Diary of John Beauchamp Jones: February 2, 1865

Bright and beautiful, and pleasantly frosty. Gen. Sherman is advancing as usual in such dubiety as to distract Gen. Hardee, who knows not whether Branchville or Augusta is his objective point. I suppose Sherman will be successful in cutting our communications with the South—and in depreciating Confederate States Treasury notes still more, in spite of Mr. Trenholm's spasmodic efforts to depreciate gold.

Yesterday the Senate passed a bill dropping all commissaries and quartermasters not in the field, and not in the bureaus in Richmond, and appointing agents instead, over 45 years of age. This will make a great fluttering, but the Richmond rascals will probably escape.

Military men here consider Augusta in danger; of course it is! How could it be otherwise?

Information from the United States shows that an effort to obtain "peace" will certainly be made. President Lincoln has appointed ex-Presidents Fillmore and Pierce and Hon. S. P. Chase, commissioners, to treat with ours. The two first are avowed "peace men;" and may God grant that their endeavors may prove successful! Such is the newspaper information.

A kind Providence watches over my family. The disbursing clerk is paying us "half salaries" to-day, as suggested in a note I wrote the Secretary yesterday. And Mr. Price informs me that the flour (Capt. Warner's) so long held at Greensborough has arrived! I shall get my barrel. It cost originally $150; but subsequent expenses may make it cost me, perhaps, $300. The market price is from $800 to $1000. I bought also of Mr. Price one-half bushel of red or "cow-peas" for $30; the market price being $80 per bushel. And Major Maynard says I shall have a load of government wood in a few days!

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 406-7

Diary of John Beauchamp Jones: December 17, 1864

Warm and cloudy.

Quiet below.

The President was reported better, yesterday, to my wife, who called.

It is said Gen. Cooper, R. Ould, etc. etc. have never taken their compensation in Confederate States Treasury notes, hoping at a future day (which may not come) to draw specie or its equivalent!

It was reported on the streets, to-day, that the President was dead. He is much better; and will probably be at his office today.

The following telegram was sent over by the President this morning:

"SAVANNAH, GA., December 16th, 1864.—Sherman has secured a water base, and Foster, who is already nearly on my communications, can be safely and expeditiously reinforced. Unless assured that force sufficient to keep open my communications can be sent me, I shall be compelled to evacuate Savannah.—W. J. HARDEE, Lieut.-Gen."

Alas for President Davis's government! It is now in a painful strait. If reinforcements be sent from here, both Savannah and Richmond may fall. Gen. Bragg will be crucified by the enemies of the President, for staying at Augusta while Sherman made his triumphant march through Georgia; and the President's party will make Beauregard the scape-goat, for staying at Charleston for sending Hood North—which I am inclined to think he did not do, but the government itself.

Capt. Weiniger (government clothing warehouse) employs about 4000 females on soldiers' clothes.

Some people still believe the President is dead, and that it is attempted to conceal his death by saying he is better, etc. I saw his indorsements on papers, to-day, dated the 15th, day before yesterday, and it was a bold hand. I am inclined almost to believe he has not been sick at all! His death would excite sympathy and now his enemies are assailing him bitterly, attributing all our misfortunes to his incompetence, etc. etc.

SOURC E: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 356-7

Diary of John Beauchamp Jones: September 28, 1864

Bright; subsequently cloudy and warm rain.

Staunton was entered by the enemy's cavalry on Monday afternoon.

We have no news whatever to-day from any quarter. But the deep booming of cannon is still heard down the river, foreboding an awful conflict soon.

I saw three 10-inch Columbiads at the Petersburg depot to-day; they are going to move them toward Petersburg, I believe.

Gold is thirty for one to-day, and still rising, Forrest's exploit having done nothing to revive confidence in Treasury notes here.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 294

Diary of John Beauchamp Jones: April 3, 1864

The snow has disappeared; but it is cloudy, with a cold northwest wind. The James River is very high, and all the streams are so much swollen that no military operations in the field are looked for immediately. It is generally believed that Grant, the Federal lieutenant-general, will concentrate an immense army for the capture of Richmond, and our authorities are invoked to make the necessary dispositions to resist the attempt.

The papers contain a supplemental proclamation of President Lincoln, and understand it to be merely an electioneering card to secure the Abolition vote in the convention to nominate a candidate for the Presidency. If it does not mean that, its object must be to induce us to send an army North to burn and pillage, so that the Federal authorities may have a pretext to raise new armies, and prosecute the war, not for the Union, but for conquest and power.

Custis and I received yesterday $500 in the new Treasury notes, but we had to pay $16 for two pounds of bacon. So no diminution of prices is yet experienced. It is now a famine, although I believe we are starving in the midst of plenty, if it were only equally distributed. But the government will not, it seems, require the railroads to bring provisions to the exclusion of freight for the speculators. Certain non-combating officers of the government have abundance brought them by the Southern Express Co., and the merchants have abundance of goods brought hither by the same company for the purposes of speculation. Well, we shall see the result! One is almost ready to believe that the government declines to fill the depots here, harboring the purpose of abandoning the city. That would be abandonment of the cause. Nearly all who own no slaves would remain citizens of the United States, if permitted, without further molestation on the part of the Federal authorities, and many Virginians in the field might abandon the Confederate States army. The State would be lost, and North Carolina and Tennessee would have an inevitable avalanche of invasion precipitated upon them. The only hope would be civil war in the North, a not improbable event. What could they do with four millions of negroes arrogating equality with the whites?

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 180-1

Diary of John Beauchamp Jones: April 5, 1864

Cold rain all might and all day; wind northwest.

