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

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■ ' JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severalh^ read.

Orderrd, That they l)e referred to the Committee on Militar}^ Affairs.

On motion l)y Mr. Hill,

The Senate resolved into open leoislative session.



FRIDAY, December ^, 18G4.

OPEN SESSION.

Mr. Garland (by leave) introduced

A bill (S. 12;")) to ameiid an act entitled ''An act to increase tlie
efficiency of the Army by the employment of free negroes and slaves
in certain capacities,'' approved Fel)ruary IT, 1864;
which was read the first and second times and referred to the Com-
mittee on Military Affairs.

The President pro tempore laid before the Senate the memorial of
adjutants of certain Virginia regiments, praying that the rank of that
class of officers may be rais<Hl to that of captain of infantry, and that
they may l)e placed in the line of promotion; which was referred to
the Comniitte«> on INIilitary Affairs.

Th(> Senate ])roceeded to consider the motion submitted by Mr.
Barnwell on the 29th of Noveml)er, that the Connnittce on Finance
be discharged from the further consideration of the resolution sub-
mitted by Mr. Hill on the l>th of Noveml)er, iiuiuiiing into the
expediency of i)roviding by law for the receipt, in payment of taxes
and other public dues, of certificates and stated accounts given by the
authorized agents of the (jovernment for property and supplies
impressed or purchased for the use of the Army and the Government;
and

The motion was agreed to.

On motion by Mr. Barnwell,



Dec. 2. 1864.] SENATE. S 1 1

Ordered^ That the Committee on Finance be discharged from the
further consideration of the resolution submitted by Mr. Garland on
the 28th of November, inquiring into the expediency 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 receipt in satisfaction of the
money value.

Mr. Barnwell, from the Committee on Finance, to whom was
referred the bill (H. R. 189) to amend the laws in relation to the
receipt of counterfeit Treasury notes by public officers, reported it
with the recommendation that it ought not to pass.

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

Mr. Barnwell, from the Committee on Finance, to whom was referred
the bill (S. 128) to regulate the compensation and mileage of members
of Congress during the second 3^ear of the Second Congress, reported
it without amendment.

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

Ordered^ That it 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. Sparrow, from the Committee on Military Affairs, who were
instructed by a resolution of the Senate to inquire into the subject,
reported

A bill (S. 126) to authorize the President to furnish supplies to Con-
federate citizens held as prisoners by the Government of the United
States;

which was read the first and second times and ordered to be placed
upon the Calendar and printed.

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged
from the further consideration of the resolution submitted by Mr.
Baker on the 28th of November, inquiring into the expediency of
allowing transportation to officers traveling with leave of absence.

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

Mr. President: The House of Rejjresentativea have passed a hill (H. R. 238) to
increase the salary of the judge of the district court for the eastern district of Vir-
ginia for a limited time.

The l)ill (H. R. 238) last mentioned was read the first and second
times and referred to the Committee on the ,Judiciary.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 92) to exempt the cargoes of vessels owned by the



312 JOIJBNAL OF THE [Dec. 5, 1864.

States of the Confederacy from existing restrictions upon exports and
imports.

Notice having been given by Mr. Orr, Mr. Maxwell, and Mr.
Semmes of their intention to move certain amendments to the bill,

On motion by Mr. Hill,

Ordered^ That the further consideration thereof be postponed until
Monday next, and that the amendments proposed to be oii'ered be
printed.

On motion by Mr. Hill,

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the joint resolution (S. 18) authorizing the appointment
of a commissioner to Brazil; and

On motion by Mr. Orr,

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

The Senate proceeded to consider the motion submitted b}^ Mr, Bur-
nett on the 1st instant, that the Committee on Claims be discharged
from the further consideration of the petition of J. Rodgers and
twenty -seven others; and

On motion bv Mr. Watson,

Ordered., That the further consideration thereof be postponed until
Tuesday next.

On motion b}" Mr. W^atson,

The Senate resumed the consideration of the resolution of the House
of Representatives, providing for a joint committee of the two Houses
respecting the exemption of State officers from military service; and

On motion by Mr. Semmes,

OrdiVrd^ That it be referred to the Committee on Militar}^ Affairs.

On motion by Mr. Burnett,

The Senate adjourned.



MONDAY, December 5, 1864.

OPEN SESSION.

The Hon. Alexander H. Stephens, Vice-President of the Confederate
States and President of the Senate, resumed the chair.

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

Resolved, That the Secretary prepare and cause to be printed a directory of the
members and officers of the Senate.

Mr. (irahani sidiniitted the following resolutions; whicli were sev-
erall}' considered and agreed to:

Revived, That the Committee on MiUtary Affairs be instructed to inquire whether
.the daily ration issued to the men of the Army is sufficient; and, if not, whether any
legishition is necessary in regard thereto.

