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

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erate States of America, reported it without amendment.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (H. R. 119) to amend so uuich of an act entitled ""An
act to organize forces to serve during the war,'' approved February
17, 1864, as relates to the exemption of certain religious denominations,
reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-

C J VOL -1 — 04 11



1<32 JOURNAL OF THE



[June 6, 1864.



eration of the said bill; and no amendment being proposed, it wab
reported to the Senate.

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

The said bill was read the third time.

Resolved^ That it pass.

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

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

Mr. President: The House of Representatives insist on their amendments to the
bill (S. 34) to provide for the compensation of noncommissioned officers, soldiers
sadors, and marines on detailed service; ask a conference on the disagreeing votes of
the two Houses thereon, and have appointed Mr. Bridgere, Mr. Perkins and Mr
Holliday managers at said conference on their part. ' '

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 34) to provide for the compensation of
noncommissioned officers, soldiers, sailors, and marines on detailed
service; and

On motion by Mr. Sparrow,

Resolved, That the Senate insist on their disagreement to the amend-
ments of the House of Representatives to the said bill, and agree to the
conference asked by the House on the disagreeing votes of the two
Houses thereon.

On motion by Mr. Sparrow,

Ordered, That the committee of conference on the part of the
Senate be appointed by the President pio tempore; and

Mr. Sparrow, Mr. Brown, and Mr. Mitchel were appointed.

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

Mr. Sparrow, from the Committee on Militarv Afi'airs, to whom was
referred the bill (H. R. 146) to amend an act entitled "An act regulat-
ing the grantmg of furloughs and discharges in hospitals," approved
May 1, 1863, reported it with the recommendation that it ought not
to pass.

Mr. Sparrow, from the Committee on Militarv Affairs, to whom was
recommitted 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

Resolved, That they agree to the amendments of the House of Rep-
resentatives to the said bill, with amendments.

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

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 1) to provide and organize a general staff for armies
in the lield, to serve during the war, reported it with amendments.

Ordered, That the bill and amendments be printed.
Mr. Sparrow, from the Committee on Militarv Affairs, to whom was
referred the joint resolution (H. R. 12) to impose certain additional
duties on the Quartermaster-General, reported it without amendment.
The Senate proceeded, as in Committee of the AVhole, to the consid-
eration of the said resolution: and
On motion by Mr. Orr,



J)ine 6, 1864.] SENATE. 163

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

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 67) to organize a corps of scouts and guards to
facilitate communication with the Trans-Mississippi Department,
reported it with the recommendation that it ought not to pass.

On motion b}" Mr, Mitchel,

Ordered^ That the bill be transferred to the Secret Legislative
Calendar.

On motion by Mr. Sparrow,

Ordered^ That the Committee on ]Military Affairs be discharged from
the further consideration of the message of the President of the Con-
federate States, of the 30th [28th] of May last, stating his objections
to the act passed at the last session of Congress entitled "An act to

Srovide and organize a general staff" for armies in the field, to serve
uring the war."

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 107) to amend the tax laws, repoiled it with amendments.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and

On motion by Mr. Semmes,

Ordered^ That the further consideration thereof be postponed to
and made the special order for to-morrow at half past 12 o'clock, and
that the amendments be printed.

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

Resolved, That the Committee on Post-OfRces and Post-Roads be instructed to
inquire into the practicability of having the Congressional mail matter in the post-
office in this city distributed without unnecessary delay.

Mr. Brown, from the Committee on Naval Affairs, to whom was
referred the bill (H. R. 149) to amend an act entitled '"An act to regu-
late the supplies of clothing to enlisted men of the Navy during the
M^ar," approved April 30, 1863, reported it without amendment.

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

Ordered^ That it pass to a third reading.

The said bill was read the third time.

Resolved^ That it pass.

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

Mr. Burnett, from the Committee on Claims, to whom was referred
the memorial of Wellington Goddin, reported

A joint resolution (S. 12) for his relief;
which was read the first and second times and considered as in Com-
mittee of the Whole; and having been amended on the motion of Mr.
Semmes, the resolution was reported to the Senate and the amendment
was concurred in.

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

On motion by Mr. Mitchel,
. The Senate resolved into secret legislative session.



164 JOUENAL OF THE [June 6, 1864.

The doors having- been opened,

On motion by Mr. Johnson of Missouri,

The Senate adjourned.

SECRET SESSION.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 67) to organize a corps of scouts and guards
to facilitate communication with the Trans-Mississippi Department.

