Duke University Libraries Address to the Conf Pam #587 ADDRESS TO rni; OFFICERS OF TH^ FOURTH BRIGADE, GIVINt, THE GROUNDS OF ]1I8 RESIGNATIOi^: RESPECTFULLY StAMTTTED TD THEM BY JAMES*^ aiMONS, J///y, istil. CHARLESTON : STBAM-POWER PRESSES OF EVANS ft COGSWELL, No. 3 Broad and 103 East Bay Streets. 1861. ADDRESS. To THE Officers of the Fourth Brigade, S. C. M.: v It is, of course, known to you that I have lately handed, to my superior officer, my resignation as Brigadiei'-Cienei'al. For near twenty-eight years I have had the honor of holding a commission in the militia of South Carolina, having risen from a lieutenancy, through all the grades, to the rank from wliich I have lately felt myself constrained to withdraw. To leave any post of labor or responsibility in the present condition of public aifairs, naturally prompts inquiry; but when such is, besides, a military post affording some prospect of honorable distinction in the performance of public duty, it ought to excite much surprise. I believe that I have, hitherto, discharged my duties in such way as to command the approval of all who have had an opportunity' of forming a judgment. Earnestly desiring to retain the good opinion of tl*ose who have been so lately sub- ject to ni}' command, I hope you will not regard it as intrusive that I should put before you, as far as considerations of deli- cac}^ and pi'opriety allow, the views and reasons which bave governed me in the step just taken. In ordinary times, a decent regard to the personal consideration due to an official post may fairly be allowed to influence us in such questions; but, on occasions of public peril, everj- thing should, in my view, give way to the single consideration of the public service, and it is only when this is involved with considerations of self- respect that the latter should be at all regarded. My conduct, in the present instance, has been determined exclusively with reference to this guide. It was only wdien, according to my solemn convictions, I could no longer expect to be able to discharge, effioiently, the important duties sup- posed to devolve upon me in my official capacity, that I felt myself at liberty to consult my own feelings of self-respect, and withdraw from it. However reluctantly brought thus to the conclusion, not only that I could not eontinne in office, consistently -with my own self-respect, and that I liad no guarantee that I should be in command of mj' troops when called into the field, but that from my relations to the Governor and ins views of my duties, my etiicienc'y would be materially abridged, if not whollj- destroyed — setting aside all personal views and feelings, it did not appear to me that I could have any alternative. , The annexed correspondence will set forth, with sufficient clearness, the grounds from which these conclusions have been drawn; and in connection with that which points to my effi- ciency and official usefulness, I would observe that if the Governor acted on the settled determination, as he intimates, that he wonld not consult me on public matters, nor receive my opinions, because I had differed from him on one or two occasions on which I had been called into council; if I were to be regarded as a mere locum tenens, and put, to do duties only ministerial and clerical in their character because, when called to counsel, I would not relinquish, nierel}^ in respect to station, however exalted, the honest convictions of my judgment; if, more particularly, my urgent application for preparation for the di^fence of Charleston and my plans of canying the same into effect were to be rejected because, as Brigadier-General, I had differed with the Commander-in-Chief on former occasions, or because my scheme for this great work would cost $86,000, and the treasuiy could not bear the expense, it is manifest that my usefulness to those whom I represented was materially abridged, if not wholly destroyed. I can understand that a superior should expect his views and orders to be carried out by his subordinate officers, without regard to their approbation or dissent, hut I cannot understand that when an officer is called into consultation, it is on condition that he is not to dis- sent from the conclusions of his supei'ior. I think that the ensuing correspondence will be better under- stood by the statement of. some circumstances which do not appear therein. On the 2d January last, Governor Pickens sent for me. I waited on him immediately. His Excellency wished me to take command forthwith of Fort Moultrie. I replied that the Legislature would meet in Charleston the next da}', pursuant to adjournment, and that as it involved the giving up of my office of Speaker of House of Rei:»resentatives for what I apprehended might, as to time, be an ephemeral com- mand, I desired to consider my relations to the State, whether, under their double aspect, they would be resolved into civil or military, and requested some little time for reflection. More than some ten or fifteen minutes were denied me for this pur- pose; when, after such liurried consideration as I could give the matter, I very soon announced to him that I had decided my relations to the State — that they should be military-, and I would give u]) the Speaker's office for the comnian(t of Fort Moultrie; which being said, he thanked me very warmh', and then proceeded to give me his commands, verbal and written. These received, I instantly prepared to leave forthwith for Fort Moultrie, and part of the baggage of our staff was actually on the wharf when I received orders to the effect that I was relieved from the command, and that I should turn it over to the Adjutant and Inspector-General — reason assigned, that ni}^ duties as Speaker required my attention in the House of Repre- sentatives, notwithstanding that I had already- decided that question for myself. . I immediately resigned. On the 8th January I withdrew my resignation, at the instance of the Secretary of )\\'ar. General .la mi son. Thenceforward, I was not penuitted to do any duty, except of a mere clerical character. As Brigadier-Genei'al, J was not informed, still less consulted, as to any measure alfecling the movements or well-being of my brigade. M}' troops were taken away from my command; my regiments and even com- panies disintx?grated, and sent oftentimes I knew not where, and transferred I knew not to whose command. As for myself, as Brigadier-General, I might as well have been out of commis- sion; so that, when events were converging to the bombard- ment of Fort Sumter, I could remain quiet no longer, I besought the Secrctar}' of War to let nae be sent into service, and requested my friend, Governor Means, to use his influence to this end. I learned, however, that the night before 1 had been designated to the command of Morris' Island, to which post T instantl}' repaired. Thus admonished, from having been with no position which allowed me to serve with my brigade, or be useful to them as their commander, and fearing that, although holding the high office of Brigadier-General, I might again have the mortifica- tion of seeing ni}' brother officers, my troops, my friends and relatives in the service of the State, whilst 1 should have to 6 remain a spectator of scenes in wliich I was not allowed to par- ticipate, I thought it not onl}' my right, but my special duty to the brigade, to seek some certain assui-ance that I should have a post in the field, if my brigade, or any part of it, should again be called out. The correspondence will show that this Avas satisfactorily given me at one time (IGth .June), Avheu orders were issued that my staff and myself should put ourselves in readiness for active duty from the 1st July to 1st October; and his Excellency informed me, by letter of same date (IGth June), that the orders were '' intended to conform, as far as possible, MMth your (my) views and desires." On the Ist of July we