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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 --SEVENTY-SECOND DAY--FRIDAY, April 10, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
SEVENTY-SECOND DAY--FRIDAY, April 10, 1863.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Edwards.

The Chair announced as the special committee of five members on the bill to provide for holding elections for Representatives in the Congress of the Confederate States in States occupied by the forces of the enemy, Messrs. Swan of Tennessee, Machen of Kentucky, Freeman of Missouri, Preston of Virginia, and Hanly of Arkansas.

The Chair also announced as the committee of conference on the disagreeing votes of the two Houses on a bill entitled "An act defining who shall be exempt from military service in the armies of the Confederate States," Messrs. Kenan of Georgia, Pugh of Alabama, and Wright of Tennessee.

Mr. Clark moved that he be excused from further service upon the special committee to inquire into the treatment of prisoners confined in Castle Thunder, Richmond, Va.; which was agreed to.

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Mr. Chilton, from the committee of conference, reported as follows, to wit:

The managers on the part of the House of Representatives have met the managers on the part of the Senate in relation to the disagreeing votes of the two Houses upon the bill to be entitled "An act to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service," and, after free and full conference, they have agreed to recommend and do recommend to their respective Houses as follows, viz:

That the Senate do agree to the amendment of the House, with the following amendment; so as to make the said amendment read as follows, viz: "And no contractor on any route of less than ten miles in length, and on which the mail is carried on horse, shall be exempt under this act."

And that the House do agree to the amendment as amended.

All of which is respectfully submitted.

• W. S. OLDHAM.
• W. L. YANCEY.
• CHAS. B. MITCHEL.
• W. P. CHILTON.
• JNO. D. C. ATKINS.
• HINES HOLT.

The question being on concurring in the report,

The same was agreed to.

Mr. Machen moved that the vote by which a bill to be entitled "An act to establish the court for the investigation of claims against the Government of the Confederate States," was postponed be reconsidered.

Mr. Davis demanded the question; which was ordered.

Mr. Chambliss demanded the yeas and nays.

The yeas and nays were ordered,

And are recorded as follows, to wit:
• Yeas ... 39
• Nays ... 42

Yeas: Ashe, Baldwin, Bell, Boteler, Horatio W. Bruce, Chambers, Chambliss, Clapp, Clopton, Collier, Conrow, Curry, Dargan, Davis, De Jarnette, Foster, Garland, Garnett, Goode, Gray, Hartridge, Heiskell, Hodge, Holcombe, Johnston, Lewis, Lyon, Lyons, Machen, Menees, Miller, Moore, Munnerlyn, Perkins, Preston, Russell, Simpson, Welsh, and Mr. Speaker.

Nays: Arrington, Atkins, Batson, Boyce, Breckinridge, Chilton, Clark, Conrad, Currin, Davidson, Dupré, Elliott, Ewing, Farrow, Foote, Freeman, Gaither, Hanly, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Martin, McLean, McQueen, McRae, Pugh, Ralls, Royston, Sexton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Vest, Villeré, Wright of Georgia, Wright of Tennessee, and Wright of Texas.

So the motion was lost.

The House proceeded to the consideration of the special order of business; which was

A bill to reorganize and promote the efficiency of the Medical Department of the Army.

The bill having been read as follows, to wit:

• Section 1. The Congress of the Confederate States of America do enact, That the rank, pay, and allowances of a brigadier-general in the Provisional Army of the Confederate States be, and the same are hereby, conferred on the Surgeon-General.
• Sec. 2. Be it further enacted, That there shall be appointed in the Provisional Army of the Confederate States two assistant surgeons-general, with the rank, pay, and allowances of colonels of cavalry; one medical inspector-general, with the rank, pay, and allowances of a colonel of cavalry; such number of surgeons, with the rank, pay, and allowances of lieutenant-colonels of cavalry, and to be assigned to such duty as

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  the President may direct, and such number of surgeons, with the rank, pay, and allowances of majors of cavalry, and to be assigned to such duty as the President may direct.

