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

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severally read.

Ordered, That they lie upon the table and be printed.

Mr. Garland presented the petition of the clerks in the Second
Auditor's Office, Treasury Department, praying that they may be
allowed the privilege of drawing one ration and purchasing supplies
at Government prices; which was referred to the Committee on
Finance.



378 JOUKNAL OF THE [Dec. 19, 18G4.

Mr. Johnson of Georgia submitted the following resolution; which
was considered and agreed to:

Resolved, That the Committee on MiUtary Affairs be instructed to inquire into the
expediency of permanently exempting from military service skilled artisans,
mechanics, and machinists who may be employed in the Government workshops of
every description; also, the expediency of inviting into the Confederacy the same
classes of persons from foreign States, upon a pledge of similar exemption.

Ml'. Walker, from the Committee on the Judiciar}^ to whom was
referred the bill (H. R. 283) to amend an act entitled "An act pro-
viding for the establishment and paj^ment of claims for a certain
description of property taken or informall}' impressed for the use of
the Army," approved June 14, 1864, 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.

Orde/'e(7, That it pass to a third reading.

The said bill was read the third time.

Rtsolced^ That it pass.

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

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

Mr. Prt'Hidcid: Tlie 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. 125) to amend an act entitled "An act to
increase the efficiency of the Army by the emploAiuent of free negroes
and slaves in certain capacities," approved Februar}'^ 17, 1864, reported
it with the reconunendation that it ought not to pass.

The Senate })roceeded, as in Committee of the Whole, to the con-
sideration of the said l)ili; and

On motion h\ Mr. Sparrow,

Ordci-id^ That the further consideration thereof be postponed
indelinitely.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the l)ill (S. 106) to repeal in part an act to regulate the
destruction of property, under military necessity, and to provide for
the indemnity thereof, approved March 17, 1862; and

On motion l)y Mr. Sparrow^

Ordered^ That the fvirther consideration thereof be postponed to
and made the s})eciul order for Thursday next, at half past 12 o'clock.

The Senate proceeded, as in Conunittee of the Whole, to the con-
sideration of the bill (S. 140) to guard against improper constructions
of the tax law's l)y the officers charged with the execution of the same;
and

On motion l)y ]Mr. Semmes,

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 243) to regulate the pay and mileage of mem-
bers, and the compensation of officers of the Senate and House of
Representatives; and no amendment being proposed, it was reported
to the Senate.

Ordciu'd^ That it pass to a third reading.

The said })ill was read the third time.



Dee. 19, 1S04.] SENATE. 379

Resol/iied., That it pass.

Ordered., That the Secretary inform the House of Representativ'es
thereof.

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

li. R. 224. An act to punish certain frauds on the Confederate Gov-
ernment, including- larcen}' and embezzlement of property of the
Government; and

H. II. 2(i8. An act for the relief of Sarah A. Ileiskell, wife of the
Hon. eJoseph B. Heiskell, a Kepresentativ'e from the State of Ten-
nessee.

The President having sig-ned the enrolled bills last reported to have
been examined, they were delivered to the Secretary of the Senate
and b}' him forthwith presented to the President of the (.-onfederate
States for his approval.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 122) regulating- the compensation of postmasters,
special agents, and route agents.

On motion Ijy Mr. Burnett, to amend the bill by striking out
"twenty,"' section 1, line 22, and inserting "thirty- three and one-
third,'" ^

It was determined in the negative.

On motion by Mr. Baker, from the Committee on Post-Oflices and
Post-Roads, to amend the bill by inserting after "twent}^," section 1,
line 22, "five,"

It Avas determined in the affirmative.

On motion b}' Mr. Baker, from the Committee on Post-Offices and
Post-Roads, to amend the bill by striking out "eight," section 1, line
24, and inserting "ten,"

It was determined in the affirmative.

