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

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enemies will be best and most certainly evoked by the demonstration on our part of
ability and unshaken determination to defend our rights and to hold no earthly
price too dear for their purchase. Whenever there shall be on the part of our ene-
mies a desire for peace there will be no difficulty in finding means by which negotia-
tion can be opened; but it is obvious that no agency can be called into action until
this desire shall be mutual. When that contingency shall happen, the Government
to which is confided the treaty-making power can be at no loss for means adapted to
accomplish so desirable an end.

In the hope that the day will soon be reached when, under Divine favor, these
States may be allowed to enter on their former peaceful pursuits and to develop the
abundant natural resources with which they are blessed, let us, then, resolutely con-
tinue to devote our united and unimpaired energies to the defense of our homes, our
lives, and our liberties. This is the true path to peace. Let us tread it with confi-
dence in the assured result.

JEFFERSON DAVIS.

EiCHMOND, Va., November 7, 1864-

The message was read.

On motion by Mr. Orr,

Ordered., That it be laid upon the table and printed.

On motion by Mr. Orr,

Ordered^ That so much of the President's message as relates to for-
eign affairs be referred to the Committee on Foreign Relations; that
so much as relates to the finances be referred to the Committee on
Finance, and that so much as relates to military affairs be referred to
the Committee on Military Affairs.

On motion by Mr. Orr,

Ordered., That the report of the Secretary of the Navy be referred
to the Committee on Naval Affairs ; that the report of the vSecretary
of War be referred to the Committee on Military Affairs; that the
report of the Secretary of the Treasury be referred to the Committee
on Finance; that the report of the Postmaster-General be referred to
the Committee on Post-Offices and Post-Roads, and that the report of
the Attorney-General be referred to the Committee on the Judiciary.



260 ' JOURNAL OF THE [Nov. 8, 9, 1864.

The President pro tempore laid before the Senate a letter from the
governor of the State of Virginia, communicating a series of reso-
lutions passed at a meeting of the governors of the States of Virginia,
North Carolina, South Carolina, Georgia, Alabama, and Mississippi
held at Augusta, Ga.. on the 17th day of October, 1864, in relation to
various subjects connected with the present condition of the country;
which was read.

Ordered^ That it lie upon the table and be printed.

On motion by Mr. Orr,

The Senate adjourned.

TUESDAY, November 8, 1864.

OPEN SESSION.

Mr. Sparrow presented the credentials of the Hon. Augustus H.
Garland, chosen a Senator b}' the general assembly of the State of
Arkansas, to till the vacancy occasioned by the death of the Hon.
Charles B. Mitchel; which were read, and the oath prescribed by the
Constitution having been iulniiiiistered to Mr. Garland, he took his
seat in the Senate.

Mr. Hill (by leave) introduced

A bill (S. 84) to construe and declare more explicitly the meaning of
an act to increase the compensation of the heads of the several
Executive Departments and the Assistant Secretary of War and the
Treasury and of the As.sistant Attorney-General and the Comptroller
of the Treasurv and other ofttcers therein named, approved June 14,
1864;

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

Mr. Graham (by leave) introduced

A bill (S. S.5) declaring four per cent bonds and certificates therefor
receivable in pavment of all taxes due and payable for the year 1864;
which was read the first and second times and referred to the Com-
mittee on Finance.

On motion by Mr, Barnwell, from the Committee on Finance,

Ordered^ That the report of the Secretary of the Treasury, with the
accompanying documents, l)c printed for the use of the Senate.

The President pro tempore laid l)efore the Senate a letter from
Capt. S. S. Lee. transmitting %) copies of the Navy Register for 1864,
for distribution among the members of the Senate; which was read.

Ordered, That it lie upon the table.

On motion by jVIr. Orr,

The Senate adjourned.

WEDNESDAY, November 9, 1864.

OPEN SESSION.

Mr. Garland presented a resolution of the general assembly of the
State of Arkansas, suggesting certain amendments to the act of Con-
gress of February 17, 1864, entitled "An act to organize forces to
serve during the war;" which was read.