• Sec. 3. Be it further enacted, That there shall be established in the Provisional Army of the Confederate States an infirmary corps, composed, for each brigade of an army in the field, of four assistant surgeons, with the rank, pay, and allowances of captains of cavalry, and four sergeants, with the pay and allowances of hospital stewards. There shall be detailed, when an engagement is expected, from each brigade, a number of men, not less than one nor more than two for each company in the brigade, who, wearing distinctive badges, will, for the time being, form part of the infirmary corps, and be placed under the authority of the officers and noncommissioned officers of the corps; these being under the direction of the principal medical officer of the brigade, or other medical officer of higher authority, all to be governed by such regulations as may be published for their guidance by the Secretary of War. The duty of the medical officers of the corps shall be to render surgical aid to the wounded during and after battle, in field infirmaries or elsewhere, until the wounded are received into permanent hospitals, when they, with the sergeants, will rejoin the command, and, until their services again become necessary on the field of battle, shall perform temporarily such duty as may be assigned them by the medical director. The sergeants and detailed men shall succor the wounded on the battlefield, removing them on stretchers or in ambulances to the infirmaries or field hospitals, and render in the infirmaries, in the capacity of attendants and nurses, such further aid as may be required from them until the wounded are received into permanent hospitals, when the detailed men will be returned to their commands. After a battle, if the army change position, the infirmary corps, including the detailed men, or such portion as the medical directors deem advisable, shall remain on duty in the infirmaries until the sick and wounded are received into permanent hospitals, when they will rejoin their commands as herein provided.
• Sec. 4. Be it further enacted, That for each brigade of an army in the field there shall be allowed for the field infirmaries four cooks, not enlisted men, to be subject to military control, and to be paid an amount not exceeding twenty-five dollars per month.
• Sec. 5. Be it further enacted, That the appointment of a medical officer of the Regular Army to any offices created by this act shall not affect his position in the Regular Army.
• Sec. 6. Be it further enacted, That the rank conferred on medical officers by this act shall not entitle them to exercise command, except in their own department, which will include the infirmary corps,

Mr. Wright of Georgia moved, on the part of the Committee on the Medical Department, to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:

That the rank, pay, and allowances of a brigadier-general in the Provisional Army of the Confederate States be, and the same are hereby, attached to the office of Surgeon-General.

• Sec. 2. Be it further enacted, That there shall be appointed in the Provisional Army of the Confederate States two assistant surgeons-general, with the rank, pay, and allowances of colonels of cavalry; such number of medical inspectors, not exceeding ten, as the President may direct, with the rank, pay, and allowance of colonels of cavalry, who shall be charged with the general supervision of hospitals, the sanitary condition of encampments and troops, including all matters of hygiene and supplies; such number of surgeons, with the rank, pay, and allowances of lieutenant-colonels of cavalry, and to be assigned to such duty as the President may direct, and such number of surgeons, with the rank, pay, and allowances of majors of cavalry, and to be assigned to such duty as the President may direct.
• Sec. 3. Be it further enacted, That there shall be established in the Provisional Army of the Confederate States an infirmary corps of medical officers (surgeons and assistant surgeons, with the rank, pay, and allowances of other medical officers of like grades), in number not to exceed one surgeon for each brigade and one assistant surgeon for each regiment, who shall not be attached to the organization of troops, but shall serve in the field, or in field hospitals, under such regulations as the Secretary of War shall prescribe.
• Sec. 4. Be it further enacted, That the appointment of a medical officer of the Regular Army to any office created by this act shall not affect his position in the Regular Army.
• Sec. 5. Be it further enacted, That the rank conferred on medical officers by this act shall not entitle them to exercise command, except in their own department.

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Mr. Barksdale demanded the question.

The question was ordered, and the amendment was agreed to.

Mr. Foote demanded the question; which was ordered, and the bill as amended was engrossed and read a third time.

Mr. Barksdale demanded the question; which was on the passage of the bill.

The question was ordered.

Mr. Clark demanded the yeas and nays;

Which were ordered,

And are recorded as follows:
• Yeas ... 49
• Nays ... 27

Yeas: Baldwin, Barksdale, Bell, Boteler, Boyce, Horatio W. Bruce, Chambers, Collier, Conrad, Currin, Dargan, Davis, De Jarnette, Dupré, Elliott, Ewing, Farrow, Foote, Goode, Gray, Harris, Hartridge, Hilton, Hodge, Holcombe, Kenner, Lewis, Lyons, Machen, McQueen, McRae, Menees, Miller, Moore, Munnerlyn, Perkins, Ralls, Read, Royston, Russell, Sexton, Simpson, Singleton, Strickland, Swan, Vest, Villeré, Wright of Georgia, and Wright of Texas.

Nays: Arrington, Ashe, Atkins, Batson, Bridgers, Chilton, Clapp, Clark, Clopton, Conrow, Curry, Davidson, Freeman, Gaither, Garland, Garnett, Hanly, Heiskell, Jones, Kenan of Georgia, Kenan of North Carolina, Lyon, Marshall, McLean, Pugh, Trippe, and Welsh.

So the bill was passed.

On motion of Mr. Lyons, the communications from the President, vetoing sundry bills, were taken up and their consideration postponed until 12 o'clock to-morrow.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled

An act to amend an act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals, approved August 29, 1861.

And the Speaker signed the same.

Mr. Foote moved that the House resolve itself into secret session.

The motion was lost.

