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

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Mr. Hill presented the memorial of officers of Anderson's ])rigade,
praying a change in the law granting rations to officers of the Army;
which was referred to the Committee on Military Affairs.

Mr. Sparrow presented the memorial of Messrs. Wedder))urn &
Alfriend, proprietors of the Southern Literary Messenger, ])raying
exemption from military service; which was referred to the Commit-
tee on Military Affairs.

Mr. Sparrow (by leave) introduced



12 JOURNAL OF THE [May 4, 1864.

A bill (S. 1) to provide and organize a general staflf for service in
the Held, to serve during the war;

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

Mr. Brown (by leave) introduced

A bill (S. 2) for the establishment and equalization of the grades of
officers of the Navy, and for other purposes;

which was read tlie first and second times and referred to the Commit-
tee on Naval Affairs.

Mr. Dortch (by leave) introduced

A joint resolution (S. 1) of thanks to Major-General Hoke and Com-
mander Cooke and the officers and men under their command for the
brilliant victory over the enem}' at Plymouth, N. C;
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 resolution was read the third time.

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

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

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

Resolved, Tliat the Committee on Finance be instructed to inquire into the expe-
diency of amending the act to tax, fund, and limit the currency, parsed at the last
session of Congress, so as to jirovide that bonds of the Confederate States to be received
by any State in pursuance of the twelfth section of said act shall be coupon bonds,
and exempt from taxation, and that all Ci)nl'ederate noti's of any of the old issues
held by any State on the first day of April, eighteen hundred and sixty-four, may, at
the option of such State, be exchanged for stich bonds, or for Treasury notes of the
new issue; and further, that all just deman<1s of any State against the C'onfederate
< Government accruing l)ut unpaid, prior to the said first day of April, shall be paid
in Treasury notes of the new issue provided for 1)\- said act.

Mr. Orr (by leave) introduced

A bill (S. B) to authorize officers of the Army and Navy to purchase,
rations;

which was read the first and second times and referred to the Com-
mittee on Military ^Vflairs.

Mr. Orr pr(^s(Mited the petition of employees and detailed men in the
Quartermaster's and other departments at Columl)ia, S. C, praying-
additional com])ens:iti()n; which was refei-red to the Coumiittee on
Finance.

Mr. Orr sulnnitt d tiie following resolution; which was considered
and agreed to:

Resolved, That the Committee on Printing l)e instructed to inquire and report the
causes of delay in executing the printing of the laws i)assed by the Provisional Con-
gress and other publit; printing ordered by the Senate during the last Congress, and
what, if any, order is necessary to secure its execution.

Mr. (^aperfon presented tlie petition of the governor, treasurer, and
auditor of public accounts of the State of Virginia, praying that pro-
vision may be made for the redemption of the Confederate States
Treasury notes held by the State of Virginia on the first day of April,
IS64; which was referred to the Committee on Finance.

Mr. Maxwell (by leave) introduced



May 5, 1864.] SENATE. 13

A joint resolution (S. 2) of thanks to General Finegan and the oth-
cers and men of his command;

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

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

The said resolution was read the third time.

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

Ordered., That the Secretar}' request the concurrence of the House
of Representatives therein.

Mr. Johnson of Arl^ansas (b}^ leave) introduced

A 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;
which was read the first and second times and referred to the Commit-
tee on Military Affairs.

On motion by Mr Hill,

The Senate adjourned.

THURSDAY, May 5, 1864.

OPEN SESSION.

The Hon. Robert W. Barnwell, from the State of South Carolina,
attended.

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

Mr. Presidetit: The House of Representatives have passed the following resolution;
in which they request the concurrence of the Senate:

^^ Resolved, That the Doorkeeper be directed to furnish to the proper officer of the
Senate, for distribution in that body, copies of all bills and other papers printed for
the use of this House, and that the Senate be requested to adopt a like rule as to the
papers printed for the use of the Senate. ' '

The Senate proceeded to consider the resolution .submitted yesterday
by Mr. Johnson of Arkansas, fixing a da}' for the adjournment of
Congress; and

On motion by Mr. Hill,

Ordered, That it be referred to the Committee on the Judiciary.