The Quartermaster-General now recommends that no furloughs be given, so as to devote the railroads to the transportation of grain to Virginia.

The Commissary-General again informs the Secretary of War, to-day, that unless the passenger trains were discontinued, the army could not be subsisted, and Richmond and all Virginia might have to be abandoned, and the country might be pillaged by our own soldiers. Not a word against the Southern (Yankee) Express Company.

Our prospects are brighter than they have been for many a day, and the enemy are doomed, I think, to a speedy humiliation.

I saw a note to-day from Mr. Memminger stating his fears that the amount of Treasury notes funded will not exceed $200,000,000, leaving $600,000,000 still in circulation It is true, some $300,000,000 might be collected in taxes, if due vigilance were observed,—but will it be observed? He says he can make between $2,000,000 and $3,000,000 of the new currency per day. If this be done, the redundancy will soon be as great as ever. Nothing but success in the field will prevent an explosion and repudiation of the currency, sooner or later.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 182

Diary of John Beauchamp Jones: March 25, 1864

Raining moderately.

Yesterday Mr. Miles, member of Congress from South Carolina, received a dispatch from Charleston, signed by many of the leading citizens, protesting against the removal of 52 companies of cavalry from that department to Virginia. They say so few will be left that the railroads, plantations, and even the City of Charleston will be exposed to the easy capture of the enemy; and this is “approved” and signed by T. Jordan, Chief of Staff. It was given to the Secretary of War, who sent it to Gen. Bragg, assuring him that the citizens signing it were the most influential in the State, etc.

Gen. Bragg sent it back with an indignant note. He says the President gave the order, and it was a proper one. These companies of cavalry have not shared the hardships of the war, and have done no fighting; more cavalry has been held by Gen. Beauregard, in proportion to the number of his army, than by any other general; that skeleton regiments, which have gone through fire and blood, ought to be allowed to relieve them; and when recruited, would be ample for the defense of the coast, etc. Gen. Bragg concluded by saying that the offense of having the military orders of the commander-in-chief, etc. exposed to civilians, to be criticised and protested against—and “approved” by the Chief of Staff—at such a time as this, and in a matter of such grave importance—ought not to be suffered to pass without a merited rebuke. And I am sure poor Beauregard will get the rebuke; for all the military and civil functionaries near the government partake of something of a dislike of him.

And yet Beauregard was wrong to make any stir about it; and the President himself only acted in accordance with Gen. Lee's suggestions, noted at the time in this Diary.

Gen. Polk writes from Dunapolis that he will have communications with Jackson restored in a few days, and that the injury to the railroads was not so great as the enemy represented.

Mr. Memminger, the Secretary of the Treasury, is in a black Dutch fury. It appears that his agent, C. C. Thayer, with $15,000,000 Treasury notes for disbursement in Texas, arrived at the mouth of the Rio Grande in December, when the enemy had possession of Brownsville, and when Matamoras was in revolution. He then conferred with Mr. Benjamin's friend (and Confederate States secret agent) Mr. Quintero, and Quartermaster Russell, who advised him to deposit the treasure with P. Milmo & Co.—a house with which our agents have had large transactions, and Mr. M. being son-in-law to Gov. Vidurri—to be shipped to Eagle Pass via Monterey to San Antonio, etc.

But alas! and alas! P. Milmo & Co., upon being informed that fifteen millions were in their custody, notified our agents that they. would seize it all, and hold it all, until certain alleged claims they held against the Confederate States Government were paid. Mr. Quintero, who sends this precious intelligence, says he thinks the money will soon be released—and so do I, when it is ascertained that it will be of no value to any of the parties there.

Mr. Memminger, however, wants Quartermaster Russell cashiered, and court-martialed, and, moreover, decapitated

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 176-7

Diary of John Beauchamp Jones: March 26, 1864

Bright morning, but a cold, cloudy, windy day.

A great crowd of people have been at the Treasury building all day, funding Treasury notes. It is to be hoped that as money gets scarcer, food and raiment will get cheaper.

Mr. Benton, the dentist, escaped being conscribed last year by the ingenuity of his attorney, G. W. Randolph, formerly Secretary of War, who, after keeping his case in suspense (alleging that dentists were physicians or experts) as long as possible, finally contrived to have him appointed hospital steward—the present Secretary consenting. But now the enrolling officer is after him again, and it will be seen what he is to do next. The act says dentists shall serve as conscripts.

And Mr. Randolph himself was put in the category of conscripts by the late military act, but Gov. Smith has decreed his exemption as a member of the Common Council! Oh, patriotism, where are thy votaries? Some go so far as to say Gov. Smith is too free with exemptions!

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 177

Diary of John Beauchamp Jones: March 29, 1864

A furious gale, eastern, and rain.

No news, except the appearance of a few gun-boats down the river; which no one regards as an important matter.

Great crowds are funding their Treasury notes to-day; but prices of provisions are not diminished. White beans, such as I paid $60 a bushel for early in this month, are now held at $75. What shall we do to subsist until the next harvest ?

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 178

Diary of John Beauchamp Jones: February 19, 1864

Cold and clear. Congress adjourned yesterday, having passed the bill suspending the writ of habeas corpus for six months at least. Now the President is clothed with DICTATORIAL POWERs, to all intents and purposes, so far as the war is concerned.

The first effect of the Currency bill is to inflate prices yet more. But as the volume of Treasury notes flows into the Treasury, we shall see prices fall. And soon there will be a great rush to fund the notes, for fear the holders may be too late, and have to submit to a discount of 33% per cent.

