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

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organize a general staff for armies in the field, to serve during the
war," be referred to the Committee on Militar}^ Afiairs.

Mr. Sennnes (by leave) introduced

A ))ill (S. 59) to authorize the owners of the registered eight per
cent ten-year convertible bonds issued imder the provisions of the act
approved 16th May, 1861, to exchange the same for coupon bonds;
which w^as read the first and second times and referred to the Commit-
tee on Finance.

Mr. Semmes (by leave) introduced

A bill (S. 60) to amend an act entitled '"'"An act to prohibit the impor-
tation of luxuries, or of articles not necessaries or of connnon use,"
approved February 6, 1861;

which w^as read the first and second times and referred to the Connnit-
tee on Commerce.

Mr. Watson (by leave) introduced

A bill (S. 61) to amend an act entitled "An act to organize military
coiu-ts to attend the Army of the Confederate States in the field, and
to define the powers of said courts;"

which w^as read the first and second times and referred to the Commit-
tee on Military Afl'airs.

On motion by Mr. Graham,

Ordered^ That the Hon. William T. Dortch have leave of absence
from the sessions of the Senate imtil Tuesday next.

Mr. Sparrow, from the Committee on Military Afiairs, to whom
was referred the joint resolution (H. R. lO) of thanks to the Ninth
Regiment of Texas Infantry, reported it without amendment.

The Senate proceeded, as in Conunittee of the Whole, to the con-
sideration of the said resolution; and no amendment being proposed,
it was reported to the Senate.

07'dered, That it pass to a third reading.

The said resolution was read the third time.

Resolved^ That it pass.

Ordered^ That the Secretary inform the House of Representatives
(hereof.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (S. 55) to authorize the fortnation of new com-
iriands, to be composed of supernumerary officers who may resign to
join such commands, and to limit and restrict the appointment of offi-
cers in certain cases, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill,
c .1— VOL 4—04 9



130 JOURNAL OF THE [June 1, 1864.

On motion by Mr. Orr,to amend the bill b}' inserting after "organi-
zations,*"' section 2, line 3, the words "or any other company in the
Confederate service which does not exceed the maximum prescribed
b\' law,"

It was determined in the affii'mative.

No further amendment ])eing made, the bill was reported to the
Senate and the amendment was concurred in.

Ordeied^ 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.

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

On motion by Mr. Brown,

Ordered, That the Committee on Naval Affairs l)e discharged from
the further consideration of the report of the Secretarv of the Navv
of the 2d of May last.

Mr. Brown, from the Committee on Naval Affairs, reported

A bill (S. 62) to amend an act entitled "An act to create a provisional
navy of tlic (\)nfederate States,"" ap])roved May 1, 1863;
which was read the tirst and seconfl times and considered as in Com-
mittee of the Whole; and no amendment l)eing proposed, it was
reported to the Senate.

Ordered, That it ))e 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.

Order'ed^ That the Secretarv recjuest the concurrence of the House
of Representatives therein.

Mr. ^Nlitchel, fiom the Committee on Post-Offices and Post-Roads,
to whom was referred the bill (H. R. 125) to establish certain post
routes therein named, reported it with sm amendment.

The Senate proceed(>d, as in Committee of the Whole, to the consid-
eration of the said bill; and the reported amendment having been
agreed to, the bill was reported to the Senate and the amendment was
concurred in.

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

The said bill as amended was read the third time.

Rcsolred, That it pass with an amendment.

Ordt r(d, I'hat the Secretary recjuest the concurrence of the House
of Re})resentatives in the amendment.

Mr. Burnett, from the Committee on Claims, to whom was referred
the petition of Margaret A. Rice, reported

A bill (S. 63) for the relief of Mrs. Margaret A. Rice;
which was read the tirst and second times and considered as in Com-
mittee of the Whole; and no amendment being proposed, it was
reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said l)ill was read the tiiird time.

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

Ordered, That the S(>eretary retjuest the concurrence of the House
of Representatives therein.

Mr. Watson presented the memorial of Theodoric C. Lyon, form-
erl\' a commissioned otlicer in the Provisional Army of the Confed-
erate States, and cashiered for the utterance in August, 1863, at



Jtmc 1,1864.] SENATE. 131

Columbus, Miss., of a political paper known as "the Thompson
letter," praying- for a redress of grievance: which was referred to the
Committee on Military Affairs.

