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

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Sir: I have the honor to recommend the nomination of James H. Whitner, of South
Carolina, to be captain Company!), Twenty-second South Carolina Regiment, in the
Provisional Army of the Confederate States of America (the officer entitled to j)ro-
motion found incomjietentand no material in thecompitny to select from), vice Captain
McGrath, retired, to rank from January 2, 1865.

1 am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary nf War.
To His Excellency Jefferson Davis,

President, etc.

The messages were read.

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

On motion by ]\Ir, Maxwell,

The Senate resolved into open l«o;ishitive session.

SATURDAY, January 14, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a bill (H. R. 310) amend-
atory of the act entitled "An act to provide for the organization of the Arkansas and
Red River Superintendency of Indian Affairs, to regulate trade and intercourse with
the Indians therein, and to preserve peace on the frontiers," approved April 8, 1862;
in which they request the concurrence of the Senate.

And they have passed Senate bills of the following titles:

S. 89. An act to repeal a part of the twenty-sixth section of an act approved February
15, 1862, entitled "An act to alter and amend an act entitled 'An act for tiie secpies-
tration of the estates, property, and effects of alien enemies, and for indemnity of
citizens of the Confederate States and ])ersons ai<ling the same in the existing war
v/iththe United States,' approved August thirtieth, eighteen hundred and sixty-one;"

S. 130. An act to authdrize iiewsjtapers to be mailed to soldiers free of postage;

S. 132. An act to regulate the su]»plies of clothing to midshipmen of the Navy;



Jan. 14, 1865.] SENATE. 453

S. 141. An act to increase the pay of noncommissioned officers, privates, anrl
musicians of the Marine Corps;

S. 142. An act to increase the numl^er of acting midshipmen in tlie Navy, and to
prescribe the mode of appointment;

S. 143. An act to authorize the employment of instructors for tlie acting midship-
men of the Navy, and to regulate their pay;

S. 145. An act to autliorize the appointment of naval constructors in the Provisional
Navy, and to fix their pay; and

8. 149. An act to amend an act entitled "An act to provide for the payment of
the interest on the removal and subsistence fund due the Cherokee Imlians in North
Carolina," approved May 1, 1863.

Mr. Haynes, from the Committee on the Jiidiciar}', to whom was
referred the ))ill (S. 155) to regulate the pay and allowances of t-ertain
female employees of the Government, reported it with am'endments.

Ordered^ That the amendments lie printed.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 191) to facilitate the settlement of claims of
deceased officers and soldiers; and

On motion by Mr. Semmes,

Ordered^ That it be recommitted to the Committee on the Judiciar}^

Mr. Walker, from the Committee on the Judiciary, to whom was
referi-ed the bill (S. 159) to secure more effectually the preservation
and distribution of the effects of deceased officers and soldiers, reported
it without amendment.

Ordtved^ That it be printed.

The bill (H. R. 310) received this day from the House of Repre-
sentatives for concurrence was read the first and second times and
referred to the Committee on Indian Affairs.

On motion by Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Graham,

The Senate adjourned.

SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 157) to provide for the appointment of a directing
general of the armies of the Confederate States.

On the question to agree to the following amendment proposed to
the bill by Mr. Maxwell, to wit: Insert after "war," line 8, the words
"subject to the authority of the President as commander in chief,"'

Mr. Maxwell (by leave) witiidrew the said amendment.

An amendment having been proposed by Mr. Semmes,

After deVjate,

On motion b}' Mr. Haj'nes,

Ordei'ed. That the l)ill and amendment lie upon the table.

Mr. Henry submitted the following resolution for consideration:

It being the deliberate judgment of Congress that the assignment of General Robert
E. Lee to the duty of directing general, or general in chief, of the armies of the Con-
federate States, charged, in addition to the command in person of the Army of North-
ern Virginia, witii the general superintendence and direction of military operations;
the assignment of General Beauregard to the command of the army in South Caro-
lina, Georgia, and Florida; and the assignment of General Joseph E. Johnston to the
command of the Army of Tennessee, would produce the most salutary effect, both
upon the country and in the Army, and would be highly conducive to the success of
the great cause in which we are engaged: Therefore,

Hesolved, That the Congress respectfully but earnestly advise the President to
assign the officers named to the several duties and positions above mentioned.



