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

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question whether Mr. Dortch had not the right, at this stage of the
proceedings, to change iiis vote.

After considerable debate,

The President rose and addressed the Senate at some length on the
points of order, referring- to the twenty-eighth and twenty-ninth rules
of the Senate, to wit:

XXVIII. When the yeas and nays shall be called for by one-fifth of the Senators
present, each Senator called upon shall declare openly, and without debate, his assent
or dissent to the question, unless for special reason he be excused by the Senate. In
taking the yeas and nays, and upon a call of the Senate, the names of the Senators
shall be taken alphabetically.

XXIX. When the yeas and nays shall betaken upon any (juestion in ]iursuance of
the above rule, no Senator shall be permitted, except by the unanimous consent of
the Senate, to vote after the decision is announced from the chair.

Concluding with this statement of the question: The Senate being"
equall}^ divided on the decision of the ([uestion on the motion to recon-
sider submitted by the Senator fi'om Louisiana [Mr, Sparrow], the
Chair announced that result to the Senate, stating that, the vote being
a tie, the motion to reconsider did not prevail; that, by the Constitu-
tion, it then became the privilege and right of the incumbent, as
Vice-President, to vote; that his vote in this case, if given, would not
change the result: still he Avished to exercise this right if the Senate
would indulge him in giving the reasons for voting as he should. At
this stage of the proceedings the Senator from Tennessee [Mr. Henry]
rose and protested against the right of the Chair to assign his reasons
for the vote he should or might g'ive. The Chair then stated he would
take the sense of the Senate upon that ([uestiou, and the question was
put: Is it the sense of the Senate that the Chair, in exercising- his con-
stitutional right to vote on a question on which Senators are eciually
divided, has the right to give the reasons for the vote he shall give?
When the yeas and nays were called for on this (juestion, the Senator
from North Cai-olina [Mr. Dortch] rose and stat(Ml that he would change
his vote on the question on Avhich the Senate was ('(jually divided.
The Chair stated, that under the I'ules the Senator could not th(Mi vote
or change his xote aftiu- it had been aiuiounced from the chair that the
Senate Avas equally divided, the result of which was the loss of the
motion to reconsider, unless by the unanimous consent of the Senate;
and that the ([uestion of privilege then Ix^fore the Senate would take pre-
cedence over the motion of the Senator from North Carolina to he
allowed to change his vote; that this question nuist be first put and
tirst decided. To this ruling of the Chair th(> Senator from Kentucky
[Mr. Burnett] raised his <juestion of ordiu". and upon Avhicli the Chair
will take the sense of the Senate. Tlie question. th<M-efore, now, upon
this point of order submitted to the Senate, is. Shall the ruling of the
Chair, that the Senator from North Carolina [.Mr. Dortchl can not at
this stage of the ]iroceedings, luider the rules, change his vote after
the result of the vote of Senators was announced, unless b}' unanimous
consent, stiind as the judgment of the Senate?

And the said question being put,

T4. 1 - • ] • i-i i.- (Yeas ... 3

It was deternuned ui the negative, s x- .,.

'^ I Nays lb

On motion by Mi-. Senmies.

The yeas and nays being desired by oiie-liftli of \\w Senators present,



Dec. 20, 1864.] SENATE. 387

Tbo.se who voted in the affirmative are,

Messrs. Garland, Graham, and Johnson of Georgia.

Those who A'oted in the negative are,

Messrs. Barnwell. Brown, Burnett, Caperton, Dortch, Henry, Hill,
Hunter, Johnson of Missouri, Maxwell, Orr, Serames, Simms,
Sparrow, Walker, and Watson.

So the ruling of the Chair was not sustained by the Senate, and Mr.
Dortch (by leave) having changed his vote from the affirmative to the
negative side of the question,

The vote stood, -j ^^^^^ " " " " ; ; " " ' " ' " " " " ";";;;;; " ; ; ; ; ; ; ; ; ; ; ; ; ; ^^

Those who voted in the affirmative being,

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

And those who voted in the negative are,

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

So the question was determined in the negative, and the Senate
refused to reconsider the vote on agreeing to the said amendment pro-
posed by Mr. Orr, as amended.

No further amendment being proposed, the bill was reported to the
Senate and the amendments made as in Committee of the Whole were
concurred in.