Avere accordingly about to report to the Adjutant-General for duty, when, to my utter surprise, I received orders direct from the Grovernor (letter 2!)th June) which, in my opinion, so mate- rially modified and altered the arrangements already deter- mined on as to destroy the grounds of my expectation; and, although 1 instantl}- laid the mattei- before the Adjutant-Gene- ral in my written communication, which was presented to the Governor at my instance, and requested to have the matter set-^ tied on a definite footing, I was wholly unsuccessful, and was left in as much doubt and uncertainty as before, although I plainly requested that, if his Excellenc}' had no authority to enable me efficiently to discharge the duties he called on me to perform — if he had given me assurances it would embarrass him to make good, or if he had no authority to assign me a post in the field, he would frankly say so. Yet I got no othei- reply to these important inquiries than an argument against pay, w^hich has been repeated again and again, as if his Excel- lency conceived that the only object of my staff and myself was to get pay from an exhausted treasury,^ which could not bear the draft — confining himself to that, and that alone, which we regarded as the least important, and omitting what was in our view of prime consequence and the most urged by us. For these reasons I have felt myself constrained to retire Irom a place which I thought I could hold no longer with a px'oper sense of self-respect, with usefulni^ss to the brigade or the city, or with any reasonable and certain assurance that I should be allowed to participate with the troops when they should be called to the honoi-able defence of our State. JAMES SIMONS, Charleston, S. 0. Head-quarters Fourth Brigade, S. C. M., Charleston, May 30, 1861. Your Excellency : I have had the honor to receive a comnuinication from you through the Adjutant-General, of date 27th instant, in relation to the organization of the troops of this brigade, resident in Charleston, to meet an}' emergency that ma}' arise during the summer, and authorizing me to take such measures as my judgment may direct to eflFect this end. I had prepared the scheme enclosed, when I received a further communication from your Excellency, through the same chan- nel, of 29th instant, in relation to taking the census of tlie 16 Inf'tiy, etc., etc. Thfte latter is one of the minor, althougli necessary details of organization, and is, of course, included, as you will perceive, in the scheme as one of its items. I invite your Excellency's attention to the scheme. It is the only effective, practical plan, according to my judgment; but. inasmuch as it embraces arrangements and involves expendi- tures which do not appear to have been contemplated when your Excellency's orders of the 27th were under consideration. I would not, of course, venture to proceed to the organization until I should lay it before you for consideration. No organi- zation can be effective unless it be practical, and hence a paper organization is worse than useless, because it has the additional vice of being delusive. It is only by experience that discipli- nary economy and responsibility in such matters can possibly be attained. You desired, in the brief interview with which you were so kind as to indulge me to-day, to ask for an estimate of the expense. I am very diffident on this subject. Estimates seldom square with results. After some consultation, however, I would put the cost of carrying into operation my plan, as laid down, at about $86,000 — presuming that only such number of the troops are mobilized at a time as set down in the scheme. This, however, would necessarily be subject to modification and change, according to my judgment and discretion. I have the honor to be, with great respect, your Excellency's obedient servant, JAMES SIMONS, Brig.-Gen'l Comnig Fourth Brigade, S. CM. To his Excellency, Governor Pickens, Commander-in- Chief. 8 Head-quarters Fourth Brigade, S. C. M., Charhston, May 28, 1861. Scheme suggested for the Organization of the Troops resident in the City of Charleston, under the eommunication of his Excellency the Governor, of date '11th instant. I. To inspect the Sixteenth Eegimont Infantry (Beats); to make new, rigid and acenrate census of the regiment, and to enrol the names of persons liable to do military duty, ordinary and extraordinary, with their residences, so as to be ready for draft in event of necessity. II. To inspect, thoroughh-, the Jfitlc Regiment, Regiment Artillery and Seventeenth Eegiment, so as to ascertain — 1. The numerical force of each com^^any. 2. To distinguish between the regular members and the members ex-honore, and to throw out of calculation all those of the latter class, and either compel them to join the beats or be enrolled in the volunteer company to which they belong, as regular members, for active service, ordinary and extraordinary. III. To ascertain the organization of each company, battalion, and regiment — its officers, commissioned and non-commissioned, field, statf and line — and to suppl}- the deficiencies of those not provided in the A. A. 1841, by conforming to the provisions of the A. A. 1860, as cumulative to the former. IV. To ascertain what arms, implements, equipments and camp equipage, either their own property or belonging to the State, are now in the possession of the several companies, bat- talions or regiments, and what of each are wanted and ought to be furnished in proportion to the force of each. Y. To establish the Quai'term aster's and Commissary Depart- ments on a brigade footing, so as to ensure certaint}^, uniformity, economy, and official responsibility. YI. To establish one or more suitable depots in Charleston for the safe keeping of the implements, equipments and camp equipage assigned to the command, to be placed under the charge of the proper brigade department, to be ready in the event of any requisition. YII. Whatever may be taken from an}' company, being their own property, and consisting of any of these articles, to be kept separate from the general property in brigade depot, for the special use of such company, or be taken at their value 9 (the company being reimbursed), and become the property of the State. VIII. To pi-ovide vehicles for transportation suitable in kind and quality (as well as number) for the use of the command, the same to be kept at the depots mentioned in No. A^I. The dc|)6ts to be under charge of the Quartermaster's Department, with proper pay and allowance for the care and custody. IX. Munitions for artillery, inlantry and rifles to be kept on hand, and especially designated by the State Ordnance Officer for the use of the command or any part of it when called into service, in sufllcicnt quantity to answer any exigency — so that there may be no delay in procuring the same. The kind and character of the munitions for ordnance carefully to be adjusted and determined on by the Ordnance Officer on conference with the Brigadier-General. X. These arrangements being made, and the organization and equipment, equipage, etc., being complete, a battalion roster to be made of the Seventeenth Infantry, Regiment of Rifles, and Artillery Regiment, and these corps to be forthwith put into the field in active service, by battalions, according to roster, preserving the regimental organization, and with the battalion, the field and staff of the regiment to be called out, and this service to continue until the roster be got through — or artillery, infantry and rifles battalions together, as the Brigadier-Gen- eral may think projier : that is to say, the active service to commence from the time the first battalion on the roster be moved into the field, and continue until 1st November — making three or four weeks' service for each battalion. The field and staft' of each regiment serving with each battalion during the whole term of service. The brigade department to be in service during the whole period, and the Brigadier-General to command the same under the brigade organization. XI. The troops thus organized and commanded to be under the direction of the Commander-in-Chief of this State — since they do not come under the volunteer organization of A. A. 1860, and being under the A. A. 1841, are not to be imistered into the service of the Confederate States. XII. The pay of the officers and men to be the same as that of the Confederate army, and to begin from the time they respectivelj^ go into active service according to the rostei-, and to cease when relieved. 