Confederate States of America. Congress.

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

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Edmunds, S. S. Herrick, N. M. Read, John Leyburn, Robert C.
Powell, R. C. Bowles, John P. Lipscomb, William C. Jones, William
Sheppardson, C. M. Parker, C. Wesley Thomas, Henry B. Melvin,
William S. Stoakley, Williajn W. Griggs, Joseph S. Tipton, George
B. Weston, George^ N. Halstead, James V. Cook, James O. Grant,
Pike Brown, Henry G. Land, G. W. Claiborne, James M. Hicks, Joel

c .1— VOL 4—04 10



146 JOURNAL OF THE [June 3, 1864.

G. King, Daniel E. Ewart, Edward Caiie, Jeptha V. Harris, Lutlwr
R. Dickinson, John B. Rutherford, George A. Eoote, Nathaniel K.
Henderson, James W. Behin, WatkinsL. Warren, Robert Kuykendall,
James G. Thomas, Walter E. Bondurant, James E. Mo3'ler, Frederick
Peck, Hug-h S. Paisley, John E. Duffel, James G. Boxley, Edmund
Goldsborough, to be assistant surgeons; Michael Quinn and J. Charles
Schroeder, to be chief engineers in the Provisional Navy, reported,
with the recommendation that all of said nominations be confirmed.

The Senate proceeded to the consideration of 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 was
referred the nomination of J. B. Kershaw, to be a major-general in the
Provisional Army of the Confederate States of America, reported, with
the recommendation that said nomination be confirmed.

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

Ri^Kolred, That the Senate advise and consent to his appointment,
agreeaV>ly to the nomination of the President.

On motion I)}' Mr. Mitchel,

The Senate resolved into secret legislative session,

FRIDAY, June 3, 1864.

OPEN SESSION.

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

Mr. Pre.ndenI: Tlie House of Kepresentatives have passed bills of the following
titles; in which they request the i-oneurrence of the Senate:

H. R. 107. An art to amend the tax laws;

H. R. 108. An act to amend the laws relating to the tax in kind; and

II. R. 14(5. An act to amend an act entitled "An act regulating the granting of
furloughs and discharges in hospitals," api)roved May 1, 1863.

Tlie House of Rei)resrntatives insist on their amendment to the hill of the Senate
(S. 31) to promote the efficiency of the cavalry of the Provisional Army, and to
punish lawlessness ami irregularities of any portions thereof, agree to tlie conference
askcxi by the Senate on the disagreeing votes of the two Houses thereon, and have
appointed j\Ir. Marshall of Kentucky, .Mr. Staples of A'irginia, and Mr. Singleton of
Mississipj)i managers at the same on their part.

The Speaker of the House of ReT^resentatives having signed sundry enrolled bills
and an enrolled jonit resolution, I am directed to bring them to the Senate for the
signature of their President.

On motion In' ]\Ir. ^laxwell.

Ordertd, That the President pro tempore appoint, for the remainder
of the present session, two additional members on the Committee on
Engro.'^sment and Enrollment; and

]\lr. Walker and Mr. Watson were appointed.

Mr. Baker siil)niittod the following resolution: whicli was considered
and agreed to:

Resolved, That the Committee on the Judiciary lie instructed to in(inire into tlie
expediency of increasing the salaries of judges of the district courts.

On motion by Mr. Orr.

Order<'d^ That the Hon. Allen T. Caperton have leave of absence
from the sessions of the Senate during the remainder of the present
session.



Junes, 1864.] SENATE. 147

Mr, Caperton, from the Committee on Foreign Affairs, who were
instructed b}- a resohition of the Senate to inquire into the expediency
of requesting- the President of the Confederate States to make an
exposition, through our commissioners abroad, to the various Euro-
pean powers to which the}" may be accredited, of the violations of the
rules of civilized warfare, and the atrocities committed by the Govern-
ment and armies of the United States, in the prosecution of hostilities
against the Confederate States of America, submitted a report (No. 4),
accompanied by the following resolution; which was considered and
agreed to:

Resolved, That the President of the Confederate States be requested to make an
exposition, through our commissioners abroad, to the various European powers to
which they may be accredited, of the violations of the rules of civilized*warfare, and
of the atrocities committed by the Government and the armies of the United States,
in the prosecution of hostilities against the Confederate States of America.