Ordered, That the amendments be engrossed and the l)ill read a
third time.

The said bill as amended was read the thii'd time.

On the question.

Shall the bill now pass?

( Y^eas ] 4

It was determined in the affirmative, j aj„ ,„ a

On motion by Mr. Graham,

The3'easand nays being desired by one-tif th of the Senators present,

Those who voted in the affirmative are,

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

Those who voted in the negative are,

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

So it was

Remlved, That this bill pass with amendments.

Ordered, That the Secretar}^ request the concurrence of the House
of Representatives in the amendments.

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

Richmond, Va., December 19, 1864-
To the Senate and House of Representatives:

1 herewith tran.smit a communication from the Secretary of the Treasury relative
to a further foreign loan, and recommend his proposition to your favorable consider-
ation in secret session.

JEFFERSON DAVIS.

The message was read.

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



388 JOURNAL OF THE [Dec. 20. 1864.

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

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of so amending the laws in regard to the exportation of cotton as to allow the
Secretary of the Treasury to deliver cotton at any point within the Confederate States
to the holders of Confederate States bonds, the interest on which is to be paid in
specie or cotton, at home or abroad, and to authorize the holders of such bonds, or
their agents, to take such cotton through the Confederate military lines.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

Executive Department, Confederate States of America,

Richmond, December 20, 1S64-
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Maj. Heros
von Borcke, of Prussia, to be lieutenant-colonel in the Adjutant-General's Depart-
ment in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 104.] War Department, Confederate States of America,

Richmond, December "20, 1864.
Sir: I have the honor to recommend the nomination of JNlaj. Heros von Borcke,
of Prussia, to be lieutenant-colonel in the Adjutant-Creneral's Department in the
Provisional Army of the Confederate States of America, to rank from Decemlier 20,
1864.

I am, sir. respectfullv, vour obe^lient servant,

JAP,IES A. SEDDON,

Secretary of War.
To His Excellency .Jefferson Davis,

President, etc.

The message was i-ead.

The Senate proceeded to c()nsiil(M" the nomination contained therein;
and

Remlved^ That the Senate do advise and consent to the appointment
of Heros von Borcke, to be lieutenant-colonel in the Adjutant-Gen-
eral's Department, agreeably to the nomination of the President.

The following message was received from the President of the Con-
federate States, b>' Mr. B. N. Harrison, his Secretar} :

Executive Department, Confederate States of America,

Richmond, December 15, IS64.
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. 70.] War Department, Confederate States of America,

Richmond, December 12, 1864.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

A D.J utant-gen era l's depa rt.ment.

Majors.

R. F. Mason, of Virginia, to rank from November ^.^, 1864.
Thomas Walton, of Mississippi, to rank from November 4, 1864.



Dec. 21, 18C4.] SENATE. 389

Captains.

J. J. Evans, of Mississippi, to rank from June 15, 1864.
Clement Sulivane, of Maryland, to rank from July 6, 1864.
William Norwood, of Virginia, to rank from June 16, 1864.
James R. Balfour, of Mississippi, to rank from July 26, 1864.
W. D. Gale, of INIississippi, to rank from July 26, 1864.
Price Williams, of Alabama, to rank from August 8, 1864.
R. T. Daniel, jr., of Virginia, to rank from June 15, 1864.
I am, sir, respectfully, j'our obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read.

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

On motion ))y Mr. Sparrow,

The Senate resolved into open legislative session.



WEDNESDAY, December 21, 1864.

OPEN SESSION.

On motion by Mr. Graham,

Ordered^ That the Hon. William T. Dortch have leave of absence
from the sessions of the Senate until Monday, the 9th day of January
next.

Mr. Johnson of Missouri, from the Committee on Indian Affairs,
who were instructed by a resolution of the Senate to inquire into the
subject, reported

A bill (S. 1-19) to amend an act entitled "An act to provide for the
payment of the interest on the removal and subsistence fund due the
Cherokee Indians in North Carolina," approved May 1, 1863;
which was read the first and second times and considered as in Commit-
tee 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.