Dispatches from Gen. Polk state that Sherman has paused at Meridian.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 152-3

Diary of John Beauchamp Jones: January 9, 1864

Cold and clear. Gen. Longstreet has preferred charges against Major-Gen. McLaws and another general of his command, and also asks to be relieved, unless he has an independent command, as Gen. Johnston's headquarters are too far off, etc. The Secretary is willing to relieve him, but the President intimates that a successor ought to be designated first.

Beef was held at $2.50 per pound in market to-day—and I got none; but I bought 25 pounds of rice at 40 cts., which, with the meal and potatoes, will keep us alive a month at least. The rich rogues and rascals, however, in the city, are living sumptuously, and spending Confederate States notes as if they supposed they would soon be valueless.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 126

Diary of John Beauchamp Jones: December 13, 1863

Rained last night—and this morning we have warm April weather and bright sunshine.

It is getting to be the general belief among men capable of reflection, that no jugglery can save the Confederate States currency. As well might one lift himself from the earth by seizing his feet, as to legislate a remedy. Whatever scheme may be devised to increase the value of the Confederate States paper money, the obligor is the same. For the redemption of the currency (now worth about five cents in specie to the dollar), every citizen, and every description of property, has been pledged; and as the same citizens and the same property must be pledged for the redemption of any newly created currency, there is no reason to suppose it would not likewise run the same career of depreciation. Nor can bonds be worth more than notes. Success in the field, only, can appreciate either; for none will or can be paid, if we fail to achieve independence.

The weather, this afternoon, is warm, calm, and clear; but the roads are too soft for military operations.

I am reading the Memoirs of Bishop Doane, by his son, Rev. William Croswell Doane. He was the great bishop truly; and his son proves an admirable biographer. I knew the bishop personally, and much of his personal history; and hence this work is to me, and must be to many others, very interesting. The coming year is to be an eventful one. We shall be able (I hope) to put 400,000 effective men in the field; and these, well handled, might resist a million of assailants from without. We have the center, they the circumference; let them beware of 1864—when the United States shall find herself in the throes of an embittered Presidential contest!

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 114-5

Diary of John Beauchamp Jones: December 8, 1863

The President's message was sent to Congress to-day. I was not present, but my son Custis, who heard it read, says the President dwells largely on the conduct of foreign powers. To diminish the currency, he recommends compulsory funding and large taxation, and some process of diminishing the volume of Treasury notes. In other words, a suspension of such clauses of the Constitution as stand in the way of a successful prosecution of the war. He suggests the repeal of the Substitute law, and a modification of the Exemption act, etc. To-morrow I shall read it myself.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 112

Diary of John Beauchamp Jones: September 6, 1863

Northern papers received yesterday evening contain a letter from Mr. Lincoln to the Illinois Convention of Republicans, in which I am told (I have not seen it yet) he says if the Southern people will first lay down their arms, he will then listen to what they may have to say. Evidently he has been reading of the submission of Jack Cade's followers, who were required to signify their submission with ropes about their necks.

This morning I saw dispatches from Atlanta, Ga., stating that in one of the northern counties the deserters and tories had defeated the Home Guard which attempted to arrest them. In Tennessee, North Carolina, Mississippi, and Georgia, we have accounts of much and growing defection, and the embodying of large numbers of deserters. Indeed, all our armies seem to be melting away by desertion faster than they are enlarged by conscription. . They will return when there is fighting to do!

A letter from Col. Lay, dated North Carolina, to the Chief of the Bureau of Conscription, recommends the promotion of a lieutenant to a captaincy. The colonel is great in operations of this nature; and Col. Preston is sufficiently good natured to recommend the recommendation to the Secretary of War, who, good easy man, will not inquire into his age, etc.

Gold is worth from 1000 to 1500 per cent, premium; and yet one who has gold can buy supplies of anything, by first converting it into Confederate notes at low prices. For instance, coal at $30 is really bought for $3 per load. A fine horse at $1000 for $100. Bacon, at $2 per pound is only 20 cents; boots at $100 is only $10, and so on.

Thank Heaven! the little furniture, etc. we now have is our own — costing less to buy it than the rent we paid for that belonging to others up to the beginning of the month. A history of the household goods we possess would, no doubt, if it could be written, be interesting to haberdashers. I think we have articles belonging in their time to twenty families.

The following list of prices is cut from yesterday's paper:

“Produce, provisions, etc.—Apples, $30 to $35 per barrel; bacon is firm at $2 to $2.10 for hoground. Butter is advancing; we quote at $2.50 to $3 by the package. Cheese has advanced, and now sells at $1.50 to $2 per pound; corn, $8 to $9 per bushel; corn-meal, $9 per bushel, in better supply. Flour, at the Gallego Mills, new superfine, uninspected, is sold at $25 per barrel; at commission houses and in second hands, the price of new superfine is from $35 to $40; onions, $40 to $50 per barrel; Irish potatoes, $5 to $6 per bushel, according to quality; oats firm at $6 per bushel. Wheat—the supply coming in is quite limited. The millers refuse to compete with the government, and are consequently paying $5 per bushel. It is intimated, however, that outside parties are buying on speculation at $6 to $6.50, taking the risk of impressment. Lard, $1.70 to $1.75 per pound; eggs, $1.25 to $1.50 per dozen; seeds, timothy, $8 to $10; clover, $40 to $45 per bushel.

“Groceries.—Sugars: the market is active; we hear of sales of prime brown at $2 to $2.15; coffee, $4.25 to $4.15 per pound; molasses, $15 per gallon; rice, 25 cents per pound; salt, 45 cents per pound; soap, 50 cents to 80 cents, as to quality; candles, $2.75 to $3 per pound.

"Liquors.—We quote corn whisky at $20 to $25 per gallon; rye whisky, $38 to $40, according to quality; apple brandy, $25 to $30; rum, $28 per gallon.”