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

Resolved, That the Committee on Finance be instructed to inquire —
First. Into the propriety of so amending the first section of the act entitled "An
act to levy additional taxes for the common defense and support of the Government,"
approved February seventeenth, eighteen hundred and sixty-four, that the value of
the property specified in said section shall be estimated at the time of assessment,
like other jiroperty taxed by said act.

Second. That, should the committee disapprove this change, they then incjuire
into the expediency of modifying the said first section of the said act so that in esti-
mating the value of the productions paid as tithes, the same shall be estimated
according to the value thereof in the year eighteen hundred and sixty.

Mr. Brown (by leave) introduced

A bill (S. 5) to protect Senators and Representatives in Congress
from annoyance when traveling in the Confederate States;
which was read the first and second times and considered as in Com-
mittee of the Whole; and

On motion by Mr. Sparrow, to amend the bill by striking out
" against,'" line 12, and inserting " without,''



14 JOURNAL OF THE [May 5, 1864.

It was determined in the negative.

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

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

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

Resolved, That it pass, and that the title thereof be "An act to
provide passports for Senators and Representatives in Congress when
traveling in the Confederate States."

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

Mr. Johnson of Missouri (by leave) introduced

A joint resolution (S. 3) of thanks to Missouri officers and soldiers
in the Confederate service east of the Mississippi River;
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 resolution was read the third time.

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

Ordered, That the Secretar}" request the concurrence of the House
of Representatives therein.

^Ir. Johnson of Missouri (b}' leave) introduced

A bill (S. 6) for the relief of States holding Confederate securities;
which was read the first and second times and referred to the Commit-
tee on Finance.

Mr. Dortch (by leave) introduced

A joint resolution (S. 4) for the relief of John D. Southerland;
which was read the first and second times and referred to the Commit-
tee on Claims.

Mr. Barnwell presented the memorial of officers of the First Army
Corps, praying a change in the law granting rations to officers of the
Army; which Avas referred to the Committee on Militar}-^ Affairs.

Mr. OiM- (by leave) introduced

A bill (S. 7) to amend an act entitled ''An act to provide for the
payment of the interest on the removal and subsistence fund due the
Cherokee Indians in North Carolina," so as to authorize the Secretary
of War to pay the interest in cash or provisions;

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

Mr. Orr submitted the following resolution; which was considered
and agreed to:

Remdvcd, That the Committee on Military Affairs l>e instructed to inquire and
report what, if any, legislation is neeessary to vacate the commissions of general,
field, and staff officers who have no commands or duties to jierform.

Mr. Orr sul)mitted the following resolution; which was considered
and agreed to:

Resolved, That the Committee on INIilitary Affairs l)e instructed to inquire and
report upon the expediency of reducing the cavalry force now in the service of the
Confederate States, in consequence of the scarcity of f<irage.

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

Renohiil, That twenty-eight copies of the acts an<l resolutions of the Provisional
Congress, and treaties, with the tal)le of contents, be hound in pampidet form by
the Public Printer, and furnished by him to the Senate for the use of its members,



Mays, 1864.] SENATE. 15

out of the three thousand copies ordered to be ])rinted hy the act of seventeenth of
February, eighteen hundred and sixty-two, with an index for each copy; to be fur-
nished to the Senate as soon as printed.

Mr. Henry (1)}^ leave) introduced

A joint resolution (8. 5) of thanks to Maj. Gen. N. B. Forrest and
his officers and soldiers;

which was read the first and second times and considered as in Com-
mittee of the Whole; and

On motion by Mr. Burnett, that the resolution be referred to the
Committee on Military Affairs,

After debate,

On motion by Mr. Hill,

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

The President pro tempore laid before the Senate the petition of a
convention of banks of Virginia and North Carolina, pra3'ing a reduc-
tion of the tax imposed on banks b3' the act of February IT, 1864;
which was referred to the Committee on Finance.

