; LEGISLATIVE HISTORY OF THE jSUBSISTENCE DEPARTMENT OF Til ' UNITED STATES ARMAu LEGISLATIVE HISTORY OF THE SUBSISTENCE DEPARTMENT OF THE UNITED STATES ARMY FROM JUNE 16, 1775, TO AUGUST 15, 1876. Compiled under the direction of the Commissary-General of Subsistence BY JOHN W. MAJOR AND COMMISSARY OF SUBSISTENCE, AND BVT. BRIGADIER-GENERAL, U. S. ARMY. SECOND EDITION. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1877. CHAPTER I. From June 16, 1776, to March 4, 1789. CHAPTER II. From March 4, 1789, to March 4, 1815. CHAPTER III. From March 4, 1815, to August 15, 1876. LEGISLATIVE HISTORY OF THE SUBSISTENCE DEPARTMENT OF THE UNITED STATES ARMY. CHAPTER I. From June 16, 1775, to March 4, 1789. The history of the Subsistence Department dates back to the organiza- tion of the Continental Army. On the 16th of June, 1775, the next day after creating the office of General, and electing George Washington to fill the same, the Conti- nental Congress passed a resolution, of which the following is an extract: “That there be one Commissary-General of Stores and Provisions.” This resolution also provided that there should be two Major-Generals; eight Brigadier-Generals; an Adjutant-General; a Quartermaster-Gene- ral, and a Deputy Quartermaster-General for the separate army; a Paymaster-General, and a Deputy Paymaster-General for the separate army; a Chief Engineer, and two Assistant Engineers; three Aides-de- Camp, and a Secretary to the General; a Secretary to the Major-General commanding the separate department; and a Commissary of Musters. The chaotic condition of the forces at Boston in the summer of 1775, composed as they were of volunteers hurriedly brought together from Massachusetts Bay and the neighboring Colonies, and supplied by their respective Colonial Commissaries aided by committees—instrumentalities which, however well they may have answered as temporary expedients, were illy adapted, on account of their unwieldy and precarious character, to supplying an army engaged in active operations—so deeply impressed General Washington with the necessity for an organized commissariat 5 6 with a single head, that in his dispatch to the President of the Continental Congress, dated Camp at Cambridge, July 10, 1775, reporting his arrival at that place, and his assumption of the command of the Army, he, evidently not then informed of the action already taken by Congress in passing the foregoing resolution, wrote as follows: _ “I should be extremely deficient in gratitude, as well as justice, if I did not take the first opportunity to acknowledge the readiness and attention which the Provincial Congress, and different committees, have shown to make everything as convenient and agreeable as possible; but there is a vital and inherent principle of delay, incompatible with military service, in transacting business through such numerous and different chan- nels.* I esteem it, therefore, my duty to represent the inconvenience which must unavoidably ensue from a dependence on a number of persons for supplies, and submit it to the consideration of the Congress, whether the public service will not be best promoted by appointing a Commissary- General for the purpose. We have a striking instance of the preference of such a mode in the establishment of Connecticut, as their troops are extremely well furnished under the direction of Mr. Trumbull, and he has at different times _ assisted others with various articles. Should my sentiments happily coincide with those of your honors on this subject, I beg leave to recommend Mr. Trumbull as a very proper person for this department.” On the 19th of July, 1775, the President laid this letter before Congress. After the letter had been read and considered, Congress passed the fol- lowing resolution: “Resolved, That Joseph Trumbull be Commissary-General of Stores and Provisions for the Army of the United Colonies.” Joseph Trumbull was accordingly announced as Commissary-General of the Army of the United Colonies by the following general order: “Headquarters, Cambridge, July 31, 1775. (Parole, Falkland.) (Countersign, Edenton.) “The Continental Congress having been pleased to appoint Joseph Trumbull, Esq., to be Commissary-General to the Army of the United Colonies, all Commissaries heretofore appointed by any of the District or Colony Congresses, or by any particular authority of any particular District or Colony, are forthwith to make exact return of the provisions, and all the different species of provisions, they have in or near the camps at Cambridge and Roxbury. Thereupon, Commissary-General Trumbull, being assured by the report of his clerk, assistant, or from his own ex- amination, that such return is just and true, is to give his receipt for the * The General was under the necessity of carrying on a direct correspondence, not only with the several Colonial governments, but with the committees of all the im- portant towns and some inferior places. [Marshall’s Life of Washington, Vol. 2 page 246. J 7 quantity delivered into his hands, which receipt will be a good voucher in the passing the account of the different Colony Commissaries hereto- fore appointed, and will be allowed as such. “The Commissaries at present appointed by the several Colonies are forthwith to make up their accounts unto the 3d of August, inclusive, ready to be laid before the Commander-in-Chief, and by him transmitted to the Continental Congress, or to be adjusted and finally settled by him, as the Continental Congress shall think proper to direct.” In a letter to the Continental Congress, dated New York, June 28, 1775, and read before that body on the 17th of July following, Major- General Philip Schuyler, commanding the New York Department, wrote as follows: “I foresee that unless a Commissary-General and a Quartermaster- General be appointed for this department, that the service will not only suffer, (from disputes already rising,) but the waste of provisions that will be occasioned by the want of the first, and the extra expenses in having the necessary supplies forwarded to the different armies through such a variety of hands, for want of the last, will enhance the expenses far, very far indeed, beyond what their appointments will be. On this head I can speak with confidence, because I have had long experience.” After the reading and consideration of this letter, Congress passed the following resolution: “Resolved, That a Commissary of Stores and Provisions be appointed for the New York Department, during the present campaign.” "By unanimous vote- Walter Livingston was chosen. "That a Deputy Quartermaster-General be appointed for said depart- ment. “Mr. Donald Campbell unanimously elected.” On the 29th of March, 1776, Congress, having resumed the considera- tion of the report of the committee on the means of supplying the troops in Canada, passed the following resolution : “Resolved, That a Deputy Commissary-General of Stores and Provis- ions be appointed for the Army of the United Colonies in Canada. "The ballots being taken and examined, Mr. J. Price was elected.” The next appointment was made on the 27th of April, 1776, as appears from the following extract from the journal of that date: "Congress also proceeded to the election of a Deputy Commissary- General, for supplying the troops in Virginia with rations; and the bal- lots being taken, and examined, William Aylett, Esq., was elected.” The first legislation fixing the components of the Army ration was the- passage of the following resolution on the 4th of November, 1775: 8 “Resolved, That a ration consist of the following kind and quantity of provisions: 1 lb. beef, or f lb. pork, or 1 lb. salt fish, per day; 1 lb. bread or flour, per day; 3 pints of peas or beans per week, or vegetables equivalent, at one dollar per bushel for peas or beans; 1 pint of milk per man per day, or at the rate of 1-72 of a dollar; 1 half pint of rice, or one pint of Indian meal, per man per week; 1 quart of spruce beer or cider per man per day, or nine gallons of molasses per company of 100 men per week; 3 lbs. candles to 100 men per week, for guards; 24 lbs. soft, or 8 lbs. hard soap, for 100 men per week.” On the 24th of December, 1775, the following general order was issued, provisionally making slight alterations in the ration as established by the foregoing resolution, and regulating the issue of equivalents and alter- nate components: “ Headquarters, Cambridge, “December 24, 1775. (Parole, Alfred.) (Countersign, Hopkins.) “By order of His Excellency General Washington, a board of gene- ral officers sat yesterday in Cambridge, and unanimously recommended the following rations to be delivered in the manner hereby directed, viz : “ Corned beef and pork, four days in a week; salt fish one day, and fresh beef two days. “As milk cannot he procured during the winter season, the men are to have one pound and a half of beef, or eighteen ounces of pork, per day. “Half pint of rice, or a pint of Indian meal, per week. “One quart of spruce beer per day, or nine gallons of molasses to one hundred men, per week. “ Six pounds of candles to one hundred men, per week, for guards. “Six ounces of butter, or nine ounces of hog’s lard, per week. “Three pints of peas or beans per man, per week, or vegetables equiv- alent, allowing six shillings per bushel for beans or peas, two and eight pence per bushel for onions, one and four pence per bushel for potatoes and turnips. “One pound of flour per man, each day; hard bread to be dealt out one day in a week, in lieu of flour. “The above allowance is ordered to be issued by the Commissary-Gen- eral to all the troops of the United Colonies serving in this Department, until the honorable the Continental Congress, or the Commander-in- Chief, thinks proper to alter it.” The following table of equivalents is copied from Force’s American Archives, 4th series, Yol. IY, page 1513, where it appears as an appen- dix to a general order, relating to the issue of provisions, promulgated by Major-General Philip Schuyler, dated Headquarters, Albany, Febru- ary 27, 1776: 9 Estimate showing the value of different species of provisions to he given in lieu of another, or the value of one species to he given in lieu of the whole species, according to the hill of fare settled hy the honorable the Continental Congress, the 4 th of November, 1775, viz: “Two pounds of bread, or flour, and one pound of pork, are equal to one ration of all species. “One pound of bread, or flour, one pound of pork, and two pints of peas, are equal to one ration of all species. “One pound of bread, or flour, twelve ounces of pork, and six ounces of butter, are equal to one ration of all species. “One pound of bread, or flour, one and a half pounds of beef, a half pint of rice, or one pint of Indian meal, are equal to one ration of all species. “One pound of bread, or flour, one and a half pounds of beef, one quart of spruce beer, or cider, or one gill of rum, are equal to one ration of all species. “Five pounds of bread, or flour, are equal to one ration. “Three pounds of beef are equal to one ration. “ Twenty-eight ounces of pork are equal to one ration. “Sixteen ounces of butter are equal to one ration. “One gallon and a half pint of peas are equal to one ration. “Four pints of rice are equal to one ration. “Eight pints of Indian meal are equal to one ration.” It appears from the following general order that, in the plan of organi- zation first adopted for the Subsistence Department, the Regimental Quartermasters were ex officio Regimental Commissaries; and that they drew subsistence stores in bulk weekly, for issue to their respective regiments: “Headquarters, Cambridge, “December 27, 1775. (Parole, Annapolis.) (Countersign, Chase.) “The Regimental Quartermasters are forthwith to settle with and give receipts to the Commissary-General, or his Deputies. The day they next draw, they are to take the whole of the provision and weekly allow- ance then due.” Congress, on the 14th of March, 1777, appointed a committee of three— Mr. Lewis Morris, of New York, Mr. Abraham Clark, of New Jersey, and Mr. Jonathan B. Smith, of Pennsylvania—to “inquire into the con- duct of the Commissaries, with power to send for persons and papers;” and on the 14th of April the committee made the following report: “That they have made the enquiry directed, as far as time and oppor- tunity would admit; and find that the conduct of several, employed in that department, is very exceptionable, discovering either a want of ability or integrity in discharging their trust, by which means the public 10 will probably suffer great loss, and the same extravagance and dissipa- tion of public money continue, while such numbers of disqualified persons are continued in that employ, who, regardless of the general good, are raising the prices of the articles they purchase by bidding upon each other, under an idea of receiving commissions or compensations propor- tioned to the sums they expend.” Whereupon, the following resolutions were passed : “Resolved, That for preventing the like impositions for the future, Commissaries be commissioned by Congress, in different districts, under proper regulations in which their duty shall be clearly ascertained. “Resolved, That the committee who brought in the foregoing report be directed to prepare and bring in a draught of regulations for the purposes before mentioned.” On the 28th of May the committee brought in their report, and after some debate thereon it was— “Resolved, That the same be recommitted, and that Mr. R. Morris be added to said committee.” In the journal of Congress for June 10, 1777, it is recorded that— “ The committee to whom was recommitted the report on the Commis- sary’s Department brought in the same amended, which, being read, was agreeed to as follows: “Resolved— “I.