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

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No. 36.] Confederate States of America, War Department,

Richmond, December 1, 1864.
Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

artillery officers, for ordnance duty, under acts approved APRIL 21, 1862,
SEPTEMBER 16, 1862, AND JUNE 10, 1864.

First Lieut. S. Schooler, of Virginia, to be captain (an original vacancy), to rank
from November 12, 1862.

First Lieut. Jas. Pleasants, of Virginia, to be captain (an original vacancy), to rank
from November 12, 1862.

First Lieut. George Duffey, of Virginia, to be captain (an original vacancy), to rank
from December 23, 1862.

I am, sir, respectfully, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

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

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

Agreeably to the recommendation of the Secretary of War, I nominate Col. J. B.
Palmer, of Tennessee, to be brigadier-general, with temporary rank (under act approved
May 31, ISe-l), in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 37.] Confederate States of America, War Department,

Richmond, December 1, 1864-
Sir: I have the honor to recommend the nomination of Col. J. B. Palmer, of Ten-
nessee, to be brigadier-general, with temporary rank (underact approved May 31,
1864), in the Provisional Army of the Confederate States of America (to command a
brigade, Army of Tennessee) vice Brigadier-General Brown, promoted to temporary
rank major-general, to date from November 15, 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 3, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen.
M. C. Butler, of South Carolina, to be major-general in the Provisional Army of the
Confederate States of America, to command Hamilton's division. Army of Northern
Virginia.

JEFFERSON DAVIS.

No. 42.] Confederate States of America, War Department,

Richmond, December 3, 1864-
Sir: I have the honor to recommend the nomination of Brig. Gen. M. C. Butler,
of South Carolina, to be major-general in the Provisional Army of the Confederate
States of America, to command Hampton's division, Army of Northern Virginia, to
rank from September 19, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.



320 JOURNAL OF THE [Dec. 6, 1864.

Confederate States of America, Executive Department,

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

Agreeably to the recommendation of the Secretary of War, I nominate Lieut.
Robert A. Stiles, to l)e major of artillery (under act approved January 22, 1862) in
the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 44.] Confederate States of America, War Department,

Richmond, December 3, 1864-
Sir: I have the honor to recommend the nomination of Lieut. Robert A. Stiles, of
Georgia, to be major of artillery (under act approved January 22, 1862) in the Pro-
visional Army of the Confederate States of America, for dutj^ at Chafhn's Bluff,
Department of Richmond, to rank from November 20, 1864.
I am, sir, respectfullv, your obedient servant,

.JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

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

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

Agreeably to the recommendation of the Secretary of War, I nominate L. Q. C.
Lamar, of Mississippi, to be meml)er military court, with rank of colonel of cavalry
in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 48.] Confederate States of America, War Department,

Richmond, December 3, 1864-
Sir: I have the honor to recommend the nomination of L. Q. C. Lamar, of Missi.-j-
sippi, to be member of military court (Third Corps, Army of Northern Virginia),
with rank of colonel of cavalry in the Provisional Army of the Confederate States of
America, vice Colonel (Tlenn, resigned, to date from December 8, 1864.
I am, sir, respectfullv, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

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

Richmond, December 6, 1864.
To the Senate of the Confederate Staies:

Agreeably to the recommendation of the Secretary of War, I nominate George L.
Buist, of South Carolina, to be major of artillery (under act approved January 22,
1862) in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 47.] Confederate States of America, War Department,

Richmond, December 5, 1864-
Sir: I have the honor to recommend the nomination of ({eorge L. Buist, of South
Carolina, to be major of artillery (un<ler act ai>proved January 22, 1862) in the Pro-
visional Army of the C'onfederate States of America, to command battalion of siege
artillerv. Department of South Carolina, Georgia, and Florida, to rank from Novem-
ber 29," 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 6, 1864.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Maj. A. W.
Stark, of Virginia, to be promoted to lieutenant-colonel of artillery (under act
approved January 22, 1862) in the Provisional Army of the Confederate States of
America.

JEFFERSON DAVIS.



J



Dec. 7, 1864.] SENATE. 321

No. 48.] Confederate States of America, War Department,

Richmond, December 5, 1864.

Sir: I have the honor to recommend the nomination of Maj. A. W. Stark, of
Virginia, to be promoted to lieutenant-colonel of artillery (under act approved Jan-
uary 22, 1862) in the Provisional Army of the Confederate States of America, for
duty in the Department c>f Richmond, to rank from November 26, 1864.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.

