□uKe University Libraries 
 
 Message of the 
 Conf Pam #295 
 
MESSAGI-: OF THE PKESIDENT, 
 
 VKIoiXi; TliK IsTl.J, (.>. Jii!) Jo I MH ICASK Tllli; FTIIENlJTll ASU KKJICIKMV 
 
 (tK iir.wv >.i;'ni.).Fi;v y<ii! .--ka (<iA>r iiij-knck. 
 
 To lie Scnnfc of the ConjhUiatr Slaiis : 
 
 1 regret that a sen^^c of duty compels me to vetuni to you Avitli inv 
 objections, an net ^^]liell ori<riii!»te(l in the Seriate, entitled '■ An act to 
 increase the strength and cHieieney of hen\y artillery fur sea coast 
 defence." 
 
 This act selects fioni the provisional army a particular re<5imcnt, 
 Jvnown as the hrst regiment of South Carolina infantrj', and directs 
 iluit it shall hereafter be known as the second regiment of South 
 Carolina artillery, an»l shall have the same organization as is now al- 
 loAved by law to the first regiment of South Carolina artillery. 
 
 It next directs that the iirst and second regiments of South Caro- 
 lina ai'tillery shall bo increased to twelve companies each, and that 
 the coujplement of a company shall be one hundred and twenty-five 
 enlisted men. 
 
 The objections eritertaincd to these proxisions are grave, and I 
 submit iheiu as succinctly as possible. 
 
 1. ^rhe organization of artillery into regiments, is subject to great 
 inconvenience and impairs the eiliciency of that important arm of the 
 service. 
 
 IJotli in tlie regular and the pro\ isional army, the organization of 
 the artillery is a corps, composed of batteries, the commander of a 
 battery being a caj)tain, and the men being formed into companies. 
 This organization applies to both heavy or siege and field artillery, 
 and experience has shown it to be more efficient than the organization 
 into regiments. 
 
 L'nder the law, as it now exists, the exact number of battcrries re- 
 quired at any [loint, can be ordere<l there, aiul an officer of such rank 
 as is appropriate to the number of guns, is assigned to their command. 
 It is thus in the power of connuanders to assign officers to fhe duties 
 for which they aie most competent, some having greater merit in 
 heavy, and otheis in light artillery. The system has worked exceed- 
 ingly well, and I should greatly i egret to see it changed or impaired 
 by exceptions. If the organization by regiments be better, it ought 
 to be adopted for the whole artillery service. If not, why should the 
 exceptions to a good system be increased in number ? 
 
Where the organization is uniform tlirougliout the service, llie 
 troops are better satisfied, and the administration of the army is much 
 morQ easy and efficient. Where there are exceptions, there- is con- 
 stant effort on tlie part of the men to chanixe from one organization 
 to another, discontent is engendered, and omharrassments arise in 
 administration. 
 
 It rarely occurs that the service of artillery is required at one point 
 to the number of ten or twelve companies. The e.xigcijcies of the 
 service will require that these regiments, (if organized as contem- 
 ))lated in the bill now returned to you.) shall be broken into detach- 
 ments, and the field officers, in such event, would be. in comman<l of 
 fractions not proportional to their rank. 
 
 The first regiment of South Carolina artillery was organized by 
 the State before the formation of the Confederacy, and, when it was 
 transferred to this government, it was necessarily accepted with the 
 existing organization ; but that organization was exceptional and ob- 
 Jectionab'e for the reasons already stated. It has been retained in 
 Fort Sumter, which is one of the points where such an organization 
 is least detrimental to the service, but no satisfactory reason is per* 
 ceived for augmenting the number of companies of which it is com- 
 posed, or for the organization of another regiment. 
 
