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

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Representative in Congress from the State of Texas, together with the proceedings of
the House thereon.

Mr. Wigfall submitted the following resolutions; which were con-
sidered and agreed to:

Resolved, That the Senate has received, with deep sensibility, the message from
the House of Representatives announcing the death of the Honorable Simpson H.
Morgan, late a l\e})res('ntative from the State of Texa.s.

Resolrcd, That the Secretary l)e directed to communicate a copy of the foregoing
resolution to the family of the deceased.

Resolred, Tiiat, in token of respect for the memory of tlie deceased, the Senate do
now adjourn.

Whereupon,

The Senate adjourned.



Jan. 19, 1S65.] SENATE. 469

THURSDAY, January 19, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives Imve passed a resolution providing
for the appointment of a joint comnuttee of the two Houses to prepare an address
to the people of the Confederate States; in which they request the concurrence of
the Senate.

The House of Representatives have agreed to the resolution of the Senate provid-
ing for the appointment of a joint committee to investigate the condition and treat-
ment of prisoners of war held by the Co'nfederate and United States Governments;
and have appointed as the committee on their part, Messrs. Marshall, Perkins,
Gilmer, Clark, and Funsten.

The Speaker of the House of Representatives having signed sundry 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, reported

A bill (S. 163) to authorize the appointment of additional officers in
the Engineer Corps;
which was read and passed to a second reading.

Mr. Johnson of Missouri, from the C^omujittee on Indian Affairs,
to whom was referred the bill (H. R. 308) to provide more effectually
for carrying out certain stipulations in the treaty made with the
Cherokee Nation of Indians, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill; 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 Senate proceeded to consider the resolution of the House of
Representatives providing for the appointment of a joint committee
of the two Houses to prepare an address to the people of the Confed-
erate States; and

The resolution having been amended by ffUing the blank therein
with "three," it was

Resolved, That it pass with an amendment.

Ordered^ That the Secretary request the concurrence of the House
of Representatives in the amendment.

Mr. Dortch, from the committee, reported that the}' had examined
and found truly enrolled bills of the following titles:

H. R. 302. An act to amend an act approved August 21„ 1861,
entitled "An act to provide for local defense and special service," and
an act approved October 13, 1862, entitled "An act to authorize the
formation of volunteer companies for local defense;"

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 the sequestration of the estates, property, and
effects of alien enemies, and for indemnity of citizens of the Con-
federate States and persons aiding the same in the existing war with
the United States,' approved August thirtieth, eighteen hundred and
sixty-one;"



470 JOURNAL OF THE [Jan. 19, 1S65.

S. 122. An act regulating the compensation of postmasters, special
agents, and route agents;

S. 130. An act to authorize newspapers to be mailed to soldiers free
of postage;

S. 132. An act to regulate the supplies of clothing to midshipmen of
the Navy;

S. 141. An act to increase the pay of noncommissioned officers, pri-
vates, and musicians of the Marine Corps;

S. 142. An act to increase the number of acting midshipmen in the
Nav3% and to prescribe the mode of appointment;

S. 143. An act to authorize the emplo3'ment of instructors for the
acting midshipmen of the Nav}', and to regulate their pa}^;

S. 145. An act to authorize the appointment of naval constructors in
the Provisional Navy, and to lix 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 Indians in North Carolina," approved Ma}" 1, 1863.

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

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. K. 273) to authorize the consolidation of com-
panies, battalions, and regiments.

On motion by Mr. Vest, to amend the bill by striking out, section 2,
lines 13, 14, 15, 10, and 17, the words

The general oomman<ling is hereby authorized, in his discretion, to appoint a lK)ard,
composed of three general officers, and to recjuirc from said hoard a report upon the
qnahtications and litness of the officers whom lie proi)Oses to recommend,

It was determined in the affirmative.

On motion by Mr. Vest, to amend the bill by Inserting after "shall,"'
section 2, line .5, "upon the recommendation of the brigadier-general
or other officer commanding each brigade,-'

It was determined in the affirmative.