—That for supplying the Army of the United States with provis- ions, one Commissary-General and four Deputy Commissaries-General of Purchases, and one Commissary-General and three Deputy Commis- saries-General of Issues, be appointed by Congress. “II.—That each of the said Commissaries and Deputy Commissaries be authorized to appoint for himself one clerk. “III.—That the Deputy Commissaries-General have authority to ap- point as many Assistant Commissaries to act under them as may from time to time be necessary, and the same to displace at pleasure, making returns thereof to the Commissaries-General respectively, who shall have full power to limit their numbers, to displace such as they shall think dis- qualified for the trust, and direct their respective Deputy Commissaries- General to appoint others in their stead; that special care be taken by the officers empowered as aforesaid, to appoint none but persons of prob- ity, capacity, vigilance, and attachment to the United States, and the cause they are engaged in; and to make returns to the Board of War, the Commander-in-Cliief, and the commander of the respective depart- ments, of the Assistant Commissaries by them respectively appointed, their several places of abode, the time of their appointment and dismis- sion, and the post, place, magazine, or district to which they are severally assigned; and that the Deputy Commissaries-General of Purchases and Issues in the same district make similar returns to each other. “IV.—That the Commissary-General of Purchases shall superintend the Deputy Commissaries-General of Purchases, and assign to each a separate district, who shall constantly reside therein, and not make any 11 purchases beyond the limits thereof; and every purchaser employed therein shall also have a certain district assigned him by tbe respective Deputy Commissary-General, in which he shall reside, and beyond the limits of which he shall not be permitted to make any purchases, unless by special order of his superior, directing the quantity and quality of provisions so to be purchased beyond his limits, and informing such pur- chaser of the prices given by the stationed purchaser in the district to which he may be sent. “V.—That the Commissary-General of Purchases shall direct the Deputy Commissaries - General in their respective districts to inform themselves and assistants, as nearly as may be, of the prices for which the articles, which they are to procure, may be purchased, and that neither they nor any of the said assistants employed under their direc- tion exceed such prices; and if any Deputy Commissary-General of Purchases shall neglect his duty, or be guilty of any fraud or miscon- duct in his office, the Commissary-General may suspend him, and shall immediately certify the same to Congress, with the reasons for such suspension, and appoint a person to act in his stead, with all the powers of a Deputy Commissary-General, until the sense of Congress shall be known thereon. ‘‘VI.—That the present Commissary-General, by himself or his dep- uties, deliver unto the Commissary-General of Issues, or his deputies or assistants, all and every kind of provisions and other public stores in the Commissary-General’s department, that now are, or at the time when such delivery shall be made, may be, in any of the posts, places, maga- zines and store-houses belonging to the United States, taking duplicate receipts for the same, one set whereof, together with a general return of all stores so delivered, to be sent to the Board of Treasury, that the Commissary-General of Issues may be charged therewith. “VlL—That it shall be the duty of the Commissary-General of Pur- chases, with the assistance of the Deputy Commissaries-General and Assistant Commissaries of Purchases, to purchase all provisions and other necessaries allowed, or which may hereafter be allowed by Congress to the troops of the United States, and deliver the same to the Commissary- General of Issues, or his deputies or assistants, in such quantities, and at such places or magazines, as the Commander-in-Chief, or the com- mander in the respective department, shall direct. “VIII.—That the Commissary-General of Issues shall direct the re- spective Deputy Commissaries-General to station one of their assistants at every fort, post, place, or magazine where provisions are or may be stored. “IX.—That the Commissary-General of Purchases shall furnish each of the Deputy Commissaries-General and assistants with a book, in which is to be entered every purchase by them respectively made; and that all the accounts may be kept in the same form, he shall cause the pages of such book to be divided into ten columns, in the first of which shall be entered the year, month, and day in which any purchase is made; in the second, the name of the persons from whom; in the third, in what place; in the fourth, the species and quantity of provisions, and, if live stock, the number, color, and natural marks; in the fifth, the artificial marks and number; in the sixth, the prices; in the seventh, 12 the amount of the purchase-money; in the eighth, ninth, and tenth, the weight of the meat, hides, and tallow of the live stock, as hereafter directed; and the Commissary-General of Issues shall furnish each of the issuing Deputy Commissaries-General and assistants with a similar book, in which shall be entered all provisions received by them from the purchasers, respectively, the first column to contain the time of receiving such provisions; the second, the name of the purchaser; and in each of the other columns, the entries before directed. “X.—That each purchaser shall enter, in different pages of the said book, each species of provisions by him purchased, and, at the end of every month, shall foot and transfer the said entries to a general account, specifying the quantity, amount, and average cost of each article, and shall also, in the course of the next succeeding month, send a copy of such account to the respective Deputy Commissaries-General, who shall thereupon make out a monthly return of all the provisions purchased in his district, specifying the quantity, amount, and average cost of each species, as before directed, together with a copy of each purchaser’s accounts, to the Board of War and Commissary-General of Purchases, within the time limited as aforesaid. “XI.—That the purchasing Commissaries shall deliver live stock and other provisions required by the Commissary, or several Deputy Com- missaries-General of Issues, at such place as they shall respectively direct. “XII. —That the Deputy Commissary-General of Purchases in each district shall specially appoint one or more assistants to purchase live stock, who shall cause to be branded on the horns of all cattle by them purchased the number and initial letters of names, respectively; and shall also have power to employ drovers, and a person at each place, to which they may respectively send cattle, to receive, kill, and deliver the same, as hereafter directed. “XIII.—That each drove of live stock, or quantity of provisions or other stores, that may be sent to any post, place, or magazine, by any purchaser, shall be accompanied with duplicate invoices, taken from the entries directed to be made in the books of the Purchasing Commissaries, one of which, together with the live stock or other stores, shall be de- livered at such post, place, or magazine, to the person appointed to receive live stock, or to the Issuing Commissaries, respectively, who, on the other , hand, shall give his receipt for the articles received to be trans- mitted'to the purchaser by the person delivering the said articles; pro- vided, that if any live stock, under the care of the drover, shall be wanted at any other post than that to which they were ordered, the purchaser’s deputy at such post may detain them, taking a copy of the invoice as far as it respects the live stock detained, and giving his receipt for the same on the back of the said invoice, specifying their marks and numbers; and the person to whom the residue may be delivered shall give his receipt therefor on the same invoice, and detain the other for use as aforesaid. “XIV.—That each drove of live stock shall be killed under the direc- tion of the purchaser’s deputy receiving the same, who shall weigh and deliver the meat to the Commissary of Issues of the respective posts, together with duplicates of the invoice left by the drover, entering in the eighth column the weight of the quarters of the several creatures; in the ninth, the weight of the hide; in the tenth, the weight of the tallow; and 13 at the foot of each invoice, the number of heads and tongues; and the Commissary of Issues shall endorse his receipt on one of the invoices, and deliver it to the deputy aforesaid, who shall return it to the purchaser as his voucher, and to enable him to fill up the eighth, ninth, and tenth columns of the entries in his book; and the other shall be kept by the Issuing Commissary for his own use “XV.—That the Commissary-General ot Purchases shall contract, by himself, or the respective Deputy Commissaries-General, with one or more persons in each district, to make or supply a sufficient quantity of vinegar for the use of the Army. “XVI.—That the Deputy Commissaries-General of Purchases take special care to procure full supplies of vegetables, as being essentially necessary to the health of the Army; and they are respectively empowered and directed, with the advice of the Commander-in-Chief or Commander of the respective district, to hire land therein, and raise such quantities of vegetables as are wanted, and cannot be otherwise procured for the Army; and for this purpose to employ suitable persons to conduct, and laborers to assist in carrying on the said business. “XVII.—That the Commissary-General of Purchases shall, from time to time, apply to Congress for all the money wanted in his Department, and shall make the necessary advances to the respective Deputy Com- missaries-General, calling them to account as often as he shall judge it necessary; and the Deputy Commissaries-General shall, in like manner, make advances of the money received of the said Commissary-General to their respective assistants, and call them to account as aforesaid. “XVIII.—That the Commissary and Deputy Commissaries-General of Purchases and Issues shall respectively be accountable for the con- duct of the officers of their own appointment, and all the accounts of pur- chases and issues shall, once in six months, be settled by the respective Commissaries-General with the proper Commissioners of Accounts; each account of purchases to be vouched by the several bills and receipts of the venders, specifying the cost, and the receipts of the Issuing Com- missaries, showing the delivery of all articles therein charged; and each account of issues by the victualling returns hereafter directed to be made, and receipts for all provisions charged therein as rations, or sent by the respective Issuing Commissary to any other; and the Com- missaries-General shall produce the monthly returns of the several Pur- chasing and Issuing Commissaries, to be used by the Commissioners in adjusting their respective accounts. “XIX.—That the Commissaries-General of Purchases and Issues, and their respective deputies, for neglect of duty, or other offences in their respective offices, shall be subject to military arrest and trial, by order of the Commander-in-Chief, or any general officer commanding a division of the Army, post, or department, where such neglect or duty or offence may happen; and the respective assistants of the Deputy Commissaries- General of Purchases and Issues shall, for the same causes, be liable to military arrest as commissioned officers in the Army, by any general officer, or any officer commanding at a detached post to which such assist- ants may be assigned. “XX.—That the Commissary-General of Issues shall superintend the respective Deputy Commissaries-General, and assign to each a separate 14 district; and have full powers to suspend them and appoint others for a time, as already appointed for the Commissary-General of Purchases. "XXI.—That every Issuing Commissary shall enter, in distinct pages of the book mentioned in the ninth article, each species of provisions or other stores received by him, including the provisions delivered by other Issuing Commissaries, or the present Commissary-General, and the same entries shall he made with respect to these, as therein are directed, when provisions are received from the purchasers, excepting that the prices and cost of articles delivered by the said Commissaries may be omitted. "XXII.