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Journal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) online

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Lieutenant Capers, retired, to rank from May 2, 1864.



92 JOURNAL OF THE [May 25, 1864.

J. M. Browne, of Kentucky, to be adjutant Sixteenth Confederate Cavalrj- Regi-
ment, vice Lieutenant Bate, promoted, to rank from February 19, 1864.

Charles A. Webb, of Texas, to be adjutant Seventeenth Texas Cavalry Regiment,
vice Lieutenant Shaw, died, to rank from March 4, 1864.
I am, sir, respectfully, your obedient servant,

JAS. A. SEDDON,

Secretary of War.
To His Excellency Jeffebson Davis,

President, etc.

The message was read.

Ordered., That it be referred to the Committee on Militan^ Atfairs.

Executive Department, Richmond, May 25, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Col. S. J.
Gholson, of INlississippi, to be a brigadier-general in the Provisional Army of the
Confederate States of America.

JEFFERSON DAVIS.
War Department, Richmond, May 24, 1864-
Sir: I have the lionor to recommend the nomination of Col. S. J. Gholson, of
Mississippi, to be a Itrigadier-general in the Provisional Army of the Confederate
States of America, to take rank from May 6, LS64.

I am, sir, respectfully, your ol)edient servant, J. A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read.

Ordered, That it be referred to the Committee on Military Aflfairs.

Executive Department, Richmond, May 25, 1864.
To the Senate of the Confederate Stales:

Agreea])ly to the recommendation of the Secretary of War, I nominate the officers
on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.
No. 19.] War Department, Rirhnumd, May 24, 1S64-

Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Colonels.

Lieut. Col. A. S. Norwood, of Louisiana, to be colonel Twenty-.seventli Louisiana
Regiment, vice Colonel Marks, dieil, to rank from Si-ptembfr 23, 1863.

Lieut. Col. O. INlcD. INIiller, of Sontli Carolina, to l)e colonel First Sontli Carolina
Rifle Regiment, vice Colonel Harrison, retired, to rank from April 7, 1864.

Lieut. Col. J. M. French, of Virginia, to be colonel Sixty-third Virginia Regiment,
vice Colonel IMcMahon, resigned, to rank from April 4, 1864.

Lieut. Col. John C. Fiser, of Mississippi, to be colonel Seventeenth Mississippi
Regiment, vice Colonel Holder, resigned, to rank from February 12, 1864.

Lieut. Col. J. A. Minter, of Alabama, to be colonel Fifty-fifth Alabama Regiment,
vice Col. A. Baker, i)romoted, to rank from March 5, 1864.

Lieut. Col. J. R. Cal)ell, of Virginia, to be colonel Thirty-eighth Virginia Regiment,
vice Colonel Whittle, appointed to military court, to rank from Noveml)er 15, 1863.

Lieut. Col. A. Spengler, of Virginia, to l>e colonel Thirty-third Virginia Regiment,
vice Colonel Hollitlay, retired, to rank from March 21, 1864.

Lieutenant-colonels.

Maj. W. M. Hadden, of South Carolina, to be lieutenant-colonel First South Caro-
lina Rifle Regiment, vic-e Lieutenant-C'olonel Miller, promoted, to rank from April 7,
1864.

Maj. T. E. Upshaw, of Virginia, to be lieutenant-colonel Thirteentli Virginia Cav-
alry Regiment, vice Lieutenant-Colonel Phillips, promoted, to rank from December
19, 1863.



May 25, 1864.] SENATE. 93

Maj. D. B. Lang, of Virginia, to be lieutenant-colonel Sixty -second Virginia Regi-
ment, vice Lieutenant-Colonel Doyle, resigned, to rank from November 10, 186;i.

Maj. George K. Griggs, of Virginia, to be lieutenant-colonel Thirty-eighth Vir-
ginia Regiment, vice Lieutenant-Colonel Cabell, promoted, to rank from November
15, 1863.

Maj. James Dickey, of Georgia, to be lieutenant-colonel Fifty-first Georgia Regi-
ment, vice Lieutenant-Colonel Anthony, resigned, to rank from January 14, 1864.

Maj. C. H. Lynch, of Virginia, to be lieutenant-colonel Sixty-third Virginia Regi-
ment, vice Lieutenant-Colonel French, promoted, to rank from April 4, 1864.

Maj. George Huston, of Virginia, to be lieutenant-colonel Thirty-third Virginia
Regiment, vice Lieutenant-Colonel Spengler, promoted, to rank from March 21, 1864.

Major.t.