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 34-6

Diary of John Beauchamp Jones: August 19, 1863

A scout, from Washington, has reported to Major Norris, signal corps, that 10,000 New York troops have recently left Meade's army, their tern of service having expired; and that 30,000 men have been sent from his army against Charleston. This accounts for the falling back of Meade — and the detachment never would have been made without.

This intelligence has been in the possession of the government four days; and if Charleston should fall now for want of men or material, there will be great culpability somewhere.

All the non-combatants have been requested to leave Charleston — and none are allowed to enter the city.

We have just got information from Charleston of a furious assault. So far the casualties are not very great, nor the Island batteries materially injured; but Sumter, it is feared, is badly shattered, yet is in no great danger. Much apprehension for the result is felt and manifested here. Six or eight large columbiads have been lying idle at the Petersburg depot for a month, although the prayers of the people of Charleston for heavy guns have been incessant!

Col. Preston, Chief of the Bureau of Conscription, sent in a long communication to-day, asking for enlarged powers and exclusive jurisdiction in the conscription business, and then, he says, he will have all the conscripts (not exempted) in the army in six months. But more are exempted than conscribed!

Robert Tyler publishes a long and hopeful letter on our finances.

If Mr. Memminger read and approved the manuscript, it is well; but if not, good-by, my friend! It is well done, however, even though aspiring. But it is incredible there should be no more Treasury notes in circulation — and no more indebtedness.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 18-19

Diary of John Beauchamp Jones: August 5, 1863

A letter from Hon. W. Porcher Miles to the Secretary of War, received the 15th July, urging the government to send some long-range Brooke guns for the salvation of Charleston, and saying that the President had once promised him that they should be sent thither, being sent by the Secretary to the President, was, to-day, August 5th, returned by the President, with a paper from the Secretary of the Navy, showing that, at the time Mr. Miles says he was promised the Brooke guns, there were really none on hand. Thus Mr. Miles has been caught by the President, after the lapse of twenty days! It is not denied, even by the Secretary of the Navy, that long-range guns were on hand at the time — but there were no Brooke guns, simply. Thus while Charleston's fate hangs trembling in the balance, and the guns are idle here, twenty days are fruitlessly spent. Mr. Miles appears to be a friend of Beauregard. Every letter that general sends to the department is sure to put twenty clerks at work in the effort to pick flaws in his accuracy of statement.

A report of the ordnance officers of Bragg's army shows that in the late retreat (without a battle) from Shelbyville to Chattanooga, the army lost some 6000 arms and between 200,000 and 300,000 cartridges!

Our naval commanders are writing that they cannot get seamen —and at Mobile half are on the sick list.

Lee writes that his men are in good fighting condition — if he only had enough of them. Of the three corps, one is near Fredericksburg (this side the river), one at Orange C. H., and one at Gordonsville. I doubt if there will be another battle for a month. Meantime the Treasury notes continue to depreciate, and all the necessaries of life advance in price — but they do not rise in proportion.

The Examiner had a famous attack on the President to-day (from the pen, I think, of a military man, on Gen. Scott's staff, when Mr. Davis was Secretary of War), for alleged stubbornness and disregard of the popular voice; for appointing Pemberton, Holmes, Mallory, etc., with a side fling at Memminger.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 5-6

The Confederate Sequestration Act, August 30, 1861

AN ACT for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States.

Whereas, the Government and people of the United States have departed from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States of all kinds, whether used for military purposes or not; and

Whereas, our only protection against such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies: Therefore,

Be it enacted by the Congress of the Confederate States of America, That all and every the lands, tenements and hereditaments, goods and chattels, rights and credits within these Confederate States, and every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy since the twenty-first day of May, one thousand eight hundred and sixty-one, except such debts due to an alien enemy as may have been paid into the treasury of any one of the Confederate States prior to the passage of this law, be, and the same are hereby, sequestrated by the Confederate States of America, and shall be held for the full indemnity of any true and loyal citizen or resident of these Confederate States, or other person aiding said Confederate States in the prosecution of the present war between said Confederate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this act is retaliatory, or under any other act of the United States, or of any State thereof authorizing the seizure, condemnation, or confiscation of the property of citizens or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this act: Provided, however, When the estate, property, or rights to be affected by this act were, or are, within some State of this Confederacy, which has become such since said twenty-first day of May, then this act shall operate upon and as to such estate, property, or rights, and all persons claiming the same from and after the day such State so became a member of this Confederacy, and not before: Provided further, That the provisions of the act shall not extend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy held or owned by any alien enemy, or to any debt, obligation, or sum due from the Confederate Government, or any of the States, to such alien enemy: And provided also, That the provisions of this act shall not embrace the property of citizens or residents of either of the States of Delaware, Maryland, Kentucky, or Missouri, or of the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas, except such of said citizens or residents as shall commit actual hostilities against the Confederate States, or aid and abet the United States in the existing war against the Confederate States.

SEC. 2. And be it further enacted, That it is, and shall be, the duty of each and every citizen of these Confederate States speedily to give information to the officers charged with the execution of this law of any and every lands, tenements and hereditaments, goods and chattels, rights and credits within this Confederacy, and of every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy as aforesaid.

SEC. 3. Be it further enacted, That it shall be the duty of every attorney, agent, former partner, trustee, or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or credits, or any interest therein of or for any such alien enemy, speedily to inform the receiver, hereinafter provided to be appointed, of the same and to render an account thereof, and so far as is practicable to place the same in the hands of such receiver; whereupon such persons shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person willfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and conviction shall be fined in a sum not exceeding $5,000 and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case, and shall further be liable to be sued by said Confederate States and subjected to pay double the value of the estate, property, or effects of the alien enemy held by him or subject to his control.

