Confederate States of America. Congress.

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

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torial sovereignty of Brazil, violative of the rights of this Government in neutral
waters, in disregard of the law of nations, and, therefore, a wrong done to every civ-
ilized maritime power.

Resolved, That it was the duty of Brazil, under the law of nations, to protect the
property of the Confederate States whilst within its territory against the hostile acts
of every power; and having failed to give such protection, that that Government is
bound to enforce the restitution, in statu quo, of the steamer Florida, her officers
and crew, by the authorities of the United States to the authorities of the Confeder-
ate States, in the Bay of Bahia, where it was unlawfully captured.

Resolved, That the President of the Confederate States be requested to have com-
municated to all our commissioners abroad a full statement of the illegal seizure and
capture of the Florida, together with the opinions of this Government on the out-
rage; and that said commissioners be instructed to bring the same to the attention
of the Governments of I^urope in which they respectively reside.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the joint resolution (S. IS) authorizing the appointment of a
commissioner to Brazil; and no amendment being proposed, it was
reported to the Senate.

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

The said resolution was read the third time.

JSesolved, 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. Henry submitted the following motion for consideration:

Ordered, That the vote by which the Senate refused to pass the
joint resolution (S. 19) respecting the exemption of State officers be
reconsidered.

The bill (H. R. 261) received this day from the House of Repre-
sentatives for concurrence was read the first and second times and
r(iferred to the Connnittee on Post-Offices and Post-Roads.

On motion by Mr. Brown,

The Senate resolved into executive session.



328 JOURNAL OF THE [Dec. 8, 186-1.

The doors having been opened,
On motion by Mr. Hill,
The Senate adjourned.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
wa.s referred (on the 10th ultimo) the nomination of T. Jeff. Peyton,
to be captain in the Adjutant-General's Department, reported, with the
recommendation that said nomination be confirmed.

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

Resolved^ That the Senate advise and consent to his appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 21st ultimo) the nominations of A. Young, to be
colonel; H. W. Barclay, to be lieutenant-colonel, and Madison Bell,
to be major of cavalry; P. L. Henry and Ion Simons, to be second
lieutenants; A. P. Mason, to be lieutenant-celonel in the Adjutant-
General's Department, reported, with the recommendation that all of
said nominations be confirmed.

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

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

Mr. Sparrow, from the Conmiittee on Military Affairs, to whom
were referred (on the 6th instant) the nominations of R. S. Chew, to
be colonel; J. M. Gouldin, S. W. Harris, A. F. Boggess, and F. S.
Lewie, to be lieutenant-colonels; R. O. Peatross, C. P. Partin, W. H.
Milton, J. M. Culpepper, and ,1. \V. Swinney, to be majors of infantry;
George L. Buist, to be major of artillery (under act approved Janu-
ary 22, 1862); S. Schooler, James Pleasants, and George Duffey, to be
captains of artillery, for ordnance duty (under acts approved April 21
and September 16, ls62, and June 10, 1864), reported, with the recom-
mendation that all of said nominations be conlirmed.

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 Connnittee on Military Affairs, to whom
were referred (on the 7th instant) the nominations of James D. Waddell
and R. A. Wayne, to be colonels; R. A. Wayne, M. Grieve, E. M.
Seago, R. B. Hogan, and J. J. A. Sharp, to be lieutenant- colonels;
William Craig, W. J. Boston, M. Grieve, and A. A. F. Hill, to be
majors of infantry, and R. M. Du Bose, to be second lieutenant. First
South Carolina Regiment Artillery, reported, with the recommenda-
tion that all of said nominations be confirmed.

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

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

Mr. Sparrow, from the C'ommittee on Military Affairs, to whom was
referred (on the 18th ultimo) the nomination of P. B. Starke, to be
brigadier-general, reported, with the recommendation that said nomi-
nation be coutirmed.



Dec. 9, 1864] SENATE. 329

The Senate proceeded to consider said report; and
On motion by Mr. Sparrow,

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

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

FRIDAY, December 9, 1864.

OPEN SESSION.

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

Mr. PreiskleM: The House of Representatives have agreed to the amendment of the
Senate to the])ill (H. R. 190) concerning the emoluments and pay of the clerk of the
district court of the Confederate States of America for the eastern district of Virginia.

Mr. Walker (by leave) introduced

A bill (S. 132) to regulate the supplies of clothing to midshipmen of
the Nav}^;

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

On motion by Mr. Hunter,

Ordered., That the petition of Lewis Porter be taken from the files
of the Senate and referred to the Committee on Claims.