—That every Issuing Commissary shall be furnished with a hook of issues, in which he shall open a separate account with each reg- iment, corps, or detachment, to which he may issue, or commissary to which he may send or deliver provisions; and each page thereof shall he divided into columns, in the first of which shall be entered the time of delivery; in the second, the name of the officer upon whose return pro- visions are issued, or by whom sent to any other Issuing Commissary; in the third, the number of rations, and, in other separate columns, the several quantities of each species of provisions delivered as rations, or sent to the Commissaries as aforesaid. And, on the last day of every month, he shall foot the said accounts, and also all the accounts of pro- visions received and entered in the book mentioned in the preceding article. "XXIII.—That every Issuing Commissary shall take duplicate receipts for each quantity of provisions and stores by him sent to any post, place, or magazine, agreeably to the form of the entries directed to be made in the book of issues, one of which he shall deliver to the officer or person employed to deliver the said provisions or stores; and the Issuing Commissary at such post, place, or magazine, or at any intermediate post, who may receive such provisions or stores, or any part thereof, shall certify the quantity on the back of the said receipt, which the officer, or person who delivered the provisions, shall return to the Commissary that sent them as his voucher; and, in case of deficiency, the Commissary who sent the provisions shall credit the Commissary to whom they were directed for the quantity lost, if the same has been placed to his debit, and shall charge twice the amount thereof to the account of the officer or person employed to deliver it, and shall also transmit a copy of the said account to the Paymaster or Deputy Pay master-General in the district, who shall send to the Issuing Commissary a receipt for such account, to be produced by him on set- tlement, and shall also deduct the amount thereof from the pay of the delinquent, and credit the United States therefor; provided, that if any provisions or stores shall be lost by unavoidable accident, and the same is proved by sworn evidences before the commanding officer of the post from or to which such provisions or stores were sent, his certificate, with the proof annexed, shall authorize the Commissary to cancel such charge. "XXIV.—That no provisions be issued to any person but by the written order of the Commander-in-Chief, the commander of any depart- ment, the Quartermaster-General, any of his deputies or assistants, the commanding officer of a post, describing the person in whose favor such order shall be given; or upon a return signed by the commanding officer of a corps, or detachment thereof, whether commissioned or non-com- missioned, or by the regimental quartermaster. 15 “XXV.—That when any troops are ordered to quit a post, and the Issuing Commissary remains at such post, the respective commanding' officers of the several regiments or corps shall call on the Issuing Com- missary for a certificate, specifying the day to which they were victualled, inclusively; and, in case detachments of different regiments or corps are made, the commanding officer of such detachments shall procure a cer- tificate from the Commissary, in which shall be inserted the days to which the different troops, of which his detachment may he composed, were victualled, and the next, and every subsequent provision return for such detachment shall distinguish the corps out of which it is formed, and the number of each corps, to the end that the Commissary may charge each corps with the provisions issued to it; and if any Commis- sary, at any other post, shall victual any corps or detachment compre- hended in the foregoing description before such certificates are produced, he shall charge the officer commanding the same with twenty days’ pro- vision for the whole number of men under his care, and make return thereof to the Paymaster-General or Deputy Paymaster-General of the district, who shall make the proper stoppages, and also to the Board of Treasury, who shall charge him therefor; Provided, That if such certifi- cate be procured and delivered within thirty days after the first drawing of such provisions without certificate, the Commissary-General shall can- cel the charge, keeping the certificate as a voucher for so doing; Provided also, That notwithstanding such certificate may be produced, if it shall appear that the officer commanding any corps or detachment has drawn more provision than the corps or detachment was entitled to, he shall stand charged the double quantity so overdrawn “XXVI.—That every Issuing Commissary shall take receipts for the number of rations, and for so much of every species of provisions as he may issue. “XXVII.—That every Issuing Commissary, on the last drawing day preceding the last drawing day of every month, shall victual the troops up to the last day of the month inclusive; and if provisions should be ordered for troops going on detachments, for such time as would run be- yond that day, two returns shall be made out, one to the last day of the month inclusive, and one from the first day of the month inclusive to the time ordered. “XXVIII.—That every Issuing Commissary shall number the pro- vision returns, and endorse the same with the date thereof, and the num- ber of men victualled, and put the returns of each detachment or corps on separate files, each to contain the returns of a month for such corps or detachment. “XXIX.—That, wherever any capital magazine shall be established, the Commander-in-Chief, or commanding officer of the department, shall order store-houses to be built, and a barrack for fifty men, and the same to be enclosed with a stockade. “XXX.—That, whenever any of the provisions or stores in any of the magazines become so damaged as to threaten a total loss of all such damaged provisions, the Commissary of Issues, to whose care such pro- visions may be committed, shall make return thereof immediately to the Deputy Commissary-General of Issues, who is to apply to the Com- some general officer, to order a court of inquiry, who 16 shall thereupon grant one, and such provisions as may by the court be condemned shall be sold at public vendue, under the direction of the Deputy Commissary-General of Issues, public notice being given of such sale, by advertisements, at least ten days before the day of sale, unless the court should determine that the same ought to be sold at an earlier day. “XXXI.—That every Assistant Commissary of Issues shall, within six days after the last day of every month, make a return to the Deputy Commissary-General of the district, of all provisions and stores in his magazine or store at the last preceding return; of all provisions by him received in the preceding month; from whom and whence; of what he has issued, specifying the regiment and corps, and the number of rations, and quantity of each species of provisions drawn by the same; and of what remains in store. “XXXII.—That each Deputy Commissary-General of Issues shall, from the monthly returns of the Assistant Commissaries, make out a general return for the district, specifying what remained in the maga- zines or stores at the last return; what has been received since; the num- ber of rations and quantity of provisions issued, and what remains in store, distinguishing the several posts, places, magazines, and regiments, or corps, as aforesaid; one to be sent to the Board of War, one to the Commander-in-Chief, one to the Commander of the Department, one to the Commissary-General of Purchases, and one to the Commissary- General of Issues. “XXXIII.—That the Commissary-General of Purchases and Commis- sary-General of Issues, each in his own department, make a general monthly return to the Board of War, the Commander-in-Chief, and the commanding officer of the respective districts, and take special care con- stantly to provide and furnish each of the officers under him with priuted forms of the books, invoices, receipts, and returns, to be used by them respectively, agreeably to these resolves. “XXXIV.—That no return of rations drawn or returned by the sev- eral regiments be hereafter made by the Issuing Commissaries to the Commissary-General of Musters, or by him to the Adjutant-General, or by the Adjutant-General to the Board of War, as directed in the regula- tions of the Muster-Master-General’s Department, passed by Congress the 4th day of April last. “XXXV.—That the Commissaries-General and the respective officers under them apply to the Quartermaster-General, or bis respective officers, for wagons, teams, and horses wanted in the several districts, and if at any time it shall be necessary to hire the same, they are not to exceed the rates stipulated by Congress, or the Quartermaster-General aforesaid. “XXXVI.—That all persons employed to purchase for the United States any articles in the several Departments of the Commissary-Gen- eral of Purchases, Quartermaster, Director, or Clothier-General, or the Commissary-General of Military Stores, shall previously apply to them, or the principal officers under them, respectively, for certificates of the several prices by them allowed for such articles, and shall not, on any pretence whatsoever, exceed such prices. And it is recommended to the several States to give their purchasers, respectively, similar directions. “XXXVII.—That the Commissary-General of Purchases, from time to time, provide sufficient quantities of salt, and deliver it to the Commis- 17 sary-General of Issues, or the respective officers under him, who are directed to issue to the troops only such quantities, and in such manner, as the Commander-in-Chief, or commander of the respective district shall direct. And the Commissary-General of Issues shall direct the* respec- tive Deputy Commissaries-General to employ a suitable number of coop- ers and packers, who shall salt and pack provisions at the several maga- zines and stores, and take the proper precaution with respect to all provisions therein deposited. “XXXVIII.—And whereas, great confusion hath arisen from the man- ner in which officers and soldiers have been paid for rations and parts of rations allowed to, but not drawn by, them respectively. “Resolved, That the parts of a ration be estimated as follows, viz: for the daily allowance of beef, pork, or fish, 4-90th of a dollar; of bread or flour, '2-90th; of peas or beans, l-90th; of milk, l-90th; of beer, l-90th; of rice, one-half of l-90th; and of soap, one-half of 190th; making the whole 10-90th of a dollar for each and that, for the future, the quartermaster, or other person drawing provision for any regiment, corps, or detachment, shall, on the last day of every month, make out an abstract of the number of retained rations due to each officer respectively, and also the number of each part of ration due t6 such regiment, corps, or detachment, and deliver the same to the respective Issuing Commissary,; who shall compare it with his books, and finding it right, shall certify thereon that the several charges in the abstract are just, and that such a sum as he shall find to be due shall be paid to the respective Paymaster of the regiment, corps, or detachment, who shall annex the said abstract to the pay-roll; that the Paymaster, or Deputy Paymaster-General of the district, may pay, and he is hereby required to pay, such ration ab- stract to the Regimental Paymaster, who is directed to pay the respective officers and soldiers, and take their receipts. And when any regiment, corps, or detachment, or Issuing Commissary is ordered to leave a post before the end of the month, the ration abstract shall be made up to the day of his or their leaving the post, and certified by the Commissary as aforesaid. “XXXIX.—That the Commissary of Issues, at every post whei’e cattle are killed for the use of the Army, appoint a careful person to take charge of the hides and tallow, to see that the former are properly dried, and that the latter is properly rendered, and that both are disposed of as the Commissary-General of Issues, by order of Congress, shall direct. “XL.—That the Commissary and Deputy Commissaries-General of Purchases, in each department, and every purchaser employed under them, shall take the oath of fidelity to the United States, and the follow- ing oath or affirmation, viz: “ ‘I, , do solemnly and sincerely swear (or affirm) in the pre- sence of Almighty God, that I will not collude with any person or persons whatever to enhance the price of provisions, or any article of commerce which I shall, at any time hereafter, be directed to purchase for the use of the United States; and that I will endeavor, by every honest means in my power, to procure the articles which I may be directed to purchase, at the most reasonable rates; and that I will not charge the public with any advance on any purchases by me to be made; and that I will, in all things, conduct myself as becometh a faithful servant of the public.’ 18 “XLI.—That the Commissary and Deputy Commissary-General of Issues in each department, and every Issuing Commissary employed under them, shall take the said oath of fidelity, and the following oath or affirmation, viz: “ 'I do solemnly swear (or affirm) that I will faithfully receive, take the care of, and issue the provisions and other stores committed to my trust, and keep regular accounts, and make regular returns, agreeable to the resolutions of Congress, and oftener, if thereunto required by any superior officer having the right to order returns; and that I will, in all things, honestly demean myself as a faithful servant of the public.’ ” By a resolution passed on the 11th of June, the next day after the adoption of the new system, Congress directed that the Commissary- General of Purchases should “ keep his office in the place where Congress shall sit, and that he, or his clerk, constantly attend therein.” The functions of the Commissaries-General were further regulated by the following resolution of Congress, passed June 16, 1777: “Resolved, That the Commissary-General of Purchases be empowered to regulate the pay of drovers and butchers, and transmit such regula- tions to Congress. "That the Commissary-General of Issues, in like manner, be em- powered to regulate and transmit to Congress the pay of coopers, pack- ers, and other persons he may find necessary to be employed in such kind of services.” Congress, on the 18th of June, proceeded to the election of Commis- saries - General and Deputy Commissaries - General of Purchases and Issues; and the ballots having been taken and examined, the following persons were declared to be elected, viz: Joseph Trumbull, to be Com- missary-General of Purchases; William Aylett, William Buchanan, Jacob Cuyler, and Jeremiah Wadsworth, to be Deputy Commissaries-General of Purchases; Charles Stewart, to be Commissary-General of Issues; and William Green Mumford, Matthew Irwin, and Elisha Avery, to be Deputy Commissaries-General of Issues. The following form of commission for officers of the two new depart- ments, to be filled up according to their respective grades, was reported by the Board of War, and adopted by Congress on the 2d of July: “IN CONGRESS. “The delegates of the United States of New Hampshire, Massachu- setts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to “We, reposing special trust and confidence in your patriotism, con- duct, and fidelity, do, by these presents, constitute and appoint you to be in the Army of the United States, raised for the defence of American liberty, and for repelling every hostile invasion thereof: 19 You are, therefore, carefully and diligently to discharge the duty of , by doing and performing all manner of things thereunto belonging. And you are to observe and follow such orders and direc- tions, from time to time, as you shall receive from this, or a future Con- gress of the United States, or committee of Congress for that purpose appointed, or Commander-in-Chief for the time being of the Army of the United States, or any other your superior officer, according to the rules and discipline of war, in pursuance of the trust reposed in you. This commission to continue in force until revoked by this, or a future Con- gress. “Dated at “By order of Congress: “ , President.” “Attest: Two Deputy Commissaries-General—one in the purchasing depart- ment and the other in the issuing department—were authorized by Con- gress on August 1, 1777, for supplying the troops operating in the State of Georgia; and on August 6, James Hoe and John Bohun Garardeau were elected to fill the offices respectively. The resignation of Joseph Trumbull as Commissary-General of Pur- chases was received by Congress on the 2d of August, and on the 5th of that month William Buchanan was elected to fill the vacancy.* * The new regulations were unsatisfactory to Commissary-General Trumbull, and on the 19th of July, 1777, he wrote a letter to Congress asking that his successor might be designated at an early day. In stating his reasons for this action, he said : “In my humble opinion the head of every department ought to have control of it.”" In this establishment, an imperium in imperio is created. If I consent to act, I must be at continual variance with the whole department, and of course be in hot water. I must turn accuser, and be continually applying to Congress, and attending with wit- nesses to support my charges: or, must sit down in ease and quiet, let the Deputies do as they like, and enjoy a sinecure. The first situation I cannot think of; the last I never will accept. It never shall be said that I was the first American pensioner. I am willing to do and suffer for my country, and its cause ; but 1 cannot sacrifice my honor and my principles. I can by no means consent to act under a regulation which, in my opinion, will never answer the purpose intended by Congress, nor supply the Army as it should be. “I must beg Congress to appoint some person in my place as soon as may be; until then I will continue to furnish the Army as heretofore.” Col. Trumbull, after the acceptance of his resignation as Commissary-General of Purchases, was appointed by Congress one of the commissioners of the Board of War, and held that important office until April 18, 1778, when he resigned, on account of ill health. He died on the 23d of July, 1778. On the 31st of March, 1779, a com- mittee of Congres, composed of Richard Henry Lee, of Virginia, I)r. Josiah Bartlett, of New Hampshire, Oliver Ellsworth, of Connecticut, and Samuel Adams, of Massa- chusetts, to whom the subject had been referred, brought in a report on his services as Commissary-General, of which the following is an extract: *1 That it appears to your committee that the late Commissary-General, Joseph Trumbull, coming into office in the earliest stage of the American contest, found him- self without a system by which to trace the plan of his duty; that with great care, industry, labor, and attention, he instituted a plan by which the Army, during his continuance in office, was amply supplied, with much economy, and to the general satisfaction.” Congress, after the adoption of this highly eulogistic report, in consideration of Col. Trumbull's distinguished services as therein set forth, voted to his heirs a liberal commission on the sums disbursed by him during his commissariate. 20 Congress, on August 6, 1777, proceeded to the election of officers to fill vacancies in the Commissary’s Department. Ephraim Blaine was elected Deputy Commissary-General of Purchases, vice Buchanan; Archibald Stewart, Deputy Commissary-General of Issues, vice Hoops, resigned •, and James Blicker, Deputy Commissary-General of Issues, vice Avery, resigned. An additional Deputy Commissary-General of Issues was authorized for the Eastern Department, and Samuel Gray elected to fill the office. On the 11th of August Veter Colt was elected Deputy Commissary- General of Purchases, vice Jeremiah Wadsworth, resigned. On January 14, 1778, the following resolution was passed by Congress: “Resolved, That the Commissary’s system he referred to a committee of three, and that they he directed to revise the same, and to report such alterations therein as they shall deem best calculated to answer the end of its institution. The members chosen: Mr. Clark, Mr. J. B. Smith, and Mr. Gerry.” The committee made their report on the 24th of February, which was then taken into consideration, and, after some progress had been made thereon, it Was resolved that its further consideration he postponed until Thursday the 26th. Final action was not taken upon the report, how- ever, until the 13th of March, as appears from the following extract from the journal for that day: “ Congress resumed the consideration of the report of the committee appointed to revise the system of the Commissary’s Department: Whereupon— “Resolved, That a Commissary-General of Purchases he appointed, with full powers to depute or remove any officer of the Department: “ That each Assistant Purchasing Commissary shall receive the follow- ing allowances for purchasing provisions and other articles, viz: “Flour or meal, per cwt., 6-90ths of a dollar; hard bread, per cwt., 8-90ths of a dollar; salt pork in barrels, per cwt., 24-90ths of a dollar; fresh beef, hide, and tallow, per cwt., 24-90ths of a dollar; salt beef in barrels, per cwt., 24-90ths of a dollar; salt, per bushel, 6-90ths of a dollar; molasses, per gallon, 3-90ths of a dollar; West India rum, per gallon, 3-90ths of a dollar; American rum or whisky, per gallon, 3-90ths of a dollar; rice, per cwt., 6-90ths of a dollar; meat barrels, for packing beef, pork, or fish, each, 4-90ths of a dollar; bread casks with lining hoops, each, 3-90ths of a dollar; vinegar, per barrel, 3-90ths of a dollar; turnips and potatoes, per bushel, 4-90ths of a dollar; beans and peas, per bushel, 6-90ths of a dollar; pickled shad, per barrel, 12-90ths of a dollar; onions, per bushel, 5-90ths of a dollar: “ That each Assistant Purchasing Commissary shall be allowed ten per cent, on the sum which he shall save by purchasing good provisions at less prices than such as are fixed in the respective States: 21 “That it shall he the duty of each Deputy Commissary-General of Purchases to superintend the assistant purchasers under him; see that the business of his Department is properly conducted; and that full sup- plies of provisions are seasonably procured in his district; and that he shall be entitled to an allowance equal to one-fifth part of the whole allowance made to his assistants, as aforesaid. “ Resolved, That it shall be the duty of the Commissary-General of Purchases to superintend all the officers of his Department; to give the necessary orders to the Deputy Commissaries-General, and see that the business in each department is properly executed; and that full supplies of provisions for the Army are seasonably procured; and that he shall be entitled to an allowance equal to one-third of the whole allowance made to his Deputy Commissaries-General, as aforesaid: “ That the allowances herein provided for the Commissary and Deputy Commissaries-General, and Assistant Commissaries, shall be in lieu of all other rewards for their respective services and expenses, including the pay of their clerks, in purchasing provisions. “That the Commissary-General be directed to visit the armies and posts, and that he be subject to the orders of the Commander-in-Cliief; and that he be excused from residing at the place where Congress sits, he keeping a clerk and office there, to which all returns shall be made, and which shall be under the inspection and driection of the Board of War. “That the Commissary-General, Deputy Commissary-General, and Assistant Commissaries of Purchases, govern themselves in all other respects by the regulations for the Commissary’s system, passed in Con- gress the 10th day of June last, and the subsequent resolutions of the 4th of October last, except such parts thereof as are altered by these regulations.” On the 30th of March, 1778, Congress appointed a committee of four, consisting of Messrs. Gerry, Clark, Lee, and Dyer, to confer with Col. Jeremiah Wadsworth, and “inquire whether he would undertake the office of Commissary-General of Purchases.”* Col. Wadsworth consented to accept the office, and on the 9th of April was duly elected by Congress. After conference with Col. Wadsworth, Congress, on the 14th of April, passed a resolution further regulating the Purchasing Department. All money from the Treasury for the service of the Department was required thereafter to be received by the Commissary-General, or his clerk at the office of general returns, by warrant, and distributed to the several Deputy Commissaries-General, the latter to distribute to the Purchasing Commis- saries in their respective districts. In lieu of the percentage allowed as compensation for services, by the resolution passed March 13, 1778, the Commissary-Geueral was allowed one-lialf per cent, on all sums trans- ferred by him to the Deputy Commissaries-General; the Deputy Com- * It is presumed that Commissary-General Buchanan had resigned. 