Confederate States of America. Congress.

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

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or eft'ecting a cessation of hostilities, and that it be printed.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

WEDNESDAY, November 23, 1864.

OPEN SESSION.

Mr. Walker (b}^ leave) introduced

A bill (S, 112) to repeal an act approved June 14, 1S64, 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 define



Nov. 23, 1864.] SENATE. 285

the powers of said courts,' approved October ninth, eighteen hundred
and sixty-two,'' and for other purposes;

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

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

Resolved, That the Secretary be instructed to procure, far the use of the Senate,
thirty copies of the "Digest of the Militarj^ and Naval Laws of the Confederate
States," pubhshed by Evans & Cogswell.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the joint resolution (S. 17) relativ^e to the assessment of the
value of the tax in kind; and

On motion by Mr. Barnwell,

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. Ill) to authorize the President to appoint commis-
sioners for the exchange of prisoners; and no further amendment
being made, the ])ill was reported to the Senate and the amendment
made as in Committee of the Whole was concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

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

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 98) to amend an act to establish the judicial courts
of the Confederate States of America, approved March 16, 1861.

On the question to agree to the following reported amendment, viz:
Strike out all after the enacting clause of the bill and insert:

That in the case of all judgments or decrees designated in the above-recited act
as subject to reexamination, and reversal or affirmance in the Supreme Court of the
Confederate States, which may have been heretofore rendered, or which may be
hereafter rendered, before the organization of the Supreme Court of the Confederate
States, the parties shall be allowed the further period of twelve months from and
after the organization of such Supreme Court within which to sue out such writ of
error.

On motion by Mr. Walker, to amend the amendment b}^ adding
thereto the following proviso, viz:

Promdecl, That nothing herein contained shall be construed to authorize the reex-
amination by said Supreme Court of the judgments and decrees herein referred to in
the event that Congress, in estal)lishing said court under the Permanent Constitu-
tion, shall deny to it appellate jurisdiction in the cases designated in said forty-fifth
section of the act above mentioned.

It was determined in the affirmative.

The reported amendment as amended was then agreed to.

No further amendment being made, the bill was reported to the
Senate and the amendment was concurred in.

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

The said bill was read the third time.

Reml'ved, 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 proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 87) for extending the assessment of prices for
the Armv to all citizens of the Confederate States; and



286 JOURNAL OF THE [Nov. 23, 1864.

On motion by Mr. Sparrow,

Ordtred, That the further consideration thereof be postponed until
Monday next.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the joint resolution (S. l«j) detining- the position of the
Confederate States, and declaring the determination of the Congress
and the people thereof to prosecute the war till their independence is
acknowledged; and

On motion by Mr. Henry,

Ordered, That the further consideration thereof be postponed to
and made the special order for Tuesday next, at 1 o'clock.

On motion by Mr. Barnwell,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Henry,

The Senate adjourned.

SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 10.5) to authorize the exportation of cotton by the
several States in payment for army supplies and cotton and wool cards.

On motion l>y Mr. Graham, to amend the bill by inserting after
"supplies,'' line 5, the word "salt,"

It was determined in the affirmative.

On motion by Mr. Garland, to amend the bill by inserting after
"supplies," line 5, the word "medicines."

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill ])y inserting after
"State,-' line 6, the words "and in payment for any supplies pur-
cha.sed ))y any State for the use of its lunatic or insane asylums,"

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by inserting after
"places," line 3, the words "to be designated by the Secretarv of
War,"

It was determined in the negative.

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

Ordered, That the bill be engrossed and rea<l a third time.

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

On the ({uestion,

Shall the bill now pass?

It was determined in the affirmative, \ >j„„^ 7

On motion by Mr. Simms,

The yeas and nays Ix'ing desired l)v one-fifth of the Senators present.

Those who voted in the affirmative are,

Messrs. Barnwell, Brown, Dortch, (Jarland, (irahani, Haynes, Max-
well, Orr, Semmes, Walker, and Watson.

Those who voted in the negative are,

Messrs. Baker, Henry, Hill, Johnson of Georgia, Johnson of Mis-
souri, Sinmis, and Sparrow.

So it was

Resolved, That this bill pass, and that the title thereof be "An act



Nov. 24, 1864.] SENATE. 287

to authorize the exportation of cotton by the several States in pay-
ment for army and other supplies and cotton and wool cards."

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the hill (S. 1(12) to authorize the exportation of produce
and merchandise bought from the Government; and no amendment
being proposed, it was reported to the Senate.