Capt. B. F. Winfield, of Virginia, to be major Thirteenth Virginia Cavalry Regi-
ment, vice ]\Iajor Upshaw, promoted, to rank from December 19, 1863.

Capt. Houston Hall, of Virginia, to be major Sixty-second Virginia Regiment, vice
Major Lang, promoted, to rank from November 10, 1863.

Capt. H. L. Lee, of Virginia, to be major Thirty-eighth Virginia Regiment, vice
Major Griggs, promoted, to rank from November 15, 1863.

Capt. J. B. GoUaday, of Virginia, to be major Thirty-third Virginia Regiment, vice
Major Huston, promoted, to rank from March 21, 1864.

I am, sir, respectfully, your obedient servant, J. A. SEDDON,

/Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

Executive Department, Richmond, May 25, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Bennett
Clark, of Missouri, to be military storekeeper of ordnance, with rank, etc., of first
lieutenant of infantry in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.
War Department, Richmond, May 24, 1864-
Sir: I have the honor to recommend the nomination of Bennett Clark, of Missouri,
to be military storekeeper of ordnance, with the rank, etc., of first lieutenant of
infantry in the Provisional Army of the Confederate States, vice Lieut. F. P. Buck-
ner, resigned, to date from March 2, 1864.

I am, sir, respectfully, your obedient servant, J. A. SEDDON,

Secretary of War.
To His Excellency Jeffkrson Davis,

President, etc.

The messajj^e was read.

Ordered, That it be referred to the Committee on Military Affairs.

Executive Department, Richmond, May 25, 1864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accompanying list to the rank affixed to their names, resi>ectively.

JEFFlsRSON DAVIS.
No. 18.] War Department, Riclnnond, May 24, 1864.

Sir: I have the honor to recommend the following nominationa for ai)pointment
in the Provisional Army of the Confederate States of America:

Brigadier-general.
Col. Stephen Elliott, jr., of South Carolina, to take rank from IMay 24, 1864.



94 JOURNAL OF THE [May 26, 1864.

Aids-de-camp — first lieiUenanis.

Edward J. Black, of South Carolina, to take rank from April 28, 1864.
J. W. Hayne, of South Carolina, to take rank from May 18, 1864.
^V. P. A. Murray, of INIississippi, to take rank from confirmation.
I am. sir, respectfully, your obedient servant,

" ■ J. A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messag'e was read.

Ordered^ That it be referred to the Committee on Military Affairs.

The Senate proceeded to consider the motion submitted by Mr.
Mitchel on yesterday, to reconsider the Note on agreein*^' to the resohi-
tions sul)mitted ])y Mr. Ilill, from tlie Committee on the Judiciary
(on the 23d instant), in relation to nominations continued or postponed
from one session of the Senate to another; and

On the question to agree thereto,

It was decided in the affirmative, j xt^,,". g

On motion by Mr. Orr,

The yeas and nays beino- desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Caperton, (rraham, Tlill. Hunter, Johnson of
(Teors>-ia, Johnson of Missouri, Maxwell, and Mitchel.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Jemison, Orr, Semmes, Sparrow, Walker,
and Watson.

So the resolutions were reconsidered.

On motion by Mr. Graham, that the resolutions ])e laid upon the
table,

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

THURSDAY, May 26, 1864.

OPEN SESSION.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 43) to regulate the pay of a general assigned to
duty at the seat of government under the provisions of the act
approved March 25, 1862; and no amendment being proposed, it was
reported to tiie Senate.

(>rd< i'<d^ That it be engrossed and read a third time.

The said bill was read the third time.

Remlvi'd^ Tliat it pass, and that the title thereof b(^ as af(»res:ud.

Ordered^ That the Secretary request the concurrence of the House
of Representatives therein.

On motion by JNIr. Sparrow, that the vote on passing the bill (S. 43)
last mentioned be reconsidered,

Jt was determined in the negative.

The S(Miat(> proceeded, as in Connnittee of the Wholo, to the consid-
eration of the bill (S. 44) to autiiori/e certificates of ind(d)tedness to be
given for projXMly purchased or impressed and for transportation, and
to ])rovide for payment of (he interest on said certilicates in specie;
and no amendment being proposed, it was r(>ported to the Senate.



May 26, 186<1.] SENATE. 95

Ordered^ That it be engros.scd and read a third time.
The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered^ That the Secretary request the concurrence of the House
of Representatives therein.

Mr. Johnson of Missouri submitted the following resolution for
consideration:

Rcmlved {the House of Representatives concurring), That the resolution jiassed by the
two Houses fixing Tuesday, the thirty-first instant, as the day for the adjournment
of tlie present session of Congress, he, and tlie same is hereby, rescinded.