On motion by Mi-. Johnson of Missouri, to amend the liill by strik-
ing out of the fourth section the following proviso:

And provided further, That the general commanding is authorized, in his discretion,
to appoint a board, to be com]>osed of three general officers, an<l require from said
board a report upon the (jualifications and litness of any officer after his exchange,

It was determined in the affirmative.

On motion by Mr. Baker, to amend the bill by inserting after "act."
section 5, line 4, "or in case of prisoners of war, within sixty daj's
after being exchanged,""

It was determined in the affirmative.

On motion by Mr. Walker, to amend the l)ill by inserting the folloAs -
ing independent section:

Sec. 9. That hereafter all j)romotions in companies, battalions, and regiments shall
be by selection in the manner pointed out by the secon<l section of this act,

It was determined in the aliirmative.

On the question to agree to the following reported amendment, viz:
Strike out all after the enacting clause and insert:

Tliat whenever any comj)anies which are now in the service shall be so reduced
as to number less than thirty-two men, rank ami file, present and fit for duty, and
when it shall be proved, to the satisfaction oi the Secretary of War or of the general



Jiin. 19, 1865.] SENATE. 471

commanding the department of the Army in which said companies may be serving,
that they can not l)e recruited to that number within a reasonable time, the general
commanding said department or army shall, under general regulations to be issued
by the Secretary of War, disband such companies.

Sec. 2. That new companies may l)e organized from the noncommissioned officers
and i)rivates of the companies thus disbanded, if they are from the same State, hav-
ing the number, rank and tile, now fixed by law; and the commissioned officers of
said comjianies thus organized shall be one captain and one first and one second
lieutenant, and the noncommissioned officers four sergeants and four corporals.

Sec. 8. That companies, if they are from the same State, may ])e organized into
battalions and regiments; and officers for said companies, battalions, and regiments
shall be iunnediately designated and placed on duty therein by the general command-
ing the department or the army in whit-h the disbanded companies may have been
serving, and officers thus designated shall continue to servff until officers shall be
api)ointed Ijy the President, by and with the advice and consent of the Senate;
and all selections of officers made by the general, to command said new organizations,
or appointments l)y the President therefor as herein provided, shall be from the
commissioned officers of the companies, battalions, or regiments from which the new
organizations were formed, or from such noncommissioned officers or privates thereof
as may have been distinguished for meritorious and soldierly conduct, or for valor or
skill; and the certificate of the colonel C(nnmanding the battalion or regiment in
which sai<l noncommissioned officers or privates may have served, that he has been
so distinguished, if approved by the brigade and division commanders, shall be suffi-
cient proof thereof.

Sec. 4. That the officers of companies, battalions, and regiments which may be
disbanded as herein provided, and who may not be selected and appointed as required
by this at;t, shall be dropped from the rolls as supernumerary officers; but such offi-
cers may, within a reasonable time, to be fixed by general orders to be issued by the
Secretary of War, as to troops in the States east of the Mississippi Kiver, and by the
general conniianding the department west of the Mississippi River as to troops therein,
organize themselves into companies, battalions, and regiments, the officers to which
shall be appointed by the President, with the advice and consent of the Senate, or
said officiM's may volunteer into any company belonging to the department in which
they last served, of any arm of the service; and all officers who may, within three
months after the date of the order disbandinj^ the company, battalion, or regiment
to which he may have belonged, volunteer and enlist in such new organizations or in
other companies, as authorized herein, shall receive, from the time they were dropped
as supernumeraries, for twelve months, pay at the rate their grade entitles them to
at the time they were so dropped.

Sec. 5. That hereafter all promotions in companies, battalions, and regiments shall
be by selection, in the manner pointed out by the third section of this act, and all
officers who may have belonged to the disbanded organizations, and Avho may be
appointed to the same grade in the new which they held in the old organizations,
sliall take rank from the date of their first commission or appointment; and hereafter
should the new companies organized under the provisions of this act become reduced
in numljer so as to have less than thirty-two men, rank and file, present and fit for
duty, and a vacancy should occur in the office of second lieutenant, the same shall not
l)e filled; and should it be recUiced l)elow the number of sixteen, then a vacancy in
the office of first lieutenant siiall not be filled.

