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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 --TUESDAY, March 10, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3]
TUESDAY, March 10, 1863.

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OPEN SESSION.

Mr. Wigfall (by leave) introduced

A bill (S. 74) to amend an act entitled "An act for the establishment and organization of the general staff of the Army of the Confederate States of America," approved February 26, 1861;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Sparrow, from the Committee on Military Affairs, who were instructed by a resolution of the Senate to inquire into the subject, reported

A bill (S. 75) to provide for having the laws relating to military and naval affairs digested and published;
which was read the first and second times and ordered to be placed upon the Calendar and printed.

Mr. Sparrow, from the Committee on Military Affairs, reported

A bill (S. 76) to regulate the extra pay allowed soldiers detailed for duty as clerks in the city of Richmond;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.

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

The said bill was read the third time.

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

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

Mr. Oldham, from the Committee on Post-Offices and Post-Roads, reported

A bill (S. 77) to repeal section 2 of an act entitled "An act relating to the prepayment of postage in certain cases," approved July 29, 1861; which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.

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

The said bill was read the third time.

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

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 (H. R. 9) to authorize and regulate the impressment of private property for the use of the Army and other military purposes.

The question being on agreeing to the motion submitted by Mr. Henry on yesterday, that the vote on agreeing to the amendment proposed to the bill by Mr. Semmes, providing for the appointment by the President of three commissioners in each State, etc., be reconsidered,

It was put and determined in the affirmative.

The Senate proceeded to consider the said amendment; and

On motion by Mr. Haynes, that it lie upon the table,

On motion by Mr. Barnwell,

Ordered, That the bill be transferred to the Secret Legislative Calendar.

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On motion by Mr. Barnwell,

The Senate resolved into secret legislative session.

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

Richmond, Va., March 10, 1863.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of War, submitting an estimate of the amount required for the fulfillment of contracts made by the medical purveyors.

I recommend that an appropriation be made of the amount for the purpose indicated.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Finance.

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

Richmond, Va., March 10, 1863.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of War, covering an estimate of additional funds required for the subsistence of the Army for the period ending June 30, 1863.

I recommend that an appropriation be made of the amount for the purpose indicated.

JEFFERSON DAVIS.

The message war read.

Ordered, That it be referred to the Committee on Finance.

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; and

On motion by Mr. Semmes,

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

The Senate resumed, as in Committee of the Whole, the consideration of the 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; and

On motion by Mr. Davis,

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. 6) to grant to the principal officer of each of the Executive Departments a seat upon the floor of Congress.

On the question to agree to the following amendment reported from the Committee on the Judiciary, viz:

After the word "Senate," line 4, insert the words "subject to such rules as now exist, or may hereafter be adopted by the Senate,"

It was determined in the affirmative.

On motion by Mr. Brown, to amend the bill by inserting after the word "Senate," line 4, the words "during the remainder of this Congress,"

It was determined in the affirmative.

After debate,

On motion by Mr. Simms,

The Senate adjourned.

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SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 9) to authorize and regulate the impressment of private property for the use of the Army and other military purposes.

On motion by Mr. Burnett, to reconsider the vote on rejecting the following amendment proposed by Mr. Haynes, as amended:

Strike out all after the enacting clause of the bill and insert:

That when any officer in the military service of the Confederate States in command of troops, or charged with the duty of supplying an army, shall impress into the public service any property belonging to a citizen of any of the Confederate States, or to any peaceful resident of the same, such officer shall, before appropriating the same to the public use, cause a valuation and appraisement thereof, upon proof of value, to be made by three or more disinterested citizens, if it can be done without injurious delay, and if the appraisement shall seem just and fair, he shall indorse upon it his approval, if not, he shall indorse on it his reasons for refusing, and deliver the same, together with a receipt for the property impressed, to the owner, his agent or attorney, and as soon as practicable forward a copy of the receipt and appraisement and his indorsement thereon to the head of the Department having charge of the species of property taken. Where an appraisement can not be conveniently made, he shall deliver a receipt to the owner, his agent or attorney, and forward a copy as above directed.