On motion by Mr. Baker, from the Committee on Post-Offices and
Post-Roads, to amend the bill by striking out, section 1, lines 33, 34,
35, 36, 37, and 38, the words "and of the postmasters at Petersburg,
Virginia; Raleigh and Wilmington, North Carolina; Charleston and
Columbia, South Carolina; Augusta and Savannah, Georgia; and
Montgomery and Mobile, Alabama, shall be live thousand dollars,
from and after the lirst day of January, one thousand eight hundred
and sixty-five, at which time this act is to take effect,"

It was determined in the affirmative.

On motion by Mr. l)aker, to amend the bill ))y striking out "except-
ing those," section 1, line 27, and inserting "except as,"

It was determined in the affirmative.

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

Proridid, That no person shall hereafter be employed as a route agent who is capable
of military service in the field, or who is not exempt l)y age from military duty,

It was determined in the affirmative.

No further amendment being proposed, 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 Secretary request the concurrence of the House
of Representatives therein.



380 JOUKNAL OF THE [Dec. 19, 1864.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (H. R. 261) to amend an act of the Provisional Con-
gress entitled "An act relating to the prepa3"ment of postage in certain
cases," approved July 29, 1861; 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.

Remlved^ Tliat it pass.

Ordered^ That the Secretar}" inform the House of Representatives
thereof.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 141) to increase the pa}^ of noncommissioned
officers, priA'ates, and musicians of the Marine Corps; and no amend-
ment 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.

Resoloed^ 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 resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 181) to increase the maximum rates of compensation
allowed to raili'oad companies for the transportation of the mails of
the Confed(>rate States; and

On motion by Mr. Sparrow,

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

On n'lotion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having been opened,.

The following message was received from the House of Represent-
atives, bj' Mr. Dalton:

Mr. PreHidod: The Speaker of the House of Representatives having signed an
enrolled bill, 1 am directed to bring it to the Senate for the signature of their Presi-
dent.

Mr. Caperton, from the committee, reported that they had exam-
ined and found truly enrolled

A bill (II. R. 218) to regulate the pay and mileage of members, and the
compcMisation of officers of the Senate and House of Representatives.

Th(^ President having signed the enrolled bill last reported to have
been examined, it was delivered to the Secretary of the Senate and
by him foith with presented to the President of the Confederate States
for his ai)proval.

On motion by Mr. Walker,

The Senate adjourned,

SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 267) to suspend the privilege of the writ of
hal)eas corpus in certain cases for a limited time.

On motion by Mr. Orr, to amend the bill l)y striking out all of the
first section after line 15, as follows:

Of conspiraeies to overthrow the Government, or conspiracies to resist the lawful
authorities of the Confederate States.

Of (■oiul)ining to assist the enemy, or of communicating intelligence to the enemy,
or giving him aid and comfort.



Dec. 19, 1864.] SENA.TE. 381

Of conspiracies, preparations, and attempts to incite servile insurrection.

Of desertions, encouraging desertions, and of harboring deserters.

Of spies and other emissaries of the enemy.

Of holding correspondence or intercourse with the enemy without necessity and
without tlie permission of the Confederate States.

Of unlawful trading with the enemy, and other offenses against the laws of the
Confederate States enacted to promote their success in the war.

Of conspiracies or attempts to liberate prisoners of war held by the Confederate
States.

Of conspiracies or attempts to aid the enemy.

Of persons advising or inciting others to abandon the Confederate cause, or to
resist the Confederate States, or to adhere to the enemy.

Of unlawfully burning, destroying, or injuring, or attempting to burn, destroy, or
injure, any bridge or railroad, or telegraphic line of communication, or other property,
with the intent <jf aiding the enemy.

Of treasonable designs to impair the military power of the Government by destroy-
ing, or attempting to destroy, the vessels, or arms, or munitions of war, or arsenals,
foundries, workshops, or other property of the Confederate States.

Of any unlawful conspiracy with intent to injure the Confederate States.

But any person claiming exemption from military service as an officer of a State,
shall have the privilege of the writ of habeas corpus, as to such claim, as if this act
had not been passed. In cases of palpable wrong and oppression, by any subordi-
nate officer, upon any party who does not legally owe military service, his superior
officer shall grant prompt relief to the oppressed party, and the subordinate shall be
dismissed from office,

and inserting' in lieu thiereof the following:

Of combining to assist the enemy, or of communicating intelligence to the enemy,
or of being spies, or of holding treasonable communication with the enemy.