Nov. 9, 18f.4.] SENATE. 261

Ordered^ That it be referred to the Committee on Military Affairs
and printed,

Mr. Garland (by leave) introduced

A bill (S. 86) fixing- the salaries of certain civil officers in the Trans-
Mississippi Department;

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

Mr. Hill submitted the following resolutions; which were considered
and agreed to:

Resolved, That the Committee on Military Affairs be instructed to inquire and
report what adfUtional legislation, if any, may be needed to secure prompt payment of
dues to the Army.

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of providinji l)y law for the receipt, in payment of taxes and other public
dues, of certificates and stated accounts given by the authorized agents of the Gov-
ernment for property and supplies impressed or purchased for the use of the Army
and the Government.

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

Resolved, That the President be requested to communicate to the Senate —

First. The nunil)er of persons exempted from military service on the several rail-
roads within the Confederacy, designating the number so exempt on each road, and
the number of miles of each road "in actual use for military transportation;" and
further, if the presidents or superintendents of said roads have made monthly
returns in regard to exem|)tions thereon as required by law; and if any have failed
to do so, the names of such officers and the roads to which they belong.

Second. The number and the names of all persons exempted in cases "where
railroads have fallen into the hands of the enemy, and a portion of the rolling stock
of such roads is being used on other roads."

Third. The number of persons (if any) which have been detailed for duty to
assist in repairing or running any roads, or in repairing or taking care of the rolling
stock on or belonging to any of said railroads.

Fouith. The number of persons exempted or detailed for express and telegraph
companies, designating the number to each.

Fifth. The number of persons exem})ted from military service under the provi-
sions of tlie act approved April fourteenth, eighteen hundred and sixty-three, enti-
tled "An act to exempt contractors for carrying the mails of the Confederate States
and the drivers of post coaches and hacks from military service."

Sixth. The number of persons exempted or detailed for agricultural purposes who
have given bonds to furnish supplies as provided by law.

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

Resolved, That the Committee on Finance ])e instructed to inquire and report if
any and what additional legislation is necessary to secure to the owner or hirer a
credit upon the amount of their taxes equal to the tithe produced by the hirer, pro-
vided such discount does not exceed five per cent.

On motion by Mr. Orr,

Ordered, That the Secretary of the Senate cause to be bound, for
the use of the Senate, 28 copies of the Statutes at Large of the Pro-
visional Government of the Confederate States.

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

Resolved, That the Committee on Military Affairs be instructed to inquire into the
expediency of repealing that clause of the act to organize forces to serve during the
war, approved seventeenth February, eighteen hundred and sixty-four, which
exempts from military service one person as overseer or agriculturist on each farm or
plantation upon which there are now, or were on the first day of January last, fifteen
able-bodied field hands between the ages of sixteen and fifty; and also the whole of
section eleven of said act, whic-h provides that the President be authorized to grant
details when, in his judgment, justice, equity, and necessity require such details.



262 JOURNAL OF THE [Nov. 10, 1864.

On motion by Mr. Sparrow, from the Committee on Military Affairs,

Ordered., That the report of the Secretary of War be printed.

On motion by Mr. Sparrow, and by unanimous consent,

Ordered.^ That 200 additional copies of the report of the Secretary
of War be printed for the use of the Senate.

On motion b}' Mr. Sparrow,

Ordered^ That the report of Robert Ould, agent for the exchang-e
of prisoners, be printed.

Mr. Henry submitted the following resolution for consideration:

Resolved, That it is a sound policy on the part of the Government of the Confed-
erate States to impress, or hire with the consent of the owner, as many negro slaves
as the public necessity may require, for any number of year?), or during the war, to
be employed in all positions in the Army, excej)t as soldiers in the field, upon pay-
ing the owners thereof a just compensation; and that it has the constitutional power
to do so.

The Senate proceeded to consider the said resolution; and

On motion by Mr. Henr}-,

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

On motion by Mr. Hill,

The Senate adjourned.

THURSDAY, November 10, 1864.

OPEN SESSION.