10 XIII. All munitions, equipments and camp equipage, together with the pay, to be furnished by the State, and to be accounted for to the State authorities. XIV. The troops, when called into service, to bo under and subject to the like rules and discipline enforced and exercised in the Confederate army, and in all respects to be considered as ordered into service by the Commander-in-Chief, as in case of apprehended invasion, according to the A. A. 1841. JAMES SIMONS, Brigadier-General Fourth Brigade, S. C. M. ESTIMATE. For transportation, pay, etc., of troops $50,000 For camp equipage, etc 10,000 For artillery horses(if purchased) for one battery, $12,500 For feed 3,000 15,500 Contingencies 10,500 Probable expense $86,000 Note. — At the date of the foregoing scheme, the Sixteenth Regiment did not form part of the troops contemplated then to be mobilized, because I designed, in the course of the summer, with the sanction of the Governor and the consent of the officers of the Sixteenth Regiment (field, staff and line), to avail myself of the resolution of the Convention (see Journal, page 297) to organize the independent companies already in commission (if thej' would consent), together with the Marion Rifles (Captain Sigwald, Sixteenth Regiment), and five or more other companies, to be raised in the Sixteenth Regiment, as a legion or regiment — to be engrafted, so to speak, on the Sixteenth Regiment. I intended to propose that new officers be elected (supposing the old, wao should also be eligilile for re-election, consent), and that this body, so organized, snocld stand in the place of the Sixteenth Regi- ment, and do all the duty, ordinary and extraordinary, of tuat regiment during the war, or until the Legislature thought proper to make other arrangements. I supposed that we would raise thus from one thousand to twelve hundred effec- tive men, and. make a superb corps of it. In consideration that a groat many persons not liable to ordinary duty in the Sixteenth Reginient, would thus be relieved from being called into the field, it appeared to me that they would take pleasure in assisting to uniform and otherwise equip tho new regiment, and thus the force of Charleston would be so increased and rendered effective by the whole plan, that with certain works in tho Ordnance and Engineer's Departments, which I further contempla^d, the enemy would entertain very little hope of taking ven- geance on our city. It will be perceived that this would have been a work of some time and expense, and the mobilization of the other regiments could not have been kept back on this account. I ought to remark that the reason why this machinery would have to be resorted to is, that a new regiment, of itself, cannot bo raised in the existing condition of the A. A. 1841, for this brigade. It could only be accom- plished by an Act of the Legislature, except through the agency above mentioned J. S. 11 Head-quarters Fourth Brigade, S. C. M., Charleston, June 5, 1861. Your Excellency : I had the honor to transmit to 3'ou, on the 31st ult., a scheme for the organization of the troops of the Fourth Brigade in this city, in pursuance of 3'onr orders to organize, dated 27th ult. Several days having elapsed, I hope your ]']xcellency will •pardon me for requesting a reply to \\\y communication. The importance of the subject, the public interest manifested in it, and my own personal responsibility will, I trust, prove suffi- cient reasons for obtruding myself on j^our Excellency again. Moreover, I have received several orders requiring attention since those of the 27th ult., above referred to, which, as it appears to me, materially concern the scheme of organization, and very closely affect both the public service and my own responsibility, I trust this may be regarded as a further justifi- cation of this note. I have the honor to be, very respectfully. Your Excellency's obedient servant, JAMES SIMONS, Brig. -General Comm'g Fourth Brigade, S. C. M. To his Excellency Governor Pickens. ' State of Soufn Carolina, Head-quarters, June 5, 1861. To General Simons: Sir: — I r(?ceived 3-ours, dated this instant, and hasten to say that the delay in m}- answer arose from constant engagements and m}' desire to examine the details of your plan, and particu- larly the estimate as to expenses. I have uot yet finally decided as to that part which involves the expenditure of eighty-six thousand dollars, except so far as to say that, at present, with our exhausted means, it would be impossible to encounter as large an expense as that. At present, I desire the other orders executed, particularly as to the census to be taken by the Beat Captains in the Six- 12 tcenth Eegiment. and a full roll made of all men liable for military duty, and as thorough an organization of the regiment as can possibly be made for the present, and after these census I'eturns are made, and the rolls returned (which I hope will be as soon as possible), then the companies must be ordered out for company drill, according to law, and a full return made of the arms they may have; and, at the same time, I liope j'our brigade will be put under special orders to hold itself in readi- ness far anj^ emergency that may arise througli the summer, so that we can rely on it for the defence of the city, until other troops are ordered to their support, if any attack of the enemy should be made or threatened. F. W. PICKENS. Charleston, June 10, 1861. My Dear Sir: I had hoped to have had a further interview with you before you left Charleston, but being disappointed, I must ask the favor of you to allow me this means of further communication. I am progressing with the arrangements of the volnnteer troops and Sixteenth Eegiment (Beats), under your orders. There are twentj-five companies, and a competent inspection, to ascertain what they have and what they want, as the}' are not brought together in camp, will take a long time, and be very laborious. Further arrangements consequent upon these inspections will require no less labor, industry and zeal. You showed me the orders you had written preparatory to j^our leaving. Among the plans it was stipulated that Col. Ander- son, in the event of necessity, should call on me foi^ troops. At this point I inquired of you whether it was designed that my troops should be disintegrated, as they had been on former occasions, company by company, and taken from mj' command, until the last 'anoment. I said that if I were to be put to all the labor and responsibility of the organization and prepara- tion, and had to incur all the odium of enforcing duty and imposing punishment for the neglect of it, I hoped I would be put into s.'rvice with the troops, or any portion of them, on their first call. You were kind enough to assure me, unquali- fiedly, that such would be the case. I even proposed, if it 13 Avoiild relieve you ft-om embarrassment, to waive rank to Col. Anderson, for as lie was a regular officer, I felt that it might be a proper and becoming concession under such circumstances. In consideration, therefore, of the labor and responsibility I am now undergoing, I would request you to put me, witb my staff, under orders for immediate active service and duty. I will thus have authority and be able to enforce obedience in the oi-ganization