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

The said bill was read the third time.

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

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

On motion by Mr. Brown,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Brown, from the Committee on Naval Affairs, to whom were
referred (on the 10th and 21st instant) the nominations of Joseph
Price, to be commander; Elugene R. Smith, John A. Pearson, Randolph
R. Stiles, and Crawford H. Ciormlev, to be second lieutenants; Ira E.
Smith, Gustavus E. Sussdorff, William I). Sale, and William M.
Coggin, to be assistant surgeons, reported, with the recommendation
that all of said nominations bo confirmed.

The Senate proceeded to consider 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.

On motion b}^ Mr. Sparrow,

The Senate resolved into open legislative session.

THURSDAY, November 24, 1864.

OPEN SESSION.

On motion by Mr. Walker,

Ordered, That the Hon. Robert Jemison have leave of absence from
the sessions of the Senate until Thursday, the 1st day of December
next.

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

Resolved, That the Committee on Finance be instructed to inquire whether the act
of June fourteenth, eighteen hundred and sixty-four, providing for increase of com-
pensation of the heads of the several Executive Departments and the Assistant Sec-
retary of War and the Treasury and of the Assistant Attorney-General and the
Comptroller of the Treasury and other officers therein named includes the special
agents of the Post-Office Department; and if not, whether it is expedient to increase
the compensation of such agents.

Mr. Maxwell sul)mitted the following resolution; which was consid-
ered and agreed to:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the
expediency of allowing rations to warrant officers of the Navy serving on shore as
in the case of commissioned officers, and also to the civil employees of the naval
stations.



288 JOURNAL OF THE [Nov. 24, 1864.

Mr. Maxwell (by leave) introduced

A bill (S. 113) to authorize the Secretary of the Treasury to remit
the tax on Confederate bonds and interest-bearing notes in certain
cases ;

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

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

Resolved, That the Committee on Indian Affairs be instructed to inquire into the
expediency of amending the act of May first, eighteen hundred and sixty-three, enti-
tled "An act to provide for the payment of the interest on the removal and subsist-
ence fund due to the Cherokee Indians in North Carolina," and that they report such
amendments, if any, as may be deemed necessary to carry out the objects contem-
plated by said act.

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

Resolred, That the President of the Confederate States be requested to communi-
cate to the Senate a copy of the report of Lieutenant-( reneral D. H. Mill of the opera-
tions of his command in the battle of Chickamauga.

Mr. Graham presented a memorial of the Society of Friends of the
State of North Carolina, praying that certain persons who have been
received into the membership of the .society since the 11th day of Octo-
ber, I8«i2, may ))e exempted from military service; which was referred
to the Committee on Military Atiairs.

Mr. Haynes (by leave) introduced

A l)ill (S. 114) to provide clothing for the commissioned officers of
the armies of the Confederate States l)el()W the rank of brigadier-gen-
eral in the lield;

which was read the tirst and second times and referred to the Com-
mittee on Military Atiairs.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the l)ill(S. loi>)to amend an act entitled "An act to increase
the efficiency of the Army by the em})loyment of free negroes and
slaves in certain capacities," appi'oved Fehruary 17, 18*il; and

On motion })y Mr. Caperton,

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

On motion In' ^Ir. Sparrow,

(h-di'i'cd^ That the Hon. Henry C. Burnett have leave of absence
from the sitting of the Senate to-day.

On motion by Mr. Maxwell,

The Senate resolved into secret legislative .se.s.sion.

The doors having been opened,

The following message was received from the President of the Con-
federate States, l)v Mr. B. N. Harri.son, his Secretary:

Mr. President: The Presidentof the Confederate States, on the 22d instant, approved
and signed the following acts:

S. 63. An act for the relief of Mrs. Margaret A. Rice; and

S. 103. An act to amend an act entitled "An act to organize forces to serve during
the war," approved February 17, 1864.

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

On motion by Mr. Barnwell,
The Senate adjourned.



Nov. 2-1, 1864.] SENATE. 289

SECRET SESSION.

On motion by Mr. Henry,

That the vote on passing the bill (S. 105) to authorize the exporta-
tion of cotton by the several States in payment for army and other
supplies and cotton and wool cards be reconsidered,

On motion by Mr. Henry,

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

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

Richmond, Va., November 24, 1864.
To t}te Senate of the Confederate States:

In response to your resolution of the 14th instant, adopted in secret session, I here-
with transmit a communication from the Secretary of War, which conveys the infor-
mation requested relative to the enlistment into our Army of prisoners of war who
have taken the oath of allegiance to the Confederate States.

