Confederate Congress.
Tuesday, Sept. 30th, 1862.
Senate.--The Senate met at 11 o'clock A. M.
Mr. Hill offered a resolution prohibiting the seizure of private property for private uses by Confederate or State laws, &c.
Mr. Hill explained that the intention of the resolution was to protect the rights of companies from other States engaged in the manufacture of salt in Virginia.
The State of Virginia, through the Legislature, had authorized the Governor to seize salt works of companies from Georgia.
If the State bad a right to seize the kettles and salt pans of these companies they had an equal right to seize the negroes engaged at the works.
A proposition had recently been offered in the Virginia Legislature, to protect these citizens from other States, and a counter proposition offered to disregard the contracts even of the States, in a certain contingency.
After some explanation by Messrs. Hunter and Preston, Mr. Hill withdrew his resolution.
Mr. Sparrow, from the Military Committee, reported a House bill to repeal an act authorizing commutation for soldiers' clothing, and to require clothing to be furnished by the Secretary of War.--Passed.
Mr. Brown, from the Naval, Committee, reported a joint resolution of thanks to Lieut. J. N. Brown and all of his command.
Adopted.
Mr. Hill, from the Judiciary Committee, reported a House bill so authorize Judges of District Courts to change the places of holding Courts, in certain cases.
Passed.
On motion of Mr. Phelan, the bill to ‘"organize Military Courts to attend the army of the Confederate States in the field, and to define the power of said Courts,"’ reported by Mr. Hill from Committee on the Judiciary, was taken up.
The bill is as follows: ‘
- Sec. 1. The Congress of the Confederate States of America do enact That courts shall be organized, to be known as Military Courts, one to attend each army corps in the field, under the direction of the President. Each court shall consist of three members, two of whom shall constitute a quorum, and each member shall be entitled to the rank and pay of a colonel of cavalry, shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office during the war, unless the court shall be sooner abolished by Congress. For each court there shall be one judge advocate, to be appointed by the President, by and with the advice and consent of the Senate, with the rank and pay of a captain of cavalry, whose duties shall be as prescribed by the rules and articles of war, except as enlarged or modified by the purposes and provisions of the act, and who shall also hold his office during the war, unless the court shall be sooner abolished by Congress.
- Sec. 2. Each court shall have the right to appoint a Provost Marshal to attend its sittings and execute the orders of the court, with the rank and pay of a captain of cavalry; and also a clerk, who shall have a salary of $125 per month, who shall keep a record of the proceedings of the court, and shall reduce to writing the substance of the evidence in each case, and file the same in court. The Provost Marshal and the clerk shall hold their offices during the pleasure of the court. Each member and officer of the court shall take an oath well and truly to discharge the duties of his office to the best of his skill and ability, without fear, favor, or reward, and to support the Constitution of the Confederate States. Each member of the court and the clerk shall have the power to administer oaths.
- Sec. 3. Each court shall have power to adopt rules for conducting business, and for the trial of causes, and to enforce the rules adopted, and to punish for contempt, and to regulate the taking of evidence, and to secure the attendance of witnesses, and to enforce and execute its orders, sentences, and judgments; as in cases of courts martial.
- Sec. 4. The jurisdiction of each court shall extend to all offences now cognizable by courts martial under the rules and articles of war and the custom of war, and also to all offences defined as crimes by the laws of the Confederate States, or of the several States, and when beyond the territory of the Confederate States, to all cases of murder, manslaughter, arson, rape, robbery, and larceny, as defined by the common law, when committed by any private or officer in the army, or against the property or person of any citizen or other person not in the army: Provided, said courts shall not have jurisdiction of offenders above the grade of Colonel. For offences cognizable by courts martial, the court shall, on conviction, inflict the penalty prescribed by the rules and articles of war in the manner and mode therein mentioned; and for offences not punishable by the rules and articles of war, but punishable by the laws of the Confederate States, said court shall inflict the penalties prescribed by the laws of the Confederate States; and for offences against which penalties are not prescribed by the rules and articles of war, nor by the laws of the Confederate States, but for which penalties are prescribed by the laws of a State, said court shall inflict the punishment prescribed by the laws of the State in which the offence was committed: Provided, That in cases in which by the laws of the Confederate States, or of the State, the punishment is by fine or by imprisonment, or by both, the court may, in its discretion, inflict any other punishment less than death; and for offences defined as murder, manslaughter, arson, rape, robbery, and larceny by the common law, when committed beyond the territorial limits of the Confederate States, the punishment shall be in the discretion of the court.
- Sec. 5. Said courts shall attend the army, shall l ve appropriate quarters within the lines of the army, shall be always open for the transaction of Business, and the final decisions and sentences of said courts on convictions shall be subject to review, mitigation and suspension, as now provided by the rules and articles of war in cases of court-martial.