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COMMUNICATION FROM THE ATTORNEY GENERAL. 
 
 Confederate States of America, ) 
 
 Department of Justice, \ 
 
 Richmond, March 13, 1863. ) 
 To the Speaker of the House of Representatives : 
 
 Sir : I have the honor to in-close my reports to Congress upon cer- 
 tain claims which have been filed in this Department, under act of the 
 Provisional Congress, No. lot, approved 30th August, 1861 The 
 reports are numbered, respectively, I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 
 Duplicates are sent to the Senate. 
 
 Your obedient servant, 
 
 T. H. WATTS, 
 Attorney General. 
 
( No. 1 . ) 
 
 p&rtmgnt of Justice, ) 
 
 Richmond, Va., February 23, 1863. J 
 
 j of the Ctmfdiratc States of America : 
 The claim of "William Gregory is for damages done to liis laud by 
 the erection of fortifications thereon, by orders of Confederate Gene- 
 ral-. A board of surrey appointed by General S T. Pettegrew report 
 image at six hundred and fifty dollars ($650). Five hundred 
 dolla, | of this damage is alleged to be consequents. How this 
 
 damage arose is not explained by the report or by other evidence before 
 me. I do sot think such allowance is allowable. In such a case as this 
 such damage would not be allowed in a suit between individuals, and I 
 see no reason why the Government should have applied to it a different 
 rule. I think the other damage should be paid I allow in this ac- 
 count one hundred and fifty dollars ($150.) 
 
 T. II. WATTS, 
 Attorney General. 
 
 (No. 2.) 
 
 Dkpartment of Justice, ) 
 February 23, 18G3. \ 
 
 CLAIM OF HORACE MITCHELL. 
 To the Congress of the Confederate. Stat<s nf America : 
 
 It is shown that the negro slave, " Monk,"' was impressed by order 
 of General Magruder, to do work on the fortifications in the Peninsula. 
 While there engaged the negro left, and the presumtion is created 
 that he went to the Yankees. It is not, however, made clear that this 
 is so. 
 
 At the time this negro was taken by order of the Government, there 
 was no legal authority to take private property for public use. The 
 officer who took the negro, therefore, committed a tresspass on the 
 rights of the owner, notwithstanding such officer acted in obe- 
 dionce to orders received from the General commanding the Depart- 
 ment. The Government could not give any legal authority to seize 
 such property in the absence of congres-ional authority. None such 
 existed. But the Government, in such cases, ought to protect its 
 officers acting in obedience to orders, especially, when the thing used 
 was for the benefit of the Government. 
 
3 /z™ 
 
 The Government, for the purpose of this argument, must be - sup- 
 posed to have committed the trespass on the property. The act shows 
 a conversion of the negro, and the Government is responsible for his 
 safe return to the owner. Even in the case of hiring of such pro- 
 perty, it would be the duty of the bailee to return the property at the 
 expiration of the term of hiring — if n6t returned the only excuse 
 which would prevent liability for the failure to return would be death, 
 unmixed with neglect on the part of the hiring bailee. Certainly 
 less stringency should not be applied when the property was seized 
 without the consent of the owner, and placed in the public works. 
 The owner, if the case was between individuals, might regard the 
 original taking as a conversion, and might maintain trover for the 
 value of the property thus taken. I think the owner of the negro 
 " Monk," should not be placed in a worse situation, because the claim 
 is against the Government for the damage. The Government cannot 
 be sued without its consent, and, for this reason, ought the more 
 readily do justice to its citizens. Besides this, the order issued from 
 the Adjutant General's office, pledges the Government to pay for ne- 
 groes so seized, if they escape to the enemy. I think the claim 
 should be allowed at fifteen hundred dollars. 
 
 T. II. WATTS, 
 Attorney General. 
 
 (No. 3.) 
 
 , Department of Justice, ) 
 
 February 25, 18G2. \ 
 
 Claim of ff teen hundred dollars for s!(ivc named Co>p?r, killed by bursting 
 
 of a gun. 
 
