Duke University Libraries ffwJ fO^ D03212464M ^^^^^ YETO MESSAGE. EXECUTIVE OFFICE, ) January 22nd, 1862. J To the Congress of the Confederate States : After mature consideration of the Bill to encourage the manufacture of small arms, saltpetre, and of gunpowder, with- in the Confederate States, I felt constrained to return it with the following statement of objections : By its provisions the Bill deprives the Executive of the discretionary power to protect the Government against un- necessary or improvident contracts, and confers upon indi- viduals who may propose to furnish to the Government any of the supplies enumerated, the right to demand that their proposition shall be accepted and that fifty per cent, of the amount proposed to be invested shall be paid from the public Treasury, without any other condition than that the person making such proposition shall have actually expended in the prosecution of the proposed work one-fourth of the capital to be invested in it, and that his undertaking shall not be, in the opinion of the Secretary of War, visionary or impracti- cable or at points too remote for the advantage of the Con- federacy. As an example of the disadvantageous operation of the Bill herewith returned, the attention of Congress is called to the contemplated case of the manufacture of gun- powder. Our present necessity is not for an increase of powder-mills, but for a supply of the material for the manu- facture of gunpowder. The mills now in existence and which could be readily put to work far exceed in their capacity to manufacture our ability to supply the requisite material. Yet under the operation of this Bill it would follow that any one who should propose to establish a powder-mill upon un- objectionable locality and that he had invested one-fourth the capital to be employed, would be entitled to claim an advance ; 1. H. %•• ^ I equal to 50 per cent, of that amount for a work which the Gov- ernment (11 (1 not require, and wliicli, as there is no limitation of time for the fulfillment of his contract could not be pronounced visionary or impracticable. The power already exists to make advances equal to thirty-three and a third per cent, on contracts for arms or munitions of war, and experience has not shown that any larger advance is necessary to stimulate the undertaking of such contracts ; on the contrary, it has not yet been found necessary in a single instance to make advances to the full amount now permitted by law. The requirement of the Bill that liberal profits shall be granted and an extraordinary advance be made, coupled Avith the ab- sence of any Executive discretion to refuse any contract pro- posed for the supplies mentioned in the Bill, would inevita- bly expose the Treasury to heavy drafts from the class of speculating contractors. I regret that these features of the Bill compel its return, as some of its provisions would be valuable adjuncts to ex- isting legislation, in enabling the Government to aid in the establishment of manufactures of small arms and the creation of artificial saltpetre beds. JEFFERSON DAVIS. AN ACT To encourage the manufacture of small arms, saltpetre aud of gunpowder, within the Confederate States. Section 1. The Congress of the Confederate States of Amer- ica do enact. That every person who shall propose to estab- lish, put in operation, and carry on a manufactory of small arms within the Confederate States, for making small arms suitable for the army of the Confederate States ; and every person who shall propose to establish, put in operation and carry on a manufactory of gun-powder within the Confede- rate States, suitable as ammunition for the army of the Confederate States ; and every person who shall propose to establish, put in operation and carry on a manufactory of saltpetre within the Confederate States, who shall submit to the Secretary of War his proposal or proposals, in one or more of these respects, with a statement of the amount pro- posed by him to be so invested in said undertaking or un- dertakings, and of the extent and plan of his undertakin;::;3 ; and who shall produce satisfactory evidence to the Secretary of War that he has actually expended in the prosecution of the proposed work one-fourth of the capital proposed to be invested therein, shall be entitled, unless the Secretary of War deem such Avork visionary or impracticable, or at points too remote for the advantage of the Confederacy, to receive at such times and in such amounts as may be required for the construction and operation of such works, as an advance from the Treasury, a sum equal to fifty per cent, on the amount proposed by him to be so invested ; to be repaid, without interest, to the Confederate States, from the first merchantable article manufactured, at such price as shall be agreed upon and stipulated for before or at the time of such advance, by the Secretary of War and the other con- tracting party, said price to be such as shall be sufficient to aflford the manufacturer a liberal profit upon