On motion by jNIr. Orr,

Ordtvtd^ That the message of the President of the Confederate
States of the 15th of February last, transmitting copies of the charges
and specifications, and of the accompan3ing papers, in the case of
Maj. H. C. Guerin, commissary of subsistence, be taken from the tiles
of the Senate and referred to the Committee on Military Affairs.

The bill (H. R. 135) to increase the compensation of the assistant
clerks in the Senate and House of Representatives was read the tirst
and second times and referred to the Committee on Finance.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 33) to regulate the compensation and
mileage of members of Congress for the present session; and

Resolved., That they concur therein.

Ordered., That the Secretary inform the House of Representatives
thereof.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 15) to furnish transportation to officers
of the Army and Navy while traveling under orders; and

Resolved .1 That they concur therein.

Ordered., That the Secretary inform the House of Representatives
thereof.

The Senate proceeded to consider the amendment of the House of
Representatives to the bill (S. 31) to promote the etficiency of the
cavalry of .the Provisional Army, and to punish lawlessness and irregu-
larities of any portions thereof; and

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

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 31) to provide for the compensation
of noncommissioned officers, soldiers, sailors, and marines on detailed
service; and

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

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 13) to regulate the pay of a general
assigned to duty at the seat of government under the provisions of the
act approved March 25, 18C2; and

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 51) to provide supplies for the Army and to pre-
scribe the mode of making impressments.

On motion by Mr. Watson, to amend the bill by inserting at the end
of the sixth section the following proviso:

Prorided, That this prohiytition shall not be applicable to any district, county, or
parish in which there shall be no officer or agent charged with the assessment and
collection of the tax in kind.

It was determined in the affirmative.

On motion by Mr. Sennnes, to amend the bill by inserting the
following independent section:

Sec. — . That in every case where a white person, the head of a family, and the
owner of no slaves or not more than one able-bodied male slave, is solely engaged in
the occupation of raising neat cattle, and is exclusively dependent on said cattle for



132 JOURNAL OF THE [June 1, 1861.

the sirpport of his or her family, tlie neat cattle of such ])erson, to the extent of fifty
head, shall Ije exempt from the contribution and impressments authorized by this act,

It was determinfid in the negative.

On motion by Mr. Hill, to amend the ))ill by striking out all' of the
sixth section after "confided," in the second line, and inserting:

to the officers and agents charged, in the several districts, with the assessment and
collection of the tax in kind and of the contribution herein required; and no other
person, oflic'er or soldier, shall make impressment except in cases of absolute ami
pressing necessity, and when subsistence or forage can not be otherwise procured,
which necessity "shall be determined alone by the officer in immediate command;
and the impressment shall l^e made on the written order of sucli officer in command,
who shall make a written report to the Secretary of War of the necessity and the
extent of the impressment.

It was determined in the negative.

On motion by Mr. Semmes, to amend the bill by inserting at the end
of the first section the words

except that payment for cotton and tol)acco shall be made by the agents of the
Treasury Department appointed to receive the same,

It was determined in the affirmative.

On motion by Mr. Barnwell, to amend the bill by striking out the
sixth section, as follows:

Sec. 6. The right and the duty of making impressments is hereby confided
exclusively to tiie officers and agents charged, in the several districts, with the
assessment and collection of the lax in kind and of the contribution herein required;
and all officers and soldiers in any department of the Army are hereby expressly
prohibited from undertaking in any manner to interfere with these officers and
agents in any part of their duties, in respect to the tax in kind, the contribution, or
tlie imiiressments herein provided for: Proiidid, That this prohibition shall not be
applical)le to any district, county, or parish in v. hich there shall )>e no officer or
agent charged with the assessmeiit and collection of the tax in kind,

( Yeas ^

It was detcnnitu'd in the "SJ^^ti^G, -j -^t ' "~ j2

On motion t)y Mr. Orr,

The yeas and nays being desired l)y one-fifth of the Senators present,

Those who voted in the alHrmativt^ are,

Messrs. Barnwell, Burnett, Dortch, Henry, Hill, Johnson of
Georgia, Maxwell, Semmes, and Sparrow.