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

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of so amending the act to tax, fund, and limit the currency as to provide that
transfers by delivery of the four per cent certificates and bonds provided for b->- said act
shall be sufficient to enable the holder to use the same in the payment of his taxes.

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

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of providing by law that all arrears of interest upon the coupon and registered
bonds and the interest-bearing Treasury notes of the Confederate States due prior
to the first day of April, eighteen hundred and sixty-four, and not heretofore paid,
shall be paid in Treasury notes of the new issue.

On motion by Mr. Jemison,

Ordered^ That Green T. Hill have leave to withdraw his petition
and papers.

Mr. Semmes, from the Committee on Finance, reported

A bill (S. 8) to appropriate money for the payment of certain print-
ing done b}^ tiie authority of Congress;

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.

On motion b}^ Mr. Semmes,

Ordered, That the report of the Secretary of the Treasury, together
with the accompanying documents, be printed for the use of the Senate.

On motion by Mr. Hill,

Ordered, That the report of the Attorney-General be printed for the
use of the Senate.

On motion by Mr. Sparrow,

Ordered, That the report of the Secretary of War be printed for
the use of the Senate.



16 JOURNAL OF THE [May 5, 1861.

On motion b}' IVIr. Mitchel,

Ordered^ That the report of the Postmaster-General ])e printed I'or
the use of the Senate.

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

RiCHMOM), May 4, 1864-
To the Senate and House of Representatives:

I herewith transmit a fommiinicatioii from the Secretary of the Navy, and invite
your attention to his request for an early consideration of it.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Naval Affairs.
The following message was received from the President of the Con-
federate States, ])y Mr. B. N. Harrison, his Secretary:

Richmond, Va., Mayo, 1864-
To the Senali- and House of Representatives:

I herewitli transmit for your consideration two communicalions from the Secretary
of the Treasury, submittinpr estimates of arlditional approi)riations required for the
support of the (lOvernment.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The doors having been opened,
On motion by Air. flohnson of Arkansas,
The Senate adjourned.

EXECUTIVK SESSION.

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

Confederate States ok America, Executive Department,

Richmond, May 4, 1864.
To the >Seii((te of llie Confederate States:

Agreeahly to the recommendation of the Secretary f)f War, I nominate F. M. Green,
of Mississippi, to be colonel of the Eleventh Mississippi Regiment.

JEFFERSON DAVIS.

War Department, Confederate State.s ok America,

Richmond, May 4, 1864.
Sir: I liave the honor to recommend th(> nominati»jn of F. M. (ireen, of Missis-
sippi, to 1)6 colonel of the Eleventh Mississippi Regiment, to rank from February 19,
hsr)4.

T am, sir, respectfullv, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Kxcellency Jefferson Da\"Ts,

President, etc

To the Senate of the Confederate States of America:

The action of the Senate on tlie nominations for field officers of the Eleventh
Mississi[ii)i Regiment, which occurred on the eve of your adjournment at the last
session, was not communicated to me till after the ailjournment. 1 was thus unable
to return the nomination of Colonel Green for your reconsideration (his rejection
ai)peuring to have l)een l)ased on an error), and liave kepi the w lioli- snl)j(>ct open
for further action at the present session, when you could be informed of the facta.

The resolution of the Senate is in the following words:



May5,18(U.I SENATE. 17

''Resolvrd, That the nomination of F. M. Green, to be colonel of the Eleventh
Mississippi Regiment, be rejected, for the reason that in the opinion of the Senate
W. B. Lowry is the senior and ranking otticer."