Mr. Garland presented a communication from P. O. Hooper, sug-
gesting sundr3' measures for perfecting the organization of the Medi-
cal Department of the Ami}'; which was referred to the Committee on
Military Affairs.

Mr. Sparrow (by leave) introduced

A bill (S. s7) for extending the assessment of prices for the Army
to all citizens of the Confederate States;

whi<h was read tlie lirst and second times and referred to the Commit-
tee on Military Affairs.

On motion by Mr. Orr,

Ordered., That the Secretary cause to be bound, for the use of the
standing committees of the Senate, 16 copies of the Statutes at Large
of the Provisional Government of the (Confederate States.

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

Resolred, That .so much of the report of the Secretary of War as relates to the jiro-
duction and supply of iron be referred to a select committee of five, to be appointed
by the President pro tempore.

On motion by Mr. Sparrow,

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

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

Ric'UMoxi), V.\., Xoveiiihrr 9, 1S(>4-
Tu the Senate and House of Representatives:

I herewith transmit a comnmnicatioii from the Secretary of War, covering co))ies
of several reports of military operations during the j>rcsent year, and renew my sug-
gestion that all such papers are sul)mitted for the inforuiation of Congress, and that
it is not considered advisable to pul)iish them at this time.

JEFFERSON DAVIS.



Nov. 10, 1864.;] &ENATE'. '268

The messag-e was read.

Orden^d^ That it be referred to the Committee on Militarj' Affairs.

On motion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having- been opened,

On motion by Mr. Sparrow,

The Senate adjourned.

SECRET SESSION.

The following message was received from the President of the Con-
federate States, b3' Mr. B. N. Harrison, his Secretary:

Richmond, Va., November 9, 186 4.
To the Senate and House of Representatives:

I herewith transmit for your consideration a coninmnication from the Secretary of
War, showing that a dangerous conspiracy exists in some of the counties of south-
western V'iriiinia, and in tlie neiiili))orin}r jiortions of North Carolina and Tennessee,
which it is found impractical)le to suppress ]>y the ordinary course of law. The facts
are so fully exhibited by the report and accompanying pajiers, herewith submitted,
that I consider it unnecessary to repeat them, or to do more than invite your early
attention to disclosures upon which I deem it my duty to reconnnend the susf>ension
of the writ of habeas corpus, in order that full etticaey may be given to the military
power for the repression of the evil.

It may be proper here to add that, after the expiration of the term for which the
writ was suspended, serious end)arrassment was encountered, particularly at Mobile,
Wilmington, and Riclunond, on account (jf the inal)ility of the military authorities to
arrest and hold suspected persons against wIkjui the testimony was sufficient to give
full assurance that they ^vere spies or holding treasonable communication with the
enemy, though legal proof could not l)e adduced to secure their commitment and
conviction ])y the courts, either because of the character of the evidence or of the
necessity for concealing the sources of information, which were not unfrequently
within the enemv's lines.

JEFFERSON DAVIS.

The message was read.

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

On motion by Mr. Hill,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Navy, I nominate the
person named on the annexed list to the office designated.

JEFFERSON DAVIS.

Richmond, Va., November 9, 1864-

Confederate States of America, Navv Department,

Richmond, Novembor 8, I864.
The President.

Sir: I have the honor to recommend the following nomination for appointment in
the Provisional Navy:

Commander.

First Lieut. Joseph Price, of North Carolina, to be promoted for gallant and meri-
torious conduct in the capture of the enemv's steam sloop Water Witch, in Ossabaw
Sound, on the 3d of June, 1864, to rank from the 12th day of July, 1864.
I am, respectfully, your obedient servant,

S. R. MALLORY,

Secretm-y of the Navy.



^64 JOURNAL OF THB [Nov. lO, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Navy, I nominate the
persons named on the annexed list to the oflBces designated.

JEFFERSON DAVIS.

Richmond, Va., November 9, 1864-

Confederate States of America, Navy Department,

Richmond, November 8, 1864-

The President.

Sir: I have the honor to recommend the following nominations for appointments
in the Provisional Navy:

First lieutenants.