4^4 JOURNAL OF THE [Jan. 1g, 1866.

The Senate proceeded to consider the said resolution; and
On the question to agree thereto,

It was determined in the affirmative, < ^ ^ , ^

On motion by Mr. Brown,

The yeas and nays being" desired by one-hf th of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Burnett, Caperton, Garland, Ha3'nes, Henry, Hill,
Hunter, Johnson of Missouri, Simms. Vest, Walker, Watson, and
Wigfall.

Those who voted in the negative are,

Messrs. Semmes and Sparrow,

So the resolution was agreed to.

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

Mr. Burnett submitted the following motion for consideration:

Ordered, That the vote on passing the resolution advising the
President to assign Generals Lee, Beauregard, and Joseph E.
Johnston to certain positions in the armies of the Confederate States
be reconsidered.

On motion by Mr. Sparrow,

The Senate resolved into executive session,

EXECUTIVE SESSION,

Mr. Sparrow, from the Committee on Military Afi'airs, to whom was
referred (on the 3d instant) the nomination of Smith P. Bankhead, to
he colonel of artillery', reported, with the recommendation that said
nomination be contirmed.

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

Hesolved, That the Senate do advise and consent to his appointment,
agreeabl}^ to the nomination of the President,

Mr. Brown, from the Couunittee on Naval Aflfairs, to whom was
referred (on the 21)th ultimo) the nomination of Elijah J, Vasser, to be
assistant paymaster, reported, with the recommendation that said nomi-
nation l)e contirmed.

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

Hesolved, That the Senate do advise and consent to his appointment,
agreeably to the nomination of the President,

On motion by Mr. Graham,

The Senate resolved into open legislative session.

MONDAY, January 16, 1865.

OPEN SESSION.

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

Mr. President: The IIouhc of Representatives have pat^sed a ])ill and joint resolu-
tion of the Senate of the following titles:

S. ] 22. An act regulating the compensation of postmasters, special agents, and route
agents; and

S. 23. Joint resolution requesting the President to appoint a day «)f fasting, huinih-
ation, and prayer, with thanksgiving.



Jan. 16, 1865.] SENATE. 455

And they have passed Senate l:)ills of the following titles:

S. 111. An act to authorizethe President to appoint commissioners for the exchange
of prisoners; and

S. 117. An act to authorize the commanders of the reserves in each State to order
general courts-martial and to revise the proceedings of courts-martial and military
courts, with amendments; in which they request the concurrence of the Senate.

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

Resolved, That the Secretary of the Senate be instructed to purchase, for the use
of the Conunittee on the Judiciary, a copy <jf the orders which have been heretofore
issued from the Adjutant and Inspector General's Office.

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

Resolved, That the Committee on Finance l)e instructed to inquire into the expe-
diency of providing for an issue of certificates, to be used in i)ayment of present and
future debts contracted by the Government in the purchase or impressment of corn,
wheat, oats, cotton, tobacco, cattle, meat, leathei", horses, and mules; said certificates
to be issued in sums not less than one hundred dollars, assignable by indorsement,
payal)le twelve months after the war, and to contain an alternative obligation to
return, in kind, a similar quantity and quality of the objects impressed or purchased,
or to pay the market value thereof at the time of impressment or purchase in specie,
with interest thereon at the rate of six per cent per annum, at the option of the
holder.

On motion by Mr. Walker,

Ordered., That the leave of absence heretofore granted the Hon.
Robert Jemison be extended until Wednesday, the 25th instant.

Mr. Barnwell, from the Committee on Finance, to whom was referred
the bill (H. R. 229) to provide more effectuall}" for the reduction and
redemption of the currency, reported it with amendments.

Ordered., That the amendments be printed.

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

A bill (S. 161) to increase, for a limited period, the salary of the
Vice-President;

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.

Mr. Barnwell, from the Committee on Finance, to whom was referred
the joint resolution (H, R. 20) construing the act of January 30, 1861,
increasing the compensation of certain officers and employees of the
Government, reported it with the recommendation that it ought not
to pass.