Those who voted in the negative are,

Messrs. Baker. Caperton, (Jraham, Hayncs, Hunter, Jemison, John-
son of Arkansas, Johnson of jMissouri, Mitchel, Orr, ^^^dker, and
Watson.

On motion by Mr. Jemison, to amend the bill by inserting after
''(luartcrmastcis,"' section 7, line S, the words " for the tax in kind,"

It was determined in the affirmative.

On motion by Mr. Jemison, to amend the bill by inserting the follow-
ing independent section:

Sec. — . That it shall not be lawful to impress any sheep, milch cows, brood mares,
stud-horses, jacks, bulls, or other stock kept or necessary for raising horses, mules,
or cattle.

It was determined in th(^ aflirmative.

No further amendment being made, the bill was reported to the
Senate and the amendments were concurred in.

Onhi'f'd, That the bill be engrossed and read a third time.
The said bill was read the third time.
On the question,



June 1,1864.] SENATE. 133

Shall the bill now pass?

It was determined in the affirmative, j^ ^

On motion by Mr. Henry,

The yeas and nays being desired by one-fifth ot" the Senators present.

Those who voted in the affirmative are,

Messrs. Caperton, Graham, Haynes, Jemison, Johnson of Arkansas,
Johnson of Missouri, Mitchel, Orr, Walker, and Watson.

Those who voted in the negative are,

Messrs. Baker, Burnett, Henry, Hunter, Maxwell, Senimes, and
Sparrow.

So it was

Resolved^ That this bill pass, and that the title thereof be as afore-
said.

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

On motion by Mr. Orr, that the vote on passing the bill (S. 51) to
provide supplies for the Arm}' and to prescribe the mode of making
impressments be reconsidered,

. It was determined in the negative, - T^T " -,^

^ ' ( JNaj^s - 10

On motion by Mr. Henr}^,

The yeas and nays being desired b}" one-lif th of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Burnett, Dortch, Henry, Hunter, Johnson of
Georgia, Maxwell, Semmes, and Sparrow.

Those who voted in the negative are,

Messrs. Caperton, Graham, Haynes, Jemison, Johnson of Arkansas,
Johnson of Missouri, Mitchel, Orr, Walker, and Watson.

So the Senate refused to reconsider the vote on passing the said bill.

On motion by Mr. Burnett,

The Senate resolved into executive session.

The doors having been opened.

The following message was received from the House of Representa-
tives, by Mr. Dalton:

3fr. Presidfut: The House of Representatives have passed bills of the following
titles; in which they request the concurrence of the Senate:

H. R. 90. An act to authorize the President to confer temporary rank and com-
mand upon officers of the Provisional Army who may be assigned for special service;
and

H. R. 134. An act to amend an act entitled "An act to establish a niter and
mining bureau," approved April 22, 1863.

The bills (H. R. 90 and H. R. 134) last mentioned Avere sevei-ally
read the iirst and second times and referred to the Committee on
Military Affairs.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 58) to authorize the appointment of quartermas-
ters and assistant quartermasters and commissaries and assistant
commissaries in the Provisional Arm}- in certain cases.

On motion by Mr. Mitchel, to amend the bill by inserting after
"can," section 3, line 5, the words

in the opinion of the Quartermaster or Commissary General, subject to the discre-
tion of the Secretary of War,

It was determined in the affirmative.



134 JOURNAL OF THE [Junel,1864.

No further amendment being proposed, the bill was reported to the
Senate and the amendment was concurred in.

Ordered^ That the liill 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.

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

On motion by Mr, Semmes,

The Senate adjourned.

SECRET SESSION.

A message from the House of Representatives, b}^ Mr. Dal ton:

Mr. President: The House of Representatives have passed a bill (H. R. 133) mak-
ing appropriations for the redenii)tion of the seven per cent foreign loan authorized
by act of Congress approved January 29, 1863; in which they request the concurrence
of the Senate.

The bill (H. R. 133) last mentioned was read tha first and second
times and referred to the Conmiittee on Finance.
On motion by Mr. Orr,
The Senate resolved into open legislative session.

EXECUTIVE SESSION.

