Confederate States of America. Congress.

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

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Richmond, January IS, 1865.
Sir: I have the honor to reconiniend the nomination of John N. Logan, of South
Carolina, to be an assistant commissary, with rank of captain in the Provisional Army
of the Confederate States of America, for duty with Hampton Legion (cavalry), to
rank from January 13, 1865.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jeffer.son Davis,

President, etc.

5.] Executive Department, Confederate States of A.merica,

Riclnnoiid, January lH, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate N. Owings,
of Maryland, to be an assistant (|uartennaster, with the rank of cajjtain in the Pro-
visional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 154.] War Department, Confederate States of America,

Richmond, January IS, 1865.
Sir: I have the honor to recommend the nomination of N. Owings, of Maryland,
to be an assistant <juarterma-ster, with rank of captain in the Provisional Army of
the Confederate States of America, for duty with Second Maryland Battahon Cav-
alry (an original vacancy), to date from January 6, 1865.
I am, sir, respectfullv, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

6.] Executive Department, Confederate States of America,

Richmond, January 21, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate M. G.
Lumpkin, of Georgia, to be major in the Subsistence Department, Provisional xVrmy
of the Confederate States of America.

JEFFERSON DAVIS.

No. 164.] War Department, Confederate f>TATEs of America,

Richn'ond, January 21, 1865.
Sir: I have the honor to recommend the nomination of M. G. Lumpkin, of
Georgia, to be major in the Subsistence Department, Provisional Army of the Con-



Jan. 24, 1865.] SENATE. 485

federate States of America, for duty with Young's cavalry brigade, Armj' of North-
ern Virginia (an original vacancy), to rank from January 14, 1865.
I am, sir, respectfuUv, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were read.

Ordered^ That they be referred to the (Committee on Militar}^ Affairs.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

TUESDAY, January 24, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a bill (H. R. 350) to
diminish the number of exemptions and details; in which they request the concur-
rence of the Senate.

Tlfe House of Representatives agree to the first amendment of the Senate to the
bill (H. R. 336) to authorize the establishment of an office of deposit in connection
with the Treasury, and disagree to the second amendment of the Senate to the said
bill.

The President of the Confederate States has notified the House of Representatives
that on the 16th instant he approved and signed an act (H. R. 306) to provide com-
missioned officers of the Army and Navy and Marine Corps with clothing.

And that on the 19th instant he approved and signed an act (H. R. 302) 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."

And that on the 20th instant he approved and signed an act (H. R. 310) amenda-
tory 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.

Mr. Walker presented a series of resolutions passed by the Mont-
gomery Annual Conference of the Methodist Church South, in rela-
tion to the exemption of certain classes of ministers from military
service; which were referred to the Committee on Military Affairs.

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

Resolved, That the President of the Confederate States of America be requested to
furnish the Senate —

First. With information as to the number of white men between the ages of eight-
een and forty-five, and of the number of negroes who, in addition to their own offi-
cers, may be required for the necessary employments and the proper discharge of
the functions of the Departments of Medicine, of tlie Commissary-General, of the
Quartermaster-General, of the Engineers, of the Ordnance, and of the Niter and
Mining Bureau;

Second. A like estimate as to the Post-Office and Navy Departments;

Third. A like estimate in regard to the railroad transportation of the country,
including not only the working, but the equipment, repairs, and construction in this
consideration of the number required for such transportation; and

Fourth. To specify the railroads, if there be any such, whose repairs and construc-
tion, in his opinion, will be necessary for military purposes and ought to be effected,
in whole or in part, by appropriations from the Confederate Treasury.

On motion by Mr. Baker,

Ordrrrd^ That the Conuuittee on Naval Affairs l)e discharged from
the further considei'ation of the bill (S. 120) to grant commutation and
allowances to naval storekeepers.



486 JOUKNAL OF THE [Jan. 24, 1865.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 229) to provide more effectually for the reduc-
tion and redemption of the currency; and

On motion by Mr. Semmes,

Ordered^ That the bill be transferred to the Secret Legislative
Calendar.

The bill (H. R. 350) received this day from the House of Repre-
sentatives for concurrence was read the first and second times and
referred to the Committee on Military Affairs.

On motion Iw Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having- been opened,

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

Mr. President: On the 23d instant the President of the Confederate States approved
and signed the following acts and joint resolution:

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

S. 128. An act to amend an act entitled "An act for the establishment and organi-
zation of the Army of the Confederate States of America," approved March 6, 1861;

S. 131. An act to regulate the pay of lieutenants in the Navy commanding bat-
teries on shore;

S. 165. An act to amend the act entitled "An act to organize forces to serve during
the war," approved February 17, 1864; and

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

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

On motion by ^h\ llaynes,
The Senate adjourned.