Sec. 6. That the offices of adjutants and ensigns of battalions and regiments are
herel)y abolished, and hereafter the officer commanding a battalion or regiment may
a.ssign any subaltern of the line, belonging to his command, to serve as adjutant, and
said subaltern while so serving, shall receive, in addition to his pay and allowances,
thirty dollars per month; and the officer commanding shall also assign, to act as
color bearer, a noncommissioned officer or private from his conmiand, who may be
distinguished for meritorious or soldierly conduct, or for valor or skill, and said non-
commissioned officer or private, whilst so acting, shall receive the pay of a first lieu-
tenant.

Sec. 7. That the names of battalions and regiments organized under the provisions
of this act shall be the names of the old battalions and regiments from which the
new were formed, and the colors of the oldest battalion or regiment forming the new,
shall be the colors of the new organization, and the colors of the other battalions and
regiments shall be transmitted, by the Secretary of War, to the governors of the
respective States, with a statement of the battles in which the battalion or regiment
to which they belong may have borne a part.

Sec. 8. That all staff, line, and other officers who may not have any command, or
who may not at any time be on duty for a period exceeding thirty days, unless they



472 JotJKNAL OF THE [Jan. 19, 1865.

belong to the invalid corps, or are prisoners of war, or are sick or wounded, or absent
by leave of the Secretary of War or the general conuiianding the department or army
to which they belong, shall be dropped from the rolls and held to service as now
provided by law.

Sec. 9. That prisoners of war may, within sixty days after their exchange, avail
themselves of the provisions of the section of this act, and hereafter when com-

missioned officers of comj^anies, battalions, or regiments may be captured by the
enemy, the general commanding the department or army to which they belong may
designate, or the President may appoint, other officers to fill their places as provided
in tins act, to serve with temporary rank and command, to be held only until the
return of said officers so captured.

On motion b}^ Mr. Sparrow, to amend the amendment b}- striking-
out " disband," section 1, line 10, and insert "consolidate,"

It was determined in the affirmative.

On motion b}' Mr. Wi^fall, to amend the amendment by striking out
"shall,'' section 1, line 10, and inserting "may,"

It was determined in the negative.

On motion l\v Mr. Sparrow, to amend the amendment by striking
out "disbanded," section 3, line 5, and inserting after "companies,'"
in the same line, the words "before con.solidation,""

It was determined in the affirmative.

On motion In^ Mr. Graham, to amend the amendment b}' striking-
out "three months,'- section 4, line 11, and inserting "thirtj' days,"

It was determined in the affirmative.

The reported amendmetit having Ijeen further amended.

After debate,

On motion l)y Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened.

On motion by IVlr. Garland,

The Senate adjourned.

EXECUTIYE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the Gth lUtimo) the nomination of A. W. Stark, to
l)e lieutenant-colonel of artillerA', reported, with the i-ccomniendation
thaf said nomination l)e continued.

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

Resolved^ Tliat the Senate do advise and consent to his ai)point-
ment, atrreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the 21st ultimo) the nomination of Samuel L. Welch,
to be surgeon, reported, with the recoumiondation that said nomina-
tion be continued.

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

liesolrtd, That the Senate do advise and consent to his appointment.
agreea])ly to the nomination of the President.