Reaolved, That the Committee on Finance be instructed to inquire into the expedi-
ency of remitting the penalties incurred by the nondelivery of tithes of bacon due on,
or prior to, the first of March, eighteen hundred and sixty-four, upon payment of
the tithe actually due.

^Ir. Barnwell (by leave) introduced

A bill (S. 127) to authorize the issue of duplicates of lost drafts;



Dec. 5, 1864.] SENATE. 313

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

Mr. Orr presented the petition of L. J. Messervy, praying indem-
nit}^ for a liouse, outbuildings, and other property destro3^ed by an
explosion of powder and shells while said house was used as a maga-
zine b}' the Confederate States; which was referred to the Committee
on Claims.

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

EesolvecJ, That the President of the Confederate States be respectfully requested to
inform the Senate whether any and what restrictions have been imposed upon the
exercise of the right of the Confederate States, or any of them, to export, on their
own account, any of the articles enumerated in the act entitled "An act to impose
regulations upon the foreign commerce of the Confederate States to provide for
the public defense," approved sixth February, eighteen hundred and sixty-four.
Also, whether the regulations made under the first -section of said act have caused
any diminution in the number of ves.sels engaged in foreign commerce. Also,
whether the said act of Congress, and the regulations made under its authority, have
been beneficial, or otherwise, in their effect on the success of our arms, and the sup-
ply of means necessary for the public defense. Also, whether experience has sug-
gested the necessity of the repeal of said act of sixth February, or any modifications
or amendments of its provisions.

Mr. Caper ton presented the memorial of adjutants of regiments of
Pickett's division, pra^^ng the passage of a law providing for the pro-
motion of adjutants in the Army; which was referred to the Commit-
tee on Military Affairs.

Mr. Sparrow, from the Committee on Military Affairs, reported

A bill (S. 128) to amend an act entitled "'An act for the establish-
ment and organization of the Army of the Confederate States of
America,^' approved March 6, 1861;

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 Secretar}^ request the concurrence of the House
of Representatives therein.

On motion by Mr. Baker,

Ordered, That the President appoint, temporarily, two additional
members on the Committee on Post-Oflices and Post-Roads; and

Mr. Caperton and Mr. Walker w^ere appointed.

A message from the House of Representatives, b}^ Mr. Dalton:

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

H..R. 224. An act to punish certain frauds on tlie Confederate Government, includ-
ing larceny and embezzlement of property of the (government; and

H. R. 241. An act to fix the salaries of district judges for a limited time.

The Speaker of the House of Representatives having signed an enrolled joint reso-
lution, 1 am directed to bring it to the Senate for the signature of their President.

The Senate resumed the consideration of the motion submitted by
Mr. Sparrow on the 2.5th of November, that the Committee on Mili-
tary Affairs be discharged from the further consideration of the reso-
lution submitted by Mr. Orr on the 15th of November, inquiring
whether the late order. No. 77, Adjutant and Inspector General's
Department, revoking the details of all men between 18 and 45,



314 JOURNAL OF THE [Dec. 5, 1864.

requires an}^ modification b}^ legislation to preserve the producing and
industrial interests of the country; and

On motion by Mr. Orr,

Ordered^ That the further consideration thereof be postponed until
Monday next.

The Senate proceeded to consider the resolutions in relation to the
seizure of the Confederate war steamer Florida by the United States
steam sloop Wachusett, in the Bay of Bahia, Brazil; and

On motion by Mr. Orr,

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the joint resolution (S. 18) authorizing the appointment of a
commissioner to Brazil; and

On motion by Mr. Orr, .

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

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill fS. VM) to authorize the President to furnish sup-
plies to Confederate citizens held as prisoners by the Government of
the United States; and

On motion l)y Mr. Barnwell,

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

The Senate resumed, as in Committee of the Whole, the consider-
ation of the bill (S. 92) to exempt the cargoes of vessels owned by the
States of the Confederacy from existing restrictions upon exports and
imports; and

On motion by Mr. Graham,

Ordired, That the further consideration thereof be postponed until
W^ednesday next.

The bills (H. U. 224, H. R. 241) received this day from the House
of Representatives for concurrence were severally read the first and
second times and referred to the Conunittee on the Judiciary.

Mr. Maxwell, from the committee, reported that they had examined
and found truly enroHed

A joint resohition (H. R. 11>) of thanks to Gen. N. B. Forrest and
the officers and men of his connnand.

The President having signed the enrolled joint resolution last reported
to have been examined, it was delivered to the Secretary of the Senate
and b}^ him forthwith presented to the President of the Confederate
States for his approval.

Mr. Jirown presented the memorial of W. H. Chase, praying an
increase of the pa}' and allowance of assistant pavmasters of the Navy,
or the promotion of all such officers who have held their appointment
for one year, to full paymasters; which was referred to the Committee
on Naval Att'airs.

