Confederate States of America. Congress.

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

. (page 61 of 104)
Online LibraryConfederate States of America. CongressJournal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) → online text (page 61 of 104)
Font size
QR-code for this ebook


On motion by Mr. Sparrow, to fill the blank in the second line of the
ninth section of the amendment with "fourth,"

It was determined in the affirmative.

On motion by Mr. Vest, to amend the amendment by striking- out
"and," section 3, line 6, and inserting:

Prorided, That the officers so designated for battalions and regiments shall first be
recommended by the officer commanding the brigade to which such consolidated
battalions or regiments may belong; and the officers for companies shall be recom-
mended by the colonel or other officer commanding the battalion or regiment to
which the companies consolidated may belong; and in the event that battalions or
regiments belonging to different brigades, or companies belonging to different liattal-
ions or regiments, shall be consolidated, then the commanding officers of both the
l)rigades, regiments, or Ijattalions may recommend the officers to be designated, and
the general commanding shall select from the officers so recommended,

It was determined in the affirmative.

On motion Ijy ^Ir. Sparrow, to reconsider the vote on disagreeing
to the following amendment proposed to the amendment l>v Mr.
Wigfall, to wit: Strike out "shall," section 1, line 9, and insert
"ma}',"

It was determined in the affirmative.

The Senate resumed the consideration of the said amendment; and

On the question to agree thereto.

It was determined in the affirmative.

The reported amendment as amended was then agreed to.

On motion by Mr. (xarland, that the further consideration of the
bill be postponed imtil Wednesday' next.

On motion by Mr. Henr}-,

The Senate adjourned.

SATURDAY, Jaxiakv L>1, 1865.

OPEN SESSION.

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

Mr. Presidt'iil: The House of Representatives have pass^ed a Senat« liill and joint
resolution of the following titles:

S. 131. An act to regulate the pay of lieutenants in the Navy commanding batteries
on shore; and

S. 21. Joint resf>lution of thanks to Brig. (Jen. Stand Watie, Colonel Gano, and the
officers and men under their command.

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 Tresident.

Mr. Baker submitted the following resolution; which was considered
and agreed to:

Rexolrcd, That the Sergeant-at-Arms be authorized to pay the accounts for postage
on all letters and newspapers directed to members of the Senate out of the contingent
fund of the Senate.

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

l-ienolved, That the Committee on Post-Offices and Post-Roads be instructed to
inquire whether any law or regulation, beyond those now established, is neces.sary
to insure the jtroinpt transmission to the postal authorities of the United States of
letters or other mail matter addressed to prisoners of w^r in the hands of the enemy.



Jan. 21, 1865.] SENATE. 477

Mr. Graham presented resolutions of the legislature of the State
of North Carolina in relation to the pay of disabled soldiers; in rela-
tion to brigading- certain North Carolina regiments, and in relation to
the expenses of the State incurred in the execution of the conscription
laws; which were severally read.

Ordered,, That they be referred to the Committee on Military Affairs
and printed.

Mr, Sparrow, from the Committee on Military Affairs, I'eported

A bill (S. 166) to amend an act entitled "An act to provide and
organize a general staff for armies in the field, to serve during the
war," approved June li, 1864;
which was read and passed to a second reading.

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 motion submitted by Mr.
Garland on yesterday, to postpone the further consideration of the
bill until Wednesday next,

Mr. Garland (by leave) withdrew the same; and

On motion by Mr. Garland,

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

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 100) to amend the act to provide an
invalid corps, approved February IT, 1861; and

On motion by Mr. Burnett,

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

On motion by Mr. Burnett,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion ])y Mr. Semmes,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed the bill of the Senate
(S. 157) to provide for the appointment of a general in chief of the armies of the
Confederate States.

And they have passed the resolution of the Senate in relation to the assignment of
Gen. J. E. Johnston to the command of the Army of Tennessee, with an amend-
ment; in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendment of the House of
Representatives to the resolution last mentioned; and

Mesolved,! That they concur therein.

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

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

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

Mr. Semmes, from the Committee on Finance, reported
A joint resolution (S. 21) directing the transfer of certain funds from
the Navy Department to the Treasury;



478 JOURNAL OF THE [Jan. 23, 1865.

which was read the first and second times and considered as in Com-
mittee of the Whole; and no amendment being proposed, it Avas reported
to the Senate.

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

The said resohition was read the third time.

Ri'wlved^ That it pass, and that the title thereof be as aforesaid.

(Ji'dered, That the Secretary request the concurrence of the House
of Representatives therein,

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

A bill (S. 157) to provide for the appointment of a general in chief
of the armies of the Confederate States.