SEC. 4. It shall be the duty of the several judges of this Confederacy to give this act specially in charge to the grand juries of these Confederate States, and it shall be their duty at each sitting well and truly to inquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein within the jurisdiction of said grand jury held by or for any alien enemy, and it shall be the duty of the several receivers, appointed under this act, to take a copy of such report and to proceed in obtaining the possession and control of all such property and effects reported and to institute proceedings for the sequestration thereof in the manner hereinafter provided.

SEC. 5. Be it further enacted, That each judge of this Confederacy shall as early as practicable appoint a receiver for each section of the State for which he holds a court, and shall require him before entering upon the duties of his office to give a bond in such penalty as may be prescribed by the judge, with good and sufficient security, to be approved by the judge, conditioned that he will diligently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which he is appointed, and shall be removed for incompetency, or inefficiency, or infidelity in the discharge of his trust And should the duties of any such receiver at any time appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers' districts, according to the necessities of the ease, and to appoint a receiver for each of said newly created districts. And every such receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well, and truly to execute the duties of his office.

SEC. 6. Be it further enacted, That it shall be the duty of the several receivers aforesaid to take the possession, control, and management of all lands, tenements and hereditaments, goods and chattels, rights and credits of each and every alien enemy within the section for which he acts. And to this end he is empowered and required, whenever necessary for accomplishing the purposes of this act, to sue for and recover the same in the name of said Confederate States, allowing, in the recovery of credits, such delays as may have been, or may be, prescribed in any State as to the collection of debts therein during the war. And the form and mode of action, whether the matter be of jurisdiction in law or equity, shall be by petition to the court, setting forth, as best he can, the estate, property, right, or thing sought to be recovered, with the name of the person holding, exercising supervision over, in possession of, or controlling the same, as the case may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court, or by the receiver, to such person, with a copy of the petition, and the same shall be served by the marshal or his deputy and returned to the court as other mesne process in law cases; whereupon the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the court or judge shall at any time make all orders of seizure that may seem necessary to secure the subject-matter of the suit from danger of loss, injury, destruction, or waste, and may, pending the cause, make orders of sale in cases that may seem to such judge or court necessary to preserve any property sued for from perishing or waste: Provided, That in any case when the Confederate judge shall find it to be consistent with the safe-keeping of the property so sequestered to leave the same in the hands and under the control of any debtor or person in whose hands the real estate and slaves were seized, who may be in possession of the said property or credits, he shall order the same to remain in the hands and under the control of said debtor or person in whose hands the real estate and slaves were seized, requiring in every such ease such security for the safe-keeping of the property and credits as he may deem sufficient for the purpose aforesaid, and to abide by such further orders as the court may make in the premises. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which may be due thereon, or to rents on real estate in cities. And no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the receiver all interests or net profits which may have accrued since the twenty-first of May, eighteen hundred and sixty-one; and in all cases coming under this proviso, such debtor shall be bound to pay over annually to the receiver all interest which may accrue as the same falls due; and the person in whose hands any other property may be left shall be bound to account for, and pay over annually to the receiver, the net income or profits of said property, and on failure of such debtor or other person to pay over such interest, net income, or profits as the same falls due, the receiver may demand and recover the debt or property. And wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of all application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or property: Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the money due as aforesaid to be demanded by the receiver, and if upon demand of the receiver, made in conformity to a decretal order of the court requiring said receiver to collect any debts for the payment of which security may have been given under the provisions of this act, the debtor or his security shall fail to pay the same, then upon ten days' notice to said debtor and his security, given by said receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the sum so secured, with interest thereon, in the name of said receiver, and to issue execution therefor.

SEC. 7. Any person in the possession and control of the subject-matter of any such suit, or claiming any interest therein, may, by order of the court, be admitted as a defendant and be allowed to defend to the extent of the interest propounded by him; but no person shall be heard in defense until he shall file a plea, verified by affidavit and signed by him, setting forth that no alien enemy has any interest in the right which he asserts, or for which he litigates, either directly or indirectly, by trust, open or secret, and that he litigates solely for himself or for some citizen of the Confederate States whom he legally represents; and when the defense is conducted for or on account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relation that the defendant bears to him in the litigation. If the cause involves matter which should be tried by a jury according to the course of the common law, the defendant shall be entitled to a jury trial. If it involves matters of equity jurisdiction the court shall proceed according to its usual mode of procedure in such cases; and the several courts of this Confederacy may from time to time establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.

SEC. 8. Be it further enacted, That the clerk of the court shall, at the request of the receiver, from time to time issue writs of garnishment, directed to one or more persons, commanding them to appear at the then sitting or at any future term of the court, and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his possession or control belonging to or held for an alien enemy, or in what sum if any he is or was at the time of service of the garnishment, or since has been, indebted to any alien enemy; and the court shall have power to condemn the property or effects or debts, according to the answer, and to make such rules and orders for the bringing in of third persons claiming or disclosed by the answer to have an interest in the litigation as to it shall seem proper; but in no case shall any one be heard in respect thereto until he shall by sworn plea set forth substantially the matters before required of parties pleading. And the decree or judgment of the court rendered in conformity to this act shall forever protect the garnishee in respect to the matter involved. And in all cases of garnishment under this act the receiver may test the truth of the garnishee's answer by filing a statement, under oath, that he believes the answer to be untrue, specifying the particulars in which he believes the garnishee has, by omission or commission, not answered truly, whereupon the court shall cause an issue to be made between the receiver and garnishee, and judgment rendered as upon the trial of other issues. And in all cases of litigation under this act the receiver may propound interrogatories to the adverse party touching any matter involved in the litigation, a copy of which shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service; and upon failure so to answer the court shall make such disposition of the cause as shall to it seem most promotive of justice, or should it deem answers to the interrogatories necessary in order to secure a discovery, the court shall imprison the party in default until full answers shall be made.