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

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of amending the law in regard to the authentication of powers of attorney
given by officers and soldiers for the collection of claims against the Government of
the Confederate States.

On motion by Mr. Barnwell,

Ordered., That the Committee on Finance be discharged from the
further consideration of the memorial of Theophilus Nash.

Mr. Baker, from the Committee on Post-Offices and Post- Roads, to
whom was referred the bill (S. 122) regulating the compensation of
postmasters, special agents, and route agents, reported it without
amendment.

Ordered., That it be printed.

The Senate resumed the consideration of the motion submitted by
Mr. Burnett on the 1st instant, that the Committee on Claims be dis-
charged from the further consideration of the petition of J. Rodgers
and twenty-seven others; and

The motion was agreed to.

So it was

Ordcrrd., That the Conmiittee on Claims be discharged from the
further consideration of the petition of J. Rodgers and twenty-seven
others.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill {S. 126) to authorize the President to furnish supplies
to Confederate citizens held as prisoners by the Government of the
United States; and

On motion by Mr. Johnson of Missouri, that the further considera-
tion thereof be postponed until to-morrow,



330 JOURNAL OF THE [Dec 9, 1864.

It was determined in the negative.

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

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

The said bill was read the third time.

On the question,

Shall the bill now pass?

It was determined in the negative, ) ]>j^ ,'', n

The vote having been taken by yeas and nays, conformably to the
ninth clause of the ninth section of the first article of the Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Garland, Henry, Hill,
Maxwell, Semmes, Sparrow, Walker, and Watson.

Those who voted in the negative are,

Messrs. Barnwell, Graham, Hunter, Johnson of Georgia, Johnson of
Missouri, Orr, and Simms.

So it was

Resolved^ That this bill do not pass, two-thirds of the Senate not
voting therefor.

Mr. Orr submitted the following motion for consideration:

Ordered^ That the vote by which the Senate refused to pass the bill
(S. 126) to authorize the President to furnish supplies to Confederate
citizens held as prisoners 1)}^ the Government of the United States be
reconsidered.

The Senate proceeded to consider the motion submitted b}" Mr.
Henr\" on yesterday, to reconsider the vote by which the Senate refused
to pass the joint resolution (S. 19) respecting the exemption of State
officers; and

The motion was agreed to.

The Senate resumed the consideration of the said resolution; and

On the question.

Shall the resolution now pass?

It was determined in the affirmative.

So it was

Remlvcd^ That this resolution 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 con-
sideration of the 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; and

On motion by Mr. Sparrow,

Ordered^ That the further consideration thereof be postponed to
and made the special order for Monday next, at half past 12 o'clock.

jSIr. Hunter (by leave) introduced

A bill (S. 138) to regulate the impressment of slaves in the State of
Virginia;

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

Ordered^ That the bill be printed.

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



Dec. 12, 1864.] SENATE,



331



the efficiency of the Army by the employment of free negroes and
slaves in certain capacities," approved February 17, 1864; and

On motion by Mr. Sparrow,

Ordered^ That the further consideration thereof be postponed indefi-
nitely.

On motion by Mr. Sparrow,

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

On motion by Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having- been opened.

On motion by Mr. Barnwell,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed a bill (H. R. 267) to sus-
pend the privilege of the writ of habeas corpus in certain cases for a limited time;
in which they request the concurrence of the Senate.

The bill (H. R. 267) received this day from the House of Represent-
atives for concurrence was read the first and second times and referred
to the Committee on the fJudieiary.

Ordered, That it be printed.

On motion by Mr. Barnwell,

The Senate resolved into open legislative session.

MONDAY, December 12, 1864.

OPEN SESSION.

Mr. Baker (bv leave) introduced

A bill (S. 134) to increase the maximum rates of compensation
allowed to railroad companies for the transportation of the mails of
the Confederate States;

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

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

Resolved, That the Committee on Finance be instructed to inquire into the expedi-
ency and propriety of making a more liberal exemption of the property of soldiers
from taxation; and whether property and effects necessary to the support of soldiers'
families ought not to be exempted entirely from taxation, and the deficiency thus
created in the revenue supplied by an increased tax on the property of those who
remain at home.

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

Resolved, That the Secretary of the Treasury be instructed to inform the Senate
what disposition has been made of the machinery, implements, and other appendages
of the mint and assay office at Charlotte, North Carolina; and whether, in his opinion,
the work of coining and assaying gold and silver may not be resumed thereat with-
out further delay.