the probable cost of production : Provided, however, That no such advance ehall be made until the party applying therefor shall enter into bond and security, to be approved by the Secretary of War, or by some one appointed by him, to take and approve snid liond. Said bond to be in the penalty of double the amount proposed to be advanced, and to be conditioned to the effect that the principal obligor shall well and truly, and by a certain time, to l)e named in the bond, proceed to erect, oomplotc, and put into effective operation the manufactory proposed; that he Avill expend the sum proposed for these purposes ; that he >vill appropriate the money advanced by the Government to such purpose, and to no other use or purpose ; and, as far as practicable, will keep the said pro- perty insured, and that he will repay the same from the first merchantable article manufactured, until he shall fully re- pay to the Confederate States, in the article and at the price stipulated for, the sum advanced : And provided, further. That no such advance shall be made until the party apply- ing therefor shall subscribe a Avritten oath, endorsed upon the back of said bond, which may be administered by any person competent to administer oaths, that said advance is asked for the purposes specified in this act, and for no other, and that he or they will so apply said funds, which may thus be advanced. And a willful and corrupt violation of this oath shall be deemed perjury, and punishable by imprison- ment for not less than three nor more than ten years. Sec 2. The Congress do further enact, That the Secretary of War may, at his discretion, in anticipation of the erec^ tion of such manufactory or manufactories, enter into such further contracts with the persons proposing to establish the same, fur the thing to be produced, as shall comport Avith the then present or prospective wants of Government, and in ay or may not, at his discretion, require security for the performance of the same ; but no advance or pre-payment shall be made on such last mentioned contracts. And con- tracts made under this section of this act shall be such as may afford the manufacturer a liberal profit on the probable cost of production. Sec. 3. The Congress do further enact, That in case of the destruction of any such manufactory of gun-powder, with- out the negligence or fault of the oAvner, before the repay- ment to Government of the advance made by it under the fi-rst section of this law, the owner shall be excused from the further performance of such contract, save so far as he may be able to perform his contract with the property remaining, or from the manufactured article on hand at the time of and saved from such loss. Sec. 4. The provisions of this act shall apply to cases of enlargement of manufactories of small arms, gun-powder and saltpetre, now established .or being established within the Confederate States, but the advances made in such case? shall only be fifty per cent, upon the amount proposed to be invested in the enlargement of such manufactory, and no now existing investment in such manufactory shall be com- puted or taken into account in determining such fifty per cent. ALEXANDER II. STEPHENS, President of the Congress, pro tempore. January 13, 1SG:2 I certify that this Act passed the Congress. J. J. Hooper, Secretary. VETO MESSAGE. EXECUTIVE OFFICE, Richmond, January 22nd, 1862. To the Congress of the Cm federate States : I have considered a Bill to authorize the Secretary of War to receive into the service of the Confederate States a regi- ment of volunteers for the protection of the frontier of Texa« and herewith return it to the Congress with a statement of my objections, which are respectfully submitted to considera- tion. The Bill provides that a regiment of volunteers is to be raised by the State of Texas, under the provisions of an Act of the Legislature of said State, and directs that the Secre- tary of War shall receive the regiment to be raised and in- corporate it into the Provisional Army of the Confet^erate States. By reference to the Act of the Legislature of Texas, a copy of which accompanied the Bill, it appears that all that discretion and control, which of necessity is vested in the Executive of the Confederate States over all troops employed in their service, are withheld by the Act, the provisions of which are adopted in your Bill, the posting and move- ment of the troops being therein confided to the Governor of the State under the plan of the Legislature. There are other objections Avhich are mainly important because they disturb the uniformity and complicate the sys- tem of military administration prescribed by the laws of the Confederate States. Unity and co-operation by the troops of all the States are- indispensable to success, and I must view with regret this as all other indications of a purpose to divide the power of the States by dividing the means to be employed in efforts to^ carry on separate operations ; but, if in any case it be advi- sable