On motion by Mr. Hill, to amend the proposed amendment by
striking out all of the words proposed to be inserted after "Of," in
the first line, and inserting:

Combining to assist the enemy, or of communicating intelligence to the enemy, or
giving him aid and comfort.

Of treasonable designs to impair the military power of the Government by
destroying, or attempting to destroy, the vessels, or arms, or munitions of war, or
arsenals, foundries, workshops, or other property of the Confederate States.

Of being a spy or other emissary of the enemy.

Of exciting, or attempting to excite, insurrection among slaves, or promoting con-
spiracy among them, or enticing them to join the enemy.

Of burning, destroying, or injuring, or attempting to burn, destroy, or injure, any
bridge or railroad, or telegraphic line of communication, with the view of aiding the
enemy.

Of exciting, or attempting to excite, mutiny among the troops of the Confederate
States.

Of harboring deserters or encouraging desertion.

It was determined in the affirmative, \ ^ ' ^, f.

On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Brown, Burnett, Caperton, Dortch, Henry,
Hill, Hunter, Johnson of Missouri, Maxwell, Semmes, Sparrow, and
Watson.

Those who voted in the negative are,

Messrs. Garland, Graham, Johnson of Georgia, Orr, and Walker.

On motion by Mr. Graham, to amend the amendment proposed by
Mr. Orr, as amended, by striking out of the words proposed to be
inserted the following:

Of exciting, or attempting to excite, insurrection among slaves, or promoting con-
spiracy among them, or enticing them to join the enemy.



382 JOURNAL OF THE [Dee. 19,1864.

Of Ijurning, destroying, or injuring, or attempting to burn, destroy, or injure, any
bridge or railroad, or'telegrapiiic line of communication, with the view of aiding the
enemy,

It was determined in tlie negative.

On the question to agree to the amendment proposed b}^ Mr. Orr, as
amended,

It was determined in the affirmative, -> ]»t„„„ n

On motion by Mr. Semmes,

The yeas and nays being desired by one-fiftb of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Brown, Garland, Graham, Hill, Hunter,
Johnson of Georgia, Maxwell, Orr, Semmes, Walker, and Watson.

Those who voted in the negative are,

Messrs. Burnett, Caperton, Dortch, Henry, Johnson of Missouri,
Simms, and Sparrow.

On motion by Mr. Graham, to amend the bill b}^ striking out, sec-
tion 1, lines 5, 6, 7, and 8, the words "by order of the President,
Socrctar}' of War, or the general commanding the Trans-jMississippi
Military Depai'tmcnt, by the authority and under the control of the
President,"' and inserting in lieu thereof "by warrant issued by a
judge or commi.s.sioner of the Confederate States upon probable cause,
supported by oath or affirmation, particularly describing the person to
be seized and the offense with which he is charged,"

It was determined in the negative, i ]ij„,,'^ 1 1>

On motion by Mr. Graham,

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

Those who voted in the affirmative are,
.Messrs. leaker, (iarland, Graham, Johnson of Georgia, and Orr.

Those who voted in the negative are,

Messrs. Barnwell. Burnett, Caperton, Dortch, Henry, Hill, Hunter,
Johnson of Missouri, Senmies, Sparrow, Walker, and Watson.

On motion by Mr. Walker, to amend the bill by striking out, section
1, lines 4, 5, 6, 7, 8, and 9, the words "apply only to the cases of per-
sons arrested or detained by order of the President, Secretary of AVar,
or the general officer commanding the Trans-Mississippi Military
Department, by the authorit}' and undei- the control of the President,
except as provided in the fifth section of this act," and inserting in
lieu thereof "except as provided in the fifth section of this act, apply
only to the cases of persons arrested or detained under an order of
arrest, or detention in writing, issued by the President, Secretary of
War, or the general officer commanding the Trans-Mississippi Depart-
ment,"

I Yeas 9

It was determined in the affirmative, J ]sj„ ,\ ' '-

On motion by Mr. Walker,

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

Those who voted in the affirmative are,

Messrs. Garland, Graham. Hill, Johnson of Georgia, Johnson of
Missouri, Orr, Semmes, Walker, and Watson.

