War of the Rebellion: Serial 129 Page 0318 CORRESPONDENCE, ETC.

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[Third indorsement.]


Respectfully returned to the Secretary of War.

There is no law authorizing the establishment of a military school.


Assistant Adjutant-General.

[APRIL 23, 1864. -For Seddon to Vance, in regard to suspending the execution of the conscript law in the mountain counties of North Carolina, see Series I, VOL. LIII, p. 329.]

DEPARTMENT OF JUSTICE, Richmond, April 26, 1864.

Honorable JAMES A. SEDDON,

Secretary of War:

SIR: The papers transmitted by you in the case of A. C. Myers present the following facts:

On the 15th of April, 1861, A. C. Myers was appointed lieutenant-colonel in the Quartermaster's Department, and after that date he is styled Acting Quartermaster-General in the correspondence of the War Department.

On the 15th of February, 1862, he was nominated to the Provisional Congress in the following words: "A. C. Myers, of South Carolina, Quartermaster-General, to be colonel, to take rank from the date of his confirmation," and the nomination was confirmed the same day. On the 27th of January, 1864, Brigadier General A. R. Lawton was nominated to the Senate to be Quartermaster-General, "to rank as brigadier-general from April 13, 1861, the date of his confirmation to that grade by the Provisional Congress. "

On the 17th of February, 1864, the Senate passed the following resolution:

Resolved, That the Senate advise and consent to the appointment of A. R. Lawton to be Quartermaster-General, to take rank from the date of confirmation.

The several acts of Congress under which these appointments were made are the following:

Act of 26th of February, 1861, for the establishment and organization of a general staff, section 3:

That the Quartermaster-General's Department shall consist of one Quartermaster-General with the rank of colonel, six quartermaster with the rank of major; and as many assistant quartermaster as may from time to time be required by the service may be detailed by the War Department from the subalterns of the line.

Same act, section 6:

That the officers of the Adjutant-General's, Quartermaster-General's, and Commissary-General's Departments, though eligible to command, according to the rank they hold in the Army of the Confederate States of America, shall not assume command of troops unless put on duty under orders which specially so direct by authority of the President.

Amendatory act of 14th of March, 1861, section 3:

That the Quartermaster-General's Department shall consist of one Quartermaster-General with the rank of colonel, one assistant quartermaster-general with