On motion by Mr. Sparrow,

The Senate re.solved into executive session.

The doors having been opened,

On motion b}' Mr. Orr,

The Senate adjourned.



Dec. 6, 1864.] SENATE. 315

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Militar}^ Affairs, to whom
were referred (on the 30th ultimo) the nominations of Peter Sn3^der
and S. J. C. Dunlop, to he colonels; E. B. Withers, Timoleon Smith,
R. S. Ta3dor, and J. W. Bowles, to be lieutenant-colonels; \V, W.
McDaniel, John S. Norris, R. J. Betsill, J. B. McPhail, P. T. Allin,
T. E. Jamison, Niles Nesbitt, J. K. Moore, Rhoads Fisher, James B.
Moore, and S, N. Stowe, to be majors; D. M. Du Bose, to be brig-adier-
g-eneral, with temporar}^ rank (under act approved May 31, 1864),
and R. B. Boylston, to be member of military court, with rank of
colonel of cavaliy, reported, with the recommendation that all of said
nominations be 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.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 30th ultimo) the nominations of William Redd, jr.,
L. M. Blackford, John Manly, R. G. Mitchell, and W. B. McNemar,
to be adjutants, with the rank of first lieutenant, reported, with the
recommendation that all of said nominations be confirmed.

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

ResoJvid, That the Senate advise and consent to their appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 1st instant) the nominations of Henry M. Smith,
to be captain; Benjamin F, Woff'ord and J. F. Johnston, to be second
lieutenants (for distinguished valor and skill), reported, with the
recommendation that said nominations be contirmed.

The Senate proceec^d to consider said report; and in concurrence
therewith, it was

Resolved^ That the Senate advise and consent to their appointment,
ag-reeably to the nomination of the President.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

TUESDAY, December 6, 1864.

OPEN SESSION.

Mr. Hill submitted the following motion for consideration:
Ordered^ That the vote by which the Senate rejected the bill (H. R.

189) to amend the laws in relation to the receipt of counterfeit Treas-
ury notes by public officers be reconsidered.

Mr. Sparrow, from the Committee on Military Affairs, reported
A bill (S. 129) to provide for the employment of free negroes and

slaves to work upon fortifications and perform other labor connected

with the defenses of the country";

which was read the first and second times and ordered to be placed

upon the Calendar and printed.

Mr. Henry, from the Committee on Military Affairs, to whom was

referred the resolution of the House of Representatives providing for



316 JOURNAL OF THE [Dec. 6, 1864.

a joint committee of the two Houses respecting the exemption of State
officers from militar}^ service, reported

A joint resohition (8. 19) respecting the exemption of State officers;
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 resokition was read the third time.

On the question,

Shall the resolution now pass?

It was determined in the negative.

So it was

Resolred, That this resolution do not pass.

The Senate resumed, as in Conunittee of the Whole, the considera-
tion of the bill (S. lot) to provide supplies for the Army, and to pre-
scribe the mode of making impressments.

On the (|U('stion to agree to the following reported amendment, viz:
After ''ordinary,'' section 2, lino 2, insert "agricultural,"

It was determined in the affirmative.

On the question to agree to the following reported amendment, viz:
After "impressments," section 7, line 1, insert ''of horses, mules,
subsistence, and forage for the Army,"

On motion by Mr. Brown, to amend the amendment b}' inserting
after "nuiles" the words ""wagons, harness,"

It was determined in the negative.

The ameiidment was then agreed to.

On motion by Mr. Sparrow, to amend the bill b}' striking out the
seventh section.

After debate.

On motion b}- Mr. Orr,

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

On motion by Mr. Brown,

The Senate resolved into executive session.

The doors having been opened,

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

Richmond, Va., December 6, 1864-
To the Senate and House of Representatives:

I herewith transmit for your information a communioation from the Secretary of
War, covering copies of several additional reports of military operations.

JEFFEKSON DAVIS.

The message was read.
• Ordered, That it be referred to the Committee on Military Affairs.
On motion l)v Mr. Henry,

Ordrred, That the Hon. Laiulon C. Haynos have leave of ab.-;ence
from the sessions of the Senate until Wednesday, the 21st instant.
On motion b}' Mr. Graham,
The Senate adjourned.



Dec. 6, 1864.] SENATE. 317

SECRET SESSION.

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

Richmond, Va., December 6, 1864-
To the Senate of the Confederate States:

In response to your resolution of the 14th uUimo, adopted in secret session, I here-
with transmit a communication from the Secretary of AVar, which conveys the
information desired relative to the rations furnished to prisoners of war.

JEFFERSON DAVIS.

The message was read.

Ordered^ That it l)e referred to the Committee on Military Affairs.