Mr. Sparrow, from the Committee on Military Affairs, who were
instructed by a resolution of the Senate to inquire into the subject,
reported

A bill (S. <diy) to amend the act entitled "An act to provide for the
public defense,'"' approved 6th March, 1861;

which was read the first 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 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. Sparrow, from the Committee on Military" Affairs, to whom was
referred the bill (S. 64) to provide for the establishment of a bureau of
polytechnics for the examination, experiment, and application of war-
like inventions, reported it without amendment.

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

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

H. R. 147. An act to amend an act entitled "An act to impose regulations upon the
foreign commerce of the Confederate States to provide for the public defense,"
approved February 6, 1864; and

H. R. 148. An act to raise money to increase the pay of soldiers.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred the amendments of the House of Representatives to 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, reported thereon.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S, 43) last mentioned; and

On motion by Mr. Barnwell,

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

Mr, Sparrow, from the Committee on jNlilitary Affairs, to whom was
referred the bill (S, 18) to repeal an act entitled "An act to provide a
staff and clerical force for any general who maj^ he assigned by the
President to duty at the seat of government," reported it without
amendment.

On motion by Mr, Sparrow,



148 JOURNAL OF THE [June 3, 1864.

Ordered., That the Committee on Militaiy Affairs be discharged
from the further consideration of the following" ))ills:

S. 3. A bill to authorize officers of the Army and Navy to purchase
rations; and

S. 17. A bill to provide rations for the officers of the Arm}" during
the war.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (H. R. 93) to amend the act approved February
17, 1864, entitled ''An act to allow commissioned officers of the Army
rations and the privilege of purchasing clothing from the Quarter-
masters Department," reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill.

On motion by Mr Orr, to amend the bill b}" striking out all after
the enacting clause and inserting:

That in addition to the rations allowed by said aet, officers in the Army whilst
on dnty in the lield, and officers of the naval service whilst afloat, may jmrchase
from any commissary or other officer re(|uired to issne subsistence to soldiers, marines,
or seamen at the prime cost thereof, inchnlin^r transportation, as follows: One ration
each for officers of and below tiie rank of colonel; two rations each for officers of the
rank of brigadier-general, major-general, ffnd lieutenant-general, and three rations each
for a general; one ration each for commissioned officers of the Navy of and below
the rank of commander, and two rations each f(jr officers above that rank.

Sicc. -. That an officer shall not draw or purchase, at any time, more of the com-
ponent ])ait of a ration than is issued to tlie private soldier at the same time.

ISec. 8. Thai nothing contained in this act or the act to which this is an amendment
shall be construed as allowing comnmtation for rations or as authorizing an officer
to receive or purchase rations except when he requires them for hia own use,

On motion by Mr. Barnwell, to amend the ])roposed amendment b}'
striking out of the (ir.st section the words

in addition to the rations allowed l)y said act, otlict'rs in tiie Army whilst on dnty in
the lield, and oHiccrs of tlu' naval service whilst afloat, may,

and inserting in lion thcn'ot" the words

all connnissioned ollicers in tlu' .\rmy and Navy shall Ite entitled to one ration, and
all connnissioned officers inthe lield and afloat, in addition thereto, shall be allowed to,

It was determined in the affirmative.

On motion by ^Ir. Sparrow, to amend the i)roposed amendment by
adding thereto the followilig:

Skc. 4. That this act shall continue in force only during the war,

It was determined in the affirmative.

On the question to agree to the amendment i)r()p()sed by ]Mr. Orr, as
amended,

It was determined in tln^ allirmative.

No further ainendnicnt being made, the bill was reported to the
Senate and the auKMulment was concurred in.

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

The said bill as amended svas read the third time.

Rexolred^ That it pass with an amendment.

Ordered., That the Secretary request the concurrence of the House
of Ke])resentatives in the amendment.