If the Senate liad at the same time suspended its action on the other nominations
there could have been no difficulty in awaiting its present session for a settlement of
the legal rights of the officers of this regiment, which can not be affected by the
action of the Executive or the Senate, or of both combined, inasmuch as they are
vested by act of Congress, which has the constitutional power to determine theVules
of promotion in the service. But, probably not perceiving in the press of business
at the close of the session what would be the result of its action if carried into effect,
tlie Senate confirmed the nominations of the lieutenant-colonel and major, thus
subordinating to two of his juniors the senior captain of the regiment, who had been
in command of it, to the entire satisfaction of his superiors, for more than nine months,
and who had been adjudged to he the senior captain, after an examination of the
rights of the different claimants for seniority, at the War Department.

I was compelled, in order to avoid this result, to decline commissioning either of
the field officers confirmed by you, leaving each of the captains in his former rank
of captain, and leaving Captain Green in C(jmmand of the regiment till your atten-
tion had been called to the case, and full information was placed within your reach.

The law and facts appear to me to admit of but one conclusion, and they are now
presented as succinctly as possible:

First. In this regiment, originally enlisted for twelve months, Caj^tain Lowry was
senior to Captain Green.

Second. Under the act No. 306 of Provisional Congress (11th December, 1861)
Captain Green's company reenlisted for the war, and he w^as reelected captain under
the provisions of tlie fourth section; and Ijy the terms of the act No. 897 of 15th Feb-
ruary, 1862 (which may have been overlooked by the Senate), his commission under
this reelection took date from his former commission, so that he is a captain of the
year 1861.

Third. On 16th April, 1862, the conscript law was passed at the first session of the
Permanent Congress, and by its first section all companies whose' original term of
service was for twelve months were allowed the privilege of reorganizing and electing
ofiicers, "who shall be commissioned by the President." But Congress did not
extend to the officers thus reelected the privilege of back dates to their commissions,
which had been accorded by the Provisional Congress to those who voluntarily
reenlisted under the bounty and furlough laws.

Only two companies of the Eleventh Regiment volunteered reenlistment, of which
Captain Green's was one and Captain Franklin's the other. The remaining com-
panies were reenlisted by conscription. Captain Franklin is no longer in the service.
Under the laws as they stand on the statute l)ook, Captain Green's commission is
the only one in the regiment that bears date in 1861. The remaining commissions,
being all under the conscript act of 1862, are necessarily subseciuent t(j its passage.

It is due to candor to observe that the conclusion reached by the Senate in its
resolution that Captain Lowry was the senior captain is in conformity with a gen-
eral order issued l)y the War Department on the 9th July, 1862 (General Orders, No.
47, j)ar. 4). But many complaints having been made against the effects of this order,
the whole subject was carefully investigated by me, and that order was modified on
the 5th March, 1863, by General Orders, No. 24, paragraph 1. When, therefore, in
the following May, the question of seniority between Captains Green and Lowry was
presented to me for decision, the question of law was no longer open, and nothing
remained l)ut to ascertain the facts, which were found to be in accordance with the
foregoing narrative.

I now respectfully send again to the Senate the nomination of Captain Green to
the office for which it has not been suggested he is incompetent, which he held for
many months, and to which, according to my best judgment, he has rights vested in
him ))y the law: . I am confident the Senate would never have consented to preju-
dice those rights if thev had been in full possession of the facts.

JEFFERSON DAVIS.

Executive Department, Richmond, Maij -}, 1864.

The messages were read.

Ordered^ That they be referred to the Committee on Militar}' Affairs.

c J— vol 4—04 2



18 JOURNAL OF THE [May 5, 1864.

The followino- message was received from the President of the Con-
federate 8tates, b}" Mr. B, N. Harrioon, his Secretary:

Executive Department, Confederate States of America,

Richmond, May 4, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accompanying Ust to the rank affixed to their names, i-espectively.

JEFFERSON DAVIS.

No. 2.] War Department, Confederate States of America,

Blclnnoiid, May 3, 1864-
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

assistant adjutants-general.

Colonel.
George B. Hodge, of Kentucky, to take rank from February 19, 1864.

Lieutenant-colonels.