The President pro tempore 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. Sparrow,

Ordered, That the injunction of secrecy be removed from the bill
(S. 157) to provide for the appointment of a general in chief of the
armies of the Confederate States.

On motion b}' ]\lr. Burnett,

Ordered, That the injunction of secrecy be removed from the reso-
lution in relation to the assignment of Gen. J. E. Johnston to the com-
mand of the Army of Tennessee.

On motion by Mr. Graham,

The Senate resolved into open legislative session.

MONDAY, January 23, 1865.

OPEN SESSION.

A message from the House of Representatives, b}^ Mr. Dalton:

Mr. Pnsi(J(iil: The Hougeof Representatives have passed ajoiiit resohition ( H. R. 21 )
of tlianks to Brig. Gen. John S. Williams and the ofiioers and inen nnder his com-
mand for their victory over the enemy at Saltville, Va., on the 2d day of October,
1804; in which they recjnest the concurrence of the Senate.

And they havejiassed Senate bills of the following titles:

S. 159. An act to secure more effectually the preservation and distribution of the
effects of deceased officers and soldiers; and

S. 1(54. An act to extend the jurisdiction of the State tax collector of Mississippi
over eastern Louisiana.

The House of Representatives have agreed to the amendment of the Senate to the
amendment of the House to the bill (S. HI) to authorize tfie President to appoint
ct)mmissioners for the exchange of prisoners.

And they have agreed to the amendment of the Senate to the resolution providing
for the appointment of a joint committee of the two Houses to prepare an address
to the people of the Confederate States; and have appointed, as the committee on
their part, Messrs. Miles, Rives, Sexton, Anderson, and Moore.

The President laid before the Senate a conununication from the
Secretary of the Treasury, asking an appropriation for the payment of
expenses incurred in carrying election returns of the Army of Ten-
nessee to the State of Arkansas; which was read.

(Ordered, That it be referred to the Conmiittee on Finance.

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

licxohrd, That the Committee on the Judiciary l)e instructed to inquire into the
expediency and i)ropriety of creating a new executive department of the Govern-



Jan. -3, 1865.] -SENATE. 479

ment of the Confederate States, to be styled the Home Department; to which shall
be intrusted the development, management, and control of the internal resources of
the Confederate States.

On motion by Mr. Watson,

Orde7'ed., That the committee on the part of the Senate, under the
resolution providino- for the appointment of a joint committee to
investigate the condition and treatment of prisoners of war held by
the Confederate and United States Governments, be appointed by the
President; and

Mr. Watson, Mr. Simms, and Mr. Caperton were appointed.

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

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

Resolved, That the President of the Confederate States be resi:)ectfully requested to
cause to be furnished, f(jr the information of the Senate, in secret session, statements
showing, as far as practicable — •

First. The number of commissioned and noncommissioned officers and privates on
the muster rolls of the Army now liable to military duty.

Second. Tlie number, rank and file, now present for duty.

Third. The number of otticers and privates absent from duty, with and without
leave.

Fourth. The number of officers and privates now in the hospitals and absent from
duty on sick leave.

Fifth. Tlie number of troops now on detached service, together with a statement
in what that service consists.

Sixth. The number of persons, liable to military duty, who have l^een detailed,
and on what necessities and for what objects such details have been made.

Seventh. The number of Confederate prisoners still in the hands of the enemy.

Eighth. The numl)er of officers and ])rivates who have ])een kille<l or have died of
disease, and tlie numljer rendered ijermanently unfit for service in the field by reason
of wounds or sickness.

On motion b}' Mr. Haynes,

(Jrdered, That the Committee on the Judiciary be discharged from
the further consideration of a resolution inquiring into the expediency
of atithorizing the pay due to prisoners in the hands of the enemy to
be drawn by parties properly empowered to draw the same.

The joint resolution (H. R. 21) this day received fi'om the House of
Representatives for concurrence was read the first and second times
and referred to the Committee on Military Affairs.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the joint resolution (H, R. 20) construing the act of January
30, 186-1:, increasing the compensation of certain othcers and employees
of the Government; and no amendment being proposed, it was reported
to the Senate.

On the question,

Shall the resolution be read a third time?

It was determined in the negative.

So the resolution Avas rejected.

Ordered^ That the Secretary inform the House of Representatives
thereof.

Mr. Sparrow, from the Committee on Military Affairs, to v/hom
were referred the amendments of the House of Representatives to the
bill (S. 100) to amend the act to provide an invalid corps, approved
February 17, 1864, reported them without amendment.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 100) last mentioned; and



480 JOURNAL OF THE [Jan. 23, 1865.

Resolved^ That the}' concur therein.