Th(^ t'ollowing bills wiM'e s(Merally rend th(> lirst and second times
and reF(M-red to the Committee on Finance:

II. R. loT. An ai't to amend the tax laws;



Juiie3,186^.] SENATE. 149

H. R. 108. An act to amend the laws relating- to the tax in kind; and

H, R. 118. An act to raise mone}^ to increase the pay of soldiers.

On motion l)v Mr. Graham,

Ordered^ That they be printed.

The bill (H. R. 116) to amend an act entitled '""An act reg-ulating- the
granting- of furloughs and discharges in hospitals," approved May 1,
1863, Avas read the iirst and second times and referred to the Commit-
tee on Military A Hairs.

The bill (H. R. 117) to amend an act entitled "An act to impose
regulations upon the foreign commerce of the Confederate States to
provide for the public defense" was read the first and second times
and referred to the Conmiittee on Commerce.

Mr. Maxwell, from the committee, reported that they had examined
and found truly enrolled ])ills and a joint resolution of the following-
titles:

S. 15. An act to furnish transportation to officers of the Army and
Nav}^ while traveling under orders;

S. 23. An act to provide for the appointment of additional military
storekeepers in the Provisional Army of the Confederate States;

S. 21. An act to authorize the appointment of additional officers of
artillery for ordnance duties; and

H. R. 9. Joint resolution responsive to the resolutions of the gen-
eral assembly of Virginia '"asserting the jurisdiction and sovereign tj^
of the State of Virginia over her ancient boimdaries.*"

The President pro tempore having signed the enrolled bills and
enrolled joint resolution last reported to have been examined, they
were delivered to the Secretary of the Senate and l)y him forthwith
presented to the President of the Confederate States for his approval.

The Senate resumed, as in Committee of the Whole, the consider-
ation of the ])ill (H. R. 135) to increase the compensation of the
assistant clerks in the Senate and House of Representatives; and

On motion by Mr. Baker,

Ordered^ That the further consideration thereof l)e postponed initil
to-morrow.

The Senate resumed, as in Committee of the Whole, the consider-
ation of the bill (S. 52) providing for the establishment and payment
of claims for property taken or informall}" and unwarrantably
impressed for the use of the Government.

On motion by Mr. Semmes, to amend the bill by striking out all
after the enacting clause and inserting:

That it shall be the duty of the Secretary of War to appoint and assign, in each
Congressional district and for each Territory, an agent not liable to military duty in
the field, who shall, at stated times, in each county or imrish, vmder the direction
of the post quartermaster nearest to him, receive and take proof under oath in rela-
tion to all claims in said distri(tt for forage, provisions, cattle, sheep, hogs, horses,
imdes, teams, and wagons heretofore furnished to the Army by the owner or here-
tofore taken or informally impressed for the use of the Army and not yet paid for,
by any officer in the military service or by his order or direction, express or
implied, from the use of the property, whether said officer be a Hue or staff ofiicer,
and whether he be a bonded officer or otherwise, and rejiort the facts and transmit
the evidence in each case to the proper accounting officers of the Treasury, together
with his opinion as to the justice and validity of the claim; and tlic said accounting
officers are hereby authorized to audit and control, and order })ayment of such
claims as appear to them to be equitable and just: rroridcd, That ail such claims
originating west of the Mississipi)i Kiver shall be reported to the accounting officers
of the Treasury Department established for the Trans-Mississippi Department, who
are hereby authorized to audit, control, and direct payment of the same in the same



150 JOURNAL OF THE [June 3, 1864.

manner as the accounting officers of the Treasury east of the Mississippi River.
And the said agent is hereby authorized, in taking testimony in regard to said claims,
to administer oaths to witnesses, and, if he think proper, to the claimants them-
selves. The compensation allowed to said agent shall l)e ten dollars per day while
actually engaged in the perfohnance of the duties imposed on him by this act, and
thirty cents per mile for every mile actually traveled by him, to be paid under regu-
lations to be prescribed by the Secretary of War: Provided, That the Secretary of
War may assign to the duty herein mentioned any quartermaster or disabled officer
of the Army; and in that event said officer or quartermaster shall, in addition to the
compensation now allowed him by law, be entitled to mileage at the rate of forty
cents per mile.