Mr. Barnwell, from the Committee on Finance, who had been
instructed by a resolution of the Senate to inquire into the subject,
reported



832 JOURNAL OF THE [Dee. 12, 1864.

A bill (S. 135) to provide for the remission of the penalty for non-
delivery of tithes of bacon due in the year 1864;

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

Mr. Barnwell, from the Committee on Finance, reported

A bill (S. 136) to provide funds to meet a deficiency in the appro-
priation to pay the officers and emplo3'ees of the War Department;
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.

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. 266. An act to amend jiot^t route No. 16-i;t, in tlie State of Georgia;

H. R. 268. An a(;t for tlie relief of Sarah A. Heiskell, wife of the Hon. Joseph B.
Heinkell, a Representative from the State of Tennessee; and

H. R. 270. An a(;t to provide for the printing ordered by either House of Congress.

The Speaker of the House of Representatives having signed an enrolled bill, I am
directed to bring it to the Senate for the signature of their President.

On motion by Mr. Hill,

Ordered, That the Committee on the Judiciary be discharged from
the further consideration of the resolution submitted by Mr. Hill on
the 25th of Noveml)er, iiKjuiriug into the expediency of reporting a
bill increasing the salaries of the judges of the district courts of the
Confederate States.

Mr. Garland, from the Committee on Post-Offices and Post-Roads,
to whom was referred the bill (S. 130) to authorize newspapers to be
mailed to soldiers free of postage, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said hill; 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 th(^ title thereof be as aforesaid.

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

The bill (H. R. 27(>) to provide for the printing ordered b}' either
House of Congress received this day from the House of Representa-
tives for concurrence was read the first and second times and considered
as in Committee of the Whole; and no amendment being proposed,
it 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.

The residue of the bills received this day from iho House of Repre-
sentatives for concurrence were severally r(>ad the first and second
times; and



Dec. 12, 1864.] SENATE. 333

Ordered^ That the bill numbered ^(36 be referred to the Committee
on Post-Offices and Post-Roads, and that the bill numbered 268 be
referred to the Committee on the Judiciary.

The Senate resumed the consideration of the motion submitted by
Mr. Sparrow on the 25th of ISoveml^er, that the Committee on
Military Affairs be discharged from the further consideration of the
resolution submitted b}' 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,
requires any modification b_y leg-jslation to preserve the producing and
industrial interests of the country; and

The motion was agreed to.

So it was

Ordered^ That the Committee on Military Affairs be discharged
from the further consideration of the said resolution.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 129) to provide for the employment of free negroes
and slaves to work upon fortifications and perform other labor con-
nected with the defenses of the country.

On motion by Mr. Hunter, to amend the bill by inserting at the end
of the fourth section the following:

But when the slaves in any locality, or of any person or persons, have been or
shall be exempted by the laws or regulations of any State from impressment to labor
on the fortifications or other public works of the Confederate States, then the said
slaves shall not be impressed for any purpose whatever by the authorities of the
Confederate States: Provided, lioirerer, That nothing herein contained shall be so
construed as to exempt any State from furnishing its fair quota of slaves for the pur-
poses herein specified, and according to the provisions of this act,

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by inserting at the
end of the fourth section the following proviso:

Provided further, That in each case care be taken to allow each owner a credit for
all male slaves between the ages aforesaid heretofore impressed, or impressed under
this act, or hired to the Government, who are still in service, or who may have died
or been lost while in service,

It was determined in the affirmative.

On motion by Mr. Garland, to amend the bill by inserting after
" district," section 4, line 23, the following:

And in case the laws of the States provide for contributions of slaves to the public
service, the Secretary of War and the general commanding the Trans-Mississippi
Department shall conform to the rules prescribed in those laws, as far as practicable,
for the apportionment of the contribution among the owners of slaves; and if the
gov^ernors of the States will undertake to fulfill the requisition to l)e made upon any
State, the Secretary of War shall proceed to collect the quota by means of such requisi-
tion: Provided, hotcerer. That if from any cause the contribution be not supplied within
the term of thirty days from the date of the same, the Secretary of War may proceed
to collect the number unsupplied by impressments, to be made by such Confederate
officers or agents as he may appoint for that purpose, having reference in such
impressments to the principle of equality before specified, and to securing the indus-
trial pursuits of the community from embarrassment,

It was determined in the negative.

