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

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Cutshaw, T. C. Jordan, M. B. Miller, Robert M. Stribling, R. C. M.
Page, David Watson, Joseph McGraw, M. Johnson, George Ward, V.
Maurin, M. N. Moorman, R. P. Chew, W. H. Caskie, J. H. Pratt, and
R. ColJi, to be majors of artillery; P. B. Stanard, Henry M3'ers,
E. B. Smith, J. T. Trezevant, T, M. Bowyer, and R. Milton Cary, to
be majors of ordnance; W. C. Duxbury, W. D. Harden, Thaddeus A.
Smith, J. Wilcox Brown, J. C. Little, Charles Grattan, W. Latham,
James Dinwiddle, James M. Boyd, C. C. Pinckney, John M. Gregory,
Thomas W. Pierce, James G. Clark, C. L. C. Minor, Henry Sea-
brook, Leonidas Points, W. N. McDonald, George Little, C. F. Van-
derford, L. R. Evans, and W. H. Warren, to be captains of ordnance;
.las. C. Calhoun, John F. Porteous, John Forrest, R. E. Baker,
H. S. Cunningham, James N. Brickell, James H. George, E. C. Rob-
bins, M. C. Burke, W. A. Parker, R. V. Booth, S. H. Coleman,
George H. King, J. W. Stewart, James E. Webb, Horace E. Ross,
Bradford Nichol, and W. Thurmond, to be first lieutenants of ord-
nance; B. L. Braselman, 11. H. Stevens, C. N. Featherston, R. Craw-
ford, C. G. Ram.^av, Thomas M. Deane, H. L. Bedford, O. F. Bledsoe,
L. W. Broocks, C. Compton, W. C. Nelson, L. W. McGruder, W. C.
Douglass, M. S. Cockrill, Thomas M. Jones, F. M. Colston, and And.
C. Trippe, to be second lieutenants of ordnance, 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 nomination of the President.

Mr. Sparrow, from the Committee on Militaiy Afiairs, to whom
were referred the nominations of P. O. Hebert, J. H. Trapier, and
A. R. Lawton, to be brigadier-generals, and F. 11. Robertson, to be
lieutenant-colonel of artillery, reported thereon.

The Senate proceeded to consider the said nominations; and

On motion by Mr. Sparrow,

Ordered^ That they lie upon the table.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the nomination of Alfred Iverson, to be brigadier-general,
reported, with the recommendation that said nomination be confirmed.

The Senate proceeded to consider said report; and

After de])ate,

On the question,



218 JOURNAL OF THE [June 11, 1864.

Will the Senate advise and consent to the appointjient of Alfred
Iverson, to be brigadier-general?

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

■ I Nays 2

On motion by Mr. Graham,

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

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Brown, Burnett, Henry, Hill, Hunter,
Jemison, Johnson of Georgia, Mitchel, Sennnes, Sparrow, Walker,
and Watson.

Those who voted in the negative are,

Messrs. Graham and Orr.

So it was

Hesolved, That the Senate advise and consent to the appointment of
Alfred Iverson, to be brigadier-general, agreeably to the nomination
of the President.

On motion b\" Mr. Watson,

The Senate resolved into open legislative session.

SATURDAY, June 11, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives agree to the resolution of the Senate
extending the time for the adjournment of the present session of Congress to Tuesday,
the 14th instant.

The President pro tempore laid before the Senate a connnunieation
from the Secretary' of the Treasur} ,, transmitting, in conformity with
an act of Congress, a list of certificates tiled in that Department for
increased compensation of officers and emplo3^ees in the various Exec-
utive Departments who are lial)lo to perform militar}^ dut}'; which was
read.

Ordered^ That it lie upon the table.

Mr. Barnwell, from the Gommittee on Finance, to whom was referred
the bill (II. R. 155) in relation to the pay of clerks in the office of the
depositary, reported it without amendment.