• Sec. 2. That the persons selected to appraise property impressed as provided in the first section, shall in all cases, before acting, take and subscribe an oath that the appraisement they are called upon to make shall be just, and, as near as they can estimate the same, a fair value of the impressed property.
• Sec. 3. Where property is impressed, and after temporary use or service it is returned to the owner, his agent or attorney, the value of such use or service shall be ascertained and acted upon as directed in the foregoing section.
• Sec. 4. That upon the production of the receipt of the officer for property impressed and the valuation of the same, or for the use and service of such when returned to the owner, approved by said officer, it shall be the duty of the proper disbursing officer to pay the amount thereof to the owner of such property, his agent or attorney, as in the case of property duly purchased or hired, and the acceptance of pay from Government shall, in all cases, operate as a release of all claim or right of action against the officer taking the property or ordering it to be done. Where there has been no appraisement in valuation, or where such appraisement and valuation is not approved by the officer taking the property, the claim shall be referred to the proper accounting officer of the Government, to be settled according to the principles of equity and justice.
• Sec. 5. That any officer in the military service of the Confederate States who shall wantonly or oppressively impress or take any property of a citizen of any of the Confederate States, or of a peaceful resident of the same, or who shall do so except when necessary to avert impending danger, or to prosecute successfully important military operations, shall be deemed a trespasser, and held liable for damages as such to any citizen or resident so deprived of his property, to be recovered in any court having jurisdiction in the premises, and shall further be tried before a court-martial or military court, and on conviction shall be dismissed the service.
• Sec. 6. That property necessary for the support of the owner and his family, and necessary to carry on his ordinary agricultural and manufacturing business until the harvesting of the next crop, shall not be taken for the public use; to be ascertained by the oath of the appraisers hereinbefore authorized, when the owner and officer can not agree, and the decision of the appraisers shall be binding on the officer.
• Sec. 7. That previous to the first day of October next, no slaves laboring on a farm or plantation, exclusively devoted to the production of grain and provisions, shall be taken for the public use without the consent of the owner, except in case of urgent necessity,

It was determined in the affirmative.

The Senate proceeded to consider the said amendment; and

On the question to agree thereto,

Mr. Burnett demanded the question; which was seconded, and

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The question being put,

It was determined in the affirmative,
• Yeas ... 17
• Nays ... 5

On motion by Mr. Dortch,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Burnett, Caperton, Clark, Davis, Dortch, Haynes, Henry, Hill, Maxwell, Mitchel, Oldham, Simms, Sparrow, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Brown, Hunter, Johnson of Arkansas, Peyton, and Semmes,

So the amendment as amended was agreed to.

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

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

The said bill as amended was read the third time.

On the question

Shall the bill now pass?

It was determined in the affirmative,
• Yeas ... 18
• Nays ... 2

On motion by Mr. Simms,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Burnett, Caperton, Clark, Davis, Dortch, Haynes, Henry, Hill, Hunter, Maxwell, Mitchel, Oldham, Peyton, Simms, Sparrow, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Brown and Semmes.

So it was

Resolved, That this bill pass with an amendment.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

On motion by Mr. Semmes,

Ordered, That the injunction of secrecy be removed from the bill (H. R. 9) last mentioned, and from all proceedings thereon in secret legislative session.

On motion by Mr. Yancey,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

Richmond, Va., March 9, 1863.

To the President of the Senate of the Confederate States:

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

JEFFERSON DAVIS.

Confederate States of America, Navy Department,
Richmond, March 7, 1863.

The President.

Sir: I have the honor to recommend the following nomination for appointment in the Marine Corps:

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Second lieutenant.
• John S. Van de Graff, of Texas.

With much respect, 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.

Confederate States of America, Executive Department,
Richmond, March 9, 1863.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, February 27, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, for distinguished valor and skill:

