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 (Communication 
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MESSAGE OF THE PRESIDENT. 
 
 Richmond, Va., April 21, 1863. 
 
 To the House of Representatives : 
 
 I herewith transmit, for your information, communications from the 
 Secretary of War and the Attorney General, in response to your 
 resolution of February 21st, enquiring " whether the Government 
 holds, or has at any time held, itself liable for the value of slaves 
 impressed by its authority and escaping to the enemy while so im- 
 pressed, and whether the owners of such slaves have been paid." 
 
 Whether the liability of the Government shall be extended to such 
 cases is a question to be determined, not by the Executive, but by 
 Congress. 
 
 •JEFFERSON DAVIS. 
 
 COMMUNICATION FROM THE SECRETARY OF WAR. 
 
 Confederate States of America, V 
 
 War Department, \ 
 
 Richmond, Va., April 18, 1863. ) 
 
 To the President of the Confederate States : 
 
 Sir: In compliance with a resolution of the House of Represen- 
 tatives requesting to be informed whether the Government holds, or 
 has at any time held, itself liable for the value of slaves impressed by 
 its authority and escaping to the enemy while so impressed, and 
 whether the owners of such slaves have been paid ; and also, calling 
 for the correspondence, if any, on the subject between the Secretary 
 of War, the Adjutant General, the Quartermaster General, the Engi- 
 neer Bureau, and the Attorney General, I have the honor to submit, 
 
 1. The copy of an order issued from the office of the Adjutant and 
 Inspector General the 18th March, 1862. 
 
 2. A report of the Quartermaster General, enclosing an opinion 
 of the Attorney General. 
 
 3. A report of the Chief of the Bureau of Engineers. 
 
 There have been a few cases of claim under these orders, some of 
 which have been settled. 
 
The Department, latterly, has doubted whether it was authorized to 
 take such obligations upon itself, and has declined to do so in its cor- 
 respondence with the Governor of South Carolina relative to an act 
 of the Legislature of that State that imposed a similar obligation upon 
 the Confederate Government for slaves that might be called into the 
 public service. A copy of the correspondence is herewith submitted. 
 Very respectfully, your obedient servant, 
 
 JAMES A. SEDDON, 
 
 Secretary of War. 
 
 Adjutant and Inspector General's Office, > 
 Richmond, March 19, 1862. > 
 
 It is necessary for the War Department to impress slaves and free 
 negroes, preferably the latter, for service as teamsters and carpenters 
 in the Quartermaster's Department of the Confederate army. The 
 bearer hereof, Mr. J. A. Clayton, is hereby directed to call upon the 
 citizens of Madison, Green and Albemarle counties, in Virginia, for . 
 male slaves or free negroes, between the ages of 16 and 50, for the 
 above purpose to the number of 240. The negroes will be paid for 
 at the rate of $30 for mechanics, $20 for teamsters and $15 for 
 laborers per month each, and receive an ample supply of provisions, 
 the money to be paid by the Quartermaster's Department to their 
 masters promptly at the places where they may work. Payment will 
 be made personally to the free negroes, or to such agents as may be 
 legally authorized by them. The cost of transportation to be paid by 
 the government, the agent will collect the negroes, and a fair com- 
 pensation will be paid him for the trouble by the Quartermaster's De- 
 partment. 
 
 The agent, Mr. J. A. Clayton, is authorized to give receipts for 
 the negroes, and from the dates of said receipts the government of 
 the Confederate States will be responsible for the slaves according to 
 the laws of Virginia, with the additional responsibility for their value 
 should they escape to or be injured by the enemy. 
 
 These negroes will be sent to the nearest wharves or railroad depots, 
 in accordance to instructions to be given by the agent. Cost of trans- 
 portation will be paid upon the production of evidence signed by the 
 agent, that it has been furnished. 
 
 By order of the Secretary of War. 
 
 (Signed,) S. COOPER, 
 
 Adjutant and Inspector General. 
 
 War Department, ) 
 
 Adjutant and Inspector General' s Office, > 
 
 Richmond, Va., 18th March, 1862. ) 
 
 It is necessary for the War Department to impress slaves and free 
 negroes to extend and- complete the fortifications for the protection of 
 the country. 
 