22 missaries-General, one-half per cent, on all sums by them transferred to the Purchasing Commissaries in their respective districts; and the Pur- chasing Commissaries, two per cent, on their respective disbursements. Money for the use of the Commissary-General’s Department was author- ized to he transmitted from the Commissary-General’s office to the respective Deputy Commissaries-General, and expresses sent on the business of that Department at the expense of the United States. It was recommended to all State Governments to exempt from militia duties all persons who were bona fide engaged in the Commissary-General’s Department. The Commissary-General was authorized to appoint an Assistant Commissary-General to reside at the headquarters of the Army, under the orders of the Commander-in-Chief, at a salary of five dollars per day, two rations for himself, and one for his servant, and forage for two horses, which were also to be shod at the expense of the United States. The Commissary-General, Deputy Commissaries-General, and Purchasing Commissaries, respectively, were required to provide teams and drivers for transporting provisions, at the expense of the United States, when teams and drivers for such service could not in time he obtained from the Quartermaster-General’s Department. It was made the duty of the Commissary-General to assign the Purchasing Commis- saries to their respective districts for the sphere of their purchases. Purchasing Commissaries were prohibited from making any purchases outside of their respective districts, or from giving any encouragement to bringing therein any commodities from any other Purchasing Commis- sary’s district, unless authorized by the Commissary-General, or the Deputy Commissary-General in charge of the district. All persons in the Commissary-General’s Department were required to take "bills of parcels” for all articles purchased by them respectively, receipts for all moneys paid, and receipts for all stores transferred, to he produced as vouchers to their returns and accounts. Purchasing Commissaries were required to make monthly returns to the Deputy Commissaries-General of their respective districts of their purchases, and the prices paid, and to settle their accounts once in six months. The Deputy Commissaries- General were required to make up their returns, and send them to the Commissary-General’s office every two months, and to settle their accounts as often as required to do so by the Commissary-General. The Commissary-General was required to render to Congress an account of his receipts and expenditures every three months; and every nine months a report of the state of the general returns of his Department; and it was further required to render such account, and report at such other times, 23 as Congress should require. All former regulations of Congress relative to the Department of the Commissary-General of Purchases in conflict with the foregoing were repealed. After the adoption of the regulations above sketched, Congress took no action materially affecting the Departments for supplying provisions until November 25, 1779, when the following resolution was passed, transferring the supervision of these Departments, as well as that of the Quartermaster-General, from a committee of Congress to the Board of War: “Resolved, That the Departments of the Quartermaster-General, and of the Commissaries-General of Purchases, and Issues, he, for the future, under the superintendency and direction of the Board of War; and that the committee of Congress on those Departments deliver over to the Board of War all papers in their hands respecting them, and thereupon be discharged.” The Board of War consisted of five commissioners, two of whom were members of Congress. Three commissioners constituted a quorum for the transaction of business. The functions of the Board were similar to those subsequently conferred upon the Secretary of War. Commissary-General Wadsworth sent his resignation to Congress early in June, 1779. Upon its receipt, June 7, 1779, Congress passed a com- plimentary resolution expressing full confidence in his integrity and ability, and directing that he be informed that at so critical a season as the opening of a campaign, sudden changes in the appointment of prin- cipal officers of his Department would be inexpedient and dangerous; and that Congress, therefore, declined to accept his resignation. On the 30th November, the matter was again taken up, and Commissary-General Wadsworth granted leave to resign his office on the 1st day of January, 1780. Ephraim Blaine, of Pennsylvania, then a Deputy Commissary-General of Purchases, an officer who had had large experience in the Department, having entered the service as Commissary of Col. Mackay’s battalion, on the 17th of October, 1776, was, on the 5th of November, 1779, elected Commissary-General of Purchases, to fill the vacancy made by Commis- sary-General Wadsworth’s resignation. A resolution was passed on the 1st of January, 1780, giving the Com- missary-General, instead of a percentage on moneys disbursed, a fixed salary of forty thousand dollars per annum, six rations per day, and forage for four horses. Paper currency was then greatly depreciated, and the allowance of Purchasing Commissaries was fixed, by the same resolution, at two per cent, on twenty-fold the prices at which articles 24 purchased by them were sold at in the year 1774. The salary of the Assistant Commissary-General at the headquarters of the Commander-in- Chief was fixed, hy a resolution passed January 7,1780, at ten thousand dollars per annum, two rations per day, and forage for one horse. The Department of Purchases was reorganized hy the following reso- lution of Congress, passed November 30, 1780: “Resolved, That there be a Commissary-General of Purchases, whose duty shall be to purchase provisions under the direction of Congress, the Commander-in-Chief, or Board of War; to call upon the principal State agents, or commissioners, for such supplies as their respective legislatures shall make provision for, and to keep up a regular correspondence with them, to the end that their prospects of furnishing such supplies may he fully known; of which correspondence he shall keep a fair and correct register, as well as of every other official transaction; to direct the quan- tities and species of provisions to be stored in the magazines of the several States, under the orders of the Commander-in-Chief, and cause the same to be forwarded to the Army, as occasion may require; for which purpose he is hereby empowered to call on the Quartermaster-General, and the Deputy Quartermasters, for the means of transportation; to make monthly returns to the Commander-in-Chief, and Board of War, of all persons employed by him, specifying for what time and on what terms; and of all provisions received in each month, from whom, from what State, and the quantities delivered to the Issuing Commissaries, their names, and at what posts; also of all provisions remaining on hand, at what magazines, and in whose care; the returns to be made up to the last day of each month, and forwarded as soon after as may be; to cause all his accounts with the United States to be closed annually, on the 1st day of January, and laid before the Board of Treasury, for settlement, by the 1st day of March ensuing. “That there he a Deputy Commissary of Purchases for the Southern Army, appointed by the Commissary-General, whose duty shall be the same, with respect to that army, as that of the Commissary-General with the main army; he shall make his returns to the commanding oflicer of the Southern Army, and to the Commissary-General, to whom he shall he responsible. “The Commissary-General and Deputy Commissary shall each appoint one Assistant Commissary, one superintendent of live stock, two clerks, and as many butchers, coopers, drovers, and laborers as may be neces- sary for conducting the business of the Department, and shall have power to fix the pay of the butchers, coopers, drovers, and laborers, subject to the control of the Board of War. “That the pay of the several officers in the Department be in the bills emitted in pursuance of the resolution of the 18th day of March last, as follows : “The Commissary-General, $177 per month, 3 rations for himself and servants, and forage for 2 horses. Deputy Commissary, $125 per month, 2 rations for himself and servant, and forage for 2 horses. “Assistant Commissaries, $75 per month, 2 rations, and forage for 1 horse. 25 “Superintendent of live stock, $50 per month, 1 ration, and forage for 1 horse. “Clerks, $40 per month and 1 ration.” By a resolution of the same date as the above, Commissary-General Blaine was continued in office under the new organization. The resolution establishing the new organization was supplemented by the following resolution, passed December 4, 1780: “Resolved, That no officer of the line of the Army of the United States, without express authority from Congress for that purpose, make any contract or bargain, or give any orders, for the purchase of articles, for the use of the troops, in the Departments of the Clothier-General, Quar- termaster-General, or Commissary-General of Purchases, except in cases of necessity for provisions and forage for detachments or parties, in places where the same cannot be drawn from the public stores or magazines.” There was no further legislation affecting the Departments for pur- chasing and issuing provisions to the Army, until June 28, 1781, when Congress passed the following order: “Ordered, That a committee of three be appointed to devise the proper mode of transferring to the Superintendent of Finance the business of the several Boards and Departments to which the institution of his office ex- tends, in order that the said Boards and Departments may be discontinued as soon as the situation of affairs will admit.” By the following resolution of Congress, passed July 10,1781, the duties of the Commissariat were, upon the report of the Board of War, trans- ferred to the head of the Treasury Department, who was then styled Superintendent of Finance: “Resolved, That the Superintendent of Finance be, and he is hereby authorized, either by himself or such person or persons as he shall, from time to time, appoint for that purpose, to procure, on contract, all necessary supplies for the Army or Armies of the United States, and also for the Navy artificers, or prisoners of war, and also the transportation thereof; and all contracts or agreements heretofore made, or which shall be hereafter made, by him, or persons under his authority, for the purposes aforesaid, are hereby declared to be binding on the United States.” The British forces under the command of the Earl of Cornwallis sur- rendered to General Washington, at Yorktown, Virginia, on the 19th of October, 1781, and this, in effect, ended the war. On the 20th of April, 1782, the Superintendent of Finance wrote a letter to Congress recommending the appointment of an officer to be designated Intendant of the Army, which was referred to a committee consisting of Mr. Clark, Mr. Bland, and Mr. Osgood, who brought in their report on the 6th of May. After some progress had been made thereon, the fur- ther consideration of the report was postponed until the next day, when 26 it was again taken up and disposed of by the passage of a resolution authorizing the Superintendent of Finance to appoint two Inspectors— one for the main, and the other for the Southern Army—whose duties should be to take care that the contracts for supplying rations be duly executed by the contractors; to supervise the expenditures of public prop- erty, and report any fraud, neglect of duty, or other misconduct by which the public property was wasted, or expense unnecessarily accumulated. The office of Superintendent of Finance was abolished by the ordinance of Congress, entitled “An ordinance for putting the Department of Finance in commission,” passed May 28, 1784. This ordinance created a board of three commissioners, (styled the Board of Treasury,) to be appointed by Congress, to superintend the Treasury and manage the finances of the United States This ordinance transferred to this board all the duties of the Superintendent of Finance, including, of course, the furnishing of supplies to the Army, which duty, already very light, on account of the reductions made in the Army after the surrender of Cornwallis at York- town, was rendered nominal by the legislation of June 2 and 3, 1784, which virtually disbanded the Army. The resolution of June 2 was as follows: “Resolved, That the commanding officer be, and he is hereby, directed to discharge the troops now in the service of the United States, except 25 privates to guard stores at Fort Pitt, and 55 to guard the stores at West Point and other magazines, with a proportionate number of officers; no officer to remain in service above the rank of a Captain, and those privates to be retained who were enlisted on the best terms.” On the next day, June 3, an additional force of 700 militia, to serve for twelve months, was authorized to be raised “for the protection of the northwestern frontiers, and for guarding the public stores.” The Army of the United States, under this legislation, consisted of 80 regulars and 700 militia; total, 780. By the ordinance, entitled “An ordinance for ascertaining the powers and duties of the Secretary of War,” passed January 27, 1785, it was made the duty of the Secretary of War to form estimates for all military stores, equipments, and supplies requisite for the military service; and for keeping up magazines, and to report the same to the Commissioners of the Treasury of the United States, that measures might be taken, in due time, for procuring tbe same. The term of service @f the additional force of 700 militia, raised under the authority of the resolution of June 3, 1784, being about to expire, Congress, on the 7th of April, 1785, passed a resolution authorizing the raising of a force of 700 men. A resolution passed on April 12, 1785, 27 besides designating the States which should furnish the troops to be raised under the resolution of April 7, and fixing the number and rank of the officers, contained the following provisions: “That the Secretary of War he directed to form said troops, when raised, into one regiment, consisting of eight companies of infantry, and two of artillery, to appoint their places of rendezvous, direct their subse- quent operations, and make all other inferior necessary arrangements not herein particularly mentioned, subject to the order of Congress, and of the Committee of the States, in the recess of Congress; and that the Commissioners of the Treasury he instructed to furnish, on his warrant, the sums necessary for carrying the same into effect. “That the Secretary of War ascertain the necessary clothing and rations proper for the troops, and report the same to Congress. “That the Commissioners of the Treasury contract for the supply of rations at such places and in such quantities as the Secretary of War shall judge necessary.” The journals of Congress for 1785 fail to show what action was taken on the report of the Secretary of War, made in obedience to the second paragraph of the extract from the resolution of April 12, 1785, above quoted, but the nature of the report and the action taken thereon are sufficiently shown by the following extract from the report of a committee of Congress, submitted on the 2d of October, 1788: “ The committee, consisting of Mr. Howard, Mr. Few, Mr. Dayton, Mr. Gilman, and Mr. Carrington, appointed to make full inquiry into the proceedings in the Department of War, beg leave to report, and present to the view of Congress a summary statement of the various branches of the Department of War: “6th. Of the mode in which the troops are furnished with provisions. “In the year 1785, Mr. James O’Harra made a contract with the Board of Treasury for furnishing the several posts on the frontiers with rations, which were to consist of— One pound of beef, or three-quarters of a pound of pork. One pound of bread or flour. One gill of common rum. One quart of salt, Two quarts of vinegar, Two pounds of soap, One pound of candles, > for every 100 rations. “ The prices of which, at the several posts where the troops were actually stationed, were as follows: At Fort Pitt, M’Intosh, Harmar, • 13^-ninetieths of a dollar. “ The contract was performed tolerably well; some complaints were made respecting particular posts, but the defects were perhaps insepara- bly connected with the state of the frontiers and of public affairs. “ In 1786 a contract was formed by the Board of Treasury for the same objects with Messrs Turnbull, Marmie & Co., the articles of the ration to consist of the same as the preceding, arid the prices thereof— At Fort Pitt, lOJ-ninetieths of a dollar. 