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

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Col. W. F. Tucker, of Mississippi, to take rank from March 1, 1864.
Col. Richard L. Page, of Virginia, to take rank from ^March 1, J 864.
Col. Alpheus Baker, of Alabama, to take rank from ]\Iarch 5, 1864.
Col. Daniel H. Reynolds, of Arkansa.-^, to take rank from March 5, 1864.
Col. Jno. B. (ylark, jr., of Missouri, to take rank from March 8, 1864.
Col. James Chesnut, of South Carolina, to take rank from April 23, 1864.

A ids-de-camp — first lieuienatits.

Thomas J. Blackmore, of Arkansas, to take rank from February 19, 1864.
Robert L. Robb, of Virginia, to take rank from February 19, 1864.
John W. Jones, of Virginia, to take rank from February 19, 1864.
W. B. Chambliss, of Virginia, to take rank from February 19, 1864.

B. F. Williams, of Kentucky, to take rank from February 19, 1864.
H. 31. Lane, of Texas, to take rank from February 19, 1864.

John H. Martin, of Mississippi, to take rank from February 19, 1864.
Gaston ^leslier, of Alabama, to take rank from February 19, 1864.
J. C. Herndon, of Texas, to take rank from February 26, 1864.
William M. Forrest, of Tennessee, to take rank from February 19, 1864.
<Teorge A. Wardlaw, of South Carolina, to take rank from February 19, 1864.
William P. Dearing, of Georgia, to take rank from February 19, 1864.
Douglas H. Cooper, of Mississippi, to take rank from February 19, 1864.
George W. Stafford, of Louisiana, to take rank from ]\Iarch 9, 1864.
E. W. Pettus, jr., of ^lississippi, to take rank from February 19, 1864.
William T. Mason, of Virginia, to take rank from March 19, 1864.
A. Flournoy, jr., of Texas, to take rank from February 19, 1864.

C. C. Whiting, of Virginia, to take rank from February 25, 1864.
Dixon B. Hall, of Alabama, to take rank from March 8, 1864.
William H. Harris, of Mississippi, to take rank from February 19, 1864.
R. J. Manning, of , to take rank from April 7, 1864.

William J. Steuart, of Maryland, to take rank from April 7, 1864.
J. H. [Martin, of Tennessee, to take rank from March 1, 1864.
Charles T. Pollard, of Alabama, to take rank from April 18, 1864.



20 JOURNAL OF THE [May 5, 1864.

George W. Brown, of Kentucky, to take rank from April 16, 1864.
H. C. Armstrong, of (Georgia, to take rank from April 20, 1864.
I am, sir, resoeetfuliv, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messaji^e was read.

Ordered^ That it l)e referred to the Committee on Military Affairs.
The following messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:

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

Agreeably to the recommendation of the Secretary of the Navy," I hereby nominate
the persons named upon the annexed list to the offices designated.

JEFFERSON DAVIS.

Navy Department, Confederate States of America, •

Richmond, May 8, 1864.
The President.

Sir: I have the honor to recommend the following nominations for appointment
in the Navy for the war, under Act No. 3.31 of Provisional Congress, approved
December 24, 1861:

Assistant surgeons for the war.

James G. Thomas, of North Carolina; Walter E. Bondurant, of Mississippi; James
E. Moyler, of Arkansas; Frederick Peck, of Alabama; Hugh S. Paisley, of Alabama;
John E. Duffel, of Louisiana; James G. Boxley, of Georgia, and Edmund Golds-
borough, of Maryland; all to rank from the 28th day of April, 1864.
I am, respectfuUv, your obedient servant,

S. R. MALLORY,

Secretary of the Nary.

The message was read.

Ordered^ That it be referred to the Committee on Naval Affairs.

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

Agreeably to the recommendation of the Secretary of the Navy, I hereby nomi-
nate the persons named upon the annexed list to the offices designated.

JEFFERSON DAVIS.

Navy Dep.\rtment, Confederate States of America,

Richmond, May 3, 1864.
To the President.

Sir: I have the honor to recommend the following nominations for appointment
in the Marine Corps:

Second lieutenants.

Henry H. McCune, of INIissouri, vice Second Lieut. James Thurston, promoted,
to rank from the 14th day of March, 1864.