On motion by Mr. Semmes, to amend the bill by striking out, sec-
tion 2, line 6, the words "whose dut}' it shall be to do" and insert in
lieu thereof the word "for,"

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by inserting at the
end of the first section the words "or to assign an}^ proper officers for
that purpose,"

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by striking out the
words "of thof^e not liable to conscription," section 2, lines 2 and 3,

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the f)ill b}^ striking out all
after the enacting- clause and inserting:

That the President ])e, and he is hereljy, re()uested to detail a competent mihtary
force to keep open and protect the conunnnication and intercourse hetween the
States east and west of the Mississip{)i River, and to afford proper escort and protec-
tion to any pubUc property which it may be necessary to transmit across that river,

It was determined in the negative.

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

Ordered^ That the bill l)e engrossed and read a third time.

The said bill was read the third time.

Resolned^ 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 h\ Mr. Wigfall,

The Senate resolved into executive session.

The Senate having again resolved into secret legislative session,

Mr. Hill (by leave) introduced

A joint resolution (S. 13) declaring the dispositions, principles,
and purposes of the Confederate States in relation to the existing war
with the United States; which was read the tirst and second times and
ordered to be placed upon the Calendar and printed.

The hour of half past 3 o'clock having arrived,

The Senate took a recess until 8 o'clock p. m.

8 o'clock p. m.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the joint resolution (S. 10) in relation to the opening of
negotiations for peace between the Confederate States and the United
States.

An amendment having been proposed b}' Mr. Henry,

After de))ate,

On motion by ^Ir. Johnson of Missouri,

The Senate resolved into open legislative session.



June 6, 1864.] SENATE. 165

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred the nominations of James Phelan, presiding- judge,
T. A. Jones and Winchester Hall, members, and Austin Pollard, judge-
advocate, of military court attached to S. D. Lee's cavalry division;
Alexander McKinstr}, presiding judge, Daniel B. \^"right, A. S.
Marks, members, J. M. Scruggs, judge-advocate, of military court
attached to N. B. Forrest's cavalry division; L. P. Walker, presiding
judge, W. F. Dowd, John Chester, members, and John F. House,
judge-advocate, of military court North Alabama; M. D. Graham,
Louis Bush, presiding judges, W. H. Saunders, member, and O. R.
Dawson, judge-advocate, of military courts, 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

JRe.'iolved^ 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 T. M. R. Talcott, to be colonel;
W. W. Blackford, Henry T. Douglas, and S. W. Presstman, to be
lieutenant-colonels; Peyton Randolph, R. P. Rowley, and J. W.
Green, to be majors; J. M. Baldwin, J. J. Conway, G. W. Robertson,
John Bradford, W. R. Johnson, G. C. Dickinson, H. T. Douglas,
H. C. Derrick, T. M. Topp, W. Ballard Bruce, William Freret, W. R.
De Voe, R. M. Venable, R. C. Slaughter, M. G. Howe, A. M. Wil-
liams, R. C. McCalla, H. N. Pharr, A. W. Gloster, E. Winston, W. T.
Hart, W. A. Ramsey, Robert L. Cobb, W. A. C. Jones, L. Hutch-
inson, and J. W. McAlpin, to be captains; W. G. Williamson, S. H.
Brown, H. H. Harris, G. P. C. Rumbough, E. N. Wise, C. W.
Babbitt, T. J. Moncure, R. M. Sullv, J. H. Haney, John Mhoon.
J. L. Bartlett, D. E. Crossland, W. J. Ratliff, t. S. Newcomb,
G. R. Margrave, J. S. Morrison, M. M. Long, James J. Davies, and
R. A. O'Hea, to be first lieutenants; R. H. Griffin, D. S. Hesse v,
R. W. Peatross, W. A. Gordon, J. H. Gilmer. William Glenn, D. P.
W^oodruff, C. M. Bolton, C. F. Smith, C. E. Young, John M. Hood,
J. J. Norwood, C. Maupin, E. B. Meade, John S. Mason, C. M.
Davis, E. H, Wells, H. W. W. Reynolds, J. F. Ferguson, M. H.
Smith, Jos. Seay, E. Sandclifl', A. Turnbull, James B. Perkins,
Charles R. Boyd,'^W. D. Printz, M. F. Maury, P. W. Semmes, W. G.
Halyburton, Hervey O. Minor, J. W. Chalmers, M. Huston, Charles
Foster, Edward Malone, W. R. Campbell, and Thomas PI Marl)le, to
be second lieutenants, 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
were referred the nominations of James F. Jones, to be colonel; T. C.
Lipscomi), to be lieutenant-colonel; R. C. Morton and R. G. Brown,
to be majors; T. H. Williams, to l)e quartermaster, with the rank of
major; Frank Lumpkin and R. J. Lee, to be assistant quartermasters,
with the rank of captain; S. M. Routh, to be signal officer, with rank



166 JOURNAL OF THE [June 7, 1864.

of captain; J. N. Stubbs and J. L. Doggett, to be signal officers, with
rank of first lieutenant; Skipwith Wilmer, signal officer, with rank
of second lieutenant; A. G. Lane, to be surgeon; George W. Lewellen
and John William McCord, to be captains; Henry Pratt, to be first
lieutenant; S. L. Oliver, to be second lieutenant, 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. Wigfall submitted the following resolution for consideration:

Resolved, That the President be requested to inform the Senate whether any officers
appointed under the Provisional (Tovernment and not reappointed by and with the
advice and consent of the Senate are still discharging the duties of the offices to
which they were originally appointed.