 To the Congress of the Confederate States of America : 
 
 CLAIM OF MRS. F. G. BALDWIN. 
 
 The proof shows that the negro came to his death by the bursting 
 of a cannon, on which experiments were making near Columbus, 
 Miss. The negro was at his proper place of business at the time of 
 the commencement of the experiments, and took all prudent precau- 
 tions to avoid danger. 
 
 The authorities of the Confederate States were neglectful in making 
 the experiments at such a place. The owner of the property should 
 not suffer the loss which thus accrued, by the defective construction 
 of ordnance of the Confederate States. I think the claim ought to 
 be allowed. 
 
 T. II. WATTS, 
 Attorney General. 
 
4 
 
 (No. 4.) 
 
 Confederate States of America, \ 
 
 Department of Justice, \ 
 Richmond, March 7, IS63. ) ■ 
 To the Congress of the Confederate States of America. 
 
 Frederick W. Power makes claim for damages done by Confederate 
 States Troops whilst in the occupation of his farm, in the County of 
 York, and State of Virginia. The items are: 
 
 1. Sixty acres of land in wheat which would have yielded 
 seven hundred and twenty bushels at $1.25 per bushel, 
 
 2. Seventy-five acres in corn at an average of four barrels 
 per acre, at $3 per barrel, 
 
 3. Ten acres in oats, at fifteen bushels per acre, at 50 cents 
 per bushel, 
 
 4. Twenty acres in clover, valued at, 
 
 5. Five hundred peach trees, valued at, 
 
 6. Sixteen hundred and fifty panels of chesnut fence, 
 
 7. Loss of hbgs and cattle. 
 
 8. Injury to farm by erection of fortifications, 
 
 9. Injury to houses on farm, 
 
 $5,750 0Q 
 
 After assessment of damages, as stated above, had been made by 
 persons solicited on the part of the government and the claimant, and 
 had been approved by Major Gen. J. B. Magruder, the overseer's 
 house, the negro quarters, the smoke house, corn house and kitchen, 
 on the farm, and the smoke house, stable and blacksmith shop in York- 
 town were torn down ; the farm houses for materials with which to 
 build winter quarters for our troops, and the houses in town as a pro- 
 tection to our troops; and the damage thus done is estimated at 
 twenty-one hundred dollars, $2,100 DO 
 
 In the present state of the account, and of the evidence, it is clear, 
 that the charge for " injury to houses on farm," $850, should be 
 stricken out as it is inconsistent with the subsequent charge for the 
 whole value of the houses. The other items are as well sustained as 
 a case ca.n be by general and ex parte testimony, and I allow the ac- 
 count after deducting the eight hundred and fifty dollars. The amount 
 allowed is, therefore, seven thousand dollars, $7000 00 
 
 T. II. WATTS, 
 Attorney General. 
 
 $900 
 
 00 
 
 900 
 
 00 
 
 75 
 
 00 
 
 200 
 
 00 
 
 125 
 
 00 
 
 1,650 
 
 00 
 
 550 
 
 00 
 
 500 
 
 00 
 
 850 
 
 00 
 
 (No. 5.) 
 
 Confederate States of America, } 
 
 Department of Justice, \ 
 Richmond, March 9, 1863. ) 
 To the Congress of the Confederate States: 
 
 John G. Jefferson, a citizen of Amelia county, Va., has filed in 
 this department a claim for sixteen hundred and six dollars. The 
 
items are as follows, and the venue, his farm in Greenbrier county, 
 Virginia. 
 