The citizens of county are therefore called upon to 
 
 send forthwith one- half of their male slaves between the ages of six- 
 teen and fifty, to execute this work on the Peninsula. The negroes 
 will be paid for at the rate of ten dollars per month each, and receive 
 an ample supply of provisions ; the money to be paid by the engineer 
 department to their masters promptly, at the places where they may 
 work. Payment will be made personally to the free negroes, or to 
 such agents as may be legally authorized by them ; the cost of trans- 
 portation to be paid by the government. The sheriffs of the counties 
 will collect the free negroes and turn them over to the- government 
 agents at any place in the county designated by the latter, and a fair 
 compensation will v be allowed the sheriff by the engineer department 
 for his trouble, upon the production by him of a receipt from the 
 agent acknowledging the delivery of the free negroes. 
 
 The bearer of this is authorized to give receipts 
 
 for the negroes, slave and free ; and from the dates of said receipts 
 the government of the Confederate States will be responsible for the 
 slaves according to the laws of Virginia, with the additional responsi- 
 bility for their value, she uld they escape to or be injured by the enemy. 
 These negroes will be sent to the nearest wharves or railroad depots, 
 in accordance with instructions to be given by the <<gent. Cost of 
 transportation will be paid upon the production of evidence signed by 
 the agent that it has been furnished. 
 
 In order to facilitate the collection of the negroes, the government 
 agent may appoint sub-agents from among the owners of slaves in the 
 counties called upon, two of whose negroes will be released as com- 
 pensation for their labor. 
 
 LETTER FROM THE QUARTERMASTER GENERAL. 
 
 Confederate States of America, 1 
 
 Quartermaster General's Office, > 
 
 Richmond, April 3, 1863. ) 
 
 Hon. James A. Seddon, 
 
 Secretary of War : 
 
 Sir: I have the honor to acknowledge your reference to' this office 
 of a copy of the following resolution of the House cf Representatives, 
 passed February 21, 1 >» 6 3 : 
 
 " Resolved, That the President be requested to inform this House 
 whether the Government holds, or has at any time held, itself respon- 
 sible for the value of slaves impressed by its authority and escaping 
 to the enemy while so impressed, and whether the owners of such 
 slaves have been paid; also, the correspondence, if any, between the 
 Secretary of War, * * * * the Quartermaster General, * * 
 * * and the A a rney General." 
 
 In response to this resolution, so far as the action of this depart- 
 
ment is involved, I respectfully report that the question of this 
 liability was incidentally raised by a communication, I had the honor 
 to address to the Secretary of War, on the 22d of November, 1861, 
 which was referred to the Attorney General for his opinion, a copy of 
 which is herewith transmitted. 
 
 It will be perceived that the Attorney General decided that this 
 question of responsibility was one of policy,, which addressed itself to 
 the law-making power alone, and, in the absence of legislation, by 
 Congress. Upon the subject this department has uniformly deter- 
 mined that a responsibility for the value of impressed slaves could 
 not be admitted, and in no instance has the payment of compensation 
 for their loss been authorized. 
 
 During the occupation .of the Peninsula, the quartermaster of 
 General Magruder's command, acting, it was understood, by his 
 order, advertised for a number of slaves, and offered a guaranty of 
 compensation for their value in case of their loss or capture by the 
 enemy. So soon as this advertisement was brought to my attention, 
 I directed that the proifer of such guaranty should be withdrawn. It 
 is not improbable, however, that in the meantime some slaves were 
 hired under the belief by the owners that in case of their loss or cap- 
 ture by the enemy, the Government would be responsible for their 
 values. 
 
 Subsequently, on the 19th of March, 1862, an order from the 
 Adjutant General's office directed a special agent to obtain from the 
 Counties of Madison Greene and Albemarle, in Virginia, a number of 
 elaves for the public service, and authorized him to give receipts for 
 the negroes with the guaranty that " from the date of the receipts the 
 Government of the Confederate States will be responsible for the 
 slaves according to the laws of Virginia, with the additional responsi- 
 bility for their value should they escape to, or be captured by, the 
 enemy." 
 
 I have the honor to transmit copies of that order and of the 
 endorsement thereon, which was submitted by me to the Secretary of 
 War. No special instructions w.ere, however, sent to this office, and 
 in their absence, I have adhered to the course hitherto pursued, and 
 have, in no instance, authorized the payment of the values of slaves 
 hired or impressed by the Government when lost by escape to, or 
 capture by, the enemy. 
 