you have ordered. I will also be enabled to avail myself of your assurance that I should aecomjian}^ any of the corps of my brigade that may be ordered into the field. And, moreover, I can have the services of the staff for the organization, which it is scarcely reasonable to expect under other circumstances. If I cannot offer an}" expectation of ser- vice to these gentlemen, surely I cannot ask them, at the entire sacrifice of their own business and their personal convenience, to unite with me in a work that rccpiires private expense, labor and responsibility, and it may be will incur odium, whilst it offers no active and honorable participation in the great work of the defence of the State. The objection to this proposition may be the expense of the pa^^ Yet I apprehend such arrangements can be made on that head, as to obviate much of Ifhat difficult}' « I would say something more as to the scheme of organization which I laid before you. I find it gives general satisfaction to officers and citizens, and if you will begin the experiment, I will use every effort to practice rigid economj^ and to enforce exact accountability in all the departments. I am anxious to see Charleston adequately prepared for de- fence, but I feel sure that nothing can be effectual to this end that is not practical, and it is impossible to put troops on a war footing without expense. You will find my excuse, I hope, for troubling you, in the general interest manifested by our citizens at this time, in the subject of the defence of Charleston, Avhich, in a military point of view, we regard the key of the State. Without further apology, and hoping to hear from you shortly, I am, very respectfully. And truly yours, JAMES SIMONS. To Ilis Excellency Governor F. W. Pickens, Edgefield C. H., S. C 14 State of South Carolina, Head-quarters, June IQtK 1861. My Dear Sir : I received yours on 1113' return from ni}- Savannah river jtlacc a few days ago, and would have answered, but for the great pressure upon my time. * * * * * * * ****** But it still behooves us to be thoroughl}' prepared for any emergency that may occur; and to keep the fine military forces of Charleston in projier order for any immediate call that may be made, I princiiially i-ciy upon you this summer. I have never seen in an}- country, better drilled companies than are your volunteer companies of Charleston. They are equal to any men in the world, and I feel assured that ^-ou will be able to keep in check an}- force that may threaten you during the sickly season. * * * :!: * * / * * * * * * I have sent an order to Gen. Gist in relation to yourself and staff, a copy of vv^hich I enclose to you, which is intended to conform, as far as possible, to your views and desires. I allowed j^ou a special clerk for three months also, with pay at fifty dollars per month. You will excuse me in m^- desire to practice rigid economy, for the State finances greatly require it, and I sincerely hope there is no danger to us at present; but if things change, and I see any danger, I shall not only be with you immediately, but shall spare no expenditure then to meet any event that may threaten. I shall be at Columbia as soon as there is any neces- sity, so as to be within striking distance of Charleston. At present I onl}^ wait events in Virginia, to shape my course more definitely for the summer. I think in about ten days we may expect a decided turn to matters in Virginia, and perhaps if advance parties come into conflict, they may force on at an earlier day a decided battle. Yours, very respectfullj^ F. W. PICKENS. To Gen. Simons. Note. — It is necessary to omit some parts of this letter which concern public affairs and the movements of certain tn.ops in Virginia and in this State, but in no wise affecting the subject of this correspondence. J. S. 15 (Copy.) State of South Carolina, Head-quarters, June \Qt1u 1861. To Adjutant-General Gist: Sir: — You Avill order General Simons and staff to put them- selves in readiness for active duty from the 1st of July to the 1st of October, and direct General Simons to put his brigade into thoi'ough oi'ganization upon the plan suggested in the last orders issued just before I left Charleston, and if any portion of the troops in his brigade shall bo called out under requisi- tions or orders from Colonel Anderson, commanding, they shall be under pay; and if there shall be two or more battalions thus called out, it will be understood that General Simons shall be in their actual command, subject to concert of action Avith Colonel Anderson, and to be assigned to position by the direc- tion of Colonel Anderson, and in no event is Colonel Anderson to be superseded in his command for the summer, except by special orders from head-quarters. No portion of Gen. Simons' brigade, however, to be considered in active service unless some threatened emergency shall occur, and if there should be need. Colonel Anderson will immediately make his requisitions upon General Simons, and send a notice of the same to head- quarters. Serve a copy of this order on Colonel Anderson. P. W. PICKENS. State of South Carolina, Head-Quarters, JxL7ie 29th, 1861. To Brigadier-General Simons : Sir: — I hope you and your staff do not consider yourselves under pay for three months, unless in actual service. I issued an order to call your staff into service, to be under your com.- niand, if you desired them to aid j^ou particularly in any duty connected with the organization of your brigade, under the special orders I had issued. Of course, it will not take the whole three months to execute those orders, and if there is no invasion to make it necessary to call them into active service 16 on the ticld, then tliey will not receive pay. I am willing, as long as you may have tliem with yourself, actually engaged in active daily service, to the neglect of their business, and on expense, to allow the ordinary pa}', Avithout extras. But I hope this will not be longer than one month at farthest, and that by that time ever\'tliiiig will be held under your organiza- tion in such a position that 3'ou can easily bring them out on any emergency, without the necessity of keeping them on pay all the time. Of course, I must leave a great deal to your dis- cretion ; but I feel assured that you are as much interested as I am in causing no expense to our State but what is absolutely necessary. I hope you will appreciate this note, as it is intend- ed to prevent confusion hereafter. I have ordered Colonel Heyward's Regiment into encampment, and without pay, and so, too, of Colonel Mauigault's ; and I have issued orders for a reorganization of the old Militia Regiments throughout the countiy districts, and so forth, without pay. Very respectfully and truly, yours, F. W. PICKENS. Head-quarters, Fourth Brigade, S. C. M., Charleston, July 1, 1861. General : Understanding, at our interview this morning, that you are about to visit the Governor, I beg to call j^our attention to the present condition of my orders. On the 10th June I addressed the Governor a letter, copy of which I have sent to you. In that communication . I requested that the Governor would put my statf and myself on active duty. First. To give me the prestige of authority to enforce his orders for the organization of the troops of Charleston, and to put them on an efficient footing for active duty in the field. Second. To enable my staff and myself to discharge these laborious and responsible functions without sacrifice of our time and pi-ivate business at actual personal expense; and, IT Third. To enable us to realize his assurance that our troops would not be disintegrated, company by eompan}-, as heretofore, without us; but that whenever any part of them were called out, I should be put in actual command of them. On the 16th June the Governor replied to me satisfactorily, and sent me orders of the same date, of which he transmitted you a copy, requiring you to charge the staff and mj-self to pre2:)are for active duty from 1st July to Ist October. You did not think anj'' further order from 3'ou necessary to carry this arrangement into effect; but told me to consider the staff and mj'self on dutj^ on the 1st July. With this direction I called my staff about me. Two fcn- tlemen have come to the city, from their residence in the country, and all of them have arranged their business in pur- suance of the Grovernor's orders of IGth June. To raj' surprise, I received this morning the communication from the Governor of date 2yth June, exhibited to you to-day. I must ask the favor of you, in your visit to the Governor, to have the matter definitely settled on a certain footing. 