The Senate proceeded, as in Conunittee of the Whole, to the consid-
eration of the said bill; and no amendment being proposed, it was
reported to the Senate.

Ordered^ That it pass to a thii'd reading.

The said bill was read the third time.

Resolved, That it pass.

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

Mr. Barnwell, from the Committee on Finance, to whom was referred
the joint resolution (H. R. 11) explanatory of the act to increase the
compensation of certain civil officers and employees in the President's
office and in the executive and legislative departments at Richmond for
a limited period, approved flanuary 30, 1864, reported it with the rec-
onuuendation that it ought not to pass.

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



June 11, 1864.] SENATE. 219

On the question,

Shall the resolution be read a third time?

It wa.s determined in the negative.

8o the resolution was rejected.

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

Mr. Burnett, from the Committee on Claims, to whom was referred
the bill (S. 47) to facilitate the settlement of the claims of deceased
soldiers, reported it with the recommendation that it ought not to pass.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 80) to extend the provisions of an act entitled
"An act to provide for the appointment of officers with temporaiy
rank and command '' to officers of and below the grade of colonel;
and no amendment being proposed, it was reported to the Senate.

On the question,

Shall the ))ill be engrossed and read a third time?

It was determined in the negative.

So the bill was rejected.

On motion by Mr. Henry,

Ordered y That the Hon. Landon C. Ha3mes have leave of absence
from the sessions of the Senate during the remainder of the present
session.

Mr. Semmes (by leave) introduced

A bill (S. 81) in relation to general officers heretofore appointed;
which was read the first and second times and considered as in Com-
mittee of the Whole.

On motion by Mr. Oldham, that the bill be referred to the Com-
mittee on Military Affairs,

It was determined in the negative.

No 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.

On the question,

Shall the bill now pass?

It was determined in the negative.

So it was

Resolved, That the bill do not pass.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 36) to provide for the impressment of the railroad
iron, equipments, and rolling stock of railroads when the same shall
become necessary for the public defense, and to make further pro-
visions for the efficient transportation of troops and military supplies.

On the question to agree to the motion submitted by Mr. Graham
on the 4th instant, that the further consideration of the bill be post-
poned indefinitely,

It was determined in the negative, \ ^ ^ -.o

On motion by Mr. Graham,

The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Graham, Oldham, and Walker.
Those who voted in the negative are,

Messrs. Barnwell, Burnett, Henry, Hunter, Jemison, Johnson of
Missouri, Mitchel, Orr, Semmes, Simms, Sparrow, and Watson.



220 JOURNAL OF THE [June 11, 1864.

No 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.

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

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

The Senate resumed the consideration of the l)ill (S. 64) to provide
for the establishment of a bureau of polytechnics for the exaraiiiation,
experiment, and application of warlike inventions.

On the question.

Shall the bill now pass?

It was determined in the negative, j vr^^^ -,!.

On motion b}'^ Mr. Graham,

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

Those who voted in the afhrmative are,

Messrs. Burnett, Henry, Johnson of Missouri, Oldham, Simms,
Sparrow, and AVigfall.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Graham, Hill, Hunter, Jemison, Orr,
Semmes, Walker, and Watson.

So it was

R<;mlved^ That the bill do not pass.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. is) to repeal an act entitled "An act to provide
a staff and cleiical force for any general who may be assigned b}' the
President to duty at the seat of government;" and

On motion l)y Mr. Henry.

Oi'thred^ That it lie upon the table.

The Senate ])roce(>ded, as in Connnittee of the Whole, to the consid-
eration of the bill (H. K. 90) to authorize the President to confer
temporary rank and command upon officers of the Provisional Army
who may be assigned for s])ecial service; and

On motion by Mi-. Sparrow,

Ordered, That tlie further consideration thereof be postponed indefi-
nitely.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 1) to provide and organize a general staff for
armies in the field," to serve during the war; and the reported amend-
ments having been agreed to, the bill was reported to the Senate and
the amendments were concurred in.