 The first regiment of South Carolina infantry, ov a part of it, I am 
 informed, has been ai-signed to duty and has received instruction iik 
 the artillery sfcrvice, and can be so employed without the passage of 
 the act in ([uestion, as long as the exigencies (if the service may re- 
 quire. It still remains, however, infantry, and could, in case of ne- 
 cessity l)e used as such in the field. Tf the act should become a law, 
 this advantage would be lost without any apparent compensating 
 benefit. 
 
 JI. The act seems to me objectionable as being special legislation. 
 It is well known that the artillery service is very generally pre- 
 ferred by our troops to infantry service. It is believed that there 
 would be little difficulty now in raising a regiment of artillerists from 
 ' citis^ens exempt from conscription, while such is not the case with in- 
 fantry. If the example be once set of converting regiments of in- 
 fantry into artillery, it needs' little foresight to predict that Congress 
 will be beset with applications for such change from regiments now 
 serving as infantry, and claims will be sent forward for equal favors 
 in each of the States. Wherever siege artillery is I'jquired, the <le- 
 legations of the different States will naturally expect and apply for a 
 grant of the same fa\or to some infantry regiment from their State, 
 and this result would be far from conducive to the discipline of the 
 army and the good of the service. 
 
 There are now numbers of our citizens who, after having volun- 
 teered in the infantry, have been found too feeble in constitution to 
 withstand the fatigue and exhaustion of the rapid movements on 
 which the success of our military operations depends. Such soldiers 
 •would deem it a great favor to be transferred to the service of heavy 
 ariilleiy i'or wliicli they would bewell fitted; and their claims f )r this 
 favorite service appear to be belter founded than those of the enlisted 
 m.cn of the inf-.ntrv resrimtnt dcsi'iiiated in tlie act. 
 
If tlic pnrpo?e of tic act 1)C, ar- it apparently is!, to proviilo for 
 l-\vcnty lour companies of artillerists to serve to.LTcthcr, tlie conimnnd 
 of these companies would be of sullioicnt importance to require the 
 appointment of a llrigadier General to command them, and it is feared 
 that sncli special legislation, without apparent necessity for one State, 
 Avould 1)0 made the precedent for similar demands from other States, 
 ill us leading to consequences which did not, perhaps, suggest them- 
 selves to Congress when the bill received its assent. 
 
 III. It is finally suggested, for the consideration of Congress 
 whether some of the provisions of this bill are not ej^uivalcnt to the 
 exercise of the Executive functions by the legislative department of 
 the government, and therefore an infringement of the princi]des of 
 the Constitution Avhich so carefully soperatethc duties of these diiTei'- 
 ent departments. 
 
 Congress has power to " mahe rnks for the^ovcrnmcut and regula- 
 lion of the land and naval forces" as v.ell as to "■ raise armies." 
 
 Tndcr these powers Congress could undoubtedly order ihe raising 
 of regiments of artilJerv for sea-coast defence, and bv change of or- 
 gani/ation direct that a certain number of regiments of infantry be 
 converted into artillery. ]5ut such is not the bill under discussion. 
 Congress, in that bill, orders a specihed regiment to be employed for 
 sea coast defence. 
 
 If this be a legitimate exercise of legislative power, ('ongress can, 
 of couise, select ether regiments and order them to the defence of the 
 Indian country, and select again other regiments and order them to 
 bo sent to the Tennessee, the Virginia, or tlie I'exian frontier. 
 
 Such orders seem to mc purely executive. 'They have hitherto 
 been made through the Adjutant Ceneral of the army, and it requires 
 but little rellcction to perceive that the exercise of such powers by 
 Congress withdraws from the Executive the authority indispeusaVilo to 
 the fulfilment of his functions as commauiler-in-ehicf. 
 
 These reasons have appeared to my mind decisive of tlie question, 
 and 1 therefore respectfully return them to the Senate as those whick 
 have prevented my approval of the act which is also hcrev.ith re- 
 turned. 
 
 JEFFEIJSOX DAVIS. 
 
 RiciiMONu. A'.v., ^[areh 31. 1863. 
 

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