The Senate proceeded to consider the amendments of the House of
Representatives to the following bills:

S. 111. An act to authorize the President to appoint commissioners
for the exchange of prisoners; and



456 JODENAL OF THE [Jan. 16, 1SG5.

S. 117. An act to authorize the commanders of the reserves in each
State to order general courts-martial and to revise the proceedings of
courts-martial and mUitary courts; and

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the following bills:

H. R. 321. An act supplementary to an act entitled "An act to
authorize the formation of new commands, to be composed of super-
numerary officers Avho may resign to join such commands, and to limit
and restrict the appointment of officers in certain cases," approved
June 14, 1S64; and

H. R. 305. An act to grant free transportation to officers, non-
commissioned officers, and privates of the Army traveling on leave of
indulgence; and

On motion by Mr. Sparrow,

Ordered., That the further consideration of the said bills ]>e post-
poned indetinitelv.

Mr. Graham presented the memorial of the mechanics and artisans
of the city of Raleigh, N. C, praying to be permanenth' exempted
from consci'iption; which was referred to the Committee on Militaiy
Affairs.

The Senate proceeded, as in Committee of the "Whole, to the con-
sideration of the l)ill (S. lot)) to provide for the reorganization of
companies, battalions, and regiments in certain cases; and

On motion by Mr. Sparrow,

Ord(i-<(l, That the further consideration thereof be postponed to
and made the special order for Wedncsda}' next, at 1 oVlock.

On motion Ijn' Mr, Sparrow,

The Senate resolved into secret legislative session.

The doors having been opened,

Mr. Capcrton, from the committee, reported that they had exam-
ined and found truly enrolled l)ills of the following titles:

S. 93. An act to amend an act entitled "An act to provide for the
safe custody, printing, pu])li(ation, and distril)ution of the laws, and
to provide for the appointment of an additional clerk in the Depart-
ment of Justice,"" appiT)ved August 5, 1861; and

II. R. 3(»6. An act to provide commissioned officers of the Army and
Navy and Marine Corps with clothing.

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

On motion l)y Mr. Semmes,

The Senate adjourned.

SECRET SESSION.

The Senate proceeded to consider the motion submitted b^' Mr.
Burnett on the 14th instant, to reconsider the vote on passing the
1 OHolution advising the President to assign (lenerals Lee, Beauregard,
and Joseph E. Johnston to certain positions in the armies of the Con-
federate States; and

On the question to agree thereto,

It was determined in the lUHrutive. - x'^^'^" lli

I Isa3's 12



Jan. 10. 1865.] SENATE. 457

On motion l)y Mr. Sparrow,

The yeas and nays 1)eino- desired by on»-fiftli of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Burnett, Graham, Hill, Hunter, Maxwell,
Senimes, Sparrow, and Watson.

Those who voted in the negative are,

Messrs. Brown, Caperton, Dortch, Garland, Haynes, Henry, John-
son of Missouri, Oldham, Simms, Vest, Walker, and Wigfall.

On motion by Mr. Sparrow,

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 157) to provide for the appointment of a directing
general of the armies of the Confederate States.

On the question to agree to the following amendment proposed to
the bill by Mr. Semmes, to wit: After "general,"' line 4, insert "to
be styled general of the armies of the Confederate States,"

It was deternuned in the affirmative.

On motion by Mr. Semmes, to amend the bill b}- inserting after
"whom," line 4, the words "subject to the constitutional authority of
the President,"

It was determined in the affirmative, - xt ' o

' ( Nays b

On motion by Mr. Semmes,

The 3'eas and nays being desired by one-tifth of the Senators present.

Those Avho A'oted in the affirmative are,

Messrs. Baker, Barnwell, Brown, Burnett, Caperton, Dortch,
Haynes, Henry, Hill, Hunter, Maxwell, Oldham, Semmes, Simms,
Sparrow, and Watson.

Those who voted in the negative are,

Messrs. Garland, Graham, Johnson of Missouri, Vest, Walker, and
Wigfall.