Ordered, That the bill be engi'ossed and read a third time.

The said bill was read the third time.

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

Ordered, Tluit the Seci'etary request the concurrence of the House
of Representatives therein.

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

Mr. President: The House of Representatives insist on their disagreement to certain
aniendments of the Senate to theV)ill (H. R. 107) to anientl the tax laws, and on their
aiiiendnients tn other anienchnents of the Senate to tlie naid 1)111; they agree to the
eonference a-sked by the Senate on the <lisagreeing votes of the two Houses, and have
appointed Mr. Lyon, INIr. C'olyar, Mr. Uholson, Mr. Chambers, and Mr. Hilton
managers at the same on their jiart.

The House of Representatives insist upon their amendments to the amendments
of the Senate to the bill (H. K. 138) to increase the eompensation of the heads of the



.Iiniell, 1S64.] SENATE. 221

several Executive Departments and the Assistant Secretary of War and the Treasury;
ask a conference on the disagreeing votes of the two Houses thereon, and liave
appointed Mr. Barksdale, Mr. Gaither, and Mr. E. M. Bruce managers at the same on
their part.

The Senate proceeded to consider the amendments of the House of
Representatives, insisted on by the House, to the amendments of the
Senate to the bill (H. R. 138) last mentioned; and

On motion by Mr. Graham,

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

On motion by Mr. Graham,

Ordered^ That the committee of conference on the part of the Senate
1)6 appointed by the President pro tempore; and

Mr. Graham, Mr. Johnson of Georgia, and Mr; Burnett were
appointed.

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. R. 140) to amend an act entitled "'An act
regulating the granting of furloughs and discharges in hospitals,"
approved May 1, 1863; and no amendment being proposed, it was
reported to the Senate.

On the question,

Shall the bill be read a third time?

It was determined in the negative.

So the bill was rejected.

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 56) to authorize the appointment of graduates
of military institutions as cadets in the Provisional Army of the Con-
federate States of America; and no amendment being proposed, it was
reported to the Senate.

On the question.

Shall the bill be engrossed and read a third time?

It was determined in the negative.

So the bill was rejected.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 51) to organize the light artiller}' of the Con-
federate States of America; 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.

Orde7'ed, That the Secretar}" request the concurrence of the House
of Representatives therein.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the joint resolution (H. R. 12) to impose certain addi-
tional duties on the Quartermaster-General.

On motion by Mr. Barnwell, that the resolution be transferred to
the Secret Legislative Calendar,

It was determined in the negative.



222 JOURNAL OF THE [June 11, 1864.

On motion by Mr. Hill,

Ordered,, That it lie upon the table.

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

Mr. President: The House of Representatives have passed the joint resoUition of
the Senate (S. 14) for the relief of James Lyons.

A message from the President of the Confederate States, by Mr.
B. N. Harrison, his Secretar}^:

Mr. Premlent: The President of the Confederate States, yesterday, approved and
signed the following acts:

S. 43. An act to graduate the pay of general officers; and

S. 76. .\n act to authorize the appointment of additional officers of artillery for
ordnance duties.

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

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

Resolved, That the Sergeant-at-Arms of the Senate be, and he is hereby, authorized
to pay, out of the contingent fund of tlie Senate, such Ijills as maj' he presented by
various newspapers for publishing the advertisement of the committee of the Senate
authorized to make contracts foi- pul)lisliing the debates of the Senate, and ordered
to l)e ]>ublished by said committee.

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

To the Senate of the Covfedcnite St(des of America:

I return to the Senate, in which it originated, the joint resolution directing "the
settlt'inent of the claim (if Zedekiah McDaniel and Francis M. Ewing, for destroying
the iMMlcra! gunlxiat ( 'airo ))y means of a torpedo," with the objections which induce
me to witlihoitl my approval.