Those who voted in the negative are,

Messrs. Baker, Burnett, Caperton, Dortch, Henry, Hunter, and
Sparrow.



Due. 20, 1864.] SENATE. 383

On motion ])>^ Mr. Hill, to amend the hill by striking out call of the
second section after "shall," line 1, and inserting:

appoint proper officers as commissioners to investigate the cases of all persons so
arrested or detained, in order that they may be discharged if improiierly detained,
unless they can be speedily tried in the due course of law. Said coiiiniisi^ioners shall
receive, each, a compensation of two hundred and fifty dollars per month; and each
commissioner may ai)point one clerk or assistant, who shall receive a compensation
of one hundred and fifty dollars per month, and each commissioner and assistant
shall receive twenty-five cents for every mile actually and necessarily traveled in the
discharge of the duties required by this act,

A motion was made by Mr. Watson, to amend the proposed amend-
ment by adding to the words proposed to be inserted the following:
"But no person liable to, and capable of, military service in the field
shall be appointed under this section; and no officer shall perform any
duty under this section except in the State of which he is a citizen;" and

On the question to agree thereto,

The yeas were 8 and the nays were 8.

The Senate being equally dividad, the President determined the
({uestion in the negative.

So the amendment to the amendment was disagreed to.

On motion by Mr. Graham, to amend the proposed amendment by
adding to the words proposed to be inserted the following proviso:

Provided, That no person shall be imprisoned by virtue of this act except in the
State of which he is a citizen or resident, or in which he shall have been arrested, or
in which the act or offense is charged to have been committed, unless such State
shall Ite in possession of the enemy,

It was determined in the affirmative.

The amendment proposed by Mr. Hill, as amended, was then
agreed to.

Pending the further consideration of the bill,

On motion by Mr. Walker,

The Senate resolved into open legislative session.

TUESDAY, December 20 1864.

OPEN SESSION.

On motion by Mr. Barnwell,

Ordered^ That the Hon. James L. Orr have leave of absence from
the sessions of the Senate until Tuesday, the 10th day of January next.

Mr. Barnwell, from the Committee on Finance, to whom was referred
a communication from the Secretary of the Treasury on the subject,
reported

A bill (S. 148) in relation to the accounts to be kept at the Treasury
of sequestrated estates;

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 afo'resaid.

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

jNIr. Sparrow, from the Committee on Militar}' Affairs, to whom
was referred the bill (S. 112) to repeal an act approved June 14, 18G4,



384 JOURNAL OP^ THE [Dec. 20, 1864.

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 the powers of said courts,' approved October ninth, eighteen
hundred and sixty-two," and for other purposes, reported it with an
amendment.

On motion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having been opened.

The following message was received from the House of Representa-
tives, by Mr. Dalton:

3fr. President: The House of Representatives have passed the bill of the Senate
(S. 110) to amend the twelfth section of the act entitled "An act to reduce the cur-
rency and to authorize a new issue of notes and bonds," approved February 17, 18C4,
with amendments; in which they request the concurrence of the Senate.

On motion by Mr. Simms,

Oyxlered., That Mr. Baker be excused from further service on the
select committee appointed to incfuire into the adequacy of the com-
pensation allowed to persons employed in making clothing for the
Army, and to females in the Ordnance Department, and that Mr. (xar-
land be appointed in his stead. •

On motion b}' ]Mr. Hill,

Ordered^ That the Hon. Herschel V. flohnson have leave of absence
from the sessions of the Senate until Monday, the 16th day of Jan-
uary next.

On motion by Mr. Graham,

The Senate adjourned.

SECRET SESSION.