• J. H. Barker, of South Carolina, to be second lieutenant Company C, Fourth South Carolina Regiment, to rank January 31, 1863.
• W. H. Blackwell, of Virginia, to be second lieutenant Lynchburg Artillery, to rank January 23, 1863.
• James T. Proctor, of South Carolina, to be second lieutenant Company C, First South Carolina Regiment, to rank January 13, 1863.
• E. S. Trout, of Virginia, to be second lieutenant Company H, Fifty-second Virginia Regiment, to rank December 6, 1862.
• Judson M. Kent, of Virginia, to be second lieutenant Company H, Twenty-second Virginia Regiment, to rank January 18, 1863.
• C. P. Toney, of Georgia, to be second lieutenant Company B, Forty-fifth Georgia Regiment, to rank January 2, 1863.
• William H. Huff, of Missouri, to be second lieutenant Company E, Sixth Missouri Regiment, to rank November 26, 1862.
• J. M. Spencer, of Mississippi, to be second lieutenant Company F, Twenty-ninth Mississippi Regiment, to rank January 29, 1863.
• J. D. F. Thompson, of Kentucky, to be second lieutenant Company K, Second Kentucky Regiment, to rank January 11, 1863.
• John J. Dempster, of Virginia, to be second lieutenant Company E, Fifth Virginia Regiment, to rank February 4, 1863.
• J. T. Smith, of Mississippi, to be second lieutenant Company B, Twenty-ninth Mississippi Regiment, to rank January 29, 1863.
• John D. Talbert, of Mississippi, to be second lieutenant Company E, Twenty-ninth Mississippi Regiment, to rank January 29, 1863.
• James G. Lyell, of Virginia, to be second lieutenant Company D, Forty-seventh Virginia Regiment, to rank December 19, 1862.
• Thomas S. Wilkerson, of Virginia, to be second lieutenant Company B, Forty-seventh Virginia Regiment, to rank December 19, 1862.
• T. B. Tompkins, of Georgia, to be second lieutenant Company A, Forty-fifth Georgia Regiment, to rank January 13, 1863.
• John M. Kidd, of Georgia, to be second lieutenant Company C, Thirty-fifth Georgia Regiment, to rank October 12, 1862.
• John R. Merritt, of Georgia, to be second lieutenant Company A, Fourteenth Georgia Regiment, to rank October 1, 1862.
• William Shelton, of Virginia, to be second lieutenant Company H, Fifth Virginia Regiment, to rank February 10, 1863.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

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Confederate States of America, Executive Department,
Richmond, March 9, 1863.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, March 2, 1863.

Sir: I have the honor the recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

Second lieutenants.
• Samuel G. Battle, jr., of Alabama, to be second lieutenant, First Alabama Battalion, to rank February 10, 1863.
• James B. Cleveland, of Louisiana, to be second lieutenant, First Louisiana Artillery Regiment, to rank February 18, 1863.
• J. B. Humphreys, of Louisiana, to be second lieutenant, First Louisiana Artillery Regiment, to rank February 17, 1863.
• Charles L. Huger, of Louisiana, to be second lieutenant, First Louisiana Artillery Regiment (enlisted men), to rank November 14, 1862.
• Edward W. Macbeth, of South Carolina, to be second lieutenant, First South Carolina Regiment (enlisted men), to rank December 5, 1862.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

Confederate States of America, Executive Department,
Richmond, March 9, 1863.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, March 2, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

Adjutants, with the rank of first lieutenant.
• John A. Minnis, of Kentucky, to be adjutant Eighth Kentucky Cavalry Regiment, to rank October 2, 1862.
• H. H. Bein, of Louisiana, to be adjutant Thirteenth Louisiana Regiment, to rank April 8, 1862.
• John B. Kent, of Tennessee, to be adjutant Fifteenth Tennessee Regiment, to rank May 11, 1862.
• Joseph E. Haynes, of Tennessee, to be adjutant Sixty-second North Carolina Regiment, to rank February 9, 1863.
• John W. Wofford, of Georgia, to be adjutant Phillips Legion, to rank February 1, 1863.
• William M. Cravens, of Arkansas, to be adjutant Twenty-first Arkansas Regiment, to rank January 17, 1863.
• Edward Y. Clarke, of Georgia, to be adjutant Sixteenth Georgia Battalion, to rank October 2, 1862.
• A. P. Forsyth, of Texas, to be adjutant First Texas Regiment, to rank February 6, 1863.
• R. S. Folger, of North Carolina, to be adjutant Twenty-eighth North Carolina Regiment, to rank January 7, 1863.
• J. C. Porter, of Mississippi, to be adjutant Forty-sixth Mississippi Regiment, to rank February 11, 1863.