 The foregoing statement comprises all the information afforded by 
 the files of this office in regard to the inquiry contained in the reso- 
 lution of the House of Representatives. 
 
 Very respectfully, your obedient servant, 
 
 A. C. MYERS, 
 Quartermaster General. 
 
LETTER OF ATTORNEY GENERAL. 
 
 Confederate States of America, } 
 
 Department of Justice, > 
 
 Richmond, March 14th, 1863. ) 
 
 Mr. President : I have the honor to reply to your letter of the 24th 
 ultimo, calling my attention to a resolution of the House of Repres- 
 entatives, requesting the President to inform the House " whether 
 the government holds, or has at any time held, itself liable for the 
 value of slaves impressed by its authority and escaping to the enemy, 
 while so impressed ; and whether the owners of such slaves have been 
 pai<J; also, the correspondence, if any, on this subject, between the 
 Secretary of War, the Adjutant General, the Quartermaster General, 
 the Engineer Bureau, and the Attorney General." 
 
 The only correspondence, between the Attorney General and either 
 of the officers named in the resolution which touches the question 
 presented, is herewith enclosed marked exhibit " A." I have had 
 occasion, in determining the validity of claims, filed in this office, to 
 discuss, in a report, I had the honor to make on the 23d of February 
 to Congress, to express my opinion as to the liability of the Govern- 
 ment in one case then before me. I herewith send a copy of that 
 report, maked exhibit u B." ■ 
 
 Whether the doctrine therein announced meets your approbation, I 
 do not know. I have investigated the subject with some care, and 
 believe that my opinion is well fortified by an unbroken chain of 
 judicial decisions. There is one view I ought to present, which is not 
 discussed in the report made to Congress. It was unnecessary to dis- 
 cuss it therein, owing to the order from the Adjutant General's office, 
 pledging the government to indemnify the owner of the slave for I033 
 accruing by the escape of the slave. The view is this, although the 
 agents of the government, in making the impressment, ( in the absence 
 of a law,) according to strict principles, may be trespassers, yet the 
 reception of hire from the Government for the slave, by the owner, 
 may be considered as a waiver of the trespass. Between individuals, 
 when one commits a trespass on the other's -property, this would un- 
 questionably be true. When this waiver is established, the owner 
 of the property could not afterwards hold the other party liable for the 
 original wrongful taking. The trespass would thus be merged into a 
 contract of hiring. The ordinary principles, governing bailor and 
 bailee, would then apply. The bailee would not then be responsible 
 for any damage to, or loss of, the property unless such damages or loss 
 could be attributed to some neglect or wrongful act of the bailee. If 
 the escape of the slave to the enemy could not be attributed to want 
 of care, or the neglect or some wrongful act of the bailee, ho would 
 not be responsible for such escape. But how far the government would 
 adopt these principles in dealing with its own citizens, when its agents 
 (without any law, authorizing them,) take, impress the slaves, in the 
 first instance, without express or presumed consent of the owner, and 
 afterwards pay the owner hire for the slaves so impressed, is, perhaps, 
 more a question for the legislative than the executive department of 
 
6 
 
 the government. I have not had occasion to express an opinion on 
 the subject in any official capacity. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 T. H. WATTS, 
 Attorney General. 
 
 [EXHIBIT A.] 
 
 Department of Justice, Richmond, 25th Nov., 186!. 
 
 Hon. J. P. Benjamin, 
 
 Secretary of War : 
 
 Sir : I have the honor to acknowledge the receipt of the letter of A. 
 C. Myers, Quartenraster General, addressed to the Secretary of War, 
 accompanied by accounts of W. F. Fitchue, for arresting fugitive 
 slaves, and Captain W. J. Marshall, for bringing the said slaves from 
 the eastern shore qf Virginia to Gloucester Point, where they had 
 been in the employment of the government, upon a contract of hiring 
 with the owner, and from which the'y escaped to the eastern shore. 
 The charge made by Fitchue is the reward allowed by the law of 
 Virginia for the apprehension of fugitive slaves and their delivery to 
 their owner or agent. And that made by Captain Marshall, is what 
 he considers a fair compensation, under the circumstances, for his risk 
 and trouble in returning the •slaves to Gloucester Point. 
 