Tluuliaracterof thisclaim may be thus briefly stated: Z. iNIcDaniel and F.^f. Ewing
wen^ appointetl acting masters in the Navy in .August, iS82. Their letters of appoint-
ment stated that they were "a|)i>ointed for special service on sub...arine liatteries,"
and ordered them to report to Flag Officer William F. Lynch at Jackson, ]Miss.

Submarine batteries were at that time the sul)ject of device and experiment for
river and I, irbor defenses, an<l these gentlemen were recommended as well qualified
for such service — McDaniel as having been engaged a short time in preparing tor])e-
does, and I"'.wing asluMug enterjirising and liold. In accejiting their appointments it
apjiears that tliey <lid not allege that they had invented or contrived a torjiedo, nor
were they ajtpointed to use specially any one of the numerous devices, more or less
ingenious, which had been suggested and brought to the notice of the (iovernment.

They reported in obedience to orders and entered upon the duty of placing torpe-
does in the Yazoo Kiver under the immediate connnand of Connnander Isaac N.
Brown, and the gunboat Cairo was destroyed on the 14th December, 1862, by a tor-
pedo placed by them in company with others.

In ^larrh, ISH.'^, ^IcDaniel and Ewing for the first time api>rised the Department
that they claimed a reward for this service on the ground that the tor]iedo which
explodeil untler the Cairo was invented by them. The claim was based on the pro-
visions of three acts of Congress: First, an act recognizing the existence of Avar
l)etween the United States and the Confederate States, and concerning letters of
manjue, prizes and j)rize goods, No. J06, apjiroved May 6, 1861; second, an act
amendatory of the foregoing. No. 170, approved 3Iay 21, 1861; third, an act amend-
atory of this last-mentioned law, approved April 21, 1862.

The second section of the act No. 170, above cited, secures to the inventor of "any
new kind of armed vessel or floating liattery or defense" certain rewards and priv-
ileges upon the condition that "he shall deposit a i>lan of the same accomjianied by
suitable explanation.^ or specifications in the Navy Dei>artment, together with an affi-
davit setting forth that he is the inventor thereof." This di-jiosit and atliilavit are
)irere(iuisite to any exclusive rights in favor of the inventor and a reservation is made
s])ecially in favor of the (government of "the rigiitof using such invention in all ca.^es."

The very basis of the claim of these parties was the originality of their invention.
The joint resolution undi'r consideration recites that a board of naval officers liave
reported that the Cairo was destroyed "by means of a torpedo invented and used by



June 11, 1B64.] SENATE. 223

them (McDaniel and Ewing) in the Yazoo River in 1862." This is an error, no
hoard of officers of the Navy having ever investigated or reported on this point. The
description given of the torpedo by Commander Brown is on record, and does not
justify the claim of original invention made by these parties. It represents the tor-
pedo to have consisted of two demijohns connected together, filled with gunpowder,
and ex{)loded ])y means of the ordinary friction primer. The letter of Commander
Brown further declares that other parties rendered "most material aid in the destruc-
tion of this vessel and are justly entitled to much of the credit of the success."

Independently of this objection to the claim, the legislation above recited seemed
to be conclusive against it. The jiolicy of the law plainly provided that inventors
should have the exclusive privilege of their inventions and should be entitled to the
rewards promised them fudy on condition that they should file in the Navy Depart-
ment such a description of their invention as would enable the Government to render
available the right of using the invention which it had reserved for itself. In the
jiresent case the Government was deprived of its right to use the alleged invention by
the failure of the claimants to give the description or file the proper papers in the
Department till May, 1863, or about five months after the destruction of the Cairo.
The high bounty of fifty per centum, the largest, it is believed, ever allowed for sim-
ilar service, was granted by Congress according to the act of April 21, 1862, and it may
be reasonably assured that such extraordinary bounty was partly in consideration for
this right expressly reserved to the countrj^.