On motion by ]Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Mitchel,

The Senate adjourned.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred the nominations of A. S. Norwood, G. McD. Miller,
J. M. French, John C. Fiser, J. A. Minter, J. R. Cabell, A. Spengler,
to be colonels; W. M. Iladden, T. E. Upshaw, D. B. Lang, George K.
Griggs, James Dickey, C. 11. Lynch, George Huston, to be lieutenant-
colonels; B. F. Winficld, Plouston Hall, H. L. Lee, J. B. Golladay, to
be majors, reported, with the recommendation that all of said nomina-
tions be confirmed.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

Resolved, That the Senate advise and consent to their appointment,
agreeably to the nominations of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred the nominations of B. R. Johnson, to be major-general;
W. B. Goodlett, T. W. Alexander, E. H. McCaleb, J. M. Browne,
Charles A. Webl), William A. S. Tavlor, L. Flournoy, A. C. Hill,
C. N. Welshaus, A. M. Barnes, George A. Blain, R. M. Harkness,
Charles P. Roberts, G. C. Greenway, Virgil V, Moore, W. J. Sparks,
J. P. Butler, Thomas Barrow, William P. Pillans, William K. Davis,
James D. Easley, W. R. Garrett, M. D. Smallman, J. C. Judkins,
Daniel E. Brown, Charles R. Harris, Robert L. Parrish, Edw. H.
Davis, John A. Lewis, V. Hewitt, George W. Hunt, Thomas D.
Gregory, Alex. B. Moore, R. S. Harrison, W. T. Walke, P. W.
Arrington, W. L. McGaughy, Alfred Holmes, Albert B. Allen, McH.
W^hitaker, E. J. Darby, George Connar, J. T. Tannehill, F. Philips,
T. Reynolds, C. H. Gordon, A. McGlashan, James W. Mitchell, S. G.
Turner, Frank Jones, J. R. Mcintosh, W. P. McGowen, Robert E.
Garnier, Thomas H. Gibson, D. R. W. Mclver, to be adjutants, with
the rank of ffi'st lieutenants; J. H. French, Thomas N. Minter, to be
assistant commissaries, with the rank of captains, reported, with the
recommendation that all of said nominations be continued.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

Resolved, That the Senate advise and consent to their appointment,
agreeably to the nominations of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom



96 JOURNAL OF THE [May 27. 186^.

were referred the nominations of W. G. Calahan, to be major; Virgil
Weaver, Stark A. Sutton, W. E. Stitt, A. K liiehards, H. B. Bicksler,
John M. Robinson, Lewis Harman, William Dunovant, Fred W.
Airey, R. L. Keen, to be captains; John W. Carter, Adolph P. Webre,
to be first lieutenants; H. D. Thompson, Ed. M. Foe, Jesse W. Avant,
James W. Jordan, W. W. Kirkland, K. Taylor, R. A. Shotwell, Ind. C.
Francis, Festus King, Charles J. Harper, and Andrew Kreutz, to be
second lieutenants, reported, with the recommendation that all of said
nominations be confirmed.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

Be.sol/'ed, That the Senate advise and consent to their appointment
agreeabl}' to the nominations of the President.

Mr. Sparrow, from the Committee on INIilitary Affairs, to whom
was referred the nomination of B. L. Braselman, to be second lieuten-
ant in the Provisional Army of the Confederate States, reported, with
the recommendation that said nomination be confirmed.

The Senate proceeded to consider said report; and

On motion by Mr. Sparrow, that the further consideration be post-
poned until to-morrow.

On motion by Mr. Mitchel,

The Senate resolved into open legislative session.

FRIDAY, May 27, 186i.

OPEN SESSION.

Mr. Jemison (b}'^ leave) introduced

A l»ill (S. 47) to facilitate the settlement of the claims of deceased
soldiers;

which was read the first and second times and referred to the Commit-
tee on jNlilitary Afi'airs.

Mr. Walker submitted the following resolution; which was consid-
ered and agreed to:

licsolred, That the Committee on Military Affairs be instructed to inquire into the
expediency of ho amending the act to organize forces to serve during tlie war,
approved February seventeenth, eighteen hundred and sixty-four, as to jirovide for
tlie exemption from military service of the necessary officers of steamboats engaged
in transportation for the Government.

Mr. Si)arrow, from the Committee on Military Affairs, reported

A bill (S. 4S) to amend the act to provide an invalid corps, approved
February 17, 18(34;

which was read the first and second times and ordered to be placed
upon the Calendar.