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

A message from the President of tlie Confederate States, by jVIr.
B. N. Harrison, his Secretar}^:

Mr. President: The President of the Confederate States, on the 16th instant,
approved and signed an act (S. 93) to amend an act entitled "An act to provide for
the safe custody, printing, publication, and distribution of the laws, and tv provide
for the appointment of an additional clerk in the Department of Justice," approved
August 5, 1861.

On the 19th instant he approved and signed the following acts:

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

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, privates, and
musicians of the Marine Corps;

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

S. 145. An act to authorize the appointment of naval constructors in the Pro-
visional Navy, and to fix their pay.

And on the 20th instant he approved and signed the following acts:

S. 89. An act to repeal a part of the twenty-sixth section of an act approved Feb-
ruary 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 indem-
nity of citizens of the Confederate States and i)ersons aiding the same in the existing
war with the United States,' approved August thirtieth, eighteen hundred and
sixty-one;"

S. 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 May 1, 1868; and.

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

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

Mr. Vest sulmiitted the following motioTi for consideration:

Ordered^ That the vote by which the Senate refused to pass to a
third reading tlic joint resolution (H. R. 20) construing the act of flan-
uary 30, 1S(>4, increasing the compensation of certain officers and
cmploj'ees of the Government be reconsidered.

Mr. Dortch, from the committee, reported that they had examined
and found truly enrolled bills and a joint resolution of the following
titles:

S. 112. An act to prescribe the pay and allowances of provost-mar-
shals and clerks of military courts;

S. ,128. An act to amend an act entitled "An act for the establish-
ment and organization of the Army of the Confederate States of
America," ap])roved ]\Iarch 0, 18(U;

S. 181. An act to regulate the pay of lieutenants in the Navy com-
manding l)atteries on shore;

S. 165. An act to amend the act entitled "An act to organ izc'forccs
to serve during the war,'' approved February 17, 1864; and

S. 21. Joint resolution of thanks to Brig. (Jen. Stand Watie, Colonel
Gano, and the officers and men under their connnand.

The President having signed the enrolled hills and enrolled joint
resolution last reported to have been examined, they wei'e delivered to
the Secretarj' of the Senate and by him forthwitl) presented to the
President of the Confederate States for his a[)proval.

The Senate resumed, as in Connnittee of tJie Whol(>, the consid-
eration of the bill (H. R. 273) to authorize the consolidation of com-
panies, l)attalions, and regiments,.



Jan. 23, 1865.] SENATE. 481

On motion by Mr. Baker, the vote on agreeing to the amendment
reported from the Committee on Military Affairs, as amended, was
reconsidered.

The Senate resumed the consideration of the said reported amend-
ment; and

On motion by Mr. Sparrow, to amend the amendment by inserting
after "served,'"' section 4, line 13, the words ''or to the State from
which the company or regiment to which the said officers belonged may
have come,"

It was determined in the affirmative.

A motion having been made by Mr. Sparrow, to reconsider the vote
on agreeing to the following amendment proposed to the reported
amendment ))y Mr. Graham, to wit: Strike out, section 5, lines 1, 2, and
3, the words " 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,"

On the question to agree thereto,

The yeas were 7 and the nays were 7.

The Senate being equally divided.

The Vice-President determined the question in the negative.

So the Senate refused to reconsider the said amendment.

On motion by INlr. Sparrow, to amend the reported amendment by
inserting at the end of the eighth section the following proviso:

Provided, That the President be, and lie ih liereby, authorized to assign any officers
thrown out of conunand by the operation of this act to vacancies in the staff, with
the rank held by them in the field,

It was determined in the affirmative.

On motion by Mr. Watson, to reconsider the vote on agreeing to
the following amendment proposed to the reported amendment by Mr.
Vest, to wit: Strike out the word '" and," section 3, line 6, and insert:

Provided, That the officers so designated for battalions and regiments shall first be
reconnuended by the officer commanding the brigjltle to which such consolidated
battalions or regiments may belong; and the officers for companies shall be recom-
mended by the colonel or other officer connnanding the battalion or regiment to
which the companies consolidated may belong; and in the event that battalions or
regiments belonging to different brigades, or companies belonging to different bat-
talions or regiments, shall be consolidated, then the commanding officers of both the
brigades, regiments, or battalions may recommend the officers to be designated, and
the general commanding shall select from the officers so recommended,

It was determined in the affirmative.

The Senate resumed the consideration of the said amendment; and
On the question to agree thereto,
It was determined in the negative.

On motion b}^ Mr. Maxwell, to amend the reported amendment by
inserting the following independent section:

Sec. 10. That when regiments, battalions, or companies shall have l)een consoli-
dated under the provisions of this act, no subsequent consolidation of the same shall
be made, unless by virtue of laws hereafter to be i^assed.

It was determined in the affirmative.

The reported amendment as amended was then agreed to.