Edward Crenshaw, of Alabama, vice Second Lieut. F. H. Cameron, promoted, to
rank from the 11th day of April, 1864.

I am, respectfuliv, vour obedient servant.

S. R. MALLORY,

Secretary of the Navy.

The message was read.

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

Mr. Brown presented a communication from ^^'. B. Lowrv in rela-
tion to his appointment as colonel of the Eleventh Mississippi Regi-
ment; which was referred to the Committee on Military Affairs.

On motion by Mr. Hill,

The Senate resolved into open legislative session.



May 6, 1864.] SENATE. 21

FRIDAY, May 6, 1864.

OPEN SESSION.

Mr. Caperton presented the petition of Eliza Maury, praying the
continuation of a pension to which she was entitled under the Govern-
ment of the United States; which was referred to the Committee on
Claims.

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

Resolved, That the Committee on Finance be instructed to inquire and report what
amendments, if any, should be made to the act to levy additional taxes for the
common defense and support of the Government, approved February seventeenth,
eighteen hundred and sixty-four, in relation to the taxes imposed on the property
and stock of railroad companies.

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

Resolved, That the Committee on Finance be instructed to inquire into the expedi-
ency of exempting and releasing from iixiport duties machinery, and materials for
repairing the same, imported during the existing war and blockade by railroad
companies.

Mr. Hill presented the memorial of the banking institutions of the
city of Savannah, Ga., praying- a moditication of the present tax law;
which was referred to the Committee on Finance.

Mr. Burnett, from the Committee on Claims, to whom was referred
the joint resokition (S. 4) for the relief of John D. Southerland,
reported it without amendment.

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.

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

The said resolution was read the third time.

On the question,

Shall the resolution now pass?

It was determined in the affirmative, ^ ^ ^„, ^

On motion by Mr. Burnett,

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

Those who voted in the afiirmative are,

Messrs, Baker, Barnwell, Brown, Burnett, Caperton, Dortch, Gra-
ham, Haynes, Hill, Hunter, Jemison, Johnson of Arkansas, Johnson
of Missouri, Maxwell, Mitchel, Oldham, Orr, and Wigfall.

So it was

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

Ordered, That the Secretary request the concui-rence of the House
of Representatives therein.

Mr. Johnson of Missouri submitted the following resolution; which
was considered and agreed to:

Resolved, That the Secretary of the Senate transmit to the Clerk of the House of
Rejiresentatives, for distribution in the House, one hundred and twenty copies of
every bill, resolution, and report, ])rinted for the use of the Senate, except resolu-
tiona adopted or reports made in executive session.



22 JOURNAL OF THE [May 6, 1864.

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

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

J/r. President: The House of Representatives have passed joint resolutions of the
following titles; in vvhich they request the concurrence of the .Senate:

H. R. 1. Joint resolution of thanks to the Thirty-fourth and Thirtj^-eighth regi-
ments of North Carolina troops; and

H. R. 2. Joint resolution of thanks to the Texas Brigade in the Army of Northern
Virginia.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the joint resolution (S. 5) of thanks to Maj. Gen. N. B. Forrest
and his officers and soldiers; and

On the question to agree to the motion submitted b}" Mr. Burnett,
on yesterda}^, that it be referred to the Conmiittee on Military
Affairs,

It was determined in the affirmative.

So it was

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

Mr. Johnson of Arkansas, agreeably to previous notice, submitted
the following resolution; which was considered and agreed to:

Resolred, That the following rule he adopted and numbered the fifty-first rule of
the Senate, to wit:

All joint resolutions giving the thanks of Congress to f)fficers or soldiers of the
Army or Navy of tlie Confederate States shall, on their second reading, be referred
to some one of the standing connnittecs of the Senate, unless otherwise ordered ))y
a majority of the Senate.

Mr. Wigfall submitted the following resolutions for consideration:

Resolved, That the Congress of the Confederate States has the undoubted right,
during invasion or rebellion, and when the j)ublic safety requires it, to suspend the
privilege of the writ of habeas corpus, and that while so suspended it is not com-
petent for any Confederate judge to discharge from custody any person held under
or by virtue of the authority of the Confederate States.