G. A. Henry, of Tennessee, to take rank from February 19, 1864.
W. D. Pickett, of Tennessee, to take rank from March 10, 1864.

F. R. Lubbock, of Texas, to take rank fmin February 19, 1864.

Charles S. Venable, of South Carolina, to take rank fiom February 25, 1864.

Charles Marshall, of Maryland, to take rank from February 25, 1864.

J. P. Johnson, of Arkansas, to take rank from April 30, 1864.

Samuel W. Melton, of South Carolina, to take rank from February 18, 1864.

William H. Palmer, of Virginia, to take rank from February 19, 1864.

Majors.

Henry Ewing, of Tennessee, to take rank from February 19, 1864.
Thomas AV. Newton, of INIissouri, to take rank from February 19, 1864.
Thomas H. Hays, of Kentucky, to take rank from February 19, 1864.
Willis F. Jones, of Virginia, to take rank from February 19, 1864.
L. Masters, of A'irginia, to take rank from February 19, 1864.
John Blair Hoge, of Virginia, to take rank from April 22, 1864.
John W. Riely, of Virginia, to take rank from February 18, 1864.
W. N. Starke, of Louisiana, to take rank from February 19, 1864.

Captains.

S. H. Buchanan, of Kentucky, to take rank from February 19, 1864.

Charles S. Morgan, of Virginia, to take rank from February 19, 1864.

John T. Bearden, of Arkansas, \o take rank from February 19, 1864.

William Wren, of Louisiana, to take rank from ^larch 9, 1864.

L. D. De Saussure, of South Carolina, to take rank from February 19, 1864.

Frederick Nash, jr., of North Carolina, to take rank from February 20, 1864.

T. B. Heistun, of Kentucky, to take rank from February 19, 1864.'

H. H. Bein, of Louisiana, to take rank from February 19, 1864.

C. R. W. Radford, of Virginia, to take rank from February 19, 1864.

William Palfrey, of Louisiana, to take rank from February 19, 1864.

William H. Harman, of Virginia, to take rank from February 19, 1864.

S. P. Duncan, of Loui.^iana, to take rank from Feliruarv 19, 1864.

Jos. C. Haskell, of South Carolina, to take rank from Februarv 29, 1864.

G. St. L. Grenfell, of England, to take rank from ^farch 15, 1864.
Richard Walke, of Virginia, to take rank from JNIarch 28, 1864.
Joseph W. Duncan, of Missouri, to take rank from April 9, 1864.
J. T. Parrish, of Alabama, to take rank from April 16, 1864.

I am, sir, respectfullv, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.



May 5. 1864.] SENATE. 19

The message was read.

Ordered^ That it be referred to the Committee on Military Aflfairs.
The following message was received from the President of the Con-
federate States, by Mr. B. N. Harrison, his Secretary:

Executive Department, Confederate States of America,

Richmond, May 3, 1864.
To the Senate of the Confederate States:

Ajrreeably to the recommendation of the iSecretary of AVar, I nominate the oflBcers
on the accompanying hst to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

No. ].] War Department, Confederate States of America,

Richmond, May 2, 1864.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

General.

Lieut. Gen. E. Kirby Smith, of Florida, to take rank from February 19, 1864.

Major-generals.

Brig. Gen. W. B. Bate, of Tennessee, to take rank from February 23, 1864.
Brig. Gen. Robert F. Hoke, of North Carolina, to take rank from April 20, 1864.
Brig. Gen. W. H. F. Lee. of Virginia, to take rank from April 23, 1864.

Brigadier-generals.

Col. A. T. Hawthorn, of Arkansas, to take rank from February 18, 1864.
Col. W. W. Allen, of Alabama, to take rank from February 26, 1864.
Col. R. C. Tyler, of Tennessee, to take rank from February 23, 1864.
Col. H. B. Granbury, of Texas, to take rank from February 29, 1864.
Col. C. W. Sears, of Mississippi, to take rank from March 1, 1864.



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