No further amendment being pi'oposed, the bill was reported to the
Senate and the amendment was concurred in.

Ordtred, That the amendment be engrossed and the tnll lead a
third time.

c J— VOL 4—04 :31



482 JOUENAL OF THE [Jan. 23, 1865.

The said bill as amended was read the third time.

On the question,

Shall the bill now pass?

It was determined in the affirmative, \ ^ o

On motion by Mr. Vest,

The3'eas and nays being desired b}' one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Graham, Henr\%
Hunter, Maxwell, Semmes, Simms, Sparrow, and Watson.

Those who voted in the negativ e are,

Messrs. Haynes, Vest, and Wigfall.

So it was

Remlved^ That this bill pass with an amendment.

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

On motion by Mr. Semmes,

(irdct'ed^ That the committee on the part of the Senate, under the
resolution providing for the appointment of a joint committee of the
two Houses to prepare an address to the people of the Confederate
States, be appointed by the President; and

Mr. Graham, Mr. Walker, and Mr. Semmes were appointed.

Ordered^ That the Secretary inform the House of Representatives
thereof.

On motion by Mr. Burnett,

The Senate resolved into secret legislative session.

The doors having been opened.

On motion hy Mr. Sparrow,

The Senate adjourned.

SECRET SESSION.

On motion by Mr. Burnett.

Ordered^ That the injunction of secrecy be removed from the pro-
ceedings of the Senate on the bill (S. 1.57) to provide for the appoint-
ment of a general in chief of the armies of the Confederate States, and
on the resolution in relation to the assignment of Cjen. J. E. Johnston
to the connnand of the Army of Tennessee.

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

Richmond, Va., January 20, 1865.
To iJie Senate and House of Representatively:

I herewith transmit for your consideration a communication from the Secretary of
the Treasury, covering an estimate for an additional appropriation required for the
public service.

JEFFERSON DAVIS.

The message was read.

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

On motion by Mr, Sparrow,

The Senate resolved into executive session.



Jan. 23, 1865.] SENATE. 483

EXECUTIVE SESSION.

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

1.] Richmond, January 20, 1865,

To the Senate of the Confederate States:

Agreeably to the recommendation of the Attorney-General, I hereby nominate
B. F. Perry, to be judge of the district court of the Confederate States for the district
of South Carolina, in place of A. G. Magrath, resigned.

JEFFERSON DAVIS.

Department of Justice, Richmond, January 16, 1865.
To the President.

Sir: I have the honor to recommend the nomination to the Senate of B. F. Perry,
to be district judge of the Confederate States for the district of South Carolina, in
place of A. G. Magrath, resigned.

GEO. DAVIS,

Attorney- General.
The message was read.

Ordered., That it be referred to the Committee on the Judiciary.
The following messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:

2.] Executive Department, Confederate States of America,

Richmond, January 18, 1866.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen.
G. W. C. Lee, of Virginia, to be a major-general in the Provisional Army of the Con-
federate States of America.

JEFFERSON DAVIS.

No. 163.] War Department, Confederate States of America,

Richmond, January 18, 1865.
Sir: I have the honor to recommend the nomination of Brig. Gen. G. W. C. Lee,
of Virginia, to be a major-general in the Provisional Army of the Confederate States
of America, report to Gen. R. E. Lee, for assignment to dutv, to rank from October
20, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

3.] Executive Department, Confederate States of America,

Richmond, January IS, 1865.
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. 162.] War Department, Confederate States of America,

Richmond, January 18, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Colonel.

J. R. B. Burtwell, of Alabama, to be colonel of the Eleventh Alabama Cavalry
Regiment (formed, by special order, of independent companies) (an original vacancy) ,
to rank from January 14, 1865.



484 JOURNAL OF THE [Jan. 23, 1865.

Lieutenant-colonel.

John F. Doan, of Alabama, to be lieutenant-colonel Eleventh Alabama Cavalry
Regiment (see remarks under Colonel Burtwell's nomination), to rank from January
15, 1865.

Major.

Melville W. Sale, of Alabama, to be major Eleventh Alabama Cavalry Regiment
(see remarks under Colonel Burtwell's nomination), to rank from January 14, 1865.
I am, sir, respectfullv, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

4.] Executive Department, Confederate States of America,

RicJnnond, January 19, 1865.
To the Senate of the Confederate States:

Agreeabh^ to the recommendation of the Secretary of War, I nominate John N.
Logan, of South Carolina, to be an assistant commissary, with rank of captain in the
Provisional Armv of the Confederate States of America.

JEFFERSON DAVIS.

No. 161.] War Department, Confederate States of America,



Online LibraryConfederate States of America. CongressJournal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) → online text (page 61 of 104)