JEFFERSON DAVIS.

The message was read.

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

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION,

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

Executive Department, Confederate States of America,

Richmond, November 24, 1864-
To the Senate of the Confederate Stales:

Agreeably to the recommendation of the Secretary of War, I nominate Thomas D.
Johnston, of North Carolina, to be assistant commissary, with rank of captain in the
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 16.] War Department, Confederate States of America,

Richmond, November 22, 1S64-
Sir: I have the honor to recommend the nomination of Thomas D. Johnston, of
North Carolina, to be assistant commissary, with rank of captain in the Pro-
visional Army of the Confederate States of America, for duty with Thomas' Legion
(an original vacancy), to date from November 21, 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.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

c J— vol 4—04 19



290 JOURNAL OF THE [Nov. 25, 1864.

FRIDAY, November 25, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a bill and joint resolution
of the following titles; in which they request the concurrence of the Senate:

H. R. 189. An act to amend the laws in relation to the receipt of counterfeit Treas-
ury notes by public officers; and

H. R. 19. Joint resolution of thanks to Gen. N. B. Forrest and the officers and
men of his command.

And they have i)assed Senate bills of the following titles:

S. 90. An act to amend the third section of an act entitled "An act to organize
forces to serve during the war," approved February 17, 1864; and

S. 91. An act to authorize the Secretary of the Treasury to exchange coupon bonds
for 7.30 Treasury notes.

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

Resolved, That the Committee on the Judiciary inquire into the necessity and
expediency of reporting a bill increasing the salaries of the judges of the district
courts of the Confederate States.

Mr. Sinims sul)mitted the following resolution; which was consid-
ered and agreed to:

Resolved, That a special committee of three be appointed, with instructions to
inquire whether the price now paid for making clothing for the Army is sufficient
compensation to those engaged in that busijiess; and also whether the compensation
allowed to females employed in the Ordnance Department is sufficient to enable such
persons to purchase such supjjlies as may be necessary for their subsistence.

On motion l)y Mr. Orr,

Ordered, That tlie committee be appointed by the President pro
tom])orc; and

Mr. Siinms, ]\Ir. Baker, and Mr. Graham were appointed.

Mr. fJohiison of Missouri presented the petition of Thomas Weldon,
praying the pa.s.sage of a law allowing him compensation for the
destruction of tlie United States gunboat Cairo, on the Yazoo River,
on or about the 12th day of December, 1S6'2: which was referred to
the CAMumittee on Naval Affairs.

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

Resolved, That the Committee on the Judiciary be instructed to inquire what leg-
islation is necessary to cause to l)e made the eimmeration of the people of the sev-
eral Confederate States, according to the requirement of the Constitution, Arti-.'le I,
section 2, clause 8.

^Ir. Barnwell (by leave) introduced the following l)ills; which were
severally read the lirst and second times and referred to the Commit-
tee on Finance:

kS. 115. Bill to exempt from taxation the capital of bonds and cer-
tificates issued b}' the Confederate States; and

S. 116. Bill to exempt from taxation loans made on hypothecation
of nontaxa]>le l)onds.

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

Resolved, That the Committee on ^lilitary Affairs be instructed to inquire into the
expediency of providing by law for su|)plying Confederate citizens held as prisoners
by the Government of the United States with the same amount of supplies as
is furnislud to other prisoners belonging to the service of the Confederate States
Government.



Nov. 25,1864.] SENATE. 291

The President pro tempore laid ])ot'orc the Senate the memorial of
the mayor and common council of the town of Fredericksburg-, Va.,
pra^'ing- the passage of a law exempting- the citizens of said town from
taxation by the Confederate States Government; which was referred
to the Committee on Finance.

Mr. Semmes, from the Committee on Finance, to whom was re-
ferred the bill (S. 85) declaring- four per cent bonds and certificates
therefor receivable in payment of all taxes due and payable for the
year 1864, reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said l)ill; and the reported amendment having been
agreed to.

On motion l)y Mr, Orr,

Ordered^ That the further consideration of the bill ])e postponed
imtil to-morrow.

