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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --WEDNESDAY, January 28, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3]
WEDNESDAY, January 28, 1863.

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OPEN SESSION.

The Hon. W. S. Oldham, from the State of Texas, attended.

Mr. Yancey (by leave) introduced

A bill (S. 20) to reorganize the Medical Corps of the Confederate States Navy;
which was read the first and second times and referred to the Committee on Naval Affairs.

Mr. Phelan (by leave) introduced

A bill (S. 21) for the condemnation to public use of all cotton within the Confederate States, providing for the payment thereof, and for other purposes;
which was read the first and second times; and

On motion by Mr. Phelan,

Ordered, That it be referred to a select committee of five members, to be appointed by the President pro tempore; and

Mr. Phelan, Mr. Sparrow, Mr. Mitchel. Mr. Henry, and Mr. Orr were appointed the committee.

Mr. Semmes (by leave) introduced

A bill (S. 22) allowing the Comptroller of the Treasury the privilege of obtaining the legal advice of the Attorney-General;
which was read the first and second times and referred to the Committee on the Judiciary.

Mr. Semmes (by leave) introduced

A bill (S. 23) to repeal sections 45 and 46 of an act of the Provisional Congress entitled "An act to establish the judicial courts of the Confederate States of America;"
which was read the first and second times; and

On motion by Mr. Semmes,

Ordered, That it lie on the table.

Mr. Haynes submitted the following resolution; which was considered and agreed to:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency and necessity of reporting a bill to the Senate to regulate by law the seizure and impressment of private property, real and personal, for the use of the armies of the Confederate States, embracing the following provisions:

• 1. That private property may be seized and impressed for the necessary use of the troops of the Confederate States by the officers in command when the diligent efforts of the proper authorities would be unavailing to provide and purchase said property at its fair value, and when the necessity is so urgent as not to admit of delay.
• 2. When the officer is sued for a wrongful seizure, the jury shall be the judges, from the proofs, whether diligent efforts to purchase said property would have procured it for the use of the Army, and whether the emergency was so urgent as to render its impressment necessary. Nor shall good intentions, desire to promote the public service, or the illegal order of any superior support a plea of justification for the wrongful taking of said property.
• 3. That it shall be the duty of the officers seizing private property for the public use to cause to be paid to the owner, in bonds or Treasury notes, at his option, a just compensation therefor, which shall be determined by the market value of said property at the time when and where taken.
• 4. That in the event the owner refuses to accept the price paid or offered to be paid as a just compensation, said officer shall deliver to said owner an official certificate specifying the company, battalion, regiment, brigade, or corps of which he has command, the fact of impressment, the quantity and quality of the property taken, the time and place when and where seized, and the amount paid or offered to be paid for the same; which certificate shall be in the hands of said owner a voucher

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  and prima facie evidence for him against said officer before any court, in which he may be sued for a wrongful impressment, having jurisdiction of the case and before the tribunal created by law to determine the amount of compensation to which he may be entitled.

The President pro tempore laid before the Senate the memorial of G. Tochman; which was referred to the Committee on Military Affairs.

Mr. Brown, from the Committee on Naval Affairs, to whom was referred the bill (S. 12) to provide for conscribing seamen and ordinary seamen, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and no amendment being proposed, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time and the title was amended.

Resolved, That it pass, and that the title thereof be "An act to provide for continuing in service seamen and ordinary seamen now in the service of the Confederate States."

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 3) to organize the Supreme Court of the Confederate States.

On motion by Mr. Clay, to amend the bill by adding the following independent section:

• Sec. 6. That sections forty-five and forty-six of an act of the Provisional Congress entitled "An act to establish the judicial courts of the Confederate States of America," approved sixteenth March, eighteen hundred and sixty-one, be, and the same are hereby, repealed,

After debate,

On motion by Mr. Henry,

Ordered, That the further consideration of the bill be postponed until to-morrow.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 7) to place hospitals under military control.

On motion, by Mr. Orr,

Ordered, That the further consideration thereof be postponed until to-morrow.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 19) to amend an act to organize the clerical force of the Treasury Department.

On motion by Mr. Brown, to amend the bill by adding at the end of the second section:
And in all eases in making appointments under this act a preference shall be given to males who are not liable to military duty under the laws of Congress and to females whose fathers, brothers, or husbands are now in the Army, or who have been discharged therefrom on account of disease contracted or wounds received in the discharge of duty, or who have died in the service,

It was determined in the affirmative.

No further amendment being proposed, the bill was reported to the Senate and the amendment was concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

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On motion by Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Sparrow,

Ordered, That the bill (S. 10) in relation to substitutes be printed.

On motion by Mr. Clay,

The Senate adjourned.

SECRET SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 10) in relation to substitutes, reported it with an amendment.

On motion by Mr. Sparrow,

Ordered, That it be transferred to the Open Legislative Calendar.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., January 28, 1863.

To the President of the Senate of the Confederate States:

I nominate the persons named in the annexed letter of the Secretary of the Navy, agreeably to his recommendation.

JEFFERSON DAVIS.

Confederate States of America, Navy Department,
Richmond, January 27, 1863.

The President.

Sir: I have the honor to recommend the following nominations for appointment in the Navy:

Commander.
• Charles F. M. Spotswood, of Virginia, a first lieutenant in the Navy, to be promoted to fill an existing vacancy, and to rank from the 25th of August, 1862, next after Commander J. W. Cooke.

First lieutenant.
• Samuel W. Averett of Virginia a second lieutenant in the Navy, vice First Lieutenant Spotswood, promoted, to rank next alter First Lieut. Wilburn B. Hall.

Second lieutenant.
• Julian M. Spencer, of Maryland, a lieutenant in the Navy for the war, vice Second Lieutenant Averett, promoted.

Lieutenants for the war.
• James L. Johnson, of Mississippi, and Sidney Smith Lee, jr., of Virginia, acting masters in the Navy.

Paymaster.
• James O. Moore, of North Carolina, an assistant paymaster in the Navy, to be promoted to fill an existing vacancy.

Assistant paymasters.
• Leslie E. Brooks, of Alabama; Junius J. Lynch, of Maryland; John S. Banks, of Florida; John J. McPherson, of South Carolina; M. M. Seay, of Tennessee; George

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  H. O'Neal, of Florida; A. A. Nelson, of Texas; L. M. Thompson, of Kentucky; W. M. Briscoe, of Missouri; Frederick Lawrence, of Arkansas; Wilson G. Richardson, of Mississippi; J. C. Moses, of South Carolina; Adam Tredwell, of North Carolina; Edward McKean, of Louisiana; Dewitt O. Seymour, of Georgia.

Passed assistant surgeons.
• Charles E. Lining, of South Carolina; Marcellus P. Christian, of Virginia; Robert J. Freeman, of Virginia; Bennett W. Green, of Virginia; James W. Herty, of Georgia; Joseph D. Grafton, of Arkansas, assistant surgeons in the Navy, to be promoted.

Assistant surgeons for the war.
• John De Bree, jr., of Virginia; N. C. Edmunds, of Virginia; N. M. Read, of Maryland; S. S. Herrick, of Mississippi; John Leyburn, of Texas; Robert C. Powell, of Kentucky.

Naval storekeepers.
• David R. Lindsay, of Alabama; James E. Godfrey, of Georgia; James A. Duffus, of South Carolina.

Very respectfully, your obedient servant,S. R. MALLORY,
Secretary of the Navy.

The message was read.

Ordered, That it be referred to the Committee on Naval Affairs.

On motion by Mr. Sparrow,

The Senate resolved into secret legislative session.

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