Resolved, That the State courts, being established ])y State authority, can in no
manner be affected by Confederate legislation, and that therefore an act of the Con-
federate Congress suspending the privilege of the writ of habeas corpus does not
apply to them, and in nowise prevents their exercising such jurisdiction, or issuing
such writs, as by the laws of their States they are allowed to exercise or issue.

Resolved, That the State and Confederate governments are separate, distinct, and
coordinate governments; that each has its legislative, executive, and judicial depart-
ments, and is a perfect government in itself; and that therefore neither can inter-
fere, in any manner, with the legislative, executive, or judicial action (if tiie other;
and that the courts of neither can inquire into the legality or illegality of the arrests
of persons in custody under or by the authority of the other, or afford such persona
any relief.

Resolved, That the Constitution of the Confederate States is, as to the States and
between them, a compact; and that each has, as in all cases of compacts between
sovereigns, a perfect right to declare its true intent and njeaning; and that the citi-
zens of each State are bound by such decision.

Resolved, 1h2it as to the citizens of each State, the Constitution of the Confederate
States, having been ordained and established by the same authority as their State
constitution, is equally supreme and binding over them as their State constitution is;
and that the Government established by it, to the extent of its delegated powers,
of which the State only is the judge, is as fully empowered to act for them as their
State Government; and that when it does so act, their State government, having
no supremacy over the Confederate Government, can not i-elease them from their
obligation to obey.

The Senate proceeded to consider the said resolutions; and
On motion by Mr. Wigfall,



May 9, 1864.] SENATE. 23

Ordered^ That the further consideration thereof be postponed to
and made the special order for Monday next at 1 o'clock, and that
the\^ be printed.

On motion by Mr. Semmes,

Ordered^ That when the Senate adjourn it be to Monday next.

On motion by Mr. Hill,

Ordered, That the Hon. Edward Sparrow have leave of absence from
the sessions of the Senate until Wednesday next.

Mr. Jemison (bv leave) introduced

A bill (S. 9) for the relief of Green T. Hill;
which was read the first and second times and referred to the Commit-
tee on Finance,

On motion by Mr. Jemison,

Ordered^ That the Hon. John W. C. Watson have leave of absence
from the sessions of the Senate until Tuesday next.

The joint resolutions (H. R. 1 and H. R. 2) received this day from
the House of Representatives for concurrence were severally read the
first and second times and referred to the Committee on Military
Affairs.

On motion by Mr. Maxwell,

The Senate adjourned.

MONDAY, May 9, 1864.

OPEN SESSION.

Mr. Mitchel (by leave) introduced

A bill (S. 10) to aid any State in communicating with and preparing
records of its troops;

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

Mr. Mitchel (by leave) introduced

A bill (S. 11) to extend the franking- privilege;
which was read the first and second times and referred to the Commit-
tee on Post-Oflices and Post-Roads.

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

Resolved, That the Committee on the Juflioiary be instructed to inquire into the
expediency of further legislation with a view to the prevention and punishment of
illegal impressments, and also for the purpose of making just compensation to citi-
zens from whom private property has been illegally taken for the public use without
compensation.

The Senate resumed the consideration of the resolutions submitted
by Mr. Wigfall on the 6th instant relative to the suspension of the
privilege of the writ of habeas corpus; and

On motion by Mr. Haynes,

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

On motion by Mr. Oldham,

The Senate adjourned.



24 JOURNAL OF THE [May lo, 1864.

TUESDAY, May 10, 1864.

OPEN SESSION.

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

Mr. President: The House of Eepresentatives have passed a bill (H. R. 67) to con-
tinue in force and amend the provisions of an act approved January 30, 1864, increas-
ing the compensation of certain officers and employees in the civil and legislative
departments in Richmond; in which they request the concurrence of the Senate.

Mr. Sparrow presented the memorial of Earnest Lagarde & Co.,
proprietors of The Age, a monthl}^ periodical published in Richmond,
Va., pra^ang exemption from military .service; which was referred to
the Committee on Military Affairs.

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

Resolred, That the Committee on the Judiciary be instructed to inquire what legis-
lation is necessary on the subject of costs in cases of condemnation of confiscated
property, and especially into the expediency of conforming the fees and commissions
thereon of all otliccrs to those for like services in the .States where proceedings are
had, and omitting all charges for mileage, so as to preserve the moneys realized ft-om
such condemnations for the objects designed by the acts of Congress.