SEC. 9. It shall be the duty of the district attorney of the Confederate States diligently to prosecute all causes instituted under this act, and he shall receive as a compensation therefor 2 per cent. upon and from the fruits of all litigation instituted under this act: Provided, That no matter shall be called litigated except a defendant be admitted by the court and a proper plea be filed.

SEC. 10. Be it further enacted, That each receiver appointed under this act shall, at least every six months, and as much oftener as he may be required by the court, render a true and perfect account of all matters in his hands or under his control under the law, and shall make and state just and perfect accounts and settlements under oath of his collections of moneys and disbursements under this law, stating accounts and making settlements of all matters separately, in the same way as if he were administrator of several estates of deceased persons by separate appointments. And the settlements and decrees shall be for each case or estate separately, so that the transaction in respect to each alien enemy's property may be kept recorded and preserved separately. No settlement as above provided shall, however, be made until judgment or decree of sequestration shall have passed; but the court may at any time pending litigation require an account of matters in litigation and in the possession of the receiver, and may make such orders touching the same as shall protect the interest of the parties concerned.

SEC. 11. When the accounts of any receiver shall be filed respecting any matter which has passed sequestration, the court shall appoint a day for settlement, and notice thereof shall be published consecutively for four weeks in some newspaper near the place of holding the court, and the clerk of the court shall send a copy of such newspaper to the district attorney of the Confederate States for the court where the matter is to be heard, and it shall be the duty of said district attorney to attend the settlement and represent the Government and to see that a full, true, and just settlement is made. The several settlements preceding the final one shall be interlocutory only, and may be impeached at the final settlements, which latter shall be conclusive, unless reversed or impeached within two years for fraud.

SEC. 12. Be it further enacted, That the court having jurisdiction of the matter shall, whenever sufficient cause is shown therefor, direct the sale of any personal property, other than slaves, sequestered under this act, on such terms as to it shall seem best, and such sale shall pass the title of the person as whose property the same has been sequestered.

SEC. 13. All settlements of accounts of receivers for sequestered property shall be recorded and a copy thereof shall be forwarded by the clerk of the court to the Treasurer of the Confederate States within ten days after the decree, interlocutory or final, has been passed; and all balances found against the receiver shall by him be paid over into the court, subject to the order of the Treasurer of the Confederate States, and upon the failure of the receiver for five days to pay over the same execution shall issue therefor, and he shall be liable to attachment by the court and to suit upon his bond. And any one embezzling any money under this act shall be liable to indictment, and on conviction shall be confined at hard labor for not less than six months nor more than five years, in the discretion of the court, and fined in double the amount embezzled.

SEC. 14. Be it further enacted, That the President of the Confederate States shall, by and with the advice and consent of Congress, or of the Senate if the appointment be made under the permanent Government, appoint three discreet commissioners, learned in the law, who shall hold at the seat of Government two terms each year, upon notice given, who shall sit so long as the business before them shall require, whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any one aiding this Confederacy in the present war against the United States, who shall allege that he has been put to loss under the act of the United States in retaliation of which this act is passed, or under any other act of the United States, or of any State thereof, authorizing the seizure, condemnation, or confiscation of the property of any citizen or resident of the Confederate States, or other person aiding said Confederate States in the present war with the United States, and the finding of such commissioners in favor of any such claim shall be prima facie evidence of the correctness of the demand, and whenever Congress shall pass the claim, the same shall be paid from any money in the Treasury derived from sequestration under this act: Provided, That said Board of Commissioners shall not continue beyond the organization of the Court of Claims provided for by the Constitution, to which Court of Claims the duties herein provided to be discharged by commissioners shall belong upon the organization of said court. The salaries of said commissioners shall be at the rate of $2,500 per annum, and shall be paid from the Treasury of the Confederacy. And it shall be the duty of the Attorney-General or his assistant to represent the interests of this Government in all cases arising under this act before said Board of Commissioners.

SEC. 15. Be it further enacted, That all expenses incurred in proceedings under this act shall be paid from the sequestered fund, and the judges, in settling accounts with receivers, shall make to them proper allowances of compensation, taking 2½ per cent. on receipts, and the same amount on expenditures, as reasonable compensation in all cases. The fees of the officers of court shall be such as are allowed by law for similar services in other cases, to be paid, however, only from the sequestered fund: Provided, That all sums realized by any receiver in one year for his services exceeding $5,000 shall be paid into the Confederate Treasury for the use of the Confederacy.

SEC. 16. Be it further enacted, That the Attorney-General shall prescribe such uniform rules of proceeding under this law, not herein otherwise provided for, as shall meet the necessities of the case.

SEC. 17. Be it further enacted, That appeals may lie from any final decision of the court under this law, in the same manner and within the same time as is now or hereafter may be by law prescribed for appeals in other civil cases.

SEC. 18. Be it further enacted, That the word “person” in this law includes all private corporations, and in all cases when corporations become parties and this law requires an oath to be made it shall be made by some officer of such corporation.

SEC. 19. Be it further enacted, That the courts are vested with jurisdiction and required by this act to settle all partnerships heretofore existing between a citizen and one who is an alien enemy; to separate the interest of the alien enemy, and to sequestrate it; and shall also sever all joint rights when an alien enemy is concerned, and sequestrate the interest of such alien enemy.