28 “There were some stipulations for payment by warrants on the State of Pennsylvania, which were paid in the paper currency by the said State when greatly depreciated. This contract was illy executed, and the mode of payment was assigned by the contractors as the reason. “In 1787 contract was formed by the Board of Treasury with Mr. James O’Harra, at the prices herein stated : Fort Pitt, 9J-ninetieths of a dollar. M’Intosh, 10 J ditto. Harmar, 11J ditto. Rapids of the Ohio, of a dollar. Venango, 14 ditto. “This contract was better executed than any of the former. The pay- ments were generally made in warrants on New Jersey, Pennsylvania, and Maryland. “A new contract has been formed, to take effect from the 1st of July of the present year, to the end of the year 1789, by Messrs Elliot and Williams, of Maryland, at the following prices. The terms of payment, by warrant on Maryland: Fort Pitt, 7-ninetieths of a dollar. M’Intosh, the same. Harmarjhe same. Rapids of the Ohio, 7-J-ninetieths of a dollar. Post Vincennes, 16 ditto. Venango, 9 ditto. There was no further legislation touching subsistence of the Army until after the organization of the Government under the Constitution. M’Intosh, } Harmar, j ditto. CHAPTER II. From March 4, 1789, to March 4, 1815. By the first section of the act of the 1st Congress, entitled "An act to establish an Executive Department, to he denominated the Department of War,” approved August 7, 1789, it was provided that there should be "an Executive Department, to be denominated the Department of War,” and there should be a principal officer therein, who should he called the "Secretary of War,” who should "perform and execute such duties as shall, from time to time, be enjoined on, or entrusted to, him by the President of the United States, agreeably to the Constitution, relative to * * * warlike storeSof the United States, or to such other matters respecting military or naval affairs, as the President of the United States shall assign to said Department.” Although this act empowered the President to entrust to the Secretary of War the duty of furnishing the Army with "warlike stores,” which, of course, included subsistence supplies, a contract was nevertheless made by the Secretary of the Treasury "for the supplies of the Army, on the route from Fort Pitt,” as late as October 28,1790. A few months later, however, the discretionary power given to the President, to entrust to the Secretary of War the very appropriate duty of procuring “warlike stores,” seems to have been exercised; for on April 26,1791, the Secretary of War entered into a contract with William Duer, "for supplying the troops with provisions until their arrival at Fort Pitt.” The first legislation relative to the Army ration, after the organization of the Government under the Constitution, is found in section 10 of the act entitled "An act regulating the Military Peace Establishment of the United States,” approved April 30, 1790, which was as follows: " That every non-commissioned officer, private, and musician aforesaid, shall receive, daily, the following rations of provisions, or the value thereof: One pound of beef, or three-quarters of a pound of pork; one pound of bread or flour; half a gill of rum, brandy, or whisky, or the value thereof, at the contract price where the same shall become due; and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations.” By section 5 of the act of May 8, 1792, making alterations in the Treasury and War Departments, the duty of making "all purchases and 29 30 contracts for supplying the Army with provisions, clothing, supplies in the Quartermaster’s Department, military stores, Indian goods, and all other supplies or articles for the use of the Department of War,” was again devolved upon the Treasury Department. On the 7th of January, 1794, President Washington sent a message to Congress strongly recommending the appointment of “an officer [to be styled Purveyor of Public SuppliesJ particularly charged, under the direction of the Department of War, with the duties of receiving, safe- keeping, and distributing the public supplies, in all cases in which the laws and the course of service do not devolve them upon other officers, and also with that of superintending, in all cases, the issues in detail of supplies,- with power, for that purpose, to bring to account all persons entrusted to make such issues, in relation thereto.” This message was referred, by the House of Representatives, to a select committee, who, on the 19th of February, 1794, brought in a report recommending the prepa- ration of a bill for an act to establish the office, in accordance with the recommendations of the President. Notwithstanding this favorable pre- liminary action, the measure failed. The following section of the act of June 7, 1794, entitled “An act in addition to the 'Act for making further and more effectual provision for the protection of the frontiers of the United States/ ” invested the Presi- dent with discretionary power to direct, under special circumstances, a limited augmentation of some parts of the ration to be issued to troops serving on the frontiers: “Section 3.—And be it further enacted, That to such of the troops as are, or may be, employed on the frontiers, and under such special circum- stances as, in the opinion of the President of the United States, may require an augmentation of some parts of their rations, the President be authorized to direct such augmentation as he may judge necessary, not exceeding four ounces of beef, two ounces of flour, and half a gill of rum or whisky, in addition to each ration, and half a pint of salt to one hundred rations.” On December 11, 1794, the President sent a message to Congress, transmitting a communication from Hon. Alexander Hamilton, Secretary of the Treasury, dated December 2,1794, recommending the appointment of an officer in the Treasury Department, under the title of “ Purveyor of Public Supplies,” whose duty should be to procure military supplies, under section 5 of the act of May 8, 1792; Mr. Hamilton stating that this branch of the public business formed a very considerable one of the public expenditure, and that the particular arrangement for conducting it should be such as to enable the Department to execute the trust in the best 31 manner. An act was passed accordingly, on the 23d of February, 1795, creating “ in the Department of the Treasury an officer to be denominated ‘Purveyor of Public Supplies/” whose duties should be, under the direc- tion and supervision of the Secretary of the Treasury, to conduct the procuring and providing of all arms, military and naval stores, provisions, clothing, Indian goods, and generally all articles of supply requisite for the United States. This officer, it will be observed, had entirely different functions from the one proposed in President Washington’s message of 1794. All laws relating to the ration were repealed by the act March 3,1795, and the ration re-established by sections 8 and 9 of said act, which were as follows: “Section 8.—That every non-commissioned officer, private, and musician shall receive, daily, the following rations of provisions, to wit: One pound of beef, or three-quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy, or whisky; and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every one hundred rations, or the value thereof, at the contract price, where the same shall become due; and if, at such post, supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question. “Section 9.—That to those in the military service of the United States who are, or shall be, employed on the western frontier, there shall be allowed, during the time of being so employed, two ounces of flour or bread, and two ounces of beef or pork, in addition to each of their rations, and a half pint of salt in addition to every hundred of their rations.” The effect of this legislation was to allow increased latitude in com- muting the component parts of the ration for money; to reduce somewhat the augmentation of the ration for troops serving on the western frontiers; and to make the augmented ration, which had been originally established for issue under “special circumstances” only, a regular issue to all troops serving on the western frontiers. The ration was next made a subject of legislation in the act approved May 30, 1796, entitled “An act to ascertain and fix the Military Estab- lishment of the United States.” This legislation, however, only repealed so much of section 8 of the act approved March 3, 1795, as made the components of the ration commutable for money. The mode of furnishing the Army with subsistence supplies remained unchanged until 1798. There were then grave apprehensions of a war with France, and Congress, apparently conscious of the inherent weak- ness of a military system so organized that the War Department did not 32 have unrestricted control of the procurement of its own supplies, restored to that Department this very essential function. The restoration was accomplished by sections 3, 4, and 5 of the act approved July 16, 1798, entitled “An act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.” The sections were as follows: “ Section 3.—And be it further enacted, That all purchases and con- tracts for supplies or services, for the military and naval service of the United States, shall be made by, or under the direction of, the chief officers of the Departments of War and the Navy, respectively, and all agents or contractors for supplies or services, as aforesaid, shall render' their accounts for settlement to the Accountant of the proper Department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury, in the manner before prescribed. “ Section 4.—And be it further enacted, That it shall be the duty of the Purveyor of Public Supplies to execute all such orders as he may, from time to time, receive from the Secretary of War or Secretary of the Navy, relative to the procuring and providing of all kinds of stores and supplies; and shall render his accounts relative thereto to the Accountants of the proper Departments, which accounts shall be subject to the inspec- tion and revision of the officers of the Treasury, as aforesaid. “Section 5.—And be it further enacted, That the provisions of the act, passed on the eighth day of May, one thousand seven hundred and ninety-two, entitled, ‘An act making alterations in the Treasury and War Departments,’ and the act passed on the twenty-third day of February, one thousand seven hundred and ninety-five, entitled, 'An act to establish the office of Purveyor of Public Supplies,’ so far as the same are repugnant to the provisions of this act, be, and the same are hereby, repealed.” By the following section of the act of July 16, 1798, entitled “An act to augment the Army of the United States, and for other purposes,” the ration was very considerably increased: “ Section 6.