 The papers are referred by you to this office, for my opinion, as to 
 the liability of the Government. 
 
 It seems to be clear that the government is not legally bound to pay 
 these charges. Legally speaking, it occupies the same relation to the 
 owner of the slaves that any individual hirer would have sustained to 
 •him, and in such case, by the local law, an extract of which is given 
 in the letter of the Quartermaster General, the hirer would not be 
 liable. Similar laws doubtless exist in every State of the Confeder- 
 acy. It may be said, also, that it was. in the power of the owner to 
 protect himself by the terms of the contract of hiring. 
 
 It is suggested, in the letter of the Quartermaster General, as a 
 fiubject worthy of consideration, whether as a measure of policy, the 
 government should avail itself of the exemption given by law, in this 
 
 - and similar cases. He also refers to cases, likely to arise, of slaves 
 impressed into the public service by the government without the con- 
 
 » cent of their owner, and which may be lost by reason of their abscond- 
 ing. 
 
 As a matter of policy, I think it would be well for the government 
 to pay the expense of recapturing slaves who have, .heretofore, es- 
 
 - caped, whether in the service of ^he government, under a contract of 
 hiring or by impressment, unless, in the case of hiring, the risk had 
 been agreed to be incurred by the owner. 
 
 In all future cases of hiring, the owner may be well left to protect 
 
himself against the risk of loss by escape, by the terms of his contract 
 of hiring. 
 
 In cases of impressment of slaves, and the facilities for escaping 
 being thereby increased, policy would also seem to require that the 
 government should pay to the owner the value of the slave, when es- 
 caping to the enemy. 
 
 But these are all questions of policy, addressing themselves to the 
 law-making power, and, as Congress is now in session, it will be better 
 to submit them to that body. 
 
 In my reply to your communication of the 22d instant, I have al- 
 ready stated the liability of the government for property usually hired 
 or impressed, and that I thought the same rules should, by analogy, 
 be adopted, as to slave property, with, perhaps, the qualification stated. 
 
 Further than that, I do not feel prepared to advise the adoption of 
 any rule by your department, but that Congress be requested to leg- 
 islate on the subject. 
 
 I return, herewith, the papers sent me. 
 
 Very respectfully, your obedient servant, 
 (Signed,) THOS. BBJCGG 
 
 (EXHIBIT B. 
 
 CLAIM OF HORACE MITCHELL. 
 
 It is shown that the negro slave Monk was impressed, by order of 
 General Magruder, to work on fortifications on the Peninsula. Whilst 
 thus engaged, the negro left, and the presumption 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 trespass on the 
 rights of the owner ; notwithstanding such officer acted in obedience 
 to orders received from the General commanding the department. 
 The government could not give any legal authority to seize such 
 property, in the absence of congressional authority. None such 
 existed. But the government, in such cases, ought to protect its 
 officers, acting in obedience to orders, especially when the thing uso'J 
 was for the benefit of the government. 
 
 The government, for the purpose of this argument, must be sup- 
 posed to have committed the trespass on the property. The act showa 
 a conversion of the negro, and the government is responsible for his 
 safe return to the owner. Even in the case of hiring such property, 
 it would be the duty of the bailee to return the property, at the 
 expiration of the term "of hiring ; if not 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. Cer- 
 tainly less stringency should not be applied, when the property was 
 seized, without the consent of the owner and placed in the public 
 
6 
 
 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 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 govenment 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 Adju- 
 tant General's office, pledges the government to pay for negroes so 
 seized, if they escape to the enemy. I think the claim should be 
 allowed at fifteen hundred dollars. 
 
 (Signed,) T. H. WATTS, 
 
 Attorney General. 
 
 Department of Justice, > 
 Richmond, Va., November 25, 1861. > 
 
 Hon. J. P. Benjamin, 
 
 Secretary of War : 
 
 Sir : I have the honor to acknowledge the receipt of the letter of 
 Colonel A. C. Myers, Quartermaster General, addressed to the Secre- 
 tary of War, accompanied by accounts of W. F. Fitchue, for arresting 
 fugitive slaves, and of Captain W. J. Marshall, for bringing said 
 slaves eastern shore of Virginia to Gloucester Point, where they had 
 been in the employmelit of the Government, upon a contract of hiring 
 with the owner, and from which they escaped to the eastern shore. 
 The charge made by Fitchue is the reward allowed by the law of 
 Virginia for the apprehension of fugitive slaves, and their delivery to 
 their owner or agent ; and that made by Captain Marshall is what he 
 considers a fair compensation, under the circumstances, for his risk 
 and trouble in returning the slaves to Gloucester Point. 
 