 1. To 45 acres of corn, 22 bushels per acre, 990 bushels, 
 at 50 cents, per bushel, 
 
 2. 5 acres of buckwheat, 30 bushels per acre, 
 
 3. 800 acres of oats in the sheaf at 30 cents, 
 
 4. 2 hay stacks, $7.50 each, 
 
 5. Corn fodder of 45 acres, 
 
 6. 10 bushels of potatoes 50 cents, 
 
 7. 9 " head of hogs," $6 per head, 
 
 8. 5 " " " $2.50, 
 
 9. 3 " " " $1.50, 
 
 10. 2 beef cattle contracted for and unpaid, $35 each, 
 
 11. Pasture of one hundred acres, 
 
 12. 5 axes and helves, 
 
 13. 600 pannels of plank' fence at 50 cents, a pannel, 
 
 14. 3 100 feet plank at saw mill, 
 
 15. Damage done rail fencing, 
 
 $1,606 00 
 
 The assessment was made by a citizen chosen on the part of claim- 
 ant, and of one Mr. Callison, (who, according to the statement of Jef- 
 ferson, had an interest in the profits,) and by an officer of the Wise 
 Legion. 
 
 The case is clearly made out, unless the assessment be rejected ; 
 but as I see no reason for such rejection, I allow the whole account. 
 I may remark, however, that it does not appear why the tenth item, 
 " two beef cattle contracted for and unpaid. $35 each," cannot be paid 
 in the usual way • but as the amount is a small one, and there may be, 
 and probably is, some good reason why it cannot be, I have thought 
 it best not to exclude it. 
 
 T. II. WATTS, 
 Attorney General. 
 
 $495 
 
 00 
 
 75 
 
 00 
 
 240 
 
 00 
 
 15 
 
 00 
 
 100 
 
 00 
 
 5 
 
 00 
 
 54 
 
 oo 
 
 12 
 
 50 
 
 4 
 
 50 
 
 70 
 
 00 
 
 150 
 
 00 
 
 5 
 
 00 
 
 300 
 
 00 
 
 40 
 
 00 
 
 40 
 
 00 
 
 (No. 6.) 
 
 Confederate States of America, ^ 
 
 Department of Justice, > 
 
 Richmond, March 9, 1S63. ) 
 
 To the Congress of the Confederate States of America: 
 
 Elisha Hundley, of Charlotte Courthouse, in the State of Virginia, 
 has tiled his claim in this department for thirteen hundred and fifty- 
 five dollars. It appears from the testimony filed with the claim, that 
 a slave named Robert belonging to said Hundley was impressed by 
 an agent of the government, and whilst being transported to Rich- 
 
'. on the Richmond and Danville Railroad, was killed by the cars 
 running off the track. It further appears that the slave was worth 
 thirteen hundred and fifty dollars, and that his owner paid five dollars 
 for his burial expenses. The agent of the government being a mere 
 tresspasser in taking the negro without the owners consent, should 
 pay him the value, and also the amount of necessary burial expi 
 J have therefore to report that his claim for thirteen hundred and fifty- 
 five ilolla rained by the evidence, and is allowed. 1 may add 
 that the liability of the railroad to pay for the damage done is a ques- 
 tion apart from the liability of the government to the owner. 
 
 T. 11. WATTS, 
 Attorney Gi /and. 
 
 (No. 7.) 
 
 Confederate States ok America, ) 
 
 Department of Justice. > 
 
 Richmond, March Ml, 1863. ) 
 
 To the Congress e>f the Confederate Stat(s: 
 
 JOHN fcURNAM, OF BOWLING GREEN, KENTUCKY. 
 
 This is a claim for damage to land situated near Bowling Green, 
 Ky. The damage was done by the troops under General Hardee's 
 command, about the first of February, 1862. The testimony filed 
 with the claim sustains it to the extent of one thousand dollars. The 
 survey of the damage was made by oiheers appointed for that purpose. 
 The return of these officers has been lost. The proof accounts for 
 the loss, and establishes that the damage was between one thousand 
 and fourteen hundred dollars. On the principle stated in letter to 
 Secretary of War, Oct. 17, 1862, on such claims, I think the govern- 
 ment resj onsible for the damage done. As it was the duty of the 
 party claiming to show the amount of damage, and he shows w to be 
 between one thousand and fourteen hundred dollars, but not showing 
 precisely what amount, only one thousand can be allow 3d. 
 
 T. 11. WATTS, 
 Attorney (>, m ral. 
 
 (No. 9.) 
 