— * * * That every non-commissioned officer, private, and musician shall receive, daily, the following rations of pro- visions, to wit: One pound and a quarter of beef, or three-quarters of a pound of pork; eighteen ounces of bread or flour; a gill of rum, brandy, or whisky; and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations.” By section 19 of the act, entitled “An act for the better organizing of the troops of the United States, and for other purposes,” approved March 3, 1799, all laws relating to the ration were again repealed, and a slightly improved ration was established, as follows: “ That a ration of provisions shall henceforth consist of eighteen ounces of bread or flour, or, when neither can be obtained, one quart of rice, or 33 one and a half pounds of sifted or bolted Indian meal; one and a quarter pounds of fresh beef, or one pound of salted beef, or three-quarters of a pound of salted pork; and when fresh meat is issued, salt at the rate of two quarts to every one hundred rations; soap, at the rate of four pounds, and candles, at the rate of one and a half pounds for every one hundred rations: Provided always, That there shall be no diminution of the ration to which any of the troops now in service may be entitled by the terms of their enlistment.”* This ration was supplemented by section 22 of the same act, as follows: “That it shall be lawful for the Commander-in-Chief of the Army, or the commanding officer of any separate detachment or garrison thereof, at his discretion, to cause to be issued, from time to time, to the troops under his command, out of such supplies as shall have been provided for the purpose, rum, whisky, or other ardent spirits, in quantities not exceeding half a gill to each man per day, excepting in cases of fatigue-service, or other extraordinary occasions; and that whensoever supplies thereof shall be on hand, there shall be issued to the troops vinegar, at the rate of two quarts to every hundred rations.” By section 3 of the act approved March 16.1802, entitled “An act fixing the Military Peace Establishment of the United States,” it was provided that there should be “three Military Agents, and such number of Assistant Military Agents as the President of the United States shall deem expe- dient, not exceeding one to each military post; which assistants shall be taken from the line.” The duties of the Military Agents were defined by section 17 of the same act, as follows: “ That it shall be the duty of the Military Agents, designated by this act, to purchase, receive, and forward to their proper destination, all military stores and other articles for the troops in their respective depart- ments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the Department of War. They shall account with the Department of War, annually, for all the public property which may pass through their hands, and all the moneys which they may expend in discharge of the duties of their offices, respectively; previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them, and shall take an oath faithfully to perform the duties of their respective offices.” Section 5 of the above-mentioned act provided for the “daily subsist- ence” of laundresses, hospital matrons, hospital nurses, and officers’ servants, as follows: * This proviso refers to troops enlisted for service on the western frontiers, with the understanding that they were to receive the extra allowances authorized by section 11 of the act approved May 30, 1796. 34 “To the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration.” The ration was again modified by section 6 of this act, which was as follows: “That each ration shall consist of one pound and a quarter of beef, or three-quarters of a pound of pork; eighteen ounces of bread, or flour; one gill of rum, whisky, or brandy; and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations.”* The ration as above established was modified by section 2 of the act of March 26, 1804, in so far as to provide “ That an equivalent in malt liquor, or low wines, may be supplied the troops of the United States, instead of the rum, whisky, or brandy, which by the said act is made a component part of a ration at such posts and garrisons, and at such seasons of the year, as in the opinion of the President of the United States may be necessary for the preservation of their health.” The Military-Agency system proved to be very defective and ineffi- cient, even in time of peace. The Military Agents had no military rank, while their subordinates, the Assistant Military Agents, were all com- missioned officers “taken from the line.”, In an official report, dated January 1, 1810, to Hon. W. B. Giles, Chairman of the Senate Commit- tee on Military Affairs, the Secretary of War, Hon. William Eustis, described the defects of the system in the following language: “The result of this organization is, that the Assistant Military Agents, who account for, and make returns to, the Military Agents, of all prop- erty delivered to them, are not held by a proper responsibility—the Military Agents having no power or influence in their appointment, nor authority to call them to account for malpractices or neglect of duty.” Notwithstanding the report of Secretary Eustis, showing that this system was radically faulty, in not having within itself the power to enforce a proper accountability for the public property, and thereby afford the Government adequate security against embezzlements, avoid- able losses, etc., no action was taken upon the subject, by Congress, until 1812. Complications had then arisen between us and Great Bri- tain of so serious a character that Congress deemed it prudent to make preparation for war. Acts were passed early in that year, providing for an increase in the military force; and, on the 28th of March, an act was approved which materially changed the system of procuring *This section was re-enacted in section 8 of the act of January il, 1812, entitled “An act to raise an additional Military Force.” 35 and distributing Army supplies. The Quartermaster’s Department was re-established; a Purchasing Department was created; the office of Purveyor of Public Supplies was abolished; and provision made for the ultimate discontinuance of the Military-Agency system. The Quartermaster’s Department, as re-organized by this act, consisted of a Quartermaster-General, with the rank of brigadier-general; four Deputy Quartermasters, and as many Assistant Deputy Quartermasters, as in the opinion of the President of the United States the public sei’vice might require. The President was also authorized to appoint such additional number of Deputy Quartermasters, not exceeding four, to be taken from the line or not, at his discretion, as in his judgment the public service might require. The sections of the act establishing the Purchas- ing Department, and providing for the discontinuance of the office of Purveyor of Public Supplies and the Military-Agency system, were as follows: “ Section 4.—That there shall be a Commissary-General of Purchases, and as many Deputy Commissaries as, in the opinion of the President of the United States, the public service may require, to be appointed by the President, by and with the advice and consent of the Senate. “ Section 5.—That it shall be the duty of the Commissary-General of Purchases, under the direction and supervision of the Secretary of War, to conduct the procuring and providing of all arms, military stores, clothing, and generally all articles of supply requisite for the military service of the United States; and it shall be the duty of the Deputy- Commissaries, when directed thereto, either by the Secretary of War, the Commissary-General of Purchases, or, in case of necessity, by the Com- manding General, Quartermaster-General, or Deputy-Quartermasters, to purchase all such of the aforesaid articles as may be requisite for the military service of the United States. “ Section 9.—That from and after the last day of May next, so much of the act, entitled 'An act to establish the office of Purveyor of Public Supplies,’ as relates to the appointment and services of a Purveyor of Public Supplies, be, and the same is hereby, repealed; and in the mean- time the Purveyor shall deliver over to the Commissary-General, or one of his Deputies, the public stores and property of all sorts in his posses- sion, who shall receipt to him for the same. "Section 18.—That this act shall go into operation on the 1st day of April next; and that so much of the act fixing the Military Peace Estab- lishment of the United States, as respects the appointment of Military Agents and Assistant Military Agents, be, and the same is hereby repealed, from and after that day; but all those Agents shall continue to perform their respective duties in the meantime, and until the Deputy and Assist- ant Deputy Quartermastei’s shall be appointed, and ready to enter on the execution of their respective offices; to whom the said Military Agents and Assistant Military Agents shall then deliver all the public stores and property in their possession.” 36 The new system thus instituted was undoubtedly a great improvement on its predecessor, but a campaign experience of eleven months clearly demonstrated, as the following extracts from official reports attest, that it could not be relied on to stand the crucial test of a protracted war. Brig.-Gen. Alexander Smyth to the Secretary of War. “Near Buffalo, October 20, 1812. “ Do not rely on the contractor for provisions. He has no salt meat, and only damaged flour. If you have any compassion on the service, send money either to Lieutenant Allison, my Brigade Quartermaster, or to some public agent under my orders. Without it we cannot supply the contractor’s deficiencies.” Brig.-Gen. Smyth to Maj.-Gen. Dearborn. “Camp near Buffalo, October 24, 1812. “I do not expect the contractor to supply us with provisions. I re- ceived a number of returns at Lewistown, ‘unfit for duty for want of provisions.’ ” Same to Same. “Camp near Buffalo, November 9,1812. “The contractors have failed to supply, and I have ordered purchases of provisions for Fort Niagara ” Col. W. H. Winder to Brig.-Gen. Smyth. “Fort Niagara, November 7, 1812. “We are literally starving on this end of the line for bread; and, unless the supply is more abundant, the contractors will be answerable for con- sequences more fatal to their country than treason.” Brig.-Gen Smyth to Capt. James Thomas, Deputy Quartermaster. “Headquarters, Camp near Buffalo, November 8, 1812 “Sir: You will proceed, on the day on which you receive this ord to purchase provisions for Fort Niagara; into which, within ten < you will deliver rations for five hundred men for two months. 37 “Be pleased to consider this order as one of the most peremptory kind. Fort Niagara, if invested a week, must surrender from hunger. “ Very respectfully, your most obedient, “ALEXANDER SMYTH, “Brigadier- General Commanding. “Capt. Thomas, Deputy Quartermaster.” “A true copy: “JAMES BANKHEAD, “Captain and Brigade-Major.” Major Armistead to Brig.-Gen. Smytli, dated November 22, 1812. “If possible, dear sir, send on ammunition for eighteen and six-pound- ers, and fours; but my greatest concern is the want of provisions, which, if not supplied, we will inevitably have to evacuate the post.”* * * * # * Accordingly, on the 3d of March, 1813, an act was approved with the significant title, “An act better to provide for the supplies of the Army of the United States, and for the accountability of persons intrusted with the same.” This act provided that there should be an officer in the War Department, styled Superintendent-General of Military Supplies, whose duty should be, nnder the direction of the Secretary of War, to keep proper accounts of all the military stores and supplies of every descrip- tion purchased for or distributed to the Army of the United States, and the volunteers and militia in their service; to prescribe the forms of all the returns and accounts of such stores and supplies purchased, on hand, distributed, used, or sold, to be rendered by the Commissary of Ordnance and officers in his Department, by the Commissary-General of Purchases and his deputies, by the several officers in the Quartermaster’s Department, by the Regimental Quartermasters, by the Hospital Surgeons and other officers belonging to the Hospital and Medical Departments, and by all other officers, agents, or persons who should receive, distribute, or be intrusted with, such stores and supplies; to call to account all such persons; to audit and settle all such accounts, and, in case of delinquency, to transmit the account, and to state the value of the articles unaccounted for, by such delinquency, to the accounting officers of the Treasury, for final settlement and recovery of such value; to transmit all such orders? and, generally, to perform all such other duties respecting the general superintendence of the purchase, transportation, safe-keeping, and ac- countability of military supplies and stores, as should be prescribed by the Secretary of War. * Fort Niagara. 38 The duties and powers of the Secretary of War were, also, more clearly defined in section 5 of this act, as follows: “That the Secretary for the War Department shall he, and he is hereby; authorized and directed to define and prescribe the species, as well as the amount of supplies to be respectively purchased by the Commissary- General’s and Quartermaster-General’s Departments, and the respective duties and powers of the said Departments respecting such purchases; and also to adopt and prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the Regimental Quartermasters, and to such other officers as may, by virtue of such regulations, be intrusted with the same. And the Secretary aforesaid is also authorized to fix and make reasonable allowances for the store-rent, storage, and salary of storekeepers, necessary for the safe- keeping of military stores and supplies.” Lack of confidence in the ability of this new system (a system remark- able for its extreme simplicity of organization and overwhelming multi- plicity of duties) “to insure the subsistence of the Army,” was, however, very clearly implied in section 8 of the very act that created it, which, besides instituting other remedial measures, empowered the President, should he deem it expedient, to organize a separate and distinct corps, without limit as to the number of officers, for the purpose of supplying, by purchases or contract, and of issuing the whole or any part of the subsistence of the Army. The section was as follows: “Section 8.