The following messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:

Confederate States of America, Executive Department,

Richmond, June 1, 1864.
To the Senate of tlte Confederate States:

Agreeably to the reconiniendation of the Secretary of War, I nominate the officers
on the accompanying list to the rank affixed to thnr names, i-espectively.

.JEFFERSON DAVIS.
No. 21.] Confederate States of Amkkica, War Dehart.ment,

Ridnnoud, May 26, 1864-
Sir: 1 have the honor to recommend the following nominations for appointment in
the Provisional Army of the Confederate States of America:

Quartermaster — major.

T. H. Williams, of Georgia, to take rank from Ai)ril 28, 1864.

Assistatd quartermasters — captains.

Frank Lumi)kin, of Georgia, to take rank from April 30, 1864.
J. J. Flournoy, of Mississippi, to take rank from April 11, 1864.
R. J. Lee, of texas, to take rank from February 19, 1864.
I am, sir, respectfullv, vour obedient servant,

J. A. SEDDON,
Secretary of War.
To His Extellency Jefferson Davis,

Presided, etc.

The message was read.

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

Confederate States c*- America, Executive Department,

Richmond, June 1, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen.
J. B. Kersliuw, of South Carolina, to be a major-general in the Provisional Army of
the Confederate States of America.

JEFFERSON DAVIS.



Junel,lS64.] SENATE. 135

Confederate States of America, War Department,

Richmond, June 1, 1864-
Sir: I have the honor to recommend the nomination of Brig. Gen. J. B. Kershaw,
of South Carohna, to be a major-general in the Provisional Army of the Confederate
States of America (to command McLaws' division. Army of Northern Virginia), to
rank from May 18, 1864. ^

I am, sir, respectfully, your obedient servant,

JAMES 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 Aflairs.
The following- messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:

Confederate States of America, Executive Department,

Richmond, June 1, I864.
To the Senate of tlie Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen.
William Mahone, of Virginia, to temporary rank of major-general in the Provisional
Army of the Confederate States of America, under act approved May 30, 1864.

JEFFERSON DAVIS.

Confederate States of America, War Department,

Riclimond, June 1, 1S64-
Sir: I have the honor to recommend the nomination of Brig. Gen. William
Mahone, of Virginia, to temporary rank of major-general in the Provisional Army
of the Confederate States of America, under act approved May 30, 1864 (to command
Anderson's division. Army of Northern Virginia), to date from confirmation.
I am, sir, respectfully, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Richmond, Va., May 31, I864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I hereby nominate
Brig. Gen. S. D. Ramseur, to be major-general, with temporary rank, in the Provi-
sional Army of the Confederate States.

JEFFERSON DAVIS.

Confederate States of America, War Department,

Richmond, May 31, IS64.
Sir: I have the honor to recommend the nomination of Brig. Gen. S. D. Ramseur,
of North Carolina, to temporary rank of major-general in the Provisional iirmy of
the Confederate States of America, under act approved I\Iay 30, 1864 (to command
Early's division. Army of Northern Virginia), to date from confirmation.
I am, sir, respe(;tfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Confederate States op America, Executive Department,

Richmo7id, May 31, I864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Maj. Gen.
R. H. Anderson, of South Carolina, to be a lieutenant-general in tlie Provisional
Army, with temporary rank, for the command of a corps in the Army of Northern
Virginia, to date from May 31, 1864.

JEFFERSON DAVIS.



136 JOUKNAL OF THE [June 1, lb64.

Confederate States of America, War Department,

Ridimovd, May SI, 1SG4.
Sir: I have the honor to recommend the nomination of Maj. Gen. R. H. Anderson,
of South CaroUna, to be heutenant-general, with temporary rank, for the command of
a corps in the Army of Northern Virginia, in the Provisional Army of the Confederate
States of America, to date from May 31, 1864.