Upon these grounds and especially upon the important principle to which reference
will be subsequently made, the Secretary of the Navy rejected the claim of McDaniel
and Ewing, who appealed to the Executive from his decision. The views of the head
of the Navy Department were sustaine<l, and api)lication was then made to Congress
which afforded the claimants a fresh tril)unal t)y directing the Secretary of the
Treasury to adjust their claim. The joint resolution directing this reference was
passed in February last, and the Secretary made a report to Congress at its present
session stating the value of the vessel and armament destroyed, but also stating that
no investigation had been made of the merits of the claim or the originality of the
invention. The naval board called together at the request of the Secretary of the
Treasury performed no other duty than estimating the value, but did not (nor could
they under the joint resolution) act as a tribunal for the examination of the other
questions involved in the claim.

My objections to the present joint resolution are:

First. That there is error of fact in its recital that a board of naval officers had
reported that the Cairo was destroyed "by means of a torpedo invented and used
by the memorialists." Not oidy is it a mistake that such report was made, but it is
believed to be very questionable whether the torpedo was an original invention of
the memorialists.

Second. The claimants failed to give the Government the consideration which the
law requires as a condition of the right to the reward, namely, such a description of
the alleged invention as would enable the Government to enjoy freely its reserved
rights of using the invention in its own service.

Third. The most serious ol)jection is this, that the service on which this claim is
founded was rendered by officers of the Navy specially appointed and paid for this
service. They did not make known to the Department when they were appointed
that they proposed to use a special torpedo of their own invention for the use of
which they expected reward.

So far as is known to the Government, all the means, the materials, the expendi-
tures of the torpedo service in the Yazoo River, including the pay and allowances
of these claimants, were at the charge of the Government, and the service was per-
formed under the control of a Navy officer of superior rank; nor was the sanction of
any officer of the Government asked or given that these claimants should conduct
torpedo experiments at public expense, without risk of time, labor, or capital of their
own, and with the right to large reward in the event of success.

No public officer charged with a special duty for which he is paid, and the means
of performing which are also paid for by the Government, can be allowed to claim
a reward for the performance of his duty without evils of the greatest character to
the public service.

Large numbers of army and navy officers have been employed in torpedo service
and submarine defenses. Scarcely one has failed to suggest and essay new devices
and combinations, many of which have proved successful. Nujuerous vessels have
been destroyed, )jut the claim now under consideration is the only one that has been
presented to the attention of the Government. None of the otfier officers seem to
have imagined that it was not their duty to devote all their mind, talent, and inven-
tive faculties io -performing the service to which they were assigned without any



224 JOURNAL OF THE [June 11,18G4.

oilier pecuniary reward than the pay and allowances accorded l)y law to other offi-
cers of the same grade. If the present joint resolution should give sanction to the
opposite view of the duty of an officer, it is easy to perceive how injuriously it will
affect the service. It is less easy to estimate the amount of the claims on the
Treasury that would thus be sanctioned.

If these claimants are to be rewarded for the destruction of the Cairo, why are
they to receive the whole sum allowed by the law? There seems no ground for
excluding the others who aided in the enterprise and who in the language of Com-
mander Brown "rendered most material aid and are justly entitled to much of the
credit of the success. "

My examination of the legislation leads me to a view of the policy of Congress quite
different from that which would be implied by the passage of this joint resolution.
The three acts above recited seem to me clearly to indicate a desire to encourage
private enterprise and to stimulate the investment of private mean.s in the effort to
destroy the armed ships of the enemy by awarding a reward (originally of twenty
per centum, afterwards increased to fifty per centum) to private armed vessels and to
private individuals operating at their own expense with torpedoes or other devices
for the public defense. They do not seem to me to have contemplated offering the
same rewards to the officers and seamen of the Navy, paid and maintained at public
expense, for doing their duty in waging war on the vessels of the enemy on the high
seas or in rivers and harl)ors.

I have deemed this full explanation of the facts and law of this case due to Con-
gress as justifying the refusal to sign what is apparently an unimportant bill for the



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