1 have suggested the points on Avhich I have put my application to the Governor. If the Governor has called upon me to discharge military duties which he has no power to enable me efficiently to per- form ; if he have given me assurances which would embar- rass him in fxny way, as the Executive, to make good ; if he have no authority to assign me a post in the field if my troops be called into service, now is the time frankly to apprehend it, that there may be no misunderstanding hereafter. It concerns every officer to apprehend his position j^erfectly. For the last six months I have been permitted to do little more than transmit orders, and, certainly, except with a sli<'-ht inter- val, wiulst in command at Morris' Island, exercised none of the powers of a Brigadier-General. I seek nothing moi-e now than what appeal's to me to be due to my civil and military station and services in the State. 1 cannot disguise from myself that I hold the third rank, both civil and military, in this Commonwealth, and whilst I occupy them I will not cease to consider what is due to them. You will not be surprised, then, that under these circum- stances, and at my time of life, I desire to understand with certainty and distinctness, the terms on which I am to be 2 18 treated and considered by the Executive, in devoting my ser- vices to the public. I am, Genci'al. with much esteem. Very respectfully, yours, JAMES SIMONS, Brigadier- General Fourth Brigade, S. C. M. To Adjutant and Inspector-General Gist. State of South Carolina, Heap-quarters, JulyCith, 1861. To Brigadier-General Simons, Charleston: Sir : — General Gist read to me yesterday your communication to him, and mentioned your request that it should be laid before me. A Brigadier-General accepts his office with the condition implied of performing all its duties according to usual custom. It has always been a leading duty of a Brigadier^Gencral of South Carolina Militia either to keep his brigade thoroughly organized, or if it should not be so, then it is his general duty to have it thoroughly reorganized, ready for service. The orders issued to you were intended to carry out these general duties. But as, from peculiar circumstances, your brigade had become more disorganized than usual, I was desirous of having it put in superior order for any emergency that might arise, particularly as the volunteer corps were so well armed and drilled. I therefore issued the special order as to yourself and staff, relating to your pay. I still think one month's pay sufficient to effect all purpose beyond your ordinary duties, which, as Brigadier-General, you would perform at any rate, and hereby beg that 3'ou will not extend the order for pay of your staff beyond one month in active service, unless further exigency shall arise, calling for active duties in the field, and in that case you will be informed accordingly. If I were to adopt any other rule, it would fur- 19 nish a precedent, and I would have claims from every brigade in the State presented for more or less time occupied by dif- ferent officers in their ordinary duties. We are in the midst of revolution and war, and all must submit to greater calls upon their time than ^n ordinary times. Take my own office for example — my whole time is occupied, and the pay does not cover one-thitd of the expenses, not to calculate that I have not a daj^ for my private business. I would most respectfully suggest that a new volunteer regi- ment be formed out of the Sixteenth, and that the volunteer corps, now independent of the Seventeenth, or the Rifle or Ar- tillery Regiments, all join this new volunteer regiment. I shall address a suggestion to Captains Carew, G. S. Hacker, General Martin, and Captain Jeffords, who obtained permission to raise independent volunteer companies. But I would be glad if you would give me the outlines, as briefly as possible, of your plans. I think if you adopt what I suggest, that you will then have a very efficient bi-igade of the best material. This new^volunteer regiment out of the Six- teenth, and then the Seventeenth, and the Rifle and the Artil- lery Regiments, will give you four noble regiments that might be relied upon in any service, and which would make Charles- ton feel quite secure. With the highest respect, yours, etc., F. W. PICKENS. Charleston, July 10th, 1861. Your Excellency : I have received your letters of the 29th June and 6th July, and ask leave to reply that I may be put right on the record. 1 regret that you should have found it necessary in the latter, to instruct me as to the general obligations and duties of a Militia Brigadier-General. None of your predecessors have found anj'thing in my official conduct which would subject me to the imputation either of ignorance or delinquency^ I cannot suppose you designed any such suggestion, yet it appears to me that the tenor of your observations would naturally be in- 20 terprcted to ijiiport that iiiouniiig. I liavc thought it necessary to say so much on this head, and I now proceed with all be- coming deference to your person and high office, to set forth the true position which I have claimed for myself and my staft'. I desired my letter to the Adjutant-Ueneral to be laid before yon, that it might be answered in such a mannai* that I would know my position now and in the future. I desired that my staff and mj-self should be put into active service on these three grounds clearly stated : 1. To give me the prestige of authority to enforce command in the organization. 2. To relieve them and myself from devoting our whole time and sei'vice to the country at our own expense. 3. To have the assurance that, when the troops should be called into service, we might participate with them in the honorable defence of the country. You have required me to put the brigade on a footing for active service in the field, to wit: on a war-footing. The militia law nowhere provides foi» such an organization or arrangement, or for the discharge of any such service by man or officer. 