A message from the House of Representatives, by Mr. Dalton:

Mr. PrcitidenI: The House of Representatives have passed l)ills and a joint resolu-
tion of the following titles; in which they request the concurrence of the Senate:

II. R. 12. An act to provide for the enrollment and conscription of certain non-
commissioned officers an(l privates in the Trans-Mississippi Department;

H. R. 119. An act to- amend so much of an act entitled "An act to organize forces
to serve during the war," approved 17th February, 1864, as relates to the exemption
of certain religious denominations; and

n. R. 9. Joint resolution responsive to the resolutions of the general assembly of
Virginia "asserting the jurisdiction and sovereignty of the State of Virginia over her
ancient boundaries."

They have passed bills and a joint resolution of the Senate of the following titles:

S. 10. An act to amend an act entitled "An act to aid any State in communicating
with and perfecting records concerning its troops," ajjproved IGth February, 18(34;



May 27, 1864.] SENATE. 97

S. 28. An act to amend an act entitled "An act creating the office of ensign in the
Army of the Confederate States;"

S. 41. An act to provide for the appointment of a disbursing clerk in the War
Department; and

S. 7. Joint resolution in regard to the exemption of editors and employees of news-
papers.

And they have passed the following bills of the Senate, with amendments; in
which they request the concurrence of the Senate:

S. 4. An act to provide means of transit across the Mississippi River for members
of Congress residing west of said river in going to and returning from the Confederate
States Congress; and

S. 39. An act to amend the several acts in regard to chaplains.

The President of the Confederate States has notified the House of Representatives
that on the 24th instant he approved and signed an act (H. R. 2) to provide for
the redemption of the old issue of Treasury notes held by certain Indian tribes.

The following bills were severally read the first and second times
and referred to the Conimittee on Military Affairs:

H. R. 12. An act to provide for the enrollment and conscription of
certain noncommissioned officers and privates in the Trans-Mississippi
Department; and

H. R. 119. An act to amend so nmch of an act entitled '"An act to
organize forces to serve during the war," approved ITth February,
1864, as relates to the exemption of certain religious denominations.

The joint resolution (H. R. 9) responsive to the resolutions of
the general assembly of Virginia "asserting the jurisdiction and sov-
ereignty of the State of Virginia over her ancient boundaries," was
read the first and second times and considered as in Committee of the
Whole; and no amendment being proposed, it was reported to the
Senate.

Ordered^ That it pass to a third reading.

The said resolution was read the third time.

Resolved^ That it pass.

Ordered^ That the Secretaiy inform the House of Representatives
thereof.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 4) to provide means of transit across the
Mississippi River for members of Congress residing west of said river
in going to and returning from the Confederate States Congress; and

Ordered^ That the}^ be referred to the Committee on Military
Affairs.

The Senate proceeded to consider the amendment of the House of
Representatives to the bill (S. 39) to amend the several acts in regard
to chaplains; and

Besolved, That they concur therein.

Ordered^ That the Secretary' inform the House of Representatives
thereof.

The Senate proceeded to consider the resolution submitted by Mr.
Johnson of Missouri 3'esterda3', to rescind the resolution passed by the
two Houses fixing Tuesday, the 31st instant, as the da}^ for the ad^'ourn-
ment of the present session of Congress; and

On motion by Mr. Johnson of Missouri,

Ot'dered^ That the further consideration of the resolution be post-
poned until to-morrow.

On motion by Mr. Burnett,

The Senate adjourned.

c J — VOL 4 — 04 7



98 JOURNAL OF THE [May 28, 1864.

SATURDAY, May 28, 1864.

OPEN SESSION.

Mr. Sparrow (by leave) introduced

A bill (S. 40) to authorize the manufacture of spirituous liquors for
the use of the Army and hospitals;

which was read the tirst and second times and referred to the Commit-
tee on Military Atl'airs.

Mr. Caperton submitted the following- resolution; which was con-
sidered and agreed to:

Iiei<ulre<I, That the Committee on Foreign Affairs Ix' instriu'ted to inquire into the
expediency of reciuestinj^ the rresideiit of the Confederate States to make an exposi-
tion, througli our commissioners abroad, to the various European powers to which
tl:ey may he accredited, of the violatioiw of the rules of civihzed warfare and of the
atrocities committed by the (jovernment and the aiinies of the United States in the
prosecution of hostilities against the Confederate States of Amerit-a.

On motion ])y Mr. Maxwell,

Ordered, That the Committee on Commerce be discharged from the further con-
sideration of the bill (S. 46) to create a department of foreign and interior supplies,
and to regulate the collection of import and export duties.