 The papers are referred by you to this office, for my opinion as to 
 the liability of the Government. 
 
 It seems to be clear that the Government is not legally bound to 
 pay these charges. Legally speaking, it occupies the same relation 
 to the owner of the slaves that any individual hirer would have sus- 
 tained to him, and, in such ease, by the local law, an extract from 
 which is given in the letter of the Quartermaster General, the hirer 
 would not be liable. Similar laws doubtless exist in every State of 
 the Confederacy. It may be said, also, that it was in the power of 
 the owner to protect himself by the terms of th-e contract of hiring. 
 
 It is suggested, in the letter of the Quartermaster General, as a 
 subject worthy of consideration, whether, as a measure of policy, the 
 Government should avail itself of the exemption given by law in this 
 and similar cases. He also refers to cases likely to arise of slaves 
 impressed into the public service by the Government, without the 
 consent of the owner, and which may be lost by reason of their 
 absconding. 
 
9 
 
 i 
 
 As a matter of policy, I think it would be well for the Government 
 to pay the expenses of recapturing slaves who have heretofore escaped, 
 whether in the service of the Government under a contract of hiring, 
 or by impressment, unless in the case of hiring, the risk had been 
 agreed to be incurred by the owner. 
 
 In all future cases of hiring, the owner may be well left to protect 
 himself against the risk of ldss by escape, by the terms of his contract 
 of hiring. 
 
 In cases of impressment of slaves, and the facilities for escaping 
 being thereby increased, policy would also seem to require that the 
 Government should pay to the owner the value of the slave when 
 escaping to the enemy. 
 
 But these are all questions of policy, addressing themselves to the 
 law-making power; and, as Congress is now in session, it will be 
 better to submit them to that body. 
 
 In my reply to your communication of the 22d instant, I have 
 already stated the liability of the Government for property usually 
 hired or impressed, and that I thought the same rules, should, by 
 analogy, be adopted as to slave property with, perhaps, the qualifica- 
 tion stated. 
 
 Further than that, I do not feel prepared to advise the adoption of 
 any rule by your Department, but that Congress be requested to 
 legislate on the subject. 
 
 I return herewith the papers sent to me. 
 
 (Signed,) THOMAS BRAGG. 
 
 REPORT OF CHIEF OF BUREAU OF ENGINEERS. 
 
 Confederate States of America, } 
 
 War Department, Engineer Bureau. \ 
 Richmond, Va., March 9th, 1863. ) 
 Hon. James A. Seddon, 
 
 Secretary of War : 
 
 Sir : In response to the resolution of the House of Representatives, 
 of the 21st ultimo, requesting the President to inform them "whether 
 the government holds, or has at any time held, itself liable for the 
 value of slaves impressed by its authority, and escaping to the enemy, 
 while so impressed ; and whether the owners of such slaves have been 
 paid : also, the correspondence, if any, on this subject between the 
 Secretary of War, the Adjutant General, the Quartermaster General, 
 the Engineer Bureau and the Attorney General," I have the honor to 
 report : 
 
 1st. That when slaves are received into the service of the Confed- 
 erate States, under the act of the Virginia Legislature, passed Octo- 
 ber 3, 1862, the government holds itself liable for the value of those 
 that may escape to the enemy, from " a want of due diligence on the 
 part of the authorities of the Confederate States." 
 
10 
 
 2d. That this bureau has not paid the owners, for any slaves that 
 have escaped to the enemy, while employed on works under its di- 
 rection. 
 
 3d. That this Bureau has had no correspondence on this subject. 
 Very respectfully, your obedient servant, 
 
 J. F. GILMER, 
 Colonel Engineers and Chief of Engineer Bureau. 
 
 Quartermaster General's Office, > 
 Richmond, April 12, 1862. ] 
 
 The Secretary of War : 
 
 I respectfully submit the enclosed letter of authority, from the 
 Adjutant and Inspector General, with the following remarks : 
 
 The agent thus appointed is authorized to receipt for the slaves he 
 may impress, and from the date of the receipts the government is 
 pledged to be "responsible for the slaves according to the laws of Vir- 
 ginia, with the additional responsibility for their value should they 
 escape to or be injured by the enemy." 
 
