1861 July 10

[another in a series of letters concerning the ongoing contretemps over who would be commissary of the 19th Virginia. see also letters of July 3, July 5 and July 8]

To Genl.P.S.G. Cocke
Commanding 5th Brigade of Virga Volunteers

Understanding that
Dr. Rice G. Bailey has been superseded as Acting Assistant Com-
missary of the 19th Regiment, upon the ground of dereliction
of official duty, we would most respectfully suggest that a re=
=consideration of the order supeseding Dr. Bailey & an investigation
of the documentary evidence which Dr. Bailey has procured in the
last few days since his removal from office would show that, how=
=ever proper the removal was upon the exparte statements, Dr. B
has not been, we most respectfully suggest, derelict in his official
duties--The facts are as follows: Dr. B obtained written per=
=mission from Col. Cocke to go to Charlottesville and return on
the 5th inst.--Dr. Bailey did return & reported himself at Centre=
=ville on the 5th as required--He informs us that he verbally
promised to return on the 4th, thus remaining only at home du=
=ring the evening of the 3rd--This promise he would have faithfully
kept, but subesquent to the verbal promise, Dr. B received a written
order (exhibit B) from Col. [John B.] Strange for a number of articles to be
obtained in Charlottesville for himself and the soldiers of the
19th Regiment. The duty of attending to these orders necessarily
occupied the entire day of the 4th; and Dr. B certainly thought
that he was excusable, of not entirely justified, in employing the
additional time in filling Col. Strange's orders, especially as
Dr. B would still have ample time, as was proven, to get to
Camp Pickens to attend to the regular drawing of the Regimental
requisitions on the 5th. also the charge that Dr. B did not
furnish the Beef supplies on Wednesday or Thursday (the 3rd & 4th)
there is no blame whatever attaching to Dr. B., as is completely
established by Mr. Smoot, the Beef contractor's certificate, herewith

[page 2]
exhibited, marked C. This was not the first occasion by many
upon which the Beef Contractor has disappointed the Com=
=missary at Head Quarters; and even with this disappointment
the 19th Regiment had on hand an ample supply of bacon,
bread, sugar & coffee, thus guarding against any serious incon=
=venience to the soldiers.--Dr. Bailey returned on the 5th, by
Reference to the memorandum marked D obtained from
the Hd.Quarters, it will be seen that the requisitions of all
the companies appeared on the 6th & should not have been
drawn until the 7th, two days after Dr. Bailey had reported
himself for duty, & one day after he had drawn & issued
rations for 10 days.-- Upon these facts we think
that Col Cocke will in justice to Dr Bailey give him a
hearing in order that he may justify himself against
an apparant dereliction of duty, and if no other objections
be entertained, restore him to his office--The dismissal from
office Dr. B conceives, under the alleged charges, an imputation
upon his official conduct which he desires to set right
before Col. Cocke and the Regiment--

With great respect we are yr m obt servts

Jno F. Ellis Capt Co. H
upon the grounds that his can
have a fair hearing without Act[ually?]
knowing the merits or demerits

R. T. W. Duke Capt C B

Chas. S. Peyton Capt Co E

T M Boyd
Capt Co G

Bennet H. Taylor Capt Co F 19th Reg

Lieut Waller, in command

J. Faulkner Capt Co D.

MSS 640