I am, sir, respectfully, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The Senate proceeded to the consideration of the nominations of
Brig. Gen. AVilliam Mahone, of Virginia, to temporary rank of major-
general in the Provisional Arm}- of the Confederate States of America
(to command Anderson's division. Army of Northern Virginia), to
date from confirmation; Brig, Gen. S. D. Ramseur, of North Caro-
lina, to temporary rank of major-general in the Provisional Armj^ of
the Confederate States of America (to command Early's division, Army
of Northern Virginia), to date from contirmation; Maj. Gen. R. H.
Anderson, of South Carolina, to be lieutenant-general, with temporary
rank, for the connnand of a corps in the Army of Northern Virginia, in
the Provisional Army of the Confederate States of America, to rank
from May 81, Istil, under act approved May 31, l.S(i4; and

R(.s<>l r('(K That the Senate advise and consent to their appointment,
agi'eeahly to the nomination of the President.

The following message was received from the President of the Con-
federate States, by Mr. B. N, Harrison, his Secretar}':

Confederate States op America Executive Department,

Rickmo)ul, May 31, 1864.
To the Senate of the Confederate States:

Agreeably to the recdnniiendalidn of the Secretary of War, I nominate the officers
on the accompanying H.^^t to the rank affixed to their names, respectively.

JEFKERSON DAVIS.

Confederate States of America, War Department,

Richmond, Va., May 7, 1S64.
Sir: I have the honor to recommend the following nominations for api)ointment
in the Provisional Army of the Confederate States of America:

SKiNAI, officers.

Captain.

S. M. Routh, of Louisiana, to be captain, vi(« Captain Alexander, resigned, to rank
from February 19, 1S()4.

First lieutenants.

J. N. Stul^bs, of Virginia, to be first lieutenant, vice Lieutenant Lindsay, resigned,
to rank from Fel)niary 19, 1864.

J. L. Doggett, of N'irginia, to be first lieutenant, vice Lieutenant Routh, pi-omoted,
to rank from February 19, 1864.

Second lieutenant.

Skipwith Wilmer, of Virginia, to be second lieutenant, vice Lieutenant Stubbs,
promoted, to rank from February 19, 1864.

I am, sir, respectfullv, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His F^xcellency Jefferson Davis,

President, etc.



June 1,1864.] SENATE. 137

The message was read.

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

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to
whom were referred (on the 30th ultimo) the nominations of Edward A.
Thomas, to be postmaster at Holly Springs, Marshall County, Miss.;
N. A. Bull, to be postmaster at Orangeburg-, S. C. ; Nathan Selig-
man, at Shreveport, La.; Henry Townsend, at Wetumpka, Ala.;
Richard C. Wallace, at Georgetown, S. C. ; Noah L. Cloud, at
Bainbridge, Ga.; Rufus W. Daniel, at Weldon, N. C. ; and of Dr.
.lames H. Starr, of Nacogdoches, Tex., to be agent of the Post-Office
Department for the country west of the Mississippi River, under act
of Congress approved Februarv 10, 1861, reported, with the recom-
mendation that all of said nominations be confirmed.

The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was

Re><oJr<d., That the Senate advise and consent to their appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
Avere referred (on the 25th of May last) the nominations of S. J. Ghol-
son, Bryan Grimes, James Conner, Rufus Barringer, to be brigadier-
generals; Isham Harrison, W. D. Mitchell, T. P. Shaw, W. G. Swan-
son, Robert White, O. M. Dantzler, to be colonels; J. McAnerney,
C. T. O'Ferrall, W. W. Billopp, E. G. Brasher, D. E. Scruggs, to
be lieutenant-colonels; J. J. Owen, James W. Banning, George W.
Reynolds, J. W. Carter, N. Stallworth, F. H. Calmese, to be majors
of infantrv; Sidne}'^ T. Fontaine, George R. Wilson, to be majors of
artillery; R. C. M. Sale, A. L. De Rosset, J. R. S. Gilliland, to be
captains; W. Perrin Kemp, J. L. Bostick, William H. Hardy, to be
aids-de-camp, with the rank of first lieutenant; W^illiam M. Cravens,
John L. Hammond, W. J. Van de Graafl", J. L. Lockwood, John W.
Johnson, David L. Sweatmaii, George W\ Orton, W. W. Zimmerman,
to be adjutants, with the rank of fii'st lieutenant; A. P. Sangrain, to
be adjutant Twenty -seventh Arkansas Regiment; L. T. Nunnelee, to
be second lieutenant, Stuart's Artiller}-; C. Cfrrrington, Charles D.



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