The President laid before the Senate a letter from R. H. Edwards,
of AlaVxima, in relation to certain supplies taken from him by Wheeler's
cavalry during the months of July and September, 1864; which was
referred to the Committee on Military Affairs.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 110) to amend the twelfth section of the
act entitled "An act to reduce the currency and to authorize a new
issue of notes and bonds," approved February 17, 1864; and

On motion by Mr. Barnwell,

Ordered., That the}" be referred to the Committee on Finance.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 112) to repeal an act approved June 14, 1864,
entitled "An act to amend an act entitled 'An act to organize mili-
tary courts to attend the Army of the Confederate States in the Held,



890 JOURNAL OF THE [Dec. 21, 1864.

and to define the powers of said courts,' approved October ninth,
eighteen hundred and sixt>"-two," and for other purposes; and the
reported amendment having been agreed to, the bill was reported to
the Senate and the amendment was concurred in.

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

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

Resolved, That it pass, and that the title thereof be "'An act to pre-
scribe the pav and allowances of provost-marshals and clerks of mili-
tary courts."

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 the bill of the Senate
(S. 136) to provide funds to meet a deficiency in t lie appropriation to pay the officers
and employees of the War Department.

And they have passed a bill (II. R. 242) to provide for sequestrating the property
of persons liable to military service who have departed, or shall depart, from the
Confederate States without permission; in which they request the concurrence of the
Senate.

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.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the following t)ills:

S. 142. Bill to increase the number of acting midshipmen in the
Nav}', and to prescribe the mode of appointment;

S. 143. Bill to authorize the employment of instructors for the act-
ing midshipmen of the Navy, and to regulate their pay;

S. 144. Bill making an appropriation for the erection of additional
buildings at Drewr3'\s Blutf for the accommodation of acting midship-
men; and

S. 145. Bill to authorize the appointment of naval constructors in
the Provisional Navy, and to fix their pay;

and no amendment being proposed, they were severally reported to
the Senate.

Ordei'ed, That they be engrossed and read a third time.

The said bills were severally read the third time.

Resolved, That they pass, and that their titles, respectivel}^ be as
aforesaid.

Ordered, That the Secretary request the concurrence of the House
of Representatives in the said bills.

The })ill (H. R. 242) received this da>' from the House of Representa-
tives foi' concurrence was read the first and second times and referred
to the Conunittee on the Judiciar}'.

On motion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having been opened.

The President laid before the Senate acomminiication from the Sec-
retary of the Treasury, in response to a resolution of the Senate call-
ing for certain information in relation to the mint and assay ofiice at
Charlotte, N. C; which was read.

(>rd( t'td. That it be referred to the Committee on Finance and
printed.



Dee. 21, 1864.] SENATE. • 391

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

Richmond, Va., December 19, 1864.
To the Senate of the Confederate States:

In response to your resolution of the 25th ultimo, I herewith transmit a communi-
cation from the Secretary of War, which conveys the information desired relative to
trials and convictions under tlie acts to punish drunkenness in the Army.

JEFFERSON DAVIS.

The message was read.

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

Mr. Dortch, from the committee, reported that they had examined
and found tridy enrolled

A bill (H. R. 283) to amend an act entitled ''An act providing for
the establishment and payment of claims for a certain description of
propert}' taken or informally impressed for the use of the Army,"
approved June 14, 1861.

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

On motion by Mr. Caperton,

The Senate adjourned.

SECRET SESSION.

On motion by Mr. Walker,

To reconsider the vote on passing the bill (H. R. 267) to suspend the
privilege of the writ of habeas corpus in certain cases for a limited
time,

After debate,

Mr. Walker withdrew the said motion.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 11th instant) the nominations of H. A. Herbert
and E. F. Hoge, to be colonels; Thomas E. Winn and John P. Emrich,
to be lieutenant-colonels; R. E. Wilson, Charles Old, William Hamil-
ton, William J. Mims, Dake Nail, and J. G. Webb, to be majors;
Willie Barrow, L. T. Everett, A. F. Kinney, R. P. Waring, J. H.
Wooldridge, Percy Roberts, S. McCormick, M. Myers, H. N. Browne,
Wj^the B. Graham, Sebron G. Sneed, Thomas T. Greene, J. N. Hays,
Rufus R. Jones, John L. Stephens, Joseph Hunter, Ed. F. Clay-
ton, J. A. M. Foute, T. C. Moore, John M. Shuford, John Oliver,
R. D. Murphy, Jack Sutherland, Edw. N. Everett, C. Marshal
Jones, McK. Hammett, Lewis B. Noland, Roderick Perrv, R. T.
Coulter, W. A. Overton, Edw. M. Jordan, H. R. Morrison, R. D.
Kathrens, S. C. Sadler, S. R. Fant, Andrew J. Ross, Reuben E. Jor-
dan, H. T. Johnson, W. E. Clayton, E. A. Manning, A. G. Hawkins,
B. F. Cootes, J. C. Buffi ngton, F. Baltzell, F. M. Bell, James T.
Norris, F. S. Johnson, John H. Dobbs, John H. McKie, Preston J.
Key, D. R. Patterson, Thomas S. McCay, Alex. S. Webb, James
A. Conner, D. H. Boyles, W. T. Mitchell, Thomas W. Ciepper,