John Wilkinson, of Virginia, a first lieutenant in the Regular Navy, to rank from
the 6th day of January, 1864.

Beverly Kennon, of Virginia, to rank from the 23d day of July, 1864.
jEneas" Armstrong, of Georgia, to rank from the 26th of July, 1864.
Edward Lakin, of Virginia, to rank from the 26th of July, 1864.
John Lewis, of Virginia, to rank from the 26th of July, 1864.

Masters, in the line of promotion.

Orris A. Browne, of Virginia; Raphael J. Moses, of Georgia; John T. Mason, of
Virginia; William W. Wilkinson, of South Carolina.

Passed assistant surgeons.

R. R. Gibbcs, of South Carolina; Charles M. Morfit, of Maryland.

Assistaiit surgeons.

John H. Tucker, of Mississippi.

Howell A. Venable, of Texas, to rank from the 6th day of September, 1864.
George C. Daniel, of Georgia, to rank from the 6th day of September, 1864.
James G. Thomas, of North Carolina, to rank from tlie 12th day of October, 1864.
Thomas J. Wheeden, of Maryland, to rank from the 18th day of October, 1864.

.1 ssista n t pay masters.

Thomas P. Barrv, of Alal)ania, to rank from the 11th day of August, 1864.
Nelson Tift, of ("ieorgia, to rank from the 1st day of October, 1864.
William B. Runynn, of Florida, vice Charles (i. Pearson, resigned, to rank from
the 4th day of Novenilicr, 18(54.

Chief engineers.

Charles H. Levy, of Virginia; lA>udon Campbell, of Virginia; J. J. Darcy, of South
Carolina; Wilson Youngbloo<l, of Ixiuisiana, all to rank from the 26th day of Octo-
ber, 18(>4.

1 am, respectfully, your obedient servant, S. R. MALLORY,

Secretari/ of the Navy.
To the Senate of the Confederate States: ^

Agreeably to the recommendation of the Secretary of the Navy, I nominate the per-
sons named on the acconipanving list tt) the offices designated.

JEFFERSON DAVIS.
Richmond, Va., Norernber 9, 1S64.

Navy Department, Confederate States of America,

Richntond, Va., November 8, 1864.

The President.

Sir: I have the honor to recommend the following nominations for api>ointment
in the Marine Corps:

Second lieutenants.

Eugene R. Smitii, of Tennessee, vice First Lieut. .1. 1>. Fowler, deieased. to rank
from the 13th day of September, 1864.

John A. Pearson, of Arkansas, vice First Lieut. David Bradford, ]»romoted, to rank
from the 8th day of October, 18«i4.

I am, respectfully, your obedient servant, S. R. MALLORY,

Secretari/ tf the Nary.



Nov. 14,1864.] SENATE. 26f)

Richmond, Ya., November 10, 1864.
To the Senate of tlie Confederate States.

Agreeably to the recommendation of the Secretary of the Navy, I nominate the per-
sons named on the annexed Ust to the offices designated.

JEFFERSON DAVIS.

Navy Department, Confederate States of America,

Richmond, November 9, 1864-
The President.

Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Navy:

Assistant surgeons.

Ira E. Smith, of Georgia; Gustavus H Sussdorff, of North Carolina; William D.
Sale, of Missouri; William M. Coggin, of North Carolina.
I am, respectfully, your obedient servant,

S. R. MALLORY,

Secretary of the Navy.
The messages were read.

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

Executive Department, Confeder.\te States of America,

Richmond, Noveinber 10, 1864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate T. Jeff.
Peyton, of Virginia, to be a captain in the Adjutant-General's Department in the Pro-
visional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 1.] War Department, Confederate States of America,

Richmond, November 9, 1864-
Sir: I have the honor to recommend the nomination of T. Jeff. Peyton, of Virginia,
to be captain in the Adiutant-General's Department in the Provisional Army of the
Confederate States of America, to rank from June 20, 1864.
I am, sir, respectfuUv, vour 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.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

MONDAY, November U, 1864.

OPEN SESSION.