SEC. 20. Be it further enacted, That in all cases of administration of any matter or thing under this act, the court having jurisdiction may make such orders touching the preservation of the property or effects under the direction or control of the receiver, not inconsistent with the foregoing provisions, as to it shall seem proper. And the receiver may at any time ask and have the instructions of the court, or judge, respecting his conduct in the disposition or management of any property or effects under his control.

SEC. 21. That the Treasury notes of this Confederacy shall be receivable in payment of all purchases of property or effects sold under this act.

SEC. 22. Be it further enacted, That nothing in this act shall be construed to destroy or impair the lien or other rights of any creditor, a citizen or resident of either of the Confederate States, or of any other person, a citizen or resident of any country, State, or Territory with which this Confederacy is in friendship, and which person is not in actual hostility to this Confederacy. And any lien or debt claimed against any alien enemy, within the meaning of this act, shall be propounded and filed in the court in which the proceedings of sequestration are had within twelve months from the institution of such proceedings for sequestration; and the court shall cause all proper parties to be made and notices to be given, and shall hear and determine the respective rights of all parties concerned: Provided, however, That no sales or payments over of money shall be delayed for or by reason of such rights or proceedings; but any money realized by the receiver, whether paid into the court or Treasury, or still in the receiver's hands, shall stand in lieu of that which produced said money, and be held to answer the demands of the creditors aforesaid, in the same manner as that which produced such money was. And all claims not propounded and filed as aforesaid, within twelve months as aforesaid, shall cease to exist against the estate, property, or effects sequestrated, or the proceeds thereof.

Approved August 30, 1861.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series IV, Volume 1 (Serial No. 127), 586-92

Diary of John Beauchamp Jones: January 24, 1863

Gen. Smith writes that he deems Wilmington in a condition to resist any attacks.

The exposition of Mr. Benjamin's dispatches has created profound mortification in the community.

Another transport has been taken from the enemy in the Cumberland River. No further news from Arkansas.

There is a white flag (small-pox) within seventy yards of our house. But it is probable we must give up the house soon, as the owner is desirous to return to it — being unable to get board in the country.

Gen. Rains, who has been making a certain sort of primer, met with an accident this morning; one of them exploded in his hand, injuring his thumb and finger. He was scarcely able to sign his name to official documents to-day.

Mr. Hunter has brought forward a measure for the funding of Treasury notes, the redundant circulation having contributed to produce the present fabulous prices in the market.

In the New Jersey Legislature petitions are flowing in denunciatory of Lincoln's Emancipation scheme, which would cast into the free States a large excess of profitless population.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 245

Diary of William Howard Russell: June 7, 1861

The Confederate issue of ten millions sterling, in bonds payable in twenty years is not sufficient to meet the demands of Government; and the four millions of small Treasury notes, without interest, issued by Congress, are being rapidly absorbed. Whilst the Richmond papers demand an immediate movement on Washington, the journals of New York are clamoring for an advance upon Richmond. The planters are called upon to accept the Confederate bonds in payment of the cotton to be contributed by the States.

Extraordinary delusions prevail on both sides. The North believe that battalions of scalping Indian savages are actually stationed at Harper's Ferry. One of the most important movements has been made by Major-General McClellan, who has marched a force into Western Virginia from Cincinnati, has occupied a portion of the line of the Baltimore and Ohio railway, which was threatened with destruction by the Secessionists; and has already advanced as far as Grafton. Gen. McDowell has been appointed to the command of the Federal forces in Virginia. Every day regiments are pouring down from the North to Washington. General Butler, who is in command at Fortress Monroe, has determined to employ negro fugitives, whom he has called “Contrabands,” in the works about the fort, feeding them, and charging the cost of their keep against the worth of their services; and Mr. Cameron, the Secretary of War, has ordered him to refrain from surrendering such slaves to their masters, whilst he is to permit no interference by his soldiers with the relations of persons held to service under the laws of the States in which they are in.

Mr. Jefferson Davis has arrived at Richmond. At sea the Federal steamers have captured a number of Southern vessels; and some small retaliations have been made by the Confederate privateers. The largest mass of the Confederate troops have assembled at a place called Manassas Junction, on the railway from Western Virginia to Alexandria.

The Northern papers are filled with an account of a battle at Philippi, and a great victory, in which no less than two of their men were wounded and two were reported missing as the whole casualties; but Napoleon scarcely expended so much ink over Austerlitz as is absorbed on this glory in the sensation headings of the New York papers.

After breakfast I accompanied a party of Mr. Burnside's friends to visit the plantations of Governor Manning, close at hand. One plantation is as like another as two peas. We had the same paths through tasselling corn, high above our heads, or through wastes of rising sugar-cane; but the slave quarters on Governor Manning's were larger, better built, and more comfortable-looking than any I have seen.

Mr. Bateman, the overseer, a dour strong man, with spectacles on nose, and a quid in his cheek, led us over the ground. As he saw my eye resting on a large knife in a leather case stuck in his belt, he thought it necessary to say, “I keep this to cut my way through the cane-brakes about; they are so plaguey thick.”

All the surface water upon the estate is carried into a large open drain, with a reservoir in which the fans of a large wheel, driven by steam-power, are worked so as to throw the water over to a cut below the level of the plantation, which carries it into a bayou connected with the lower Mississippi.

In this drain one of my companions saw a prodigious frog, about the size of a tortoise, on which he pounced with alacrity; and on carrying his prize to land he was much congratulated by his friend. “What on earth will you do with the horrid reptile?” “Do with it! why, eat it to be sure.” And it is actually true, that on our return the monster “crapaud” was handed over to the old cook, and presently appeared on the breakfast-table, looking very like an uncommonly fine spatch-cock, and was partaken of with enthusiasm by all the company.