]\Ir. S[)arrow, from the Conunittee on ^Military Affairs, to whom
were referred the amendments of the House of Representatives to the
bill (S. 4) to ])rovide means of transit across the ^Iississip})i River for
members of Congress residing west of said river in g^oing to and
returning from the Confederate States Congress, reported them with-
out amendment.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 4) last mentioned; and

lie-so/ rc</. That tlicy concur therein.

Oiuh red^ That the Secretary inform tlie House of Representatives
thereof.

Mr. Hill, from the Conunittee on the Judiciary, rei)orted

A bill (S. oO) to regulate the selection of juries in the district courts
of the Confederate States in certain cases;

which was read tlie tirst and second times and considered as in Com-
mittee of the Whole; and no amendment being proposed, it was
reported to the Senate.

Oi'ddUil, That it be engrossed and read a third time.

The said ])ill was read the third time.

Rixolred^ That it pass, and that the titli' thereof be as aforesaid.

< )!•(!( i'< (I, That the Secretary re<iuest the concurroiuc" of the House
of Re})resentatives therein.

Mr. Hill, from the Committee on the Judiciary, to whom was
referred the bill (S. 38) for the payment of commissioners appointed
under the act entitled "An act to suspend the privilege of the writ of
habeas corpus in certain cases," and to confer certain powers upon
said commissioners, reported it with amendments.

Ordei'cd, That the bill and amendments be printed.

^fr. Haynes, from the Connnittee on the fladiciary, to whom was
referred the bill (11. R. o'2) to amend an act of this Congress entitled
"An act to provide for holdmg eloctions of Representatives in tht^
Congress of the Confederate States in the State of Tennessee," reported
it with an amendment.



May 28, 1864.] SENATE. 99

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said l>ilh and the reported amendment having been
agreed to, the bill ^vas reported to the Senate and the amendment was
concurred in.

Ordered^ That the amendment be engrossed and the l)il! i-ead a
third time.

The said bill as amended was read the third time.

Resolved, That it pass with an amendment.

On motion by Mr. Havnes, the title was amended to read: ''An act
to amend an act entitled 'An act to provide for holding elections of
Representatives in the Congress of the Confederate States in the State
of Tennessee.' approved May first, eighteen hundred and sixtv-three."'

Ordered, That the Secretary request the concurrence of the House
of Representatives in the amendment.

Mr. Graham, from the Joint Committee on Impressments, reported
the following l)ills: which were severallv read the tirst and second
times and ordered to be placed upon the Calendar and printed:

S. 51. A bill to provide supplies for the Armv and to prescribe the
mode of making impressments: and

S. 52. A bill providing for the establishment and pavment of claims
for property taken or informally and unwarrantablv impressed for the
use of the Government.

Mr. Caperton (by leave) introduced

A bill (S. 53) to amend the several acts in relation to a volunteer
navy ;

which was read the lir.»t and second times and referred to the Commit-
tee on Naval Aliairs.

Mr. Baker sul:)mitted the following resokition: which was consid-
ered and agreed to:

Resolved, That the Committee on ^lihtarv Affairs be instructed to inquire into the
expediency of amending the act to provide for the pubUc defense, approved March
sixth, eighteen hundred and sixty-four, bv authorizins: the appointment of as-i^tant
quartermasters for battahons.

The Senate resumed the consideration of the resolution submitted by
Mr. Johnson of Missouri on the 2fc)th instant, to rescind the resolution
passed by the two Houses fixing Tuesdav, the 31st instant, as the day
for the adjournment of the present session of Congress: and

On motion by ]Mr. Johnson of Missouri.

Ordered, That the further consideration of the resolution be post-
poned until Monday next.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 4N) to amend the act to provide an invalid corps
approved February IT. Is64. '

On motion by Mr. Sparrow, to amend the bill l)v insertino- after
"seamen,'' line 7, the words

ordinary seamen, landsmen, and bovs of the Xavv, and the noncommissioned offi-
cers, musicians, and privates of the IMarine Corps, "

It was determined in the athrmative.
_ The l)ill having been further amended on the motion of Mr. Sparrow,
it was reported to the Senate and the amendments were concurred in.

Ordered. That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

3151.4^



100 JOURNAL OF THE [May 28, 1864.

Ordered^ That the Secretary request the concurrence of the House
of Representatives therein.
On motion by Mr. Orr,
The Senate resolved into executive session.
The doors having been opened,
On motion l)y Mr. (iraham.



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