On motion 1)y Mr. Sparrow, to amend the bill by striking out all
after the enacting clause and inserting:

That there shall be appointed by the President, by and with the advice and con-
sent of tlie Senate, an oflicer who shall be known and designated as "General in
chief," who shall be the ranking officer of the Army, and as such shall have com-
mand of the military forces of the Confederate States.

Sec. 2. That the act providing a staff for the general who may be assigned to duty
at the seat of government, is hereV>y repealed; and that the general in chief who
may be appointed under the provisions of this act, shall have a staff not less than
that now allowed a general in the field, to l)e assigned by the President, or to be
appcjinted by him, by and with the advice and consent of the Senate,

It was determined in the affirmative.

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

Senate and the amendment was concurred in.

Ordered, That the bill })e engrossed and read a third time.

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

On the question,

vShall the bill now pass?

( Yeas 20

It was determined in the affia-mative, ■] -fj„ . o

On motion b}' Mr. Burnett,

The yeas and nays ))eing desired by one-fifth of the Senators present.
Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett. Caperton, Dortch, Garland,
Graham, Hajnes, Henry, Hunter, Johnson of Missouri, Maxwell,



458 JOURNAL OF THE [Jan. 16, 1865,

Oldham, Semmes, Simms. Sparrow, Vest, Walker, Watson, and
Wig-fall.

Those who voted in the negative are,

Messrs. Barnwell and Hill.

So it was

Resolved., That this bill pass, and that the title thereof be "An act
to provide for the appointment of a general in chief of the armies of
the Confederate States."

Ordered^ That the Secretarj^ request the concurrence of the House
of Representatives therein.

Mr. Caperton submitted the following- resolution for consideration:

Resolved {the House of Representatives concurring), That if the President will assign
General J. E. Johnston to the command of the Army of Tennessee, it will, in the
opinion of the Congress of the Confederate States, be hailed with joy by the Array,
and will restore confidence to the country.

The Senate proceeded to consider the said resolution;

When,

Mr. Caperton called for the question;

And the question being- put.

Is the call for the question seconded i

It was determined in the affirmative, - m„ „ 9

On motion l)y Mr. Sparrow,

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

Those who voted in the affirmative are,

Messrs. Brown, Burnett, Capei-ton, Dortrh, Garland, Haynes,
Henrv, .Johnson of Missouri, Maxwell, Oldham, Simms, Walker, and
Wig-fall.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Graham. Hill, Hunter, Semmes, Sparrow,
Vest, and Watson.

So the call for the question was seconded;

And the pending question being then put, viz:

Will the Senate agree to the said resolution?

It was determined in the affirmative, j ]sJ„.^o " ' 5

On motion by jNIr. Walker,

The 3'eas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Burnett, Caperton, Dortch, Garland, Graham,
Havnes, Henrv, Hunter, Johnson of Missouri, Oldham, Simms, Vest,
Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Hill, Maxwell, Senuncs, and Sparrow.

So the resolution was agreed to. •

Ordered^ That the Secretary request the concurrence of tiie House
of Representatives therein.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Brown, from the Committee on Naval Att'airs, to whom was
referred (on the 9th in,stant) the nomination of Allen C. Izard, to be



Jan. 16, 1865.] SENATE. 459

iirst lieutenant in the Provisional Navy, reported, with the recom-
mendation that said nomination be confirmed.

The Senate proceeded to consider said report; and

On motion b}" Mr. Brown,

Ordered^ That it lie upon the table.

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

1.] Executive Department, Confederate States op America,

Richmond, Januartj 14, 1865.
To the Senate of the Confederate Slates:

Agreeably to the recommendation of the Secretary of War, I nominate W. F.
Drinkard, of Virginia, to be a military storekeeper of ordnance (under act approved
August 21, 1861), with pay and allowance of captain of infantry in the Army of the
Confederate States of America.

JEFFERSON DAVIS.