On motion by Mr. Graham, to amend the bill by inserting at the
end of the fourth section the following proviso:

Provided further. That all slaves impressed as hereinbefore provided shall be held
at labor and service as aforesaid for a term not more than twelve months at any one
time, except with the consent of the owner,



334 JOURNAL OF THE [Dec. 12, 1S64.

It was determined in the affirmative.

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 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.

The Senate proceeded to consider the resolution submitted by Mr.
Orr on the 8th instant, providing for an adjournment of the two
Houses of Congress from Tuesday, the 20th instant, to Monday, the
10th [9th] of January next; and the resolution having been amended
so as to read as follows, viz:

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 Saturday, the twenty-fourth instant, do adjourn them to meet again on
Tuesday, the twenty-seventh instant,

On the question to agree thereto,

It was determined in the negative.

So the resolution as amended was rejected.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 106) to repeal in part an act to regulate the
destruction of property, under military necessity', and to provide for
the indemnity tnereof, approved March 17, 1862; and

On motion by Mr. Walker,

Ordered, 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 bill (H. K. 221) to punish certain frauds on the Con-
federate Government, including larceny and embezzlement of property
of the Government; and no amendment being proposed, it 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.

Oi'dered, That the Secretary inform the House of Representatives
thereof.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. R. 211) to define and punish conspiracy
against the Confederate States; and

On motion by Mr. Graham,

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

On motion by Mr. Simms,

Ordered, That the Hon. H. C. Burnett have leave of absence from
the sessions of the Senate until Wednesday next.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened

On motion by Mr. Hill,

The Senate adjourned.



Dec. 12, 1864.] SENATE. 335

EXECUTIVE SESSION.

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

Confederate States of America, Executive Department,

Richmond, December 10, 1864-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the oflBcers
on the accompanying Hst (for promotion) to the grades affixed to their names,
respectively.

JEFFERSON DAVIS.
No. 55.] Confederate States of America, War Department,

Richmond, December 7, 1864.
Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Surgeons.

Asst. Surg. W. A. McPheeters, of Mississippi, to be surgeon, to rank from Septem-
ber 29, 1862.

Asst. Surg. J. S. McDonough, of Tennessee, to be surgeon, to rank from February

10, 1863.

Asst. Surg. C. A. Rice, of Mississippi, to be surgeon, to rank from February 20,
1863.

Asst. Surg. Robert Duncan, of Missouri, to be surgeon, to rank from March 31,
1863.

Asst. Surg. A. A. Lawrance, of Texas, to be surgeon, to rank from May 14, 1863.

Asst. Surg. John M. Lawing, of North Carolina, to be surgeon, to rank from July
31, 1863.

Asst. Surg. W. R. McCreight, of Louisiana, to be surgeon, to rank from August 7,
1863.

Asst. Surg. William S. Fowler, of Texas, to be surgeon, to rank from August 22,
1863.

Asst. Surg. William J. Cocke, of Texas, to be surgeon, to rank frum September 7,
1863.

Asst. Surg. J. L. Pressley, of South Carolina, to be surgeon, to rank from October
1, 1863.

Asst. Surg. M. A. Brown, of Missouri, to be surgeon, to rank from November 7,
1863.

Asst. Surg. Junius Terry, of Missouri, to be surgeon, to rank from December 14,
1863.

Asst. Surg. Thomas B. Elkin, of Mississippi, to be surgeon, to rank from March 31,
1864.

Asst. Surg. A. T. Gordon, of Virginia, to be surgeon, to rank from April 9, 1864.

Asst. Surg. Richard Boyd, of Virginia, to be surgeon, to rank from April 9, 1864.

Asst. Surg. Elvis McCrory, of Mississippi, to be surgeon, to rank from April 11,
1864.

Asst. Surg. William H. Dulaney, of Maryland, to be surgeon, to rank from .April

11, 1864.

Asst. Surg. Thomas S. Young, of Virginia, to be surgeon, to rank from April 12,
1864.

Asst. Surg. A. S. Murphy, of Alabama, to be surgeon, to rank from April 13, 1864.

Asst. Surg. John De Butts, of Maryland, to be surgeon, to rank from April 15, 1864.

Asst. Surg. Charles Duffy, jr., of North Carolina, to be surgeon, to rank from
April 14, 1864.

Asst. Surg. E. W. Thomason, of Louisiana, to be surgeon, to rank from April 15,



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