1 made no question on the law, but only desired that in carrying that plan into execution I and my staff should occupy the same condition that any other officer would in actual service. You have not noticed cither the first or third points. You give me no satisfactory assurance that 1 shall be per- mitted to serve witli the ti'oops after 1 have organized them, but you confine yourself to the matter of pay, as if the gentle- men of my staff and myself — gentlemen of the highest rcspect- abilil^^ in the city and State — were actuated by no higher or more honorable motive than the sordid stimulus of pay. A casual reader of your two letters would naturally infer that you were resisting a hard or unconscionable bargain of some public claimant, rather than that you were replying to officers who were anxious to do their duty and wei'c only seeking justice and their common rights. It is here that wo wish to be put right on the record; we wish to keep it before your mind, that we are, at least, as Bolicitous to have an assurance that we should share in the defence of our country as to draw our pay or enjoy the prestige of authority. I hojDC; however, to give your Excellency no further trouble, 21 as I have tendered my resignation to the Major-Gen eral, and trust he will have 3'our sanction for accepting it. I have been compelled tj resort to this measure in self- respect, and you will permit me to detail some of the causes which have led to it. From the 8th January, 18G1, to 27th May, ultimo, except during the short period I commanded at Morris' Island, you suffered me to do no more than merely to copy and transmit 3'our orders; anj^ clever oi'derly could have done the same. Although I was on the s])ot, and third in rank to yourself, you never consulted me as to any movements or measures in which my troops, compan}' by company, were taken from rac and employed b}- you, nor in any manner treated ' me as a general officer, except when I was sent to Morris' Island. In the midst of revolution, and whilst the enemj' were at our gates, I lost sight of self and remamed a silent spectator of the scenes in which I was not allowed to participate. On the 27th May. ultimo, you directed me to organize and arrange the troops for active service, and to take such measiircs as my judgment might direct to effect this end. I then hoiied you were about to recognize ni}'^ rank and to permit me to exercise authority consistent with my station. I was disappointed. The next day after committing this matter to my judgment — to wit: on the 28th May — you or- dered, through me, a general court-martial in my brigade. I called on you and ventured, deferentially, to urge that in my ojMnion there were legal and political grounds of objection to the court. You disregarded my opinion; 3'ou had a right to do so, and I do not complain of that; but you said that Colonel DeSaussurc approved it, and you subsequently insisted on the execution of the order. Colonel DeSaussurc was a junior field officer, and however much he was entitled to our mutual con- sideration and respect, I think it without precedent that the Commander-in-Chief should throw into the teeth of one of his general officers the opposite opinion of a lieutenant-colonel of that General's command. I passed this over, also, m silence, but in mortification. On the 29th May, you directed me simply " to extend " an order on the subject* of the organization of the Sixteenth l^egi- ment, which order was included in quotation marks, and left me no discretion but to follow its very terms. Notwithstand- 22 ing 3-ou had put tliiit 8iibjeft under my charge, to be managed as m}^ judgment "miglit direct" — and notwithstanding, too, that the order prescribed ministerial matter, the execution of which was peculiarly within my own jurisdiction, and was em- braced in the same general duties which 3^ou afRrna in 3'our letter of 6th instant, belonged by law to my oflSce ; thus depriving me, even in so small a matter, of the discretion not onlj^ vested in me by the law itself, but indeed by the terms of your own order of 27th May. Further, ^fter mature reflection, I submitted to you, on the 31st May, a scheme for carrj-ing into effect your orders of the 27th, with an estimate of the expense. To this day you have given me no reply on the merits of the scheme, but simply objected tliat at present there was not enough in the treasury to meet the expense. Moreover, I was astoniBhed to find, from j^our order of 29th June, which 1 procured from the Adjutant-General's office, that you have ordered Captain Jeffords' Company of Mounted Eiflemen to he. received as an Independent Volunteer Company. You had before this organized in my brigade four other com- panies, wholly independent of any legal organization, and not subject to my orders, without an}' notice to, or consultation with me "wdiatever. Against your action in these cases I have kept silent. On this Jast occasion, however, although you communicated with mo on the very day (June 29) that 3^ou made the order above meiitioned, yet so far from consulting me, you did not even apprize me of j^our action. You were informed by the application of Captain Jeffords that a large portion of his company was "drawn from the Beat" (meaning, of course, the Sixteenth Eegiment, part of my command), 3'et you have ordered that his company be received, to be inde- pendent of.my command, without even giving me notice of your action, to say nothing of not asking my opinion as com- mander of the brigade. I ought not longer to be silent.' Finally, I will add a word for the defence of the staff and myself We did not desire to hold our places for the mere honor of office; but we wished to serve our country in her hour of peril, according to the best of our ability. We have sought in vain for a satisfactory assurance that we would enjoy this right and privilege in common with the troops. We have urged you to declare it at once, if you hav« no power to make 23 good such an assurance to us, if you could not assign us a post in the field to say so. Yet you have preserved silence on the point of greatest interest to us, and have replied to that which is of least moment. I have, therefore, decided that I cannot longer remain in my present oflSce; and in this the staff unanimously concur, and resign also. Their names are below, and you will not be unacquainted Avith them. I have the honor to be, very respectfully. Your Excellency's obedient servant, JAMES SIMONS. To llis Excellency, Governor F. W. Pickens, Comviander-in- Ch ief, Columbia, S. C. STAFF FOURTH BEIGADE. General James Sjmons, Bn'tjadier- General. Major Ed. N. Thurston, Brigade Inspector-General. Major J. J. Pringle Alston, Brigade Judge Advocate. Captain Motte A. Pringle, Brigade Quartermaster- General. Captain Caspar A. Ciiisolm, Aidc-de-Camp. Captain J. Calhoun Cain, Aid e-de- Camp. State of South Carolina, Head-quarters, July 11th, 1861. To Brigadier-General Simons : Sir : — I received j^ours this moment, dated 10th instant, and hasten to say that I regi'ct your resignation, and still more the grounds upon which you put it. Nothing was further from me than to instruct you as to the general obligations of your office, 24 but merely said what I did by way of illustration, as to Avhat we all had to lose in a revolution, by devoting more of our time than usual to the duties of the offices we accept. I then tried to express myself, so as to embrace what I thought were or- dinarj^ duties, and what might be considered as exti-a duties, and desired to say that I Avas more than willing to allow pay for the cxti-a duties that might be encountered, but even then did not make it positive, but only ex])resscd the o])inioii that a month's time onl}" would be required for the extra tluties, that is for more than what might be considered the ordi- nary or common duties of your office. This was neccssaiy to explain the difference between us, merely as to the estimate of time, j-ou having intimated that it would require the whole of the three months. I did not even make my estimate posi- tive, but intimated the time, and surely I could have no other object than the public interest, for the State had already incur- red very heavy expenses. It was done with no desire to inform you of what virere your duties, but to illustrate what I had in- timated. As to 3"0ur comjjlaint that I did not indicate what your position w^ould be, if an}'^ of your forces were called into active service, the reason that I did not mention it again was, that I had before, in my communication dated about Juno 17th, distinctly stated that if tioo or more battalions were called out by Colonel Anderson, you would be put, with your staff, in command, and I knew this itself was not a brigadier's com- mand, but I knew also that other troops besides these would be also in the field, and 3'our position would rank so as to com- mand them all. Without this your under officers wouM claim their special commands. You complain that I throw up to you the opinion of Colonel DeSaussure, as in favor of a Court-Martial, against your opinion, and