Resolved, That the President be also respectfully requested to furnish the names
of any such persons.

The Senate proceeded to consider said resolution; and
On motion by Mr. Hill,

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

On motion by Mr. Orr.

The Senate resolved into secret legislative session.

TUESDAY, June 7, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed the bill of the Senate
(S. 38) for the payment of commissioners aj)pointed under the act entitled "An act
to suspend the privilege of the writ of habeas corpus in certain cases," and to con-
fer certain powers upon said connnissioners.

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

Mr. Walker (by leave) inti'oduced

A 1)111 (S. To) to amend an act entitled "An act to amend an act
entitled 'An act to organize military courts to attend the Army of the
Confederate States in the field, and to dcHne the powers of said
courts,'" approved Februarv 18, 18()4;

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

Mr. Wigfall sulmiitted the following resolution for consideration:

Resolved, That the l*resident of the Confederate States be respectfully requested to
inform the Senate whether any officers appointed under the Provisional (rovernment
and not reappointed by and with the advi<e and consent of the Senate are still dis-
(iharging the duties of the offices to which they were originally appointed; and that
he be also respectfully retjuested to furnish the names of such pei'sons.

The Senate proceeded to the consideration of the said resolution;
and

On motion by ]\Ir. Hill, that the resolution l)e transferred to the
Calendar of Executive Business,

It was determined in the affirmative, ■] f.^ ' ^

' iSavs <



June?, 1864.] SENATE. 167

On motion by Mr. Wig-fall,

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

Those who v^oted in the affirmative are,

Messrs. Baker, Barnwell, Burnett, Henrj^ Hill, Hunter, Johnson of
Georgia, Johnson of Arkansas, Maxwell, Mitchel, Semmes, Sparrow,
and Watson.

Those who voted in the negative are,

Messrs. Brown, Graham, Haynes, Oldham, Orr, Walker, and
Wigfall.

So it was

Ordered^ That the resolution be transferred to the Calendar of
Executive Business.

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

S. 13. An act to extend to the Navy and Marine Corps the provisions
of the third section of an act to organize forces to serve during the
war, approved February 17, 1861;

S. 14. An act to amend an act entitled "An act to provide an invalid
corps," approved February 17, 1861;

S. 31. An act to promote the efficiency of the cavahy of the Provi-
sional Arm}', and to punish lawlessness and irregularities of any por-
tions thereof;

S. 8. Joint resolution directing the settlement of the claim of Zede-
kiah McDaniel and Francis M. Ewing, for destroying the Federal
gunboat Cairo by means of a torpedo;

H. R. 92. An act to amend the act approved February 17, 1861,
entitled ''An act to allow^ commissioned officers of the Armj^ rations
and the privilege of purchasing clothing from the Quartermaster's
Department;"

H. R. 98. An act to amend an act entitled "An act to reduce the
currency and to authorize a new issue of notes and bonds," approved
February 17, 1861;

H. R. 119. An act to amend so much of an act entitled ''An act to
organize forces to serve during the war," approved February 17, 1861:,
as relates to the exemption of certain religious denominations;

H. R. 117. An act to amend an act entitled "An act to impose reg-
ulations upon the foreign commerce of the Confederate States to pro-
vide for the public defense," approved February 6, 1864; and

H. R. 149. 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.

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 by him forthwith
presented to the President of the Confederate States for his approval.

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

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

H. R. 112. An act to amend an act to organize forces to serve during the war,
approved 17th February, 1864;

H. R. 150. An act concerning the ^^alary of the Treasurer;

H. R. 151. An act to amend an act entitled " An act to reduce the currency and to
authorize a new issue of bonds and Treasury notes," approved February 17, 1864;

H. R. 152. An act to amend the first section of an act entitled "An act to organize
the clerical force of the Treasury Department," api)roved February 13, 1862; and



168 JOURNAL OF THE [June 7, 1864.

H. R. 153. An act to amend an act entitled "An act for the relief of taxpayers in
certain cases," approved February 13, 1864.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 107) to amend the tax laws.

The first, second, third, fourth, fifth, sixth, and seventh amendments
reported from the Committee on Finance having been agreed to.