No. 45.] War Department, Confederate State.s of America,

Richmond, December 5, 1864-
Sir: I have the honor to recommend the nomination of W. F. Drinkard, of Vir-
ginia, to be a military storekeeper of ordnance (under act approved August 21, 1861),
with pay and allowance of captain of infantry in the Army of the Confederate States
of America, vice W. N. Smith, resigned, to rank from July 23, 1864.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

2.] Executive Department, Confederate States of America,

Richmond, January 14, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Walter
Weir, of Virginia, to be an assistant adjutant-general, with the rank of captain in the
Provisional Armv of the Confederate States of America.

JEFFERSON DAVIS.

No. 134.] War Department, Confederate States of America,

Richmond, January 5, 1865.
Sir: I have the honor to recommend the nomination of Walter Weir, of Virginia,
to be assistant adjutant-general, with the rank of captain in the Provisional Army
of the Confederate States of America, for duty Johnson's (B. R. ) old brigade, Army
of Northern Virginia, to rank from December 27, 1864.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
To His Excellency Jefferson Davis, Secretary of War.

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

Richmond, January 14, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretar}'^ of War, I nominate the ofhcers
on the accompanying list to the grades affixed to their names, respectively.

JEFFERSON DAV^IS.

No. 152.] AVar Department, Confederate States of America,

Richmond, January 13, 1865.
Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Swrgec/ns.

Asst. Surg. Thomas E. Williams, of Virginia, to be surgeon, to rank from Novem-
ber 3, 1864.

Asst. Surg. Benjamin W. Sparks, of Georgia, to be surgeon, to rank from November
5, 1864.

Asst. Surg. L. Jackson, of Virginia, to be surgeon, to rank from November 10, 1864.

Asst. Surg. Alf . S. Patrick, of Virginia, to be surgeon, to rank from November 14, 1864.



460 JOURNAL OF THE [Jan. 16, 1865.

Asst. Surg. Benjamin A. Cheek, of North C-arolina, to be surgeon, to rank from
November 15, 1864.

Asst. Surg. James T. Cropp. of Virginia, to l)e surgeon, to rank from November
28, 1864.

Asst. Surg. William J. Barry, of Maryland, to be surgeon, to rank from October 1,
1864.

Asst. Surg. J. C. Maxwell, of South Carolina, to be surgeon, to rank from Octo-
ber 7, 1864.

Asst. Surg. T. S. Latimer, of Georgia, to be surgeon, to rank from October 17, 1864.

Asst. Surg. R. G. Carlisle, of South Carolina, to be surgeon, to rank from October
22, 1864.

Asst. Surg. John D. Patton, of South Carolina, to be surgeon, to rank from Octo-
ber 26, 1864.

Asst. Surg. D. J. Roberts, of Tennessee, to be surgeon, to rank from June 6, 1863.

Asst. Surg. G. T. Purslev, of Arkansas, to be surgeon, to rank from Februarv 9,
1863.

Asst. Surg. W. H. Richardson, of Louisiana, to be surgeon, to rank from September
3, 1864.

Asst. Surg. John P. Wall, of Florida, to be surgeon, to rank from October 17, 1864.

Asst. Surg. William M. Wilson, of Missouri, to be surgeon, to rank from October
20, 1864.

Asst. Surg. John L. Vertrees, of Kentucky, to be surgeon, to rank from October 27,
1864.

Asst. Surg. W. H. Bramblitt, of Virginia, to be surgeon, to rank from November
11, 1864.

Asst. Surg. John O. Scott, of Kentuckv, to be surgeon, to rank from October 11,
1864.

Asst. Surg. Jos. J. Murray, of South Carolina, to be surgeon, to rank from Febru-
ary 7, 1863.

Asst. Surg. D. A. Linthicum, of Kentuckv, to be surgeon, to rank from October
15, 1861.

Asst. Surg. G. W. Carrington, of Virginia, to be surgeon, to rank from December
5, 1864.

Asst. Surg. I. I). Thomson, of Maryland, to be surgeon, to rank from December
20, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.

To His Excellency Jefferson Davis,

President, etc.

5.] P^XBCUTivE Department, Confederate States of America,

Richmond, January 14, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, 1 nominate E. W.
Mumford, of Tennessee, to be member of military court, with rank of colonel of
cavalry in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 157.] War Department, Confeder.\te States of America,

Richmond, January 14, 1865.



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