/z mo H¥9 Duke University Libraries The following c Conf Pam 12mo #749 D ,: ^^DS5^773 (Office of (Cbief Gjtmtmnasttr, Dkivm: i -mkn r of So. (.'a., Ga*« axi> Ft. a. ChorletU-n, v. a, August 18, 1864. The following communication has boon received from the Quar- termaster-Generai, in reply to the following questions, and is pub- lished tor the information of all concerned: 1. When does Par. V. General Orders Xo. 59 (C. 8.). A. and I. G.'s Office, go into effect '.' '1. Is not an order approved by an officer :is valid n> if issued 1>\ him ? '.:. U Par. V. General Orders No, 59, A. afad'I. G 's Office, (C. S.) intended to cover ihp time necessarily oeoupie^in the execution of an order M#& Confederate States of America. ()U.A IJTKini ASTEPv-CEXERALS office. Richmond, Wth August, 1864. Si ii : The following reply is given to your inquiries, submitted t>y letter of date July 25, 1864, in the order in which thev are propounded : 1. The allowance of ten dollars per diem operates upon all cases where the journey charged for has been performed subse- quently to the approval of the Act of Congress, to wit: June 4, 1804, except when the officer has received his expenses under pro- nous regulations, not having information of the passage of the taw, in which case the voucher will not be thrown out. When i lie journey has been performed prior to the' passage of the law, and payment is sought after the passage, the former regulations must prevail. General Orders No. 59, paragraph V, is nothing more than the construction takes effect from the date of the approval of the law; the ten dollars per day dates, therefore, from the date of the approval of the Act of Congress, viz: June -1. 18(54. This must be bo, for, if it dated only from the publication of the General Order, the Act might never prevail for the lack of publication, which would be to render the Act of Congress nugatory or depend- ant upon t ho A. and I. General's Offic.6, which they are not. l. An order approved at Department Head-quarters ha- 'the same validity as if Issued by Department Head-quarters. :'.. A fair and liberal construction is intended to be placed upon the Act of Congress and General Order, and, therefore, the ten, dollars per diem will be allowed for the period reasonably and necessarily occupied in the performance of the service under the order : but this is not intended to include unreasonable or unneces- sary delay, not warranted by the nature of the orders ; to illustrate. an officer is ordered by competent authority on inspection duty, and is absent in the performance of that duty twenty days, though not travelling actually all the while: he is entitled to the ten dol- lars per diem for twenty days ; and when an officer is ordered to proceed from Charleston to Richmond, travelling in the customary and reasonable manner, is delayed by failure of connection or interruption oiVthe railroad, he is 'fairly entitled for the time so delayed, but*not if he voluntarily stops, and thereby cause unrea- sonable and unnecessary delay. When delays have occurred, th*- officer should always cover the same with a certificate, setting out the causes thereof, which, if reasonable, will be allowed, not to exceed five (5) days at any one place. 4. A^ the Act of Congress and the construction placed thereon by General Order No. •">','. limit transportation and the per diem allowance to a considerable extent, and should always be taken by the disbursing officer to examine strictly the order authorizing the journey before payment is made, to see that it conforms strictly r«. the law and said General Order. Very respectfully, your ob'l servant, [Sign,.! | A. K. ULWTON, Quarter-mo tier Qene.r