The Chair appointed Mr. Wright of Georgia on the special committee to investigate the treatment of prisoners confined in Castle Thunder, in place of Mr. Clark, excused.

Mr. Gray, from the Committee on the Judiciary, to which were referred two resolutions in relation to the sequestration laws, reported the same back, asked to be discharged from their further consideration, and that the same be laid upon the table; which was agreed to.

Mr. Gray, from the same committee, to which was referred a bill of the Senate entitled "An act to amend an act for the sequestration of estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States, approved February fifteenth, eighteen hundred and sixty-two," reported the same back, with the recommendation that it pass with an amendment.

The question being on postponing and placing the same upon the Calendar,

It was decided in the negative.

The bill having been read as follows, to wit:

The Congress of the Confederate States of America do enact, That in all cases where execution shall be issued for interest, as authorized by the fourteenth section of said

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act, the defendant shall be liable for costs accruing on such execution: Provided, That execution shall not issue within thirty days after the interest becomes due.

• Sec. 2. The clerk shall have power, without the order of the judge, to issue execution on any judgment or decree when the receiver shall make oath that he has reasonable grounds to believe the debtor is fraudulently concealing or disposing of his effects with intent to evade the judgment or decree, or is about to remove his effects beyond the jurisdiction of the court; but execution shall be discharged on defendant giving security, to be approved by the clerk, and paying costs of the proceedings.
• Sec. 3. That all sales of real estate made by the receiver under the act to which this is an amendment may be reported to the judge and confirmed in vacation under the same regulations required during the session of the court,

Mr. Gray, on the part of the committee, moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:

That whenever it shall appear to any district court that a sale of lands or other property sequestered would not be likely to produce a fair price because of the existence of the war, such court may, in its discretion, for that cause, as well as for the causes heretofore prescribed by law, suspend the sale of such land or other property during the war, or until it appears that a fair and beneficial sale can be made; and before any sale shall be made it shall be the duty of the receiver or other officer by whom the sale is to be made to cause the property to be appraised by three discreet and disinterested freeholders, residents of the county or parish in which the property is situated, under oath to be administered to them by the officer, which appraisement shall be in writing, signed by them, and be preserved by the officer with the process in his hands; and if the property when offered shall not bring at least two-thirds of such appraised value, the sale shall be suspended, and the officer shall return the process to the court, stating thereon the facts and cause of such suspension, and such property shall not be again offered for sale until directed by further order of the court.

• Sec. 2. Whenever a sale of lands or other property has been or shall be made and confirmed and terms of sale fully complied with by the purchaser, such sale shall pass the title to such property, not only of the person as whose property it has been sequestered, but of all others, alien enemies of the Confederate States, as whose property it would have been liable to sequestration or confiscation, whether named or not in the proceedings therefor.
• Sec. 3. The proceedings for the sequestration or confiscation of any property, money, rights, or credits of any alien enemy of the Confederate States shall bind and operate against the claim and title, not only of the person named in the proceedings therefor, but also of any and all other alien enemies who would have been liable to such proceedings. And no cause of action, in any manner or for any purpose whatever, shall ever exist, and no suit allowed, on behalf of any person who was an alien enemy of the Confederate States, in regard to any property sequestered and sold, money collected, or any other proceeding under the sequestration or confiscation laws; nor in behalf of any person claiming right under or from such alien enemy, by title or interest acquired subsequent to the thirtieth day of August, eighteen hundred and sixty-one.
• Sec. 4. All claims or suits of any citizen or alien friend for any right or credit or other property sequestered in proceedings against an alien enemy shall be asserted by institution of suit therefor within one year after the ratification of a treaty of peace with the United States; and all such claims not so asserted shall be barred.
• Sec. 5. Where negotiable notes or bills have been delivered or other debts contracted to or with an alien enemy, and have been or may be sequestered, and they can not be produced in suits against debtors, or where the ownership of them is unknown, and no notice of a transfer to a citizen or alien friend or neutral has been given, the presumption shall be that such notes, bills, or debts were the property of an alien enemy and liable to sequestration. And where a transfer or assignment of any such claim is alleged to a citizen or neutral, the burden of proving that such transfer or assignment was made in good faith and for value, before it became liable to sequestration, shall rest on the party asserting the same.
• Sec. 6. All judgments and decrees which have been or may be rendered for debts to alien enemies under the acts to which this is supplemental shall be subject to and regulated by the laws of the State in which they are rendered, concerning the liens of judgments and the manner of proceeding on executions in such State; and the district courts respectively shall mold their process so as to give effect to such laws.
• Sec. 7. Any citizen who shall in good faith and without notice of a transfer of any

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  note, bill, or other credit, sequestered as the property of an alien enemy, pay the debt evidenced thereby to the receiver or marshal of the Confederate States authorized to collect the same, and who shall hereafter be made liable or compelled to pay the same by judgment or decree of a court of the Confederate States to a party who was not an alien enemy, shall be reimbursed by the Government of the Confederate States in the amount so paid to such receiver or marshal, together with interest thereon, at the same rate which the debt paid was drawing, and cost of suit incurred: Provided, That the debtor shall have notified the attorney of the Confederate States of the pendency of such suit, that he may defend the same, or in case such notice be not given, that the judge presiding at the trial shall certify that the suit was defended in good faith by the debtor.