that he was your junior. I thought that you had intima- ted there was no call or necessity for a Court-Martial, and I said "yes, there were many who desired it," ami mentioned, I think, Captain Pope and Colonel DeSaussure, because T sup- posed them good officers and well informed, but with no view at all, I assure you, to thi-ow into your face the "o})inion" of one of your inferior officers. As to 3^our complaint of my not consulting you in all impor- tant matters this last winter, although 3'ou say you wore the third person in rank, I think upon further reflection, you will 25 hardly think anything of that, for you know I did consult you at first, and called you and Major-General Schnierle, and other officers, into my room at the "Mills House," expi'essly to con- sult immediately after Major Anderson moved into Sumter, and that you there, in the presence of ''junior officers," differed widely with me in everything I had done, and even demanded to know by what authority I had assumed to put out guard- boats in the harbor, to watch and report any movement; and you also said that Major Anderson had done exactly right, and the only wonder with you was that he had not long before fired into my boats, and you even appeared to lecture me as to my duties. And, again, I, after that, called you to my room earl^' in the morning after Major-General Schnierle was taken ill, and you then differed widely with me. You afterward, about the 29th day of December last, made a regular military protest against everything I had done or prepared to do, and demanded a " Council of "War." On the 3d of January last, I endorsed on the back of your demand for a "Council of War," that "I would agree to no 'Council of War' that would drive me to any such conclusions." These Avere important points in our early intercourse, and on the most vital issues as to policy; I had made up ni}'^ mind, and to have consulted further with you then would only have added to our differences, and produced disorganization when everything depended on unity of council and action. Besides, in a few days afterward, tlie Convention called upon me to appoint a "Council of Safety." And I then deemed it more prudent to council with those whom the Con- vention called upon me to appoint. As to the permission to Captain Jeffords to raise an inde- pendent company, you will find, if 3'ou will examine again the Adjutant-General's office more pai-ticularly, that I considered the organization of this corps, as requested, to be under the resolutions of the Convention, which provided for raising inde- pendent companies in the parishes of the sea-coast, on certain conditions. When the Adjutant-General inquired of me, in a communication dated the Gth day of July, if this corps was first required to comply with the conditions of the Convention, I replied, under date of the 7th of July, " Of course. Captain Jeffords must comply with the conditions in the resolutions of the Convention." Now, one of those conditions was the express consent of the officers commanding the organizations 26 to which they belonged, and before that command would be recognized it must first receive their sanction or jiermission. So there was no necessity for consulting you at that time, as it had first to be brought before those commanding officers, and it then Avas to continue not longer than days after the close of the next regular session of the Legislature, and is obviously onl}': a temporary command. No matter how high m}^ personal respect may be for you, yet, in the discharge of public duties, I may be bound to differ. Called into office at the commencement of a revolution, after having been in a foreign land for three years, and somewhat unacquainted with men, I have often had to assume very pain- ful responsibilities against the opinions of those immediately ai-ound. Everj'thing was in confusion, and, you may say, in a revolution — the consequences of which will be felt for genera- tions to come. I was held responsible for the high trust reposed in mo, and I had the most decided opinions of public policy. However painful and unpleasant it may have been to differ Avith persons of your high position, jot there is no motive for any public act which I have performed, or any orders I have issued, into which I do not defy scrutiny. I have done things in which I differed from my dearest friends, and, perhaps, have often acted impetuously, as supposed by them, but there never has been a moment in these perilous times in which I did not feel more devotion to my country than to the ties even of friendship. I think the reasons you give for resigning are not sufficient, and I deeply regi'et that you should have taken exception to what I have done; but, nevertheless, as your Major-General has transmitted 3'our resignation, I will accept it. With high personal considei'ation, Yours, very respectfully, F. W. riCKENS. 27 Charleston, July 15, 18G1. Your Excellency : I had hoped I Avould not have been obliged to extend this correspondence, but I am sure your sense of justice will indulge me a little further. I have assigned, among other reasons, for resigning, that you have not shown that recognition which appeared to be due to me as a general officer. I detailed several instances, but c;ntined nwself to the facts, neither canvassing nor ques- tioning your intention or motive. You reply, that jon do not think mv reasons for resijrninir are sufficient. Yet vou adopt a line of argument to arrive at this conclusion, which not onl}' admits the facts I have stated, but is founded, as you intimate?, on a settled intention not to-consult me — and wh}' ? Because on two occasions having been called into council, and my opinion specially asked, I ventured to differ from you, and express opinions not in conformit}'' with yours. In other words, my rank, position and counsel as a public officer were to be overlooked because I did not yield acquiescence to that whicli did not accord with my honest convictions. So far from not resigning now, let me respectfully add, that had 3'our Excellency then hinted at what you now express I would by no means have yielded to the solicitation of the Secretary of War to recall my resignation of the 8th January, but would have persisted in retiring. •- I must ask your indul^-ence a little lont^er. You sav that about the 29th December I made " a regular military protest" against ever}' thing you had done, or were prejiared to do, and demanded a council of war; that, on the 3d day of January last, you endorsed on the back of my demand for a council of war that you would agree to no council of war that Avould drive j^ou to any such conclusions. Permit me, in justice to myself, to show you the mistaken impressions under which you seem to labor. The date of my report was 1st Januaiy, and not 29th December. This date is important, as you will see in the sequel. I respectfully ask leave to correct 3'Our misapprehension also as to its being a " regular military protest." It appears to me that j'ou are mis- taken. The pa|)cr I sent you was a Eeport on the Defences of the Harbor of Charleston. 