392 JOURNAL OF THE [Dec. 21, 1864.

H. Hardy, E. J. Perrault, H. H. Brogden, J. F. Wilkerson, James A.
Wiley, A. T. Loudon, J. W. Childress, J. T. Quarle.s, F. M. Vance,
L. Campbell, C. E. Grier, George M. Rose, T. E. Pittman, W. J.
Mauldin, A. D. Simons, S. J. Spindle, T. E. Davis, F. N. Kitchell,
Jeff. L. Savage, John Jameson, J. C. Bailev, G. W. Cain, H. C. Fal-
lon, F. R. Burrus, T. M. Hunt, B. F. Murrell, W. W. Matthews,
James H. Wilkes, John T. Hall, G. P. Massingale, J. H. Cummins,
J. A. Martin, E. Harrison, N. H. Davis, F. B. Davidson, James J.
Kiddoo, John Patton, and C. Watlington, to be adjutants, with rank
of first lieutenants, reported, with the reconmiendation that all of said
nominations be confirmed.

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

Jiesolved^ 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 16th instant) the nominations of Haley M. Char-
ter, to be lieutenant-colonel; H. N. Sherburne, J. S. Terry, and C. W.
McClanmiy, to be majors of cavalry; C. S. Land, to be major of
infantry; C. H. Luzenburg and H. D. Danforth, to be first lieutenants;
A. M. Aiken, J. H. Ancrum, W. N. Mebane, R. W. Boyd, James
M. Wise, and William Glenn, to be second lieutenants of artillery, for
ordnance duty; J. D. Stoney, to be second lieutenant of infantry (for
distinguished valor and skill), reported, with the recommendation that
all of said nominations be coniirmed.

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

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

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

1.] Executive Department, Coxfkdekate Statex of America,

Richmond, December 19, 1864-
To the Senate of the Confederate Statcii:

Agreeably to the reconiniendatioii of tlie Secretary of War, I nominate the oliicers
on the accompanying hst (for promotion) to the grades affixed to their names,
respectively.

.JEFFIORSON DAVIS.

No. 93.] War Department, Confederate States of America,

Richmond, December 17, 1864-
Sir: I have the nonor to recommend the following nominations for i)romotion in
the Provisional Army of the Confederate States of America:

Colonels.

Maj. AVilliam A. Taylor, of Texas, t<j be colonel Twenty-fourth Texas Cavalry Regi-
ment, vice Colonel Wilkes, retired, and Lieutenant-Colonel Swearingen, dismissed,
to rank from November 14, 1864.

Maj. F. L. Campbell, of Louisiana, to be colonel Thirteenth Louisiana Regiment,
vice Colonel Gibson, appointed brigadier-general, and Lieutenant-Colonel Gerard,
dropped, to rank from August 22, 1864.

Maj. James H. McNeill, of North Carolina, to be colonel Sixty-third North Caro-
lina Regiment, vice Col. P. G. Evans, deceased, and Lieut. Col. S. B. Evans, dropped,
to rank from November 24, 1864.

Lieutenant-colonehf

Maj. C. Breckinridge, of Virginia, to be lieutenant-colonel Second Virginia Cav-
alry Regiment, vice Lieutenant-Colonel Watts, retired, to rank from December 7, 1864.



Dec. 21, 1864.] SENATE. 393

Maj. John D. Taylor, of North Carolina, to be lieutenant-colonel Ttiirty-f^ixth
North Carolina Regiment, vice Lieutenant-Colonel Richardson, droppeil, to rank
from January 23, 1864.