On motion hy Mr. Sparrow,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

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

CONFEDER.\TE STATES OF AMERICA, P]XECrTIVL DEPARTMENT,

Richmond, December 3, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accomiianying list to the grades opposite their names, respectively.

JEFFERSON DAVIS.

No. 41.] Confederate States of America, War Department,

Richmond, December 2, 1864-
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Chaiplams.

T. D. Erwin, of South Carolina, for duty at General Hospital No. 3, Goldsboro,
N. C, to rank from November 7, 1864.

J. M. Lanck, of Virginia, for duty with Forty-sixth Virginia Battalion Cavalry (an
original vacancy), to rank from June 14, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.
Confederate States of America, Executive Department,

Richmond, December S, 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 grades affixed to their names, respectively.

JEFFERSON DAVIS.

No. 40.] Confederate States of America, War Department,

Richmond, December 2, 1864.
Sir: I have the honor to recommend the following nomina*^^ions for appointment
in the Provisional Army of the Confederate States of America:

A djidants — first lieutenants.

O. E. Finlay, of Mississippi, to be adjutant Eighteenth Mississippi Regiment, vice
Lieutenant Goodloe, retired, to rank from September 22, 1864.

O. K. Walker, of Georgia, to be adjutant Thirteenth Georgia Regiment, vice
Lieutenant Heard, deceased, to rank from November 8, 1864.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To Hia Excellency Jefferson Davis,

President, etc.



318 JOURNAL OF THE [Dec. 6, 1864.

CONFEDERATK STATES OF AMERICA, EXECUTIVE DEPARTMENT,

Hichmond, December 3, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate William II.
Jamison, to' be second lieutenant, Fifteenth South Carolina Battalion Artillery, in the
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 39.] Confederate States op America, War Department,

Richmond, December 2, 1S64.
Sir: I have the honor to recommend the nomination of William H. Jamison, of
South Carolina, to be second lieutenant, Fifteenth South Carolina Battalion Artil-
lery, in the Provisional Army of the Confederate States of America, vice Lieutenant
Lucas, resigned, to rank from November 28, 1864.

I am, sir, respectfuUv, your obedient servant,

JAMES A. SEDDON, ^

Secretan-y of War.
To His Excellency Jefferson Davis,

President, etc.

Confederate States of America, Execctive Department,

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

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

JEFFERSON DAVIS.

No. 38.] Confeder.vte States of America, War Department,

Richmcmd, December 2, 1864-
Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Colonel.

Lieut. Col. R. S. Chew, of Virginia, to be colonel Thirtieth Virginia Regiment,
vice Colonel Harrison, retired, to rank from November 5, 1864.

Lieutenani-colonds.

Maj. J. M. Gonldin, of Virginia, to be lieutenant-colonel Thirtieth Virginia Regi-
ment, vice Lieutenant-Colonel Chew, promoted, to rank from November 5, 1864.

Maj. S. W. Harris, of Georgia, to be lieiltenant-colducl Sixth ( Jeorgia Regiment,
vice Lieutenant-Colonel Arnold, deceased, to rank from July 7, 1864.

Maj. A. F. Boggess, of Tennessee, to l)e lieutenant-colonel Twenty-sixth Tennessee
Regiment, vice Lieutenant-Colonel Saffell, promoted, to rank from October 26, 1863.

Maj. F. S. Lewie, of South Carolina, to be lieutenant-colonel Fifteenth South Caro-
lina Regiment, vice Lieutenant-Colonel Gist, resigned, to rank from January 5, 1864.

Majors.

Capt. R. O. Peatross, of Virginia, to be major Tliirtieth Virginia Regiment, vice
Major Gouldin, promoted, to rank from November 5, 1864.

Capt. C. P. Partin, of INlississippi, to Ite major Thirty-sixth Mississippi Regiment,
vice Major Yates, deceased, to rank from Mav 22, 18t>3.

Capt. W. H. Milton, of Florida, to be major Fifth Floriila Battalion, vice Major
Scott, promoted, to rank from July 20, 1864.

Capt. J. M. Culpepper, of (ieorgia, to be major Sixth (ieorgia Regiment, vice Major
Harris, promoted, to rank from July 7, 1864.

Capt. J. W. Swinney, of Mississippi, to be major Thirty-second Mississippi Regi-
ment, vice Major Karr, deceased, to rank from September 27, 1863.
I am, sir, respectfullv, your obedient servant,

JAMES A. SEDDON,

iSecretary of War.
To His Excellency Jefferson Davis,

President, etc.



Dec. 6, 1864.] SENATE. - 319

Confederate States of America, Executive Department,

Richmond, December 3, 1864-
To the Senate of tlie Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
(for promotion) on the accompanying list to the rank affixed to their names, respec-
tively.

JEFFERSON DAVIS.



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