To His Excellency Jefferson Davis,

President, etc.

The messages were read.

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

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 30th ultimo) the nominations of St. Clair Bear-
ing, to be second lieutenant. Corps of Cavalry, in the Army of the Con-
federate States; George Y. Scott, R. T. Lancaster, and R. M.
Newman, to be aids-de-camp, with rank of first lieutenant in the
Provisional Army of the Confederate States, reported, with the recom-
mendation that ail 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 1st instant) the nominations of W. G. Burt and
W. S. Devane, to be colonels; W. H. Weems, E. Mallett, John D.
Lilley and Sanmel L. Bishop, to be lieutenant-colonels; C. S. Jenkins
and R. Agar, to be majors in the Provisional Army of the Confederate
States of America, 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.

On motion by Mr. Sparrow,

The Senate resolved into secret legislative session.

WEDNESDAY, December 7, 1864.

OPEN SESSION.

On motion bv Mr. Garland,

Ordered, That the leave of absence granted to the Hon. Robert W.
Johnson, on the loth of November, be extended to Saturday, the 7th
day of January next.

Mr. Baker (by leave) introduced

A bill (S. 130) to authorize newspapers to be mailed to soldiers free
of postage;

which was read the first and second times and referred to the Com-
mittee on Post-Offices and Post-Roads.

Mr. Semmes presented the memorial of Theophilus Nash, of Louisi-
ana, praying to be allowed to fund, in four per cent bonds, certain
Treasury notes of the old issue held by him while a prisoner; which
was referred to the Committee on Finance,
c J— VOL 4—04 21



322 JOURNAL OF THE [Dec. 7, 1864.

Mr. Barnwell, from the Committee on Finance, to whom was
referred the bill (S. 127) to authorize the issue of duplicates of lost
drafts, reported it with amendments.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and the reported amendments having been
agreed to, the bill was reported to the Senate and the amendments
were concurred in.

Ordet'ed^ That the bill be engrossed and read a third time.

The said bill was J"ead the third time and the title was amended.

Resolved^ That it pass, and that the title thereof be "An act to
authorize the issue of duplicates of Treasurer's drafts lost or destroyed
after payment."

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

On motion by Mr. Sparrow,

Ordered^ That the Committee on Military Affairs be discharged
from the further consideiation of the resolution submitted by Mr.
Henry on the 9th of November, declaring

That it is a sound policy on the part of the Government of the Confederate 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 years, or during the war, to be employed
in all positions in the Army, except as soldiers in the field, upon paying the owners
thereof a just compensation ; and that it has the constitutional power to do so.

Mr. Brown, from the Connnittce on Naval Affairs, reported

A bill (S. 131) to regulate the pay of lieutenants in the Navy com-
manding batteries on shore;

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 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.

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

On motion by Mr, Brown,

Ordered, That the Committee on Naval Affairs be discharged from
the further consideration of the resolution submitted by Mr. Maxwell
on the 24:th of November, inquiring into the cxpediencj" of allowing
rations to warrant officers of the Nav}^ serving on shore.

Mr. Hill, from the Connnittee on the Judiciary, to whom was
referred the bill (H. R. 190) concerning the emoluments and pa}' of
the clerk of the district court of the Confederate States of America
for the eastern district of Virginia, reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and the reported amendment having been
agreed to, the bill was reported to the Senate and the amendment was
concurred in.

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

The said bill as amended was read the third time.

Resolved, That it pass with an amendment.

Ordered, That the Secretary request the concuirence of the House
of Representatives in the amendment.

Mr. Hill, from the Committee on the Judiciary , to whom was referred



Dec. 7, istu.] SENATE. 328

the bill (H. R. 238) to increase the .salary of the judge of the district
court for the eastern district of Virginia for a lioaited time, reported
it without amendment.

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

On motion by Mr. Garland, to amend the bill by striking out all
after the enacting clause and inserting-:

That so much of section two of the act of March sixteenth, eighteen hundred and
sixty-one, entitled "An act to establish the judicial courts of the Confederate States
of America," as allows the same compensation to the judges of the district courts of
the Confederate States that is given to the judges of the highest courts of law and
equity in the respective States be, and the same is hereby, repealed; and in lieu of
that compensation the judges of such district courts shall receive the annual pay of
six thousand dollars, to be paid quarterly: Frmided, That this act shall only be in
force for one year from its passage.

It was determined in the negative.

No further amendment being proposed, the bill was reported to the

Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

On the question.