28 1 sent it to 5'ou because, on the 31st December, 1860, yo\i directed Major-General Scbnierle, in your own words, as follows: " You are now orcfered to see and attend particularly to the objects and the different commands I have detailed to you above, and for this purpose you are directed to call into requisi- tion and council the valuable aid/and cooperation of Brigadier- General Simons." Thus called, and in pursuance of my responsibility and duty as Brigadier-General, I made a report of my examination of the harbor, and my opinion thereon. That it was a report, and not a 2^1'otest, I cite your Excellency as both witness and judge. On the 2d January you say, in a letter to me : •' Your extraordi- nary report I received last night, and have only to say that I do not pi'etend that the orders and disposition of the forces in Charleston harbor are at all perfect or beyond the criticism of strict military rule." If you thought it then a regular military protest, it seems to me that 3'ou would not have called it a report. When you referred it the same day to the members of your Board of Ordnance, if they thought it a protest, it is strange they should call it a report in their reply to you. In this connection, speaking of your not consulting me, you say that, on reflection, I will hardly think anything of that, since I differed widely from you at the Mills House, and aj)peared to lecture you on your duties in the pi'csence of juniors, etc., etc. In repl}^, I would beg 3'Ou to bear in mind, that the Mills House conference was on the 27th December, the day after Major Anderson's move. I bertainl}' could not sup- pose that, by reason of the Mills House transaction, you would not consult with me, for this reason, that afterward, on the 30th December, so far from not consulting me, you named me second in a council of war "to consider and report, without delay, the most approved plan for the reduction of Fort Sum- ter;" and, still later, on the 3l8t December, so far from not consulting me, j^ou ordered Major-General Scbnierle to call me into council as to all your arrangements, and used to him the flattering and commendatory expressions I have already quoted. I could not, therefore, attribute your refusal to consult me to any matters anterior to 31st December, 18G0; nor could I have attributed it to ra}'- report of the 1st January; for the language then used was of the most deferential kind, and, as I shall 29 . presently show, I was confirmed in mj views by two distin- guislied members of your Board of Ordnance. I have said tliis mucli in repi}', and only to set you rig'ht as to what appears to me to be a misapiirehension on your part. I have not ques- tioned your motives and intentions, and will not in any way attempt to do so; and, in my letter of 10th July, you \vill find I have confined myself to events subsequent to the 8th January, 1861, when I recalled. my former resignation. Further : you say I demanded a council of war, etc. 1 respect- fully ask leave again to correct this misajjprohenslon. My words were (see Report) : " With great respect, I pray your Excellency, at this moment of great peril, to consider the suggestions herein submitted, and to lay the matter before a council of war, in accordance with the custom of armies engaged in active operations." I cannot conceive how this can be called a demand; and I frankly say I think 1 understood my duty too well to have been so disrespectful as to have made a demand. In relation to Captain Jetfords' company, I beg leave to say, that on examination you will find that your order of 29th June, authorizing the Adjutant-General to receive them as an inde- pendent volunteer company, was without condition or qualifica- tion. Even .admitting that the suggestion of the Adjutant- General to you, of the 6th July (which was after I had conferred with him and stated my dissatisfaction), and your reply of the 7th of July, were part of the res gestcc, still I have not urged the unlawfulness of your order as a ground of my resignation. The point of my owmplaint was, that although I was engaged from day to day, laboriously endeavoring to organ- ize the "great jiortiou" of those very men, according to your own orders, j'ou took them from my command without giving me the least notice. Your justifying this confirms me in the necessity of my withdrawing, bbth on my own account and for the public service. In conclusion, I ask leave to make a request of you. You say that you endorsed on my report, above mentioned, that you would agree to no council of war that would drive you to any such conclusions. This stamp of -j-our condemnation of my report, of course, must be part of the record, and therefore, as a matter of justice to myself, I ask the favor of you to send me a copy of the 30 report of the members of your Board of Ordnance, to whom you referred my report. The •'entlemen were General James Jones and Col. Thomas F. Drayton (the same who had been members, with me, of the Council of ^Yar, 30th December, 1860), men of militarj' educa- tion and experience, who possess the entire confidence of the people of this commonwealth, and who were not only selected by you for 3'our Board of Ordnance, but called specially to consider this report. I think their repl}' was very nearly in the following words, but the copy will be more precise : They say to you in writing, I think under date 2d January, 1861, that at your request they had examined the report of Brig. General James Simons, of the Fourth Brigade, as to the defences of the harbor of Charleston, and beg leave respect- fully to report that they agree with General Simons in the positions he has assumed and the conclusions he has deduced therefrom; and they return you my report with their commu- nication under both their signatures. As this document forms part of the public record of this transaction, and may be of use to me in after-history, at any rate as it gives me the satisfactory confirmation of such distin- guished authority, I will be greatly obliged to you to send me a copy. In ending this correspondence, I extremely regret its aj)par- ent controversial character. I disclaim any aggressive inten- tion or spirit against yourself or your administration of public affairs. I hope I am too loyal a citizen to set so evil an exam- ple. I have been obliged tj^present myself, as it appears to me, right on the record, and to disclose the grounds on which I felt myself constrained to retire from my post at such a season; but this does not abate my consideration for your high oflScial station, or my ardent hope for the successful termina- tion of the great revolution in which we are engaged. I have the honor to be, very resjDectfully, Your Excellenc3'''s obedient servant, JAMES SIMONS. To his Excellency Governor F. W. Pickens, Columbia, S. C. 31 State of South Carolina, Head-quarters, July nth, 1S61. To General ^imons: Dear Sir: — I received yours this morning, dated the 15th instant, and hasten to say that my letter in answer to your reasons for resigning the other day, was written from memory of dates and language, as I had none of the original corres- pondence before me, nor did I have j^our "report" or my endorsement, and this is the reason I said ''about the 29th of December," instead, more accurately, the "1st of January," which you state to l)e the true date. I did not mean to be exactly precise as to dates or terms, but merely to give the substance of what 1 recollected. The original papers are all in the Adjutant-General's office, or ought to be, and you are at perfect liberty to take copies, and show this to the acting Adjutant-General Simonton, and let him note what papers you take copies of, and then, of course, have them all filed carefully, as they constitute a public record. I recollect the "report" you mention of (reneral Jones and Colonel Drayton, and perhaps, upon reflection, my endorse- ment wtis made upon that rather than upon your " report j" but, in either case, the substance is the same. Very probably the words you quote as my endorsement Avere not exactly as they are on the original document, but it is nearl}^ the same, as well as I recollect. 1 only mention it to illustrate the dif- ference of opinion between us. I hope that you have read to 3-our staff my letter fully, because I desire they shall know that nothing I have ordered or directed was in the slightest degree offensive, or, at least, w^as not at all so intended by me. There may be the widest difference of opinions between gentlemen as to the best mode of executir^g anything, and also as to all public questipns, and yet perfectly consistent with the preservation of the highest mutual pcrsdnal regard and respect. Very respectfully yours, F. W. PICKENS. pH8.5