Sec. 2. This act shall cease and determine on the first day of January, eighteen
hundred and sixty-five, east of the Mississippi River, and on the first day of May,
eighteen hundred and sixty-five, west of the Mississippi River; and all claims of
the description aforesaid, not presented to the agent aforesaid prior to said dates at
the respective places mentioned, shall not be entitled to the benefits of this act,

On motion ))v Mr. Simnis, to amend the proposed amendment b}^
inserting at the end of the lirst section the following proviso:

Provided further, That the Secretary of War may appoint and assign any non-
commissioned officer or private to perform the duties under this act who may be
unfit for active service in the field because of wounds received or disease contracted
in said service, ancl the pay and allowances of such noncommissioned officer or pri-
vate, when so appointed aiid a.ssigned, shall be the same as are allowed to persons
so appointed who may not Ije liable to military service.

It was determined in the affirmative.

On the question to agree to the amendment proposed b}' Mr. Semmes,
as amended.

It Avas determined in the affirmative.

No further amendmcMt being made, the ))ill was reported to the Sen-
ate and the aineiidiiieiit was concui-i-ed in.

Onlnd, That the l)ill be engrossed and read a third time.

The said bill was read the third time and the title was amended.

On the (juestion,

Shall the bill now pass?

It was determined in the affirmative, j -^^y^ q

On motion by Mr. Orr,

The yeas and nays ])eing desired by one-tif th of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, (haham, Haynes, Jemison, Johnson of Arkansas,
Johnson of Missouri, Mitchel, Semmes, Sparrow, Walker, Watson,
and Wigfall.

Those who voted on the negative are,

Messrs. Baker, Barnwell, Henry, Hunter, Johnson of Georgia, and
Orr.

So it was

Resolved^ That this bill pass, and that the title thereof be "An act
providing for the establishment and payment of claims for a certain
description of property taken or informally impressed for the use of
the Army."

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. K. 134) to amend an act entitled ''An act to
establish a niter and mining bureau," approved April 22, 1863; and

On motion by Mr. Johnson of Arkansas,



June 4, 1864.] SENATE. 151

Ordered^ That the further consideration thereof be postponed until
to-morrow.

The Senate proceeded, as in Committee of the Y/'hole, to the consid-
eration of the bill (S. 64) to provide for the establishment of a bureau
of polytechnics for the examination, experiment, and application of
warlike inventions.

On motion by Mr. Wigfall, to amend the bill by inserting after
"of," section 3, line 2, the words "such numbers of,"

It. was determined in the affirmative.

On motion by Mr. Wigfall, to amend the bill by inserting after "con-
struction," section 3, line tt, the words "as the service may require,"

It was determined in the affirmative.

On motion by Mr. Wigfall, to amend the bill by inserting after
"President," section 3, line 4, the words "b}^ and with the advice and
consent of the Senate,"

It was determined in the affirmative.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Graham,

The Senate adjourned.

SECRET SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 65) to aid in the construction of ironclad gunboats
for the defense of Western and Southern rivers, reported it with an
amendment.

On motion by Mr. Mitchel,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

On motion by Mr. Sparrow,

Ordered^ That the Secretary of the Senate transmit to the Adjutant-
General, to be returned by him in ten days, the original lists of all
nominations sent to the Senate at the last session which were postponed
or continued for consideration until the present session.

On motion by Mr. Mitchel,

The Senate resolved into secret legislative session.

SATURDAY, June 4, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives liave passed bills of the following
titles; in which they request the concurrence of the Senate:

H. R. 123. An act making appropriations for the support of the Government of
the Confederate States of America from July 1 to December 31, 1864, and to supply a
deficiency; and

H. R. 124. An act making appropriations for the postal service of the C'onfederate
States for the year 1862 and 1863.

The House of Representatives have agreed to the amendments of the Senate to the
following bills:

H. R. 8. An act to authorize the judge of the district court for the northern dis-
trict of Georgia to change the place of holding said court; and



152 JOURNAL OF THE - [June4, 1864.

H. R. 92. An act to amend the act approved February 17, 1864, entitled "An act to
allow commissioned officers of the Army rations and the privilege of purchasing
clothing from the Quartermaster's Department; " and

H. R. 125. An act to establish certain post routes therein named.

Mr. Mitchel (bj^ leave) introduced

A bill (S. 67) to organize a corps of scouts and guards to facilitate
communication with the Trans-Mississippi Department;
which was read the first and second times and referred to the Com-
mittee on Military Affairs.