On motion by Mr. Hill, to amend the bill by striking out the words

" by refugeies," section 2, line 8,

1 Yeas - - 7

It was determined in the negative, j 1^ ,, "" iq

On motion b}^ Mr. Johnson of Arkansas,

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

Those who voted in the aflirmative are,

Messrs. Baker, Brown, Graham. Hill, Johnson of Arkansas, Mitchel,
and Sparrow.

Those who voted in the negative are,

Messrs. Barnwell, Haj'nes, Hunter, Jemison, Johnson of Georgia,
Johnson of Missouri, Oldham, Orr, Semmes, and Walker.

On motion b}' Mr. Johnson of Georgia, to amend the bill by insert-
ing after "slaves," section 2, line 4, the words "cotton, tobacco,"

It was determined in the affirmative.

On the question to agree to the following reported amendment, viz:
Strike out the words "'and residence," section 2, line 9,

It was determined in the negative.

An amendment having been proposed to the bill b}' Mr. Sparrow,

After debate.

On motion by Mr. rFohnson of Arkansas,

Ordered^ That the further consideration of the bill be postponed for
the present.

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

To the Senale of the Confederate States:

I regret that a sense of duty compels me to return to the Senate, without my sig-
nature, a joint resolution which originated in your honorable body, entitled "Joint
resolution in regard to the exemption of e<litorH and employees of newspapers."

The terms of this resolution extend to editors of magazines and periodicals other
than newspapers, together with their employees, the same exemption from military
service as is now accorded in favor of newspapers.

I see no reason for exempting these citizens from the duty of defending their coun-
try which would not apply to all authors, publishers, booksellers, printers, and other
persons connected with tlie pulilication of books, pamphlets, religious tracts, and
other reading matter. At a moment when our lives, our liberty, and our independ-
ence are threatened by the utmost power of our enemies, when every citizen capa-
ble of Ijearing arms ought to be found in the ranks, 1 can not but deem it impolitic
to add to the list of exemptions without the most urgent necessity. Seeing no such
necessity, and believing the prece«lent set by this resolution, if pa-ssed, to be produc-
tive of evil effect, 1 am constrained to return it without my approval.

JEFFERSON DAVIS.

Richmond, June 6, 1864.

The message was read.

The Senate proceeded to reconsider the joint resolution (S. 7)
returned by the President with his objections; which resolution is in
the following words:

.Joint resolution in regard to the exemption of editors and employees of newspapers.

Resolved by the Congress of the Confederate States of Amenca, That so much of tlie
tenth section of the act entitled "Aii act to organize forces to serve during the war,"



June-, 186-1.] SENATE. 169

approved seventeenth February, eighteen hundred and sixty-four, as exempts from
military service one editor for each newspaper being published at the time of the
passage of the act, and such employees as said editor may certify on oath to be
indispensable to the publication thereof, shall be understood to include magazines
and other periodicals published before, and at the time of the passage of the said act.

TH. S. BOCOCK,
Speaker of the House of liepreseutatives.
R. M. T. HUNTER,
President pro tempore of the Senate.

I certify that this resolution originated in the Senate.

JAMES H. NASH,

Secretary.

On motion by Mr. Sparrow,

Ordered., That the further consideration of the resolution be post-
poned to and made tiie special order for to-morrow at 20 minutes
past 12 o'clock.

The following message was received from the President of the Con-
federate States, bj' Mr. B. N. Harrison, his Secretary:
7b tJie Senate of the Confederate States of America:

A bill, which originated in the Senate, entitled "An act to authorize the appoint-
ment of additional officers of artillery for ordnance duties," has been presented for
my signature, l)ut it contains a provision founded on an error of fact which compels
me to return it without approval, that the error may be corrected.

The bill contains the following proviso: "Provided, That acting ordnance officers
having been found duly qualified for appointment according to the regulations of the
War Department, and being already on duty in the field under the orders of the Secre-
tary of War, shall have preference of appointment under this act." There are no
acting ordnance officers on duty in the field, and I learn on inquiry that the persons
so designated are in reality merely employees of the Ordnance Bureau for the per-
formance of ordnance duties in the field in the absence of legislation authorizing the
appointment of officers. This proviso therefore has the effect, under an error of fact
apparent in its terms, of restricting the Executive, in the choice of persons to fill the
offices created by the l)ill, to a list of employees selected by a chief of bureau, which
is plainly not in accordance with the expressed intention of Congress, nor with the
terms of the Constitution.

JEFFERSON DAVIS.

Richmond, June 7, 1864-

The message was read.

The Senate proceeded to reconsider the bill (S. 24) returned by the
President with his objections; which bill is in the following words:

An act to authorize the appointment of addilional ofiBcers of artillery for ordnance duties.

The Congress of the Com federate States of America do enact, That the President, by and



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