The Senate resumed, as in Connnittee of the Whole, the considera-
tion of the l>ill (H. R. 267) to suspend the privilege of the writ of habeas
corpus in certain cases for a limited time.

On motion by Mr. Hill, to amend the bill h\ striking out, section 3,
lines 12, 13, 1-1, and 15, the words

unless the writ shall have been issued by a court or judjxe of the Confederate States,
in the case of a person seeking to avoid or to lie disc-harired from military service, as
mentioned in the fifteenth clause of the first section of this act,

It was determined in the affirmative.

On motion by Mr. Grahimi, to amend the bill by striking out of the
sixth section the words " for ninet}^ days after" and inserting " until,"

It was determined in the negative, -, >Tj,.p„ -i k

On motion by Mr. Graham,

The yeas and nays being desired ))y one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Garland, Graham, Johnson of Georgia, Orr, and Walker.

Those who voted in the negative are,

Messrs. Baker, Barnw^ell, Brown, Burnett, Caperton, Dortch, Henry,
Hill, Hunter, Johnson of Missouri, Maxwell, Semmes, Simms, Spar-
row, and Watson.

On motion by Mr. Orr, to amend the Ifill by striking out ''ninety,"
section 6, line 1, and inserting "'thirty,'"

It was determined in the negative, . v!,' t ^h



Dec. 20, 1864.] SENATE. 385

On motion by Mr. Graham,

The yeas and nays beinj]^ desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Garland, Graham, flohnson of Georgia, Orr,
Semmes, and Walker.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Caperton, Dortch, Henry, Hill, Hunter,
Johnson of Mis.souri, Maxwell, Simms, Sparrow, and Watson.

A motion having been made l)y Mr. Sparrow, to reconsider the vote
on agreeing to the following amendment proposed by Mr. Orr, as
amended, to wit: Strike out all of the first section of the bill after
line 15 and insert:

Of combining to assist the enemj-, or of communicating intelligence to the enemy,
or giving him aid and comfort.

Of treasonable designs to impair the military power of the Government by destroy-
ing, or attempting to destroy, the vessels, or arms, or munitions of war, or arsenals,
foundries, workshops, or other property of the Confederate States.

Of being a spy or other emissary of the enemy.

Of exciting, or attempting to excite, insurrection among slaves, or promoting con-
spiracy among them, or enticing them to join the enemy.

Of burning, destroying, or injuring, or attempting to destroy, burn, or injure, any
bridge or railroad, or telegraphic line of communication, with the view of aiding the
enemy.

Of exciting, or attempting to excite, mutiny among the troops of the Confederate
States.

Of harboring deserters or encouraging desertion.

On the question to ao-ree thereto,

The yeas were 10 and the naj^s were 10.

On motion by Mr. Semmes,

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

Those who voted in the affirmative are,

Messrs. Burnett, Caperton, Dortch, Henry, Hunter, Johnson of
Missouri, Semmes, Simms, Sparrow, and Watson.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Brown, Garland, Graham, Hill, Johnson
of Georgia, Maxwell, Orr, and Walker.

The Senate being equally divided,

The President announced the result of the vote, and stated that, the
vote being a tie, the motion to reconsider did not prevail: that, under
the Constitution, the Senate being equally divided, it was his right to
vote on the question. This right he would exercise if the Senate
would indulge him in giving his reasons for the vote he should give.

To which Mr. Henry objected.

Whereupon,

The President said he would, under the sixth standing rule, take the
sense of the Senate thereon, and proceeded to put the question,

Is it the sense of the Senate that the Chair, in exercising his con-
stitutional right to vote on a que.stion on which Senators are equally
divided, has the right to give the reasons for the vote he shall give?

Pending which,

Mr. Dortch rose and announced his wish to change his vote from
the affirmative to the negative side of the question;

When,

The President stated that, under the rules, he could not then change
his vote unless by unanimous (consent.

c J— VOL 4—04 25



386 JOURNAL OF THE [Dec. 20, 1864.

To this ruling- of the Chair Mr. Burnett objected, and raised the



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