that such separate action should be taken, it seems tO' me palpably clear that it should be a charge against the in- dividual State, rather than upon the common Treasury of the Confederate States. JEFFERSON DAVIS. AN ACT To authorize the Secretary of War to receive into the ser- vice of the Confederate States a Regiment of Volunteers for the protection of the frontier of Texas. Section 1 . TJie Congress of the Coiifederate States of Amer- ica do enact, That tlie Secretary of War is herchy authorized and directed to receive into the service of the Confederate States a Regiment of Yolunteers to be raised by the State of Texas for the protection of the frontier of said State against Indian depredations, under the provisions of an act of the Legishiture of said State, approved December twenty-first, eighteen hundred and sixty-one, and said regi- ment when so received, shall constitute a part of the Provi- sional Army of the Confederate States and be subject to the laws governing the same. Sf.c. 2. Said regiment shall be charged with the defence of the Texas frontier, and shall not be removed out of the limits of said State during the term of service for wliich the same was, or may be raised. HOWELL COBB, President of the Congress. January 17, 1861. I certify that this act passed the Congress. J. J. HOOPER, Secretary^ Executive Department, ) AusTfN, Texas, December 27, 1861. ) Hon. W, B. Ochiltree, Richmond, Va. Dear Sir : I take pleasure in enclosing to you " An Act to provide for the protection of the frontier of the State of Texas, passed by the Legislature now in session and ap- proved by the Governor on the 21st of the present month. In calling your attention to the act, my duty under the law, would be discharged, and, at the same time would as fully elicit your energetic co-operation in seeking to have the regiment accepted by the Confederate Government, as I would be able to do by any argument I may make ; but, sir, you will excuse me for urging you to the promptest actioH in the direction of moving the Government to a favorable consideration of the matter. Our frontier demands a peculiar force for its defence, and nothing less than the measures set on foot by this act will secure protection to the people in that region ; besides, if this regiment is placed on the frontier, as is desired, one of the regiments now there can be safely withdrawn and ordered into other service, and the settlers all through that section being thus secured against Indian depredations, will flock to the coast service, where they are much needed at this time. The simple effect of the reception of this regiment wiH be to give great confidence to the people and secure protec- tion to the property on the frontier, and, at the same time, be the means of throwing into the service of the Confederacy many men from that section of the State, who are now forced to remain at home because of the daily insecurity ia which they live. Your intimate knowledge of that people, will justify you in urging, with the utmost zeal, the recep- tion of this regiment, knowing that by so doing, you will be attempting to advantage and benefit a large and meritorious portion of your fellow citizens. Hoping, sir, that you will, at a short date from this time, be able to advise this Department that this regiment has been received by the Government of the Confederate States, I have, sir, the honor to remain. With the greatest respect. Your very ob'dt serv't, F. R. LUBBOCK. AN ACT To provide for the protection of the Frontier of the State of Texas. Section 1 . Be it enacted by the Legislature of the State of Texas, That there shall be raised a regiment of Rangers ft)r the protection of the Northern and Western frontier of the State of Texas, to consist of ten companies, to be raised as hereinafter prescribed, to be officered according to the rules and regulations of the Confederate States Army, and the number of officers and privates, their pay and emoluments, shall be the same as in similar service in the Confederate States Array. Sec. 2. Said men shall furnish themselves with arms, horses and accoutrements and shall be enrolled for a term not less than twelve months, unless sooner discharged, and at the expiration of their term of service, others shall be enrolled to supply their places. Sec. 3. The requisite number of men for said regiment shall be raised in the frontier counties, to wit : One compa- ny shall be raised in the counties of Clay, Montague, Cooke and Wise ; one company shall be raised in the counties of Young, Jack, Palo Pinto and Parker; one company from the counties of Stephens, Eastland, Erath and Bosque ; one company from the counties of Coryell, Hamilton, Lampasas, Comanche and Brown; one company from the counties of San Saba, Mason, Llano and Burnet; one company from the counties of Gillespie, Hays and Kerr ; one compiuiy from the counties of Blanco, Bandera, Medina and Uvalde ; one company from the counties of Frio, Atascosa, Live Oak, Karnes and Bee; one company from the counties