Mr. Jemi.son presented the memorial of Capt. E. B. Vaughan, pray
ing to be released from the pa^nnent of certain monej's lost by him
while acting as (piartermaster in the Army of Tennessee; which was
referred to the Committee on Claims.

On motion by Mr. vSparrow,

Oi'dci'i'd^ That the Committee on Military Affairs be discharged from
the further consideration of the bill (S. 7) to amend an act entitled ''An
act to provide for the payment of the interest on the removal and sub-
sistence fund due the Cherokee Indians in North Carolina," so as to
authorize the Secretary of War to pay the interest in cash or pro-
visions, and that it be referred to the Committee on Indian Affairs.

Mr. Sparrow, from the Committee on Military Affairs, to whom were
referred the following joint resolutions:

II. R. 1. .Foint resolution of thanks to the Thirty-fouith and Thirty-
eighth regiments of North Carolina troops; and

H. R. 2. Joint resolution of thanks to the Texas Brigade in the
Army of Northern Virginia;
reported them .severall}', without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the joint resolutions (H. R. 1 and H. R. 2) last mentioned;
and no amendment being proposed, they were severally reported to
the Senate.

Ordered., That they pass to a third reading.

The said resolutions were .severally read the third time.

Memlved^ That the\' pass.

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

Mr. Brown, from the Committee on Naval Affairs, to whom was
referred a mes,sage of the President of the Confederate States on the
subject, reported

A bill (S. 12) to authorize the withdrawal from the Treasury of
money contributed lo build an ii-onciad gunboat by ladies of the Stjite
of South Carolina, and deposited therein;



May 10, 1864.] SENATE. 25

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

Ordered^ I'hat it ])e engrossed and read a third time.

The said ])ill was read the third time.

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

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

Mr. Brown, from the Committee on Naval Affairs, reported the
following bills; which were severally read the first and second times
and ordered to be placed upon the Calendar and printed;

S. 1?). A liill 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 J 7, 1864;

S. l4. A bill to amend an act entitled "An act to provide an invalid
corps,'' approved ITth February", 1864; and

S. 15. A bill to authorize the payment of the actual and necessary
expenses of naval oflicers while traveling under orders.

Mr. Hill, from the Committee on the Judiciary, to whom was
referred the resolution submitted by Mr. Johnson of Arkansas on the
Ith instant, fixing a day for the adjournment of the present session of
Congress, j'eported it with an amendment.

Mr. Mitchel, from the Committee on Post-OtBces and Post-Roads,
to whom was referred the l)ill (S. 11) to extend the franking privilege,
rejwrted 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 l)e engrossed and read a third time.

The said bill was read the third time.

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

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

On motion b}^ Mr. Burnett,

Ordered^ That the Committee on Claims be discharged from the
further consideration of the petition of Eliza Maury, and that it be
referred to the Committee on Naval Afl'airs.

The bill (H. R. 67) to continue in force and amend the provisions of
an act approved .lanuarv 30, 1861, increasing the compensation of
certain officers and employees in the civil and legislati\e departments
in Richmond, was read the first and second times and referred to the
(jonunittee on Finance.

The Senate resumed the consideration of the resolutions submitted
b}' Mr. Wigfall on the 6th instant relative to the suspension of the
privilege of the writ of habeas corpus; and

After debate.

On motion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having been opened.

On motion by Mr. Mitchel,

The Senate adjourned.



26 JOUKNAL OF THE [May 10,1864.

SECRET SESSION.

Mr. Hill, from the Committee on the Judiciary, reported

A joint resolution (S. 6) to authorize the removal of the public ar-
chives and of the Executive Departments of the Government; which
was read the iirst and second times and ordered to be placed upon the
Calendar.

Mr. Hill, from the Committee on the Judiciary, reported

A bill (8. 1()) to lix the time for the assem})ling of the Congress at
its next regular session, and to authorize the President to convene the
Congress at any place other than the seat of government;
which was read the Iirst and second times and considered as in Com-
mittee of the Whole.

On motion by Mr. Orr. to till the blank in the first section with
"Monday, the seventh day of NovcMnbei-,"

On motion l)v Mr. Johnson of Missouri, that the l)ill lie upon the
table.