 I applied to the late (Secretary of War for instructions as to the 
 responsibility of the government for the value of the impressed slaves 
 who might be captured. Upon a reference of the question to the 
 Attorney General, he gave an opinion to the effect, that while it was 
 the policy of the government to assume thi3 responsibility, still it was 
 a question of policy which should be submitted to Congress for its 
 action. 
 
 This opinion was communicated to me by the Secretary as an 
 answer to my application for instructions. It has, therefore, been 
 regarded as controlling the action of the quartermaster department 
 in such cases. 
 
 The letter of the Adjutant General renders it necessary that I 
 should receive instructions, whether I am still to be governed by the 
 opinion of the Attorney General, or shall recognize contracts of in- 
 demnity, or insurance to be made by this or other agents, who may 
 receive similar, authority. If the latter, I respectfully suggest that 
 some mode of appraisement of the value of impressed slaves, should 
 be adopted promptly. 
 
 (Signed,) A. C. MYERS, 
 
 Quartermaster General. 
 
11 
 
 CORRESPONDENCE BETWEEN THE GOVERNOR OF SOUTH 
 CAROLINA AND WAR DEPARTMENT. 
 
 State of South Carolina, ^ 
 
 Executive Office, > 
 Columbia, January 5, 1863. ) 
 To Hon. James A. Seddon, 
 
 Secretary of War: 
 Sir : I had the honor of transmitting to you on the 30th December, 
 a copy of an act passed by the Legislature of this State, at its recent 
 session, entitled " An Act to organize and supply negro labor for 
 coast defense, in compliance with requisitions of the Confederate gov- 
 ernment," and of requesting an expression of assent or dissent to the 
 provisions of the said act on the part of the government. 
 
 Referring to the third section of the said act, I beg leave to renew 
 the request made in my last communication on this subject, and am, 
 With great respect, your obedient servant, 
 (Signed,) M. L. BONHAM. 
 
 Confederate States of America, } 
 War Department, > 
 Richmond, Va., Jan. 8, 1863. ) 
 His Excellency, M. L. Bonham, 
 
 Governor of South Carolina, Columbia, S. C. : 
 Sir : I have the honor to acknowledge the receipt of your letter 
 enclosing a copy of an act of the Legislature of South Carolina, in 
 reference to the organization of negro labor for coast defence. 
 
 The Department considers the proposed system for the employment 
 of slaves well arraigned and judicious, and approves highly of the 
 action of the Legislature; but there is one provision of the law, viz : 
 that which requires payment for slaves who escape to, or are captured 
 by the enemy, with regard to which, the Department does not feel 
 authorized to take any action, as Congress alone can provide for such 
 payment. 
 
 With high consideration and regard, 
 
 Your obedient servant, 
 (Signed,) JAMES A. SEDDON, 
 
 Secretary of War. 
 
 State of South Carolina, > 
 Headquarters, Columbia, January 15, 1863. ) 
 Hon. James A. Seddon, 
 
 Secretary of War, Richmond, Va. : 
 Sir : I have the honor to acknowledge the receipt of your letter of 
 
12 
 
 the 8th instant, in reference to an act of the Legislature, for the supply 
 of negro labor for coast defence. 
 
 Please let me know if it is probable Congress will take any action 
 on the subject of payment for slaves who escape to, or are captured 
 by the enemy, as provided in our negro labor act. Is the matter to 
 be brought to their attention. 
 
 I am, sir, with great respect, your obedient servant, 
 (Signed,) M. L. BONHAM. 
 
 Confederate States of America, J 
 War Department, > 
 Richmond, Va., Jan. 26, 1863. ) 
 His Excellency, M. L. Bonham, 
 
 Governor of South Carolina, Columbia, S. C. : 
 Sir : I have the honor to inform you that I have submitted to the 
 Military Committee of the House of Representatives, for such action 
 as may be deemed expedient, copies of the act of the Legislature of 
 South Carolina for the supply of negro labor for coast defence, and of 
 the correspondence between your Excellency and the Department on 
 the subject. 
 