of El Paso and ]*refc;idio; one company may be raised in any section of the State the Governor may direct : And, provided, that the unorganized counties shall furnish men with the counties to which they are attached for judicial purposes, and every county named in this section shall have the privilege to fur- nish its proportion of men, in preference to all other appli- cations; and when any company cannot be furnished with the requisite number of men from the counties named in this Act, then the deficiency may be supplied from the nearest adjoining counties not named in this Act. 11 Sec. 4. Said troops shall be stationed in detaeliments of not less than twenty-five men. When the requisite number of men shall have entered this service, and shall take their stations on the outside settlements of the frontier, as nearly as practicable in a direct line from a point on Red River to a point on the Rio Grande river, and thence down said river to its mouth, to be selected by the commanding officer, and the commanding officer shall select the posts at the directions of the Governor, in accordance with this Act, and sir:h sta- tions shall be, if practicable, about twenty-five miles dis- tant from each other, or so near each other that scouts shall pass over the ground between any two stations once every day. And further that the companies, or parts of compa- nies, shall be stationed on that part of the frontier in which they have been enrolled, and that the posts on Red River shall be supplied with additional force of not less than twen- ty-five and the company designated in the third section of this Act, to be raised in any part of tlie State, shall be in readiness to report to any part of the line the Governor or commanding officer may think necessary. Sec. 5. That the Governor is required, immediately after the passage of this Act, to commission competent persons, one for every company and district, as set forth in this Act, to enrol the number of men for a company, and when at least sixty-four men shall have been enrolled, they shall or- ganize by holding elections for company officers, and the Captain elected shall return a muster-roll, and make such other reports as may be required by the Governor, to the Adjutant-General's department, and shall, as soon as order- ed by the Governor, repair to the frontier, and perform duty on the plan laid down in this Act, until otherwise directed by the Governor or superior officers. v Sec. 6. The Governor shall have power to appoint tne field officers, as well as all other disbursing officers, pertain- ing to said regiment. Sec. 7. The troops raised under and by virtue of this Act shall be subject to the rules and regulations of the Con- federate States Army, but shall always be subject to th!fe authorities of the State of Texas for frontier service, and shall not be removed beyond the limits of the State of Texas, and that it shall be the duty of the Governor to enclose a copy of this Act to the Secretary of War and to each of our Representatives in Congress, urging the acceptance of said regiment in the service of the Confederate States, as in lieu n of one of the regiments now upon said frontier, and as the most effective and economical mode of frontier protection. Sfx. 8. That no portion of said troops sliall become a charge against tlie State until organized as required by the fifth section of this Act, and placed under orders. Sec. 9. That an Act to provide for the protection of the frontier of the State of Texas, passed February 7th, 1861, be and the same is hereby repealed, from and after the Ist day of March next. Sf.c. 10. The Governor shall have power to disband said regiment whenever in his ju'lgment the services shall no longer be necessary for frontier protection, should the same not be accepted by the Confederate Government, under the provisions of this Act. Six. 1 1 . That this Act take effect and be in force frona and after its passage. Approved December 21, 1861. STATE DEPARTMENT, ) Austin, December 23d, 1861. J 1, C. S. West, Secretary of State of the State of Texas, do hereby certify tliat the foregoing Act is a true copy of ithe original now on file in tljis office. In testimony whereof, I have hereunto signed my name, and affixed the seal of the State Department, the day and date above written. C. S. WEST, Secretary of State, VETO MESSAGE. EXECUTIVE OFFICE, y January 22, 1862. \ To tlie Congress of the Confederate States : After mature deliberation, I have not been able to approve the bill, herewith returned, entitled "An act to provide for raising and organizing, in the State of Missouri, additional forces for the Provisional Army of the Confederate States." In a message just submitted to the Congress, in relation to certain forces to be raised in the State of Texas, I have stated the objections entertained to any legislative discrimi- nation for or against a particular State, thereby disturbing the harmony of the system adopted for the common defence. In a bill very recently passed