---

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• Paul Jones, jr., of Tennessee, to be adjutant Thirty-third Tennessee Regiment, to rank September 1, 1862.
• R. H. Cunningham, of Virginia, to be adjutant Thirty-sixth Virginia Regiment, to rank January 20, 1863.
• F. P. Koonce, of Arkansas, to be adjutant Fourth Arkansas Regiment, to rank May 24, 1862.
• Felix Warley, of South Carolina, to be adjutant Lucas' (South Carolina) battalion, to rank February 6, 1863.
• Henry Piussan, of Louisiana, to be adjutant Tenth Louisiana Regiment, to rank June 30, 1862.
• Ives Smedes, of North Carolina, to be adjutant Seventh North Carolina Regiment, to rank February 8, 1863.
• R. T. Watts, of Virginia, to be adjutant Thirty-fifth Virginia Battalion Cavalry, to rank January 30, 1863.
• O. E. Stuart, of Mississippi, to be adjutant Eighteenth Mississippi Regiment, to rank December 1, 1862.
• Lucius H. Smith, of North Carolina, to be adjutant Fifth North Carolina Battalion, to rank February 24, 1863.
• J. S. Richardson, of South Carolina, to be adjutant Twenty-third South Carolina Regiment, to rank January 1, 1863.
• Thomas J. Hall, jr., of Virginia, to be adjutant Thirty-seventh Virginia Battalion Cavalry, to rank February 23, 1863.
• William P. Frink, of Florida, to be adjutant Fifth Florida Regiment, to rank February 27, 1863.
• Thomas Lewis, of Virginia, to be adjutant Thirty-eighth Virginia Battalion Artillery, to rank January 2, 1863.
• Grafton Tyler, of Virginia, to be adjutant Andrews' Battalion Artillery, to rank February 28, 1863.
• W. H. Stewart, of Mississippi, to be adjutant Sixteenth Mississippi Regiment, to rank February 18, 1863.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

Confederate States of America, Executive Department,
Richmond, March 9, 1863.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, March 2, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, for distinguished valor and skill:

• F. W. Kilpatrick, of South Carolina, to be colonel First South Carolina Regiment, to rank January 31, 1863. (Also unanimous consent of officers.)
• John E. Gilbert, of Alabama, to be first lieutenant Company B, Fiftieth Alabama Regiment, to rank January 15, 1863.
• H. R. Morrison, of Virginia, to be second lieutenant Company H, Fifty-eighth Virginia Regiment, to rank January 29, 1863.
• William F. Fitzgerald, of Mississippi, to be second lieutenant Company C, Ninth Mississippi Battalion, to rank January 6, 1863.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

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Confederate States of America, Executive Department,
Richmond, March 9, 1863

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, March 2, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

Second lieutenants.
• C. L. C. Dupuy, of Louisiana, to be second lieutenant, First Regiment Louisiana Artillery, to rank February 27, 1863.
• George E. Strawbridge, of Louisiana, to be second lieutenant, First Regiment Louisiana Artillery, to rank February 27, 1863.
• Jacob C. Purdy, of Louisiana, to be second lieutenant, First Regiment Louisiana Artillery, to rank February 27, 1863.
• Charles A. Devall, of Louisiana, to be second lieutenant, First Regiment Louisiana Artillery, to rank February 27, 1863.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

Mr. Yancey, from the Committee on Foreign Affairs, to whom was referred the joint resolution (S. 6) in relation to foreign affairs, reported it with amendments.

On motion by Mr. Yancey,

Ordered, That the amendments be printed.

Mr. Yancey gave notice of his intention to propose sundry amendments to the joint resolution last mentioned; which were ordered to be printed.

On motion by Mr. Yancey,

Ordered, That the said joint resolution be transferred to secret legislative session.

Mr. Sparrow, from the Committee on Military Affairs, submitted the following resolution for consideration:

Resolved, That it is inexpedient for the Senate to confirm any more nominations for major or brigadier generals until a response is made to the resolution of the Senate, passed on the thirtieth of January last, asking for the number of major and brigadier generals, and the number of divisions and brigades now in the service; and that the Secretary of War be furnished with a copy of this resolution.

On motion by Mr. Semmes,

The Senate resolved into open legislative session.

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