 Confederate States of America, ) 
 
 Department of Justice, \ 
 
 Richmond, Va., March It), 1863. ) 
 
 CLAIIf OF W. S. COWARDIN.- 
 
 This is a claim for cutting down a grove of about eight acres, near 
 the city of Richmond, by order of Colonel Rhett, commanding Rich- 
 
mond defences. The claim is well sustained by the evidence, which 
 shows ihat the claimant should be paid twelve hundred and fifty dol- 
 lars ($1,250,) and I allow his claim, therefore, for that amount. 
 
 T. II. WATTS, 
 
 Attorney General. 
 
 (No. 10.) 
 
 Confederate States of America, ) 
 
 TJepartmi ' < ' /«, tice, > 
 Richmond, March 13, 1863. ) 
 To the Congress of the C<nfederate States: 
 
 The estate of Richard Raw lings, deceased ; claims twelve bund ed 
 dollars for damages done to two buildings belonging thereto, by the 
 cavalry under command of Colonel T. L. Rosser. The claim if 
 tablished by the witnesses, and is approved by Colonel Rosser; and I 
 allow it. 
 
 T. II. WA1 
 Attorney Uuxeral. 
 
 (No. 11.) 
 
 Confederate States of America, } 
 
 Department of Justice, \ 
 Richmond, March 11, 1863. S 
 
 To the Congress of the Con f derate States: 
 
 William R. Ashton, of Henrico county, Va., claims as trustee for 
 bis wife, Isabella Ashton, forty-five hundred and fifty-five dollars and 
 fifty centy, ($4,555 50,) for damages done by Confederal e States' 
 troops, whilst in the occupancy of a farm on the Mechanicsville road, 
 about four miles from Richmond; held and owned by s-aid Ashton as 
 trustee, as aforesaid. The account is a long one and includes almost 
 every item that could originate in the occupation and waste of a small 
 farm, used for the making of supplies for a city market. The testi- 
 mony offered by the claimant establishes the claim which is made; as 
 may indeed be the case in every ex parte case. Neither the character 
 nor judgment of the witnesses is known to me, and my opinion is 
 that if claims like this one are paid, without the investigation which 
 only a court can give, no system of finance will ever be alle to meet 
 the demands upon the treasury. ' 
 
 I am induced to make these remarks by the amount paid to the 
 claimant by Captain Morris, A. Q. M., after the claim was filed in 
 this department. The account filed in this department claims for the 
 use of " seven acres first crop clover, at fifty dollars per acre, three 
 
8 
 
 hundred and fifty dollars." " Crop of clover and second crop, one 
 hundred doll. In the account paid by the assistant quar- 
 
 termaster, the item is found, "to seven acres of clover taken and used 
 by th bates army, twenty dollars per acre, one hundred 
 
 and forty dollars.' 1 Of the three other items paid for by the assistant 
 quartermaster, two of them agree with the amounts charged in the 
 mt filed in this department by the claimant, viz: "To one and a 
 half stacks of old straw taken and used by the Confederate States' 
 army, for twenty dollars f 1 and to farm fencing, and yard and garden 
 enclosure taken and used as fire wood, by Confederate States* army, 
 eight hundred and seventy-five panels at ot one dollar per panel, eight 
 hun Ired and seventy-five dollars. The other item in the account as 
 paid, ten acres of wheat taken and used by the Confederate 
 
 States* army, at twenty dollars per acre, two hundred dollars;"' whilst 
 in the account filed in this department it is, '"crop of ten acres wheat, 
 three hundred dollars, ($300. ') The amount paid by the assistant 
 quartermaster, twelve hundred and thirty-five dollars, being deducted 
 from the amount originally claimed, viz: Five thousand seven hun- 
 dred and ninety dollars and fifty cents, ($5,790 5 >,) leaves amouut 
 now claimed, viz: Bour thousand five hundred and fifty-five dollars 
 and fifty cents, ($4,555 5U ) I feel constrained to advise that this 
 claim be not allowed, and that the party be left to the Court of Claims 
 when established. 
 
 T. II. WATTS, 
 Attorney General. 
 
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