by the Congress, a new plan has been established for raising and organizing troops for the Confederate service; by the provisions of this last-men- tioned law, you have given me authority to raise and organ- ize troops in all the States, by granting commissions, in advance of the actual enlistment of the troops, to officers below the grade of general officers and above that of subal- terns. To the officers thus commissioned, you do not give a.ny pay or allowances until the actual organization of the companies, battalions or regiments, that the officers so com- missioned were empowered to raise ; and you do not allow pay, but have even prohibited the allowance of subsistence or transportation to the men enrolled, in order to enable them to reach the rendezvous of their companies. By the terms of the bill now returned, an exception is made in fa- vor of the State of Missouri alone. By the provisions of the bill, it is contemplated that advance commissions shall be granted to officers of all grades, from the highest general officer of the Provisienal Army to the lowest subaltern of a company, and that the officers, whether of the staff or the line, thus appointed, shall receive pay from the date of their respective appointments, without any condition rendering this pay dependent on their success in raising the troops. 14 The perioral bill which has now become a law. applicable to Missouri as to all the other States, fixes a reasonable term within which officers commissioned in advance must succeed in raising troops, under penalty of forfeiting their commis- sions. The present bill removes this salutary restriction, and vests in the Executive the dangerous power, not only of appointing, at his discretion, an unlimited number of mili- tary officers, irrespective of any troops to be commanded by them, but allows him to retain the officers so appointed in the public service, at the public expense, during the Execu- tive pleasure. I am not able to perceive, in the present condition of public affairs in the State of jNIissouri, the ne- cessity, which would form the only possible excuse, for a grant of such power to a constitutional Executive. I re- ceive assurances from those Avhose sources of information are entirely reliable, that the raising and organization of troops in Missouri, for service in the Confederate army, are successl'ully progressing, and that within a very few days the muster-rolls will be received, thus placing it in my power to organize the army in that State on precisely the sam6 footing as in all the others, and thus avoid any need for ex- ceptional legislation. In addition to these ol)jections, founded in principle, there would be a practical difficulty in the operation of the bill, which appears insurmountable. All the troops now in ser- vice in the State of Missouri are State troops, commanded by State officers, Avhich have never been tendered or received in the Confederate service. In exercising the power of appointment, proposed to be vested in me by the bill, the best hope for success in its pur- pose would be founded on selecting those officers who had distinguished themselves in command, and had become en- deared to the troops. But tbis would l)c to deprive the State troops of their commanding officers during the whole period necessary for the enrolment and organization of the troops under Confederate laws. Missouri would thus be left com- paratively defenceless, whilst the re-organization was pro- gressing. Therefore, regarding this bill as impolitic and unnecessary, it is submitted for your reconsideration. JEFFERSON DAVIS. AN ACT To provide for Raising and Organizing, in the State of Missouri, additional Forces for the Provisional Army of the Confederate States. Sectton 1 . The Congress of the Confederate States of America do enact, That in order to facilitate and expedite the raising and organization of troops in the State of Missouri, the President be and he is hereby authorized to appoint, by and with the advice and consent of Congress, such Major and Brigadier Generals, Field, Staff and Company officers, as the interests of the common defence may require. Sec 2. The officers appointed under the provisions of this Act shall be entitled to rank and receive pay from the date of their respective appointments, and shall be assigned to the immediate duty of raising and organizing Confederate troops in the State of Missouri ; and if such officers shall not, within a reasonable time, report their appropriate com- mands organized and ready for duty, the President may, in his discretion, vacate their commissions. Sec. 3. The officers and men raised under the provisions of this Act, shall be subject to all the rules and regulations for the Government of the Provisional Army of the Con- federate States, in like manner as other troops of the Pro- visional Army. ALEXANDER H. STEPHENS, Preside?it of the Congress, pro tempore. January, 13, 1862. I certify that this Act passed the Congress. J. J. Hooper, Secretary. Hollinger Corp. pH8.5