Shall the bill now pass ?

i Yeas - 15

It was determined in the affirmative, ^ >j„yo 4

On motion by Mr. Garland,

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

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Burnett, Caperton, Graham, Henry, Hill,
Hunter, Maxwell, Orr, Semmes, Simms, Sparrow, Walker, and
Watson.

Those who voted in the negative are,

Messrs. Brown, Garland, Johnson of Georgia, and Johnson of
Missouri.

So it was

Resolved, That this bill pass.

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

Mr. Hill, from the Committee on the Judiciary, to whom was
referred the bill (H. R. 241) to fix the salaries of district judges for a
limited time, reported it without amendment.

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

On motion by Mr. Garland, to amend the bill by striking out " five,"
line 5, and inserting ""seven,"

It was determined in the negative.

No further amendment being proposed, the bill was reported to the
Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

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



324 JOURNAL OF THE [Dec. 7, 1864.

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

Richmond, Va., December 7, 1864.
To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of
War, covering an estimate "of funds needed to meet a deficiency in the appropria-
tion to pay the officers and employees" of the War Department.

JEFFERSON DAVIS.

The message was read.

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

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

Richmond, Va., December 7, 1864-
To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of
War, covering an estimate "of funds required to meet our treaty obligations to the
Indian nations for the period ending June 30, 1865."

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Conmiittee on Indian Affairs.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 107) to provide supplies for the Army, and to pre-
scribe the mode of making impressments.

The question being on agreeing to the motion submitted b}^ Mr.
Sparrow on yesterday, to strike out the seventh section of the bill,
Mr. Sparrow, by unanimous consent, modified the same so as to include
the fifth, sixth, eighth, and ninth sections; and

After debate.

On motion by Mr. Barnwell,

The Senate resolved into executive session

The doors having been opened,

On motion by All. Sparrow,

The Senate adjourned.

EXECUTIVE SESSION.

The following messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretar}-

Executive Department, Confederate States ok America,

Richmond, December 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 (for promotion) lo the grades affixed to their names,
respectively.

JEFFERSON DAVIS.

No. 50.] War Depart.ment, Confederate States of America,

Richmond, December 6, 1864-
Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Colonels.

Lieut. Col. James D. Waddell, of Georgia, to l)e colonel Twentieth Georgia Regi-
ment, vice Colonel Jones, killed, to rank from July 2, 1863.

Lieut. Col. R. A. Wayne, of Georgia, to l)e colonel First Georgia Regiment,
(enlisted men), vice Colonel Magill, retired, to rank from September 3, 1864.



Dec. 7, 1864.] SENATE. 325

Lieutenari t-coloneh.

Maj. R. A. Wayne, of Georgia, to be lieutenant-colonel First Georgia Regiment,
(enlisted men), vice Lieutenant-Colonel Martin dropped, to rank from September 3,
1864.

Maj. M. Grieve, of Georgia, to be lieutenant-colonel First Georgia Regiment,
(enlisted men), vice Lieutenant-Colonel Wayne, promoted, to rank from Septem-
ber 3, 1864.

Maj. E. M. Seago, of Georgia, to be lieutenant-colonel Twentieth Georgia flegi-
ment, vice Lieutenant-Colonel Waddell, promoted, to rank from July 2, 1863.

Maj. R. B. Hogan, of Georgia, to be lieutenant-colonel Nineteenth Georgia Regi-
ment, vice Lieutenant-Colonel Mabry, resigned, to rank from September 21, 1864.

Maj. J. J. A. Sharp, of Georgia, to be lieutenant-colonel Twenty-third Georgia
Regiment, vice Lieutenant-Colonel Ballenger, promoted, to rank from August 31, 1864.

Majors.

Capt. William Craig, of Georgia, to be major Twentieth Georgia. Regiment, vice
Major Seago, promoted, to rank from July 2, 1863.

Capt. W. J. Boston, of Georgia, to l>e major Twenty-third Georgia Regiment, vice
Major Sharp, promoted, to rank from August 13, 1864.

Capt. M. Grieve, of Georgia, to be major First Georgia Regiment (enlisted men),
vice Major Wayne, promoted, to rank from September 3, 1864.