 Very respectfully, your obedient servant, 
 (Signed,) JAMES A. SEDDON, 
 
 Secretary of War. 
 
 State of South Carolina, > 
 
 Headquarters, Columbia, February 8, 1863. $ 
 Hon. James A. Seddon, 
 
 Secretary of War: 
 Sir : I have the honor to enclose a copy of the act amending the 
 negro labor law, of December, waiving the condition of the first. 
 
 On your assent to the other terms of the act, which please signify 
 at once, I will have the labor which General Beauregard requires, 
 furnished as soon as possible. 
 
 I am-, sir, very respectfully, your obedient servant, 
 (Signed,) M. L. BONHAM. 
 
 AN ACT to amend an act, entitled " an act to organize and supply 
 negro labor for coast defence, in compliance with requisitions of the 
 government of the Confederate State3 ; and to authorize and direct 
 the Governor to proceed to furnish negro labor under said act. 
 Section 1. Be it enacted by the Senate and House of Representatives, 
 now met and sitting in General Assembly, and by the authority of the 
 same, That an act, entitled " an act to organize and supply negro 
 
13 
 
 labor for coast defence, in compliance with requisitions of the gov- 
 ernment of the Confederate States," passed on the 18th day of 
 December, Anno Domini, eighteen hundred and sixty-two, be, and 
 the same is hereby amended, and that the State agent, appointed un- 
 der the fourth section of said act, shall have the power, and is hereby 
 authorized to appoint, with the approval of the Governor, such num- 
 ber of assistant agents as, in his judgment, may be necessary to ena- 
 ble him to execute the provisions of the sixth section of said act, and 
 as a compensation for their services while so employed, they shall be 
 entitled to receive two dollars per diem. 
 
 Sec. 2. That the eleventh section of said act be so amended, that 
 instead of the fines and penalties therein imposed upon such owners 
 of slaves as shall neglect or refuse to send their slaves, according to 
 the requirments of said act, such defaulters shall be liabh to a fine 
 of one and a half dollars per diem for each slave, for the time they 
 shall be liable to send such slaves, to be imposed and collected by the 
 commissioners of roads in the district where such default has been 
 made, in the manner now provided by law for default in the perfor- 
 mance of said duty. 
 
 Sec 3. That the Governor be, and is hereby authorized and directed 
 to proceed to furnish negro labor to the Confederate government un- 
 der said act, notwithstanding said government has not, through the 
 proper officer, authorized thereto, assented and agreed to the provi- 
 sions -contained in said act, declaring said government liable to the 
 owner for any loss or damage of or to the slave or slaves, during his 
 or their service : Provided, however, That the State does not by this 
 act waive the right to insist upon such liability, as well as all the 
 provisions of said act, and the amendments thereto, and he is hereby 
 directed to take such proceedings as he may deem necessary and pro- 
 per, to bring said provisions to the notice of the Congress of the 
 Confederate States, and procure their assent to all its terms and con- 
 ditions. 
 
 In the Senate House the 6th day of February, in the year of our 
 Lord, one thousand eight hundred and sixty-three, and in the eighty- 
 seventh year of the sovereignty and independence of the State of 
 South Carolina. 
 
 <Signed,) M. D. PORTER, President of Senate. 
 
 (Signed,) A. P. ALDRUT, Speaker of House of Rep. 
 
 I certify that the foregoing is a correct copy of the act now on file 
 in the Secretary of State's office. 
 
 (Signed,) B. F. ARTHUR. 
 
 Confederate States of Aeerica, ^ 
 
 War Department, \ 
 Richmond, Va., February 14, 1863. ) 
 His Excellency, M. L. Bonham. 
 
 Governor of South Carolina, Colunbia, S. C, 
 
 Sir : I have the honor to acknowledge the receipt of your letter 
 of the 8th inst., enclosing a copy of the act of the South Carolina 
 
14 
 
 Legislature, amending the negro labor law, passed in December, and 
 waiving the condition in the first act 
 
 The department is much gratified by the prompt and satisfactory 
 action of the Legislature, and hereby signifies its acceptance of the 
 
 law as now passed. « 
 
 With high regard and respect, your obedient servant, 
 
peRmAliPe® 
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