Mr. Sparrow, from the Connnittec on Military Affairs, to whom
Avere referred (on the 2Hth ultimo) the nominations of M. K. Hall,
W. II. Weems, W. R. Moore, J. B. Bil)b, and R. K. Lewis, to be
colonels; O. A. Brad.-.haw and G. W. Arnold, to be lieutenant-colonels;
Jos. Bostick. M. D. Jones, J. N. Shedd, and J. Wilcox Brown, to be
majors; R. H. Glenn and J. Mcllenry, jr., to be captahis; J. M. Payne



Jan. 19, ISUS.] SENATE. 473

and W. M, Fontaine, to be first lieutenants; N. M. Osborne, J. T. All}^!,
J. Howard Smith, J. J. Hay, J. M. Armistead, P. B. Dallas, Percy
Pell, J. W. Carrinoton, Jos/Packaixl, jr., J. B. Prince, T. B. Bailey,
N. H. Hazlewood, Thomas C. Pinckard, W. T. Weaver, J. G. Garrett,
and C. H. Withrow, to be second lieutenants of artillery, for ordnance
duty; Eli Duvall, to be first lieutenant and signal officer, reported,
with the recommendation that all of said nominations be confirmed.

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

Resolved., That the Senate do advise and consent to their appoint-
ment, ag'reea})ly to the nomination of the President.

Mr. Sparrow, from the Conunittee on Military Affairs, to whom
were referred (on the 3d instant) the nominations of M. S. Langhorne
and James Aiken, to be colonels; E. H. Armistead and J. S. Cone, to
be lieutenant-colonels; T. A. Martin, T. McC. Prince, and W. H. Burr,
to be majors, reported, with the recommendation that all of said nomi-
nations l)e confirmed.

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

Resolved., That the Senate do advise and consent to their appoint-
ment, agreeabl}" to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the l>th instant) the nomination of Warren M. Hop-
kins, to be colonel of cavah-y, reported, with the recommendation that
said nomination be confirmed.

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

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

Mr. Sparrow, from the Conunittee on Militar}^ Affairs, to whom
were referred (on the 16th instant) the nominations of E. W. Mumf ord,
to be member of military court, with rank of colonel of cavalry;
Nathan (Tregg, Waters B. Jones, W. B. Wooldridge, W. C. Clifton,
A. M. Nelson, R. O. Reynolds, D. G. Cowand, J. R. Winston, and
J. T. Morehead, to be colonels; James A. Rhea, William H. Hulsey,
W. H. tl. Cowles, and R. L. Maury, to be lieutenant-colonels; T. C.
Beckham, G. M. Norment, L. P. Thomas, Baker P. Lee, J. H. John-
son, M. D. L. McLeod, W. W. Bentley, F. C. Smith, F. H. De Graffen-
ried, and T. B. Graham, to be majors; E. W. Watson, Joseph Clegg,
and R. L. McCaughrin, to be adjutants, with rank of first lieutenant;
Thomas E. Williams, Benjamin W. Sparks, L. Jackson, Alf. S. Pat-
rick, Benjamin A. Cheek, James T. Cropp, William J. Barry, J. C.
Maxwell, T. S. Latimer, R. C. Carlisle, John D. Patton, D. J. Rob-
erts, G. T. Pursley, W. H. Richardson, John P. Wall, William M.
Wilson, John L. Vertrees, W. H. Bramblitt, John O. Scott, Jos. J.
Murray, D. A. Linthicum, G. W. Carrington, and I. D. Thomson, to
be surgeons, reported, with the recommendation that all of said nomi-
nations be confirmed.

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

Resolved, That the Senate do advise and consent to their appoint-
ment, agreeably to the nomination of the President.

Mr. Baker, from the Conunittee on Post-Offices and Post-Roads, to
whom were refej'red (respectively on the 9th and 16th instant) the



474 JOURNAL OF THE [Jan. 20, 1S05.

nominations of William W, Jones, Charles Aunspauffh, John M,
Springs, W. H. Mann, and A. Sutherland, to be ])ostmasters, reported,
with the recommendation that said nominations be conHrmed.

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

Remlced^ That the Senate do advise and consent to all of said
appointments, agreeabl}^ to the nomination of the President.

On motion by Mr. Garland,

The Senate resolved into open legislative session.

FRIDAY, January 20, 1865.

OPEN SESSION.