From the draining-wheel we proceeded to visit the forest, where negroes were engaged in clearing the trees, turning up the soil between the stumps, which marked where the mighty sycamore, live oak, gum-trees, and pines had lately shaded the rich earth. In some places the Indian corn was already waving its head and tassels above the black gnarled roots ; in other spots the trees, girdled by the axe, but not yet down, rose up from thick crops of maize; and still deeper in the wood negroes were guiding the ploughs, dragged with pain and difficulty by mules, three abreast, through the tangled roots and rigid earth, which will next year be fit for sowing. There were one hundred and twenty negroes at work; and these, with an adequate number of mules, will clear four hundred and fifty acres of land this year. “But it's death on niggers and mules,” said Mr. Bateman. “We generally do it with Irish, as well as the hedging and ditching; but we can't get them now, as they are all off to the wars.”

Although the profits of sugar are large, the cost of erecting the machinery, the consumption of wood in the boiler, and the scientific apparatus, demand a far larger capital than is required by the cotton planter, who, when he has got land, may procure negroes on credit, and only requires food and clothing till he can realize the proceeds of their labor, and make a certain fortune. Cotton will keep where sugar spoils. The prices are far more variable in the latter, although it has a protective tariff of twenty per cent.

The whole of the half million of hogsheads of the sugar grown in the South is consumed in the United States, whereas most of the cotton is sent abroad; but in the event of a blockade the South can use its sugar ad nauseam, whilst the cotton is all but useless in consequence of the want of manufacturers in the South.

When I got back, Mr. Burnside was seated in his veranda, gazing with anxiety, but not with apprehension, on the marching columns of black clouds, which were lighted up from time to time by heavy flashes, and shaken by rolls of thunder. Day after day the planters have been looking for rain, tapping glasses, scrutinizing aneroids, consulting negro weather prophets, and now and then their expectations were excited by clouds moving down the river, only to be disappointed by their departure into space, or, worse than all, their favoring more distant plantations with a shower that brought gold to many a coffer. “Did you ever see such luck? Kenner has got it again! That's the third shower Bringier has had in the last two days.”

But it was now the turn of all our friends to envy us a tremendous thunder-storm, with a heavy, even downfall of rain, which was sucked up by the thirsty earth almost as fast as it fell, and filled the lusty young corn with growing pains, imparting such vigor to the cane that we literally saw it sprouting up, and could mark the increase in height of the stems from hour to hour.

My good host is rather uneasy about his prospects this year, owing to the war; and no wonder. He reckoned on an income of £100,000 for his sugar alone; but if he cannot send it North it is impossible to estimate the diminution of his profits. I fancy, indeed, he more and more regrets that he embarked his capital in these great sugar-swamps, and that he would gladly now invest it at a loss in the old country, of which he is yet a subject; for he has never been naturalized in the United States. Nevertheless, he rejoices in the finest clarets, and in wines of fabulous price, which are tended by an old white-headed negro, who takes as much care of the fluid as if he was accustomed to drink it every day.

SOURCE: William Howard Russell, My Diary North and South, p. 280-3

Diary of John Beauchamp Jones: November 14, 1862

An order has gone forth to-day from the Secretary of War, that no more flour or wheat shall leave the States. This order was given some time ago — then relaxed, and now reissued. How soon will he revoke it again?

Never before did such little men rule such a great people. Our rulers are like children or drunken men riding docile horses, that absolutely keep the riders from falling off by swaying to the right and left, and preserving an equilibrinm. There is no rule for anything, and no stability in any policy.

To-day more propositions from Frenchmen (in New Orleans) have been received. Butler is preparing to do a great business — and no objection to the illicit traffic is filed by the Secretaries of State or Treasury.

Yesterday one of the President's servants was arrested for stealing Treasury notes. The Treasury Department is just under the Executive Department; and this negro (slave) has been used by the President to take important papers to the departments. The amount abstracted was $5000 —unsigned — but some one, perhaps the negro, for he is educated, forged the Register's and Treasurer's names.

I saw Gen. J. E. Johnston standing idle in the street to-day.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 189

Diary of John Beauchamp Jones: October 28, 1862

Gen. Bragg is here, but will not probably be deprived of his command. He was opposed by vastly superior numbers, and succeeded in getting away with the largest amount of provisions, clothing, etc., ever obtained by an army. He brought out 15,000 horses and mules, 8000 beeves, 50,000 barrels of pork, a great number of hogs, 1,000,000 yards of Kentucky cloth, etc. The army is now at Knoxville, Tennessee, in good condition. But before leaving Kentucky, Morgan made still another capture of Lexington, taking a whole cavalry regiment prisoners, destroying several wagon trains, etc. It is said Bragg's train of wagons was forty miles long! A Western tale, I fear.

Letters from Lee urge the immediate completion of the railroad from Danville to Greenville, North Carolina, as of vital importance. He thinks the enemy will cut the road between this and Weldon. He wants Confederate notes made a legal tender; and the President says that, as the courts cannot enforce payment in anything else, they are substantially a legal tender already. And he suggests the withholding of pay from officers during their absence from their regiments. A good idea.

Everything indicates that Richmond will be assailed this fall, and that operations in the field are not to be suspended in the winter.

Polk, Bragg, Cheatham, etc. are urging the President to make Col. Preston Smith a brigadier-general. Unfortunately, Bragg's letter mentioned the fact that Beauregard had given Smith command of a brigade at Shiloh; and this attracting the eye of the President, he made a sharp note of it with his pencil. “What authority had he for this?” he asked; and Col. Smith will not be appointed.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 176-7