• Sec. 8. In all cases where execution shall be issued for interest on judgments or decrees the defendants shall be liable for the costs accruing on such execution: Provided, That execution shall not issue within thirty days after the interest becomes due.
• Sec. 9. The clerk shall have power, without order of the judge, in vacation, to issue execution on any judgment or decree when the receiver shall make oath in writing that he has reasonable grounds to believe that the debtor is fraudulently concealing or disposing of his effects with intent to evade the judgment or decree, or is about to remove his effects beyond the jurisdiction of the court; but such execution shall be discharged on the defendant giving bond and security in double the amount of the debt, to be approved by the clerk, and paying costs of the proceedings.
• Sec. 10. All sales of real estate made by the receiver under the acts to which this is supplemental, under order, judgment, or decree of the court, may be reported to the judge and confirmed in vacation under the same regulations as are required in cases of confirmation during the term of the court.

Mr. Conrad moved to amend the amendment by striking out all of the first section and inserting in lieu thereof the following, to wit:

That all sales of land and other property not perishable, under the act entitled "An act for the sequestration of the estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States," and acts amending the same, be, and the same are hereby, suspended until otherwise provided by law.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

• S. 59. An act to amend an act entitled "An act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals," approved August 29, 1861;

In which I am directed to ask the concurrence of this House.

The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the Senate (S. 97) to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service.

The hour of half past 3 having arrived,

The House, under the rule, took a recess until 8 o'clock, p. m.;

And having again met,

Mr. Chambers demanded the question; which was ordered, and the amendment to the amendment was lost.

Mr. Holt moved to amend the amendment by striking out all of the same and inserting in lieu thereof the following, viz:

That all proceedings under the sequestration laws be, and the same are hereby, suspended.

Mr. Curry demanded the question.

Mr. Garland demanded the previous question.

The main question was ordered, and the amendment to the amendment was lost.

The amendment was agreed to, and the bill as amended was read a third time.

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Mr. Curry demanded the question; which was on the passage of the bill.

The question was ordered.

Mr. Jones demanded the yeas and nays.

The demand was not seconded, and the bill was passed.

The title of the same being under consideration, which is as follows, to wit:

An act to amend an act entitled "An act to alter and amend an act for the sequestration of estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States," approved February 15, 1862,

Mr. Gray, on the part of the committee, moved to amend the same by striking out all thereof and inserting in lieu thereof the following, viz:

An act supplementary to and amendatory of the several acts for the sequestration of the estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States.

The amendment was agreed to, and title as amended was agreed to.

Mr. Conrad moved that the House reconsider the vote by which the bill was passed.

On motion of Mr. Wright of Georgia, the forty-second rule was suspended, and the Clerk was directed to report immediately to the Senate

An act to reorganize and promote the efficiency of the Medical Department of the Army.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, viz:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

• S. 111. An act to authorize the issue of eight per cent bonds or certificates of stock in certain cases.

They have also passed, with amendments, bills of this House of the following titles, viz:

• H. R. 12. An act for the relief of certain officers and soldiers from the State of Missouri;
• H. R. 17. An act to aid committees of Congress in the investigation of matters referred to them, and to punish false swearing before said committees; and
• H. R. 29. An act to amend an act entitled "An act to secure copyrights to authors and composers," approved May 21, 1861;

In which bills and amendments I am directed to ask the concurrence of this House.

On motion of Mr. Jones,

The House adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

A message was received from the Senate, by the hands of the Secretary, Mr. Nash; which is as follows, to wit:

The Senate have passed, with amendment, the bill of this House (H. R. 18) entitled "An act to lay taxes for the common defense and carry on the Government of the Confederate States," in which amendment I am directed to ask the concurrence of this House.

The Chair presented a bill of the House to lay taxes for the common defense and carry on the Government of the Confederate States; which had been returned from the Senate with an amendment.

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The bill and amendment were referred to the Committee on Ways and Means, and the amendment of the Senate ordered to be printed.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled

• S. 52. An act to fix the rank of officers in the military and naval service of the Confederate States holding commissions under the Provisional Government when reappointed to offices of the same grade under the Permanent Government.

And the Speaker signed the same.

And on motion,

The House resolved itself into open session.

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