On motion ]>y Mr. Sparrow,

Ordered., That the Committee on Military Affairs be discharged
from the further consideration of the following subjects:

A resolution inquiring- into the expediency of extending the time
within which it is now provided that the act entitled "An act for the
establishment and pa3'ment of claims for a certain description of prop-
crt}' taken or informally impressed for the use of the Army," shall
cease and determine;

A resolution inquiring into the causes of the recent reverses sus-
tained l)y the Confederate arms in the Valley of Virginia; and

A communication from P. O. Hooper, sugg-esting- sundry measures
for perfecting- the organization of the Medical Department of the Army.

On motion by Mr. Sparrow, that the Committee on Military Affairs
be discharged from the furtiier consideration of the resolution sub-
mitted b}^ Mr. Orr on the 15th instant, inquiring whether the late
order, No. 77, Adjutant and Inspector GeneraFs Department, revok-
ing the details of all men between 18 and 45, requires any modifica-
tion by legislation to preserve the producing and industrial interests
of the country,

On motion by Mr. Orr,

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

Mr. Sparrow, from the Connnittee on Militar^^ Affairs, reported

A bill (S. 117) to authorize the conunanders of the reserves in each
State to order general courts-martial and to revise the proceedings of
courts-martial and military courts;

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

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

The said bill was read the third time.

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

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

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 how many officers of the Army of the Confederate States have been tried
under the acts of Congress "to punish drunkenness in the Army," and how many
convictions have been had on such trials.



292 JOURNAL OF THE [Nov 25, 1864.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 109) to amend an act entitled "An act to increase
the efficiency of the Army b}^ the emplo3'ment of free negroes and
slaves in certain capacities," approved February 17, 1864; and

On motion by Mr. Caperton,

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

On motion by Mr. Orr,

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

The bill (H. R. 189) and joint resolution (H. R. 19) leceived this day
from the House of Representatives for concurrence were severally
read the first and second times; and

Ordered^ That the bill be referred to the Committee on Finance,
and the joint resolution to the Committee on Military Affairs.

On motion by Mr. AVatson,

The Senate resolved into secret legislative session.

The doors having been opened.

On motion by Mr. Maxwell,

The Senate adjourned.

SECRET SESSION.

The Senate proceeded to consider the motion submitted by Mr.
Henry on yesterday to reconsider the vote on passing the bill (S. 105)
to authorize the exportation of cotton by the several States in pa}-
ment for army and other supplies and cotton and wool cards; and

The motion was disagreed to.

Mr. Caperton submitted the following resolution for consideration:

Renolred, That the Coininittee on the Judiciary be instructed to bring in a bill for
the suspension of the privilefie of the writ of habeas corpus, AAitli the same provi-
sions which were contained in the act approved the seventeenth day of February,
eighteen hundred and sixty-four, entitled "An act to suspend the privilege of the
writ of habeas corpus in certain cases."

On motion by Mr. Sparrow,

The Senate resolved into executive session.

exp:cutive session.

Mr. Sparrow, from tlio Conuuittoe oti Military Affairs, to whom
were refeiTed (on the 21st and 24th instant) the nominations of .hiiius
W. Terrell, to be assistant (luarterniastor, with rank of captain, and
of Thomas D. Johnston, to be assistant commissaiy, with rank of cap-
tain, reported, with the recommendation that said nominations be con-
firmed.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

Ite^olved^ That the Senate advise and consent to their appointment,
agreeabW to the nomination of the President.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.



Nov. 28, 1864.] SENATE. 293

MONDAY, November 28, 1864.

OPEN SESSION.

Mr. Garland submitted the following resolution; which was consid-
ered and ao-reed to:

Resolved, That the Committee on Finance be instructed to inquire into the expedi-
ency of authorizing and directing money collectors in all localities to take up receipts
in the hands of all those producers who have, through ignorance, paid their tax in
kind in good faith to unauthorized persons for the use of the Army, and to give credit
for such receipts in satisfaction of the money value.

Mr. Garland (by leave) introduced

A bill (S. 118) to prevent companies, associations, or persons, unless
emplo3'ed by the Post-Office Department, from carrying letters, papers,
or any mailable matter whatever;

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

Mr. Baker 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 allowing transportation to officers traveling with leave of absence.

Mr. Maxwell presented the petition of adjutants of certain Florida
regiments, praying an increase of rank for that class of officers, and
that they be placed in the line of promotion; which was referred to
the Committee on Military Affairs.

Mr. Hill presented the memorial of the adjutants of the regiments
composing Colquitt's brigade, praying that the rank of adjutants ma}'
be raised to that of captain of infantry, and that they be placed in the
line of promotion, or that they be included in the bill organizing a



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