Maj. John M. Kinloch, of South Carolina, to be lieutenant-colonel Twenty-third
South Carolina Regiment, vice Lieutenant-Colonel Roberts, resigned, to rank from
November 3, 1862.

Capt. E. M. Dubroca, of Louisiana, to be lieutenant-colonel Thirteenth Louisiana
Regiment, vice Lieutenant-Colonel Gerard, dropped, and Major Campbell, promoted,
to rank from August 22, 1864.

Majors.

C ii)t. R. H. McClelland, of Tennessee, to be major Forty-ninth Tennessee Regi-
ment, vice Major Atkins, promoted, to rank from June 11, 1864.

Capt. L. H. Crumpler, of Alabama, to be major Fifty-ninth Alabama Regiment,
vice Major Huguley, promoted, to rank from May 16, 1864.

Capt. William F. Graves, of Virginia, to be major Second Virginia Cavalry Regi-
ment, vice Major Breckinridge, promoted, to rank from December 7, 1864.

Capt. J. M. Stevenson, of North Carolina, to be major Thirty-sixth North Carolina
Regiment, vice Major Taylor, promoted, to rank from January 23, 1864.

Capt. M. O. Tracy, of Louisiana, to be major Thirteenth Louisiana Regiment,
vice Major Campbell, promoted, to rank from August 22, 1864.

Capt. H. H. Lesesne, of South Carolina, to be major Twenty-third South Carolina
Regi iient, vice Major Whilden, deceased, to rank from June 22, 1864.
I am, sir, respectfuUv, vour obedient servant,

JAMES A. SEDDON,

Secretarij of War.
To His Excellencj' Jefferson Davis,

President, etc.

2.] Executive Department, Confederate States of America,

Richmond, December 19, 1864.
To the Senate of Hie 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. 91.] War Dep.\rtment, Confederate States of America,

Richtnond, December 17, 1SC>4.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

ENGINEER TROOPS.

Major.

D. Wintter, of Tennessee, to be major Second Regiment Engineer Troops (an origi-
nal vacancy), to rank from August 18, 1864.

Captains.

B. M. Harrod, of Louisiana, to be captain Company G, Second Regiment Engi-
neer Troops (an original vac^ancy), to rank from August 20, 1864.

John Howard, of Georgia, to be captain Company H, Second Regiment Engineer
Troops (an original vacancy), to rank from October 15, 1864.

First lieutenants.

II. A. Stiles, of Georgia, to be first lieutenant Company E, First Regiment Engineer
Troops (an original vacancy), to rank from September 29, 1864.

J. E. Roller, of Virginia, to be first lieutenant Company G, Second Regiment Engi-
neer Troops (an original vacancy), to rank from August 20, 1864.

William P. Welch, of North Carolina, to be first lieutenant Company H, Second
Regiment Engineer Troops (an original vacancy), to rank from October 15, 1864.



394 JOURNAL OF THE [Dec. 21, 1864.

•. Second lieutenants.

Beverley Green, of Mississippi, to be second lieutenant, Second Regiment Engineer
Troops (an original vacancy), to rank from June 23, 1864.

B. S. Long, of Mississippi, to be second lieutenant Company K, First Regiment
Engineer Troops (an original vacancy), to rank from September 28, 1864.

Charles Minor, of Vii-ginia, to be second lieutenant Company A, First Regiment
Engineer Troops (an original vacancy), to rank from September 29, 1864.

J. M. Beckham, of Virginia, to be six-ond lieutenant Company D, First Regiment
Engineer Troops (an original vacancy), to rank from September 30, 1864.

W. R. Abl>ott, of Louisiana, to be second lieutenant Company E, First Regiment
Engineer Troops (an original vacancy), to rank from October 1, 1864.

C. R. Venable, of Virginia, to be second lieutenant Company B, First Regiment
Engineer Troops (an original vacancy), to rank from October 2, 1864.

P. G. Scott, of Virginia, to be second lieutenant Company I, First Regiment Engi-
neer Troops, vice Lieutenant Griffin, promoted, to rank from October 3, 1864.

W. W. Dallam, of Maryland, to be second lieutenant Company F, First Regiment



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