The Hon. James M. Baker, from the State of Florida; the Hon.
Albert G. Brown, from the State of Missis.sippi ; the Hon, Landon C.
Ha} nes, from the State of Tennessee; the Hon. Richard W. Walker,
from the State of Alabama, and the Hon. John W. C. Watson, from
the State of Mississippi, severally attended.

Mr. Garland (by leave) introduced

A bill (S. 88) to exempt from taxation, on the part of the Confed-
erate Government, the articles purchased by the State of Arkansas
under and ])y virtue of an act of the general assembly of .said State,
approved October 1, 1864:, entitled "An act to provide cotton and



266 JOtTRNAL OF THE [Nov. 14, 1864.

wool cards and medicines for the families of soldiers, and paper for
the officers of the State and counties, and for other purposes;'-
which was read the first and second times and referred to the Com-
mittee on Finance.

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

Remlved, That the President of the Confederate States be requested to communicate
to the Senate the otticial report of General Joseph E. Johnston touching the operations
of the Army of Tennessee, from the occupation of Dalton to the date of his removal
from the command of that army.

Mr. Barnwell (by leave) introduced

A bill (S. 89) to repeal a part of the twenty-sixth section of an act
approved February 15, 1S«)2, entitled "An act to alter and amend an
act entitled 'An act for the sequestration of the estates, property, and
etfects of alien enemies, and for indemnity of citizens of the Confed-
erate States and persons aiding the same in the existing war with the
United States,' approved August thirtieth, eighteen hundred and
sixty-one;"

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

Mr. Barnwell, from the Committee on Finance, reported

A bill (S. 1>0) to amend the third section of an act entitled "An act
to organize forces to serve during the war." approved Februarv 17,
1804;

which was read the iirst 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.

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

Ordered^ That tlie Secretary reijuest the concurrence of the House
of Representatives therein.

Mr. Barnwell, from the Committee on Finance, reported

A bill (S. 1»1) to :uithorize the Secretary of the Treasury to exchange
coupon bonds for T.HO Treasury notes;

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

Ordi red. That it be engrossed and n-ad 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 tiie Secivtary reciiiest the concui-rence of the House
of Representativ(>s therein.

On motion i)y Mr. Hill, from the Conunittee on the Judiciary,

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

On motion by Mr. Hill,

Ordered, That the Conunittee on the Judiciary be discharged from
the further consideration of the report of the Superintendent of Public
Printing, and that it be referred to the Conunittee on Printing.

On motion ))v Mr. Baker, from the Conunittee on Post-Oitices and
Post-Roads.

Ordered, That the report of the Postmaster-Cleneral l»e printed for
the use of the Senate.



Nov. 15, 1864.] SENATE. 267

On motion by Mr. Baker,

The Senate proceeded, by ballot, to the appointment of a member
to till the vacancy existing in the Committee on Post-Offices and Post-
Roads; and

Mr. Garland was appointed.

On motion by Mr. Dortch,

Ordered., That the Hon. William A. Graham have leave of absence
from the sessions of the Senate until Thursday, the 24th instant.

On motion by Mr. Hill,

Ordered., That the Hon. Herschel V. Johnson have leave of absence
from the sessions of the Senate until Friday, the 18th instant.

On motion by Mr. Orr,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Orr,

The Senate adjourned.

SECRET SESSION.

The President pro tempore laid before the Senate a letter from the
Secretary of the Treasury, communicating a report on the Cotton Loan
Bureau and a report on the Treasury Note Bureau; which was read.

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

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

Resolved, That the President of the Confederate States be requested to inform the
Senate whether order.'* have been issued by the Commissary-(Teneral to suspend the
issue of all meat rations to i)risoners of war, and if so, what has been substituted
therefor, together with the quantity allowed in lieu of meat.

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

Resolved, That the President of the Confederate States be requested to inform the
Senate whether companies, battalions, or regiments have been organized from pris-
oners of war who have taken the oath of allegiance to the Confederate States; the
number of such organizations; if said organizations have entered into active service,
and where they are to be placed on duty.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

TUESDAY, November 15, 1864.

OPEN SESSION.



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