On motion by Mr. Maxwell,

Ordrred., That John W. Anderson, recording- clerk of the Senate,
have leave of absence until Saturday, the 2()th day of February
next [6"/('].

Mr. Hill presented the proceedings of a meeting of the citizens of
Pike and Spalding counties, in the State of Georgia, setting forth
that they had been deprived of the means of subsistence by the burn-
ing of wheat, corn, fodder, oats, and rice by the Confederate troops
on their late retreat from Lovejoy's Station, and urging the governor
of that State to request the President to allow them to draw the tithe
corn and fodder from the Government storehouses in Griffin and
Barnesville; which were referred to the Committee on Military
Affairs. . ^

Mr. Senunes, fi-om the Committee on Finance, to whom was referred
a communication from the Secretary of the Treasury on the subject,
report(Ml

A bill (S. 164) to extend the jurisdiction of the State tax collector
of Mississippi over eastern Louisiana;

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."

(h-dci'cd. That it be engrossed and read a third time.

The said bill was read the third time.

Rtsoh'xl^ That it pass, and that tlie title thereof be as aforesaid.

< h'd( iu'<U 'I'liat the Secretary request the concurrence of the House
of Representatives therein.

Mr. Senunes, from the Committee on Finance, to whom was referred
the l)ill (H. R. 830) to authorize the establishment of an office of
deposit in connection with the Treasur}^ reported it with amend-
ments.

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

Ordered^ That the amendnuMits be engrossed and the l)ill read a
third time.

The said bill as amended was read the third tinn^

Rewlved, That it pass with amendments.

Ordered^ That the Secretary reijuest the concurrence of tlie House
of Representatives in the amendments.



Jan. 20, 18G5.] . SENATE. 475

Mr. Sparrow, from the Committee on Militar}" Affairs, reported

A bill (8. 165) to amend the act entitled ''An act to organize forces
to serv^e during the Avar,'' approved February 17, 1864;
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 Secretar}^ request the concurrence of the House
of Representatives therein.

Mr. Caperton, from the committee, reported that they had examined
and found trulv enrolled l)ills and a joint resolution of the following
titles:

H. R. 310. An act amendatory of the act entitled "An act to pro-
vide for the organization of the Arkansas and Red River Superinten-
dency of Indian affairs, to regulate trade and intercourse with the
Indians therein, and to preserve peace on the frontiers,-' approved
April 8, 1862;

S. 161. An act' to increase, for a limited period, the salary of the
Vice-President; and

S. 23. Joint resolution requesting the President to appoint a da}' of
fasting, humiliation, and prater, with thanksgiving.

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

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

Mr. Premleni: The House uf Representatives have passed l)ills of the Senate of the
following titles:

8. 100. An act to amend the act to provide an invalid corps, approved February
17, 1864; and

8. 165. An act to amend the act entitled "An act to organize forces to serve during
the war," approved February 17, 1864, the first named with amendments; in which
they request the concurrence of the Senate.

The Speaker of the House of Representatives having signed sundry enrolled bills
and an enrolled joint resolution, I am directed to bring them to the Senate for the
signature of their President.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 273) to authorize the consolidation of companies,
battalions, and regiments.

The question being on agreeing to the amendment reported from the
Conmiittee on Military Affairs, as amended,

A motion was made by Mr. Graham, to amend the said amendment
by striking out, section 5, lines 1, 2, and 3, the words ''Hereafter all
promotions in companies, battalions, and regiments shall be ])y selection,
in the manner pointed out b}' the third section of this act, and;" and

On the question to agree thereto.

The yeas were 9 and the nays were 9.

The Senate being equally divided, the Vice-President determined the
question in the affirmative.

So the amendment was agreed to.

On motion by Mr. Walker, to amend the amendment by inserting
after "That," section 5, line 1, the words "hereafter all vacancies in



476 JOURNAL OF THE [Jan. 21, 1865.

the office of second lieutenant shall be filled b^^ selection, in the manner
pointed out by the third section of this act; and,"

It was determined in the affirmative.



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