—That the President of the United States be, and he is hereby, empowered, as he may deem expedient, either to appoint, for the time being, a special Commissary or Commissaries, for the purpose of supplying by purchase or contract, and of issuing, or to authorize any officer or officers in the Quartermaster-General’s Department to supply and issue, as aforesaid, the whole or any part of the subsistence of the Army, in all cases where, either from want of contractors, or from any deficiency on their part, or from any contingency, such measure may be proper and necessary in order to insure the subsistence of the Army, or of any part thereof; and such special Commissaries shall each, whilst employed, be entitled to the pay and emoluments of a Deputy Quarter- master-General.” An exceedingly important step towards securing efficiency in the staff departments for supplying the Army was taken in the passage of an act approved on the same day as the above, March 3, 1813, entitled “An act for the better organization of the General Staff of the Army of the United States,” section 5 of which made it the duty of the Secretary of War to prepare general regulations better defining and prescribing the duties and powers of staff officers—general and regimental. These regulations, when approved by the President, were to be respected and obeyed, until altered or revoked by the same authority. It was also provided that the general regulations, thus prepared and approved, should be laid before Congress at the next session. These regulations defined the duties of the officers of the different staff corps and departments, and, to such extent as their faulty organization permitted, placed those departments which were charged with the impor- tant duty of furnishing the Army with supplies in an improved condition for efficiency. There was no further legislation affecting the mode of subsisting the Army until after the close of the war with Great Britain. The staff system as perfected by the acts of March 3, 1813, above referred to, therefore had a fair and exhaustive trial in actual war, and, as far as subsisting the Army was concerned, proved inefficient and unreliable. In the army (8th Military District) commanded by Major-General Harrison, there was such a scarcity of provisions, in the winter of 1813-14, due to the failure of the contractors to keep up an adequate supply, that officers of the United States were ordered to make purchases. The contractors were extremely indignant at this action, and alleged that General Harrison, in approving and ordering these purchases, had been prompted by improper motives, viz, sentiments of hostility to the con- tractors, and personal pecuniary gain. General Harrison, to vindicate himself from these aspersions upon his character, wrote a letter to Congress, dated December 20, 1815, and solicited “an inquiry into the expenditure of public money within the 8th Military District, whilst under his command; and particularly what- ever relates to the supplies of provisions purchased by the Special Com- missaries of the United States, and under the contract of Messrs. Orr and Greely.” The inquiry was made as requested, and, as will hereafter appear, resulted in General Harrison’s complete exoneration. In his statement, accompanying his request for an investigation of the charges set afloat by the contractors, General Harrison said: “Upon my return into the District, in January, 1814, Captain Oliver, the Commissary, waited on me, to inform me that he was then employed, under an order from Brigadier-General Cass, in purchasing provisions for the troops at Detroit, who were almost in a starving situation, in con- sequence of the neglect of the contractors to comply with General Cass’s requisitions. I approved of the order which had been given by General Cass, and his successor in the command of Detroit, Colonel Butler, and directed Captain Oliver to continue his exertions to execute them. I had scarcely disposed of this affair when I was alarmed by the intelligence received from Major-General Gano, of the Ohio Militia, to whom was en- trusted the defence of Lower Sandusky and Put-in Bay, at the latter of 39 40 which lay the prize ships taken from the enemy, that the troops at those places were supplied with provisions from hand to mouth, there being scarcely a barrel of flour in store, and that his utmost exertions to procure a supply from the contractors had been unavailing. The matter was so urgent that no time was to be lost. Captain Oliver was, therefore, in- structed to make a contract for the delivery of forty thousand rations at Lower Sandusky, with the utmost despatch; to make the best bargains he could for the interests of the contractors, but to give a price which would insure the delivery of the provisions. What else could have been done in the two cases mentioned ? Should I have countermanded the orders given by General Cass and Colonel Butler, by the execution of which alone the important posts of Detroit and Malden could be pre- served, or should I have permitted the enemy to retake the ships in har- bor at Put-in Bay, which would have enabled them again to contend for the superiority on the lakes, for fear I should deprive Mr. Orr of the opportunity of making three hundred thousand dollars instead of one hundred thousand?’’ The Select Committee of the House of Representatives, who made the inquiry into the conduct of General Harrison while commanding the Northwestern Army, after an exhaustive examination of the case, sub- •mitted the following report, justifying his action, and acquitting him of all charges made against him : "That they have investigated the facts involved in this inquiry by the examination of documents, and a great number of the most respectable witnesses personally acquainted with the transactions upon which the inquiry originated; and the committee are unanimously of the opinion that General Harrison stands above suspicion as to his having had any pecuniary or improper connection Avith the officers of the Commissariat for the supply of the Northwestern Army; that he did not Avantonly or improperly interfere Avith the rights of contractors; and that he Avas in his measures governed by a proper zeal and devotion to the public interest. The committee ask leave to be discharged from the further consideration of the subject; and, as the papers refer in part to the conduct and trans- actions of the contractors of the Northwestern Army, Avhose accounts are unsettled, and only incidentally involved in this inquiry, that the papers be transmitted to the Department of War.” On the 12th of November, 1814, the Committee on Military Affairs, of the House of Representatives, evidently impelled by the conviction that the adverse experience of the' pending Avar Avith Great Britain had fully demonstrated the necessity of changing the mode of subsisting the Army, to one Avhich would combine, in a greater degree, “ certainty and prompti- tude Avith economy and responsibility,” addressed the folloAving com- munication to Hon. James Monroe, then Acting Secretary of War: “ House of Representatives, Novembe , 12, 1814. “Sir: I am instructed by the Committee on Military Affairs to ask information on the following points: 41 “1.—What is the present rpode of subsisting the Army? “2.—If by contracts, what are the defects, if any, and the remedy? “3.—Whether any other mode can be adopted, combining, in a greater degree, certainty and promptitude with economy and responsibility? “4.—Whether the alternative offered by law, of substituting Commis- saries for contractors, has been adopted; and if yes, what has been the general result? “I have the honor to be, with high consideration and respect, “G. M. TROUP.” The following was Mr. Monroe’s reply: “War Department, December 23, 1814. “ Sir : Not wishing to rely altogether on my own judgment in replying to your inquiries relating to the best mode of subsisting the troops of the United States, I have consulted the officers of greatest experience who were within my reach, on the presumption that I should best promote the views of the committee, by collecting all the light that I could on the sub- ject. I have the honor now to submit to you a letter from General Scott, one from General Gaines, and one from Colonel Fenwick, which meet fully those inquries in every circumstance. These officers give a decided prefer- ence to the system of supply by Commissaries, in preference to that by contractors; and I have reason to believe that the officers generally con- cur with them in that preference. It has my unqualified assent. “Should the proposed plan be adopted, it will readily occur to the committee that the Commissaries to be appointed should be placed on a very respectable footing; so high a trust should be committed to such of our citizens only as are the most distinguished for their abilities, their patriotism, and integrity. I shall be happy to furnish details on this subject, should the honorable committee desire it. “I have the honor to be, with great respect, sir, your most obedient servant, “JAMES MONROE. “Hon. Mr. Troup.” General Scott’s views on supplying an Army by Contract and by om- missariat. “The first method is believed to be impolitic, and is vicious in time of war; also liable to many objections in a state of peace. The principal only is known to the War Office, and therefore may be supposed to be free from this objection; but his deputies and issuing agents are appointed without the concurrence or knowledge of the General or the Government. The deputies or issuing agents are necessarily as well acquainted with the numerical strength of the Army to which they are attached, as the Adjutant-General himself. For a bribe they may communicate this intelligence to the enemy, or fail to make issue at some critical moment, and thus defeat the best views and hopes of the Commander-in-Chief. The movements of an army are necessarily subordinate to its means of 42 subsistence; or, as Marshal Saxe expresses it, to considerations of the belly. The present mode of subsisting our armies puts the contractor above the General. If a contractor corresponds with the enemy, he can only be tried by the civil courts of the United States, as in the case of other persons charged with treason (courts-martial having decided that contractors do not come within the meaning of the 60th Article of the Rules and Articles of War); and if a contractor fails to make issues, he can only be punished by civil action. I speak of cases arising within the United States. In the enemy’s country, I suppose, a General, who knows his duty, would not fail to hang a contractor who should, by guilty neglect or corruption, bring any serious disaster upon the army. A sudden event frequently obliges a General to order troops to a distant and new station; notice is given to the contractor to supply, &c.; but the latter, finding that prompt arrangements will diminish his profits, pleads a want of reasonable notice. This term is indefinite, and if the General and contractor differ, it can only be settled by a court of common law. It is no reply to his objection to say that, on a sudden emergency, like that supposed, the General may appoint a special agent to supply the troops, by purchases on account of the United States. This would only show the superiority of a commissariat. “The interests of the contractor are in precise opposition to those of the troops. The checks provided by the contract may be sufficient to prevent abuse, if the officers are vigilant, and have leisure to resort to those checks; but when the army is on a forced march, or is manoeu- vering in the face of the enemy, the contractor has it in his power to practice many impositions with impunity, as in the case of an army or detachment ordered to march on short notice, and take with it subsistence for a given time. In such case there is no formal survey, or minute in- spection of the rations offered by the contractor, according to the mode pointed out in the contract. The contractor avails himself of the hurry of the moment, and issues provisions deficient in quantity and quality. Unless the rations, before they are received by the regimental quarter- master, are surveyed and condemned, there is no remedy except by a civil action on the case, as between citizen and citizen. Contractors, as before observed, are not amenable to courts-martial. Every option given to the contractor, under the contract, operates to the prejudice of the troops, and frequently embarasses the General. “W. SCOTT." General Gaines’s remarJcs on Contracts for Provisions,