Mr. Johnson of Missouri (by leave) introduced

A bill (S. 68) to provide for paying officers and soldiers the loss sus-
tained by them on account of the depreciation of Confederate Treasury
notes;

which was read the first and second times and referred to the Com-
mittee on Militar}" Affairs.

A message from the House of Representatives, b}?^ Mr. Dalton:

Mr. President: The House of Representatives have passed the joint resolution of the
Senate (S. 8) directing tlie settlement of the claim of Zedekiah McDaniel and
Francis M. Ewing, for destroying the Federal gunboat Cairo by means of a torpedo,
with an amendment; in which they request the concarrence of the Senate.

On motion by Mr. Jemison,

Ordered^ That the memorial of John B. Read, of the State of Ala-
bama, praying compensation for the use, by the Ami}' and Navy of
the Confederate States, of the "Read Shell," be taken from the files
of the Senate and referred to the Committee on Naval Affairs.

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

Renolved, That the Senate will, during the remainder of the present session, take a
recess daily, from the hour of half past three o'clock postmeridian to eight o'clock
postmeridian.

Mr. Bariiwell. from the Committee on Finance, to whom was referred
the bill (11. K. !»8) to amend an act entitled "An act to reduce the cur-
rency and to authorize a new issue of notes and bonds," approved
February 17, IStU, r(>ported it with the reconnnendation that it ought
not to pass.

The Senate proceeded, as in Committee of the AVhole, to the consid-
eration of the said bill; and

On motion by ]\Ir. Johnson of Arkansas, that the bill lie upon the
table,

It was dotoi'ininod in the negative.

No amendnuMit being proposed, the bill was reported to the Senate.

Onhvid^ That it pass to a third reading.

The said l>ill was read the third time.

On the question,

Shall the bill now pass?

It was determined in the affirmative, \ ^^ ^ , , .

' I Nays 10

On motion by ^Ir. Orr,

The yeas and nays hiding desired by one-iifth of the Senators present.
Those who voted in the affirmative are.

Messrs. Bilker. Brown, llaynes, Henry. .Johnson of Missouri, Max-
well, Mitchel, Oldliani. Sinnns. Walker, and Watson.
Those who voted in the neijative are.



June 4, 1S64.] SENATE. 153

Messrs. Barnwell, Graham, Hunter, Jemison, Johnson of Georgia,
Johnson of Arkansas, Orr, Senniies, Sparrow, and Wiglall.

So it was

Hvsolrcd^ That this bill pass.

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

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged from
the further consideration of the following subjects:

Memorial of Theodoric C. L3^on;

Memorial of officers of the First Army Corps;

Memorial of the officers of Anderson's Ijrigade; and

A resolution in((uiring into the expediency of causing officers of
the Quartermaster's and Conuuissary's Departments to be detailed or
assigned to the duty of auditing and paying claims of the citizens
of Louisiana for all property impressed b_y order of officers in tlie
Confederate service, and for hire of teams or negroes.

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

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

H. It. 138. An act to increase the compensation of the heads of the several Execu-
tive Departments and the Assistant Secretary of War and the Treasury;

II. R. 1-19. An act to amend an act entitled "An act to regulate the supplies of
clothing to enlisted men of the Navy during the war," approved April 30, 1863; and

H. R. 12. Joint resolution to impose certain additional duties on the Quartermaster-
General.

The House of Representatives have agreed to the report of the committee of con-
ference on the disagreeing votes of the two Houses on the bill (S. 31) to promote the
efficiency of the cavalry of the Provisional Army, and to punish lawlessness and
irregularities of any portions thereof.

And they have passed bills of the Senate of the following titles:

S. 13. An act to extend to the Navy and Marine Corps the jirovisions of the third



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