It was determined in the negative.

On the question to agree to the amendment proposed by ^Ir. Orr,

It was determined in the affirmative.

The bill having been further amended, was reported to the Senate
and the amendmi'uts were concurred in.

Oi'derviJ^ Tliat the bill be engrossed and read a third time.

The siiid bill was read the third time.

Rrsolrcd^ That it })ass, and that the title thereof be as aforesaid.

()r(l<-r((K That the Secretary request the concurrence of the House
of Keprcsentatixes therein.

On motion by Mr. Sparrow,

The Sen:de i-esolved into executive session.

EXECUTIVE SESSION.

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

KxEd'TivK Dkpakt.ment, Conkeukkatk States of Ameiuca,

Jiirhmond, May 6, 1864-
T(i lilt' Senate of tJie Confederate State.t:

Ajjreeably to the vei-oinmendatit)ii of tlie Secretary <if \\ ar, I nominate Col. Stand
Wati«i, of Indian Territory, to lie l)ri^adier-i:eneral in the Provisional Army of the
Confederate States, to command Indian Brigade.

JEFFERSON DAVIS.

War Defaktmext, Confederate States of America,

R'lehiiioml, May 6, 1S64.
Sir: I havetlie honor to recommend the nomination of Col. Stand Watie, of Indian
Territory', to be brigadier-general in the Provisional Army of the Confederate States
'of America, to command Indian Brigade, to take rank from date of conlirmation.
I am, sir, respectfullv, vonr obedient servant,

JAMES A. SKDDON,

Secretary if War.
To His Excellency Jefferson Davis,

I*restdent, etc.

The Senate pioceeded to consider said nomination; and
Rrsol rnl^ That the Senate advise and consent to his appointment,
ati^reeablv to the nomination of the President.



May 10, 1864.1 SENATE. 27

Executive Department, Confederate States of America,

Richmond, May 7, 1864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accompanying list to the rank affixed to their names, respectively.

JEFFEKSON DAVIS

War Department, Confeder.vte States of America,

Riclimond, May 6, IS64.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

military courts.

S. I). Lee's cavalry division.

Col. James Phelan, of Mississippi, presiding judge; Col. T. A. Jones, of Alabama,
member; Col. Winchester Hall, of Louisiana, member; Capt. Austin Pollard, of
Mississippi, judge-advocate; to take rank from April 6, 18B4.

A^. B. Forrest's cavalry division.

Col. Alexander McKinstry, of Alabama, presiding judge; Col. Daniel B. Wright,
of Mississippi, member; Col. A. S. Marks, of Tennessee, membei-; Capt. J. M. Scruggs,
of Georgia, judge-advocate; to take rank from April 6, 1864.

North Alabama.

Col. L. P. Walker, of Alabama, presiding judge; Col. W. F. Dowd, of Mississippi,
member; Col. John Chester, of Tennessee, member; Capt. John F. House, of Ten-
nessee, judge-advocate; to take rank from April 6, 1864.

Fresidi7nj judges.

Col. M. D. Graham, of Texas, for duty as judge of court. Holmes' Corps, Trans-
Mississippi Department, vice Col. P. W. Gray, declined, to rank from February 19,
1864.

Louis Bush, of Louisiana, for duty as judge of court, Trans-Mississippi Department,
vice Colonel Hodge, elected to Congress, to rank from March 9, 1864.

Member.

Col. W. H. Saunders, of Mississippi, for duty as judge of court, Hood's Corps,
Army of Tennessee, vice Col. J. B. Sale, resigned, to rank from April 22, 1864.

Judge-advocate.

Capt. 0. K. Dawson, of Georgia, for duty as judge-advocate of court, Ewell's Corps,
Army of Northern Virginia, vice Capt. D. A. Wilson, promoted, to rank from April
12, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read.

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

Executive Department, Confederate States of America,

Richmond, May 9, IS64.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accompanying list to the rank affixed to their names, respectively.

JEFFERSok DAVIS



28 JOURNAL OF THE [May 10, 1864.

No. 6.] War Department, Confederate States of America,

Richmond, May 5, 1864-
Sir: 1 have the honor to recommend the following nominations for appointment



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