Capt. A. A. F. Hill, of Georgia, to be major First (jeorgia Regiment (enlisted
men), vice Major Grieve, promoted, to rank from September 3, 1864.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

E.XECUTivE Department, Confederate States op America,

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

Agreeably to the recommendation of the Secretary of War, I nominate R. M. Du
Bose, of South Carolina, to be second lieutenant. First South Carolina Regiment
Artillery, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 51.] War Department, Confederate States of America,

Richmond, December 6, 1864-
Sir: I have the honor to recommend the nomination of R. M. Du Bose, of South
Carolina, to be second lieutenant, First South Carolina Regiment Artillery, in the
Provisional Army of the Confederate States of America, vice Lieutenant Colcock,
promoted, to rank from November 28, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were read.

Ordered^ That they be referred to the Committee on Military Affairs.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 6th instant) the nominations of M. C. Butler, to
be major-general; J. B. Palmer, to be brigadier-general, with tempo-
rary rank (under act approved May 31, 186i); T. D. Erwin and J. M.
Lauck, to be chaplains; O. E. Finlay and O. K. Walker, to be adju-
tants, with rank of tirst lieutenants; William H. Jamison, to be second
lieutenant. Fifteenth South Carolina Battalion Artilleiy , and L. Q. C.
Lamar, to be member of military court, with rank of colonel of cav-
alry in the Provisional Army of the Confederate States of America,
reported, with the recommendation that all of said nominations be
contirmed.



326 JOURNAL OF THE [Dec. 8,1864.

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 by Mr. Sparrow,

The Senate resolved into open legislative session.



THURSDAY, December 8, 1864.

OPEN SESSION.

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

Resolved, That the privilege of the floor of the Senate be extended to General
Joseph E. Johnston (hiring his sojourn in the city.

Mr. Orr submitted the following resolution for consideration:

Resolved {the House of Representatives concurring), That the President of the Senate
and the Speaker of the House of Representatives, on adjourning their respective
Houses on Tuesdaj', the twentieth instant, do adjourn them to meet again on Monday,
the tenth [ninth] of January next.

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

Mr. President: The House of Representatives have passed a bill (H. R. 261) to
amend an act of the Provisional Congress entitled "An act relating to the prepayment
of postage in certain cases," approved July 29, 1861; in which they request the con-
currence of the Senate.

The President of the Confederate States has notified the House of Representatives
that on the 6th instant he approved and signed a joint resolution (H. R. 19) of
thanks to (ien. N. B. Forrest and the officers and men of his command.

The Speaker of the House of Representatives having signed two enrolled bills, I
am directed to bring them to the Senate for the signature of their President.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 106) to repeal in part an act to regulate the
destruction of propert\" under military necessity, and to provide for
the indemnity thereof, approved March 17, 1862, reported it with an
amendment.

Ordered^ That the bill and amendment be printed.

Mr. Sparrow, from the Connnittce on Military Affairs, to whom was
referred the bill (S. 109) to amend an act entitled "An act to increase
the efficiency of the Army by the employment of free negroes and
slaves in certain capacities,"' approved February 17, 1864, reported it
with the recomnuMulation that it ought not to pass.

Mr. Semmes, from the Coumiittee on the Judiciary, to whom was
referred the bill (H. R. 224) to punish certain frauds on the Confed-
erate Government, including larceny and embezzlement of propert}'^ of
the Government, reported it without amendment.

Ordered, That it be printed.

Mr. Semmes, f roin the Conmiittee on the Judiciary, to whom was
referred the bill (H. R. 214) to define and punish conspiracy against
the Confederate States, reported it with an amendment.

Ordered^ That the bill and amendment be printed.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 107) to provide supplies for the Army, and to pre-
scribe the mode of making impressments.



]



Dec. 8. 1864.] SENATE. 321

The question being- on agreeing- to the motion submitted by Mr.
Sparrow on the Tth instant, as moditicd, to strike out the tifth, sixth,
seventh, eighth, and ninth sections of the bill,

After debate.

On motion by Mr. Watson,

Ordered^ That the bill be recommitted to the Committee on the
Judiciary.

Mr. Caperton, from the committee, reported that they had exam-
ined and found truly enrolled bills of the following titles:

H. R. 238. An act to increase the salary of the judge of the district
court for the eastern district of Virginia for a limited time; and

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

The President having signed the enrolled bills last reported to have
been examined, they were delivered to the Secretary of the Senate
and by him forthwith presented to the President of the Confederate
States for his approval.

The Senate resumed the consideration of 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

The resolutions having l)een amended, were agreed to as follows:

Resolved by the Senate of tJie Confederate States of America, That the seizure of the
CoMl'ederate war steamer Florida by the United States steam sloop Wachusett, in the
Bay of Bahia, on the seventh of October \mt, was a flagrant outrage upon the terri-



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