SECRET SESSION.

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

Mr. Premdent: The House of Representatives have ]iassed the joint resolution of
the Senate (S. 24) directing tlie transfer of certain funds from the Navy Department
to the Trea-sury.

A message from the President of the Confederate States, b}' Mr.
B. N. Harrison, his Secretary:

Mr. President: On the 23d instant the President of the Confederate States approved
and signed an act ( S. 157) t(i provide for the apiH)intment of a general in (;hief of the
armies of the Confederate States.

Ordr/'ed, That the Secretary inform the House of Representatives
thereof.

The Senate resumed, as in Committee of tiie Whole, the considera-
tion of the bill (H. R. 229) to provide more eff'ectuall}' for the reduc-
tion and redemption of the currency.

On motion by Mr. Semmes, to amend t\\o hill l)y inserting at the
end of the first section the words

which may attach to said notes so as to affect their circulation at jiar or diminish the
promise contained on their face, but the holder of said notes may be subjected to tax-
ation on account thereof to the .same extent and in the same manner as he may be
taxed for on account of other money.

It was determined in the affirmative.

The reported amendments having been agreed to,



Jan. 24, 1865.] SENATE. 487

On motion bj' Mr. Semmes, to amend the bill by inserting after
" shall," section 6, line 2, the words "after the war,"

It was determined in the affirmative.

On motion by Mr. Graham, to amend the bill by striking out the
words "currency as above provided, shall have been completed,"
section 8, line 5, and inserting the words "certificates hereby author-
ized to be issued,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by inserting at the
end of the eighth section the following proviso:

Provided, That Congress may, at its discretion, from time to time, make such mod-
ifications as to the mode of assessment and agency for the collection of said tax as
experience may suggest.

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill b}'^ striking out the
words "Treasury notes issued, or authorized to be issued, b}^ an act
to reduce the currency, and to authorize a new issue of notes and
bonds, approved Februar}^ seventeenth, eighteen hundred and sixty-
four," section 4, lines 4, 5, 6, and 7, and inserting the words "the
certificates herein authorized to be issued,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by striking out the
preamble,

It was determined in the affirmative.

No further amendment being proposed, the bill was reported to the
Senate and the amendments were concurred in.

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

The said bill as amended was read the third time.

Resolved^ That it pass with amendments.

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

Mr. Oldham (by leave) introduced

A bill (S. 167) to organize an executive corps of the Provisional
Army of the Confederate States;
which was read the first and second times; and

On motion by Mr, Oldham,

Ordered^ That it be referred to a select committee of three members,
to consider and report thereon.

On motion by Mr. Oldham,

Ordered, That the committee be appointed 1)}' the President pro
tempore; and

Mr. Oldham, Mr. Johnson of Missouri, and Mr. Hill were appointed.

On motion by Mr. Semmes,

Ordered^ That the injunction of secrec}^ be removed from the bill
(H. R. 229) to provide more effectually for the reduction and redemp-
tion of the currency, and from the proceedings of the Senate thereon.

On motion by Mr. Graham,

The Senate resolved into open legislative session.



488 JOURNAL OF THE [Jan. 25, 1865.

WEDNESDAY, January 25, 1865.

OPEN SESSION.

A message from the House of Representatives, b}' Mr. Dal ton:

Mr. President: The House of Representatives have passed bills and a joint resohi-
tion of the following titles, in which they request the concurrence of the Senate:

H. R. 346. An act providing for the discharge of soldiers in certain cases, and their
future exemjjtion from military service;

H. R. 348. An act to increase the compensation of marshals, criers, jurors, and
witnesses;

H. R. 351. An act to provide for certain claims due the State of North Carolina;

H. R. 352. An act to provide for certain claims due the State of Louisiana; and

H. R. 22. Joint resolution in regard to the Cotton Bureau in the Trans-Mississippi
Department.

The folh)wing- me.ssag'e was received from the President of the Con-
federate States, by Mr. B. N. Harrison, his Secretary:

7b the Senate of tlie Confederate States of America:

I feel constrained to return to the Senate, without my approval, an act which origi-
nated in your honorable body, entitled "An act to increase the number of acting mid-
shipmen in the Navy, and to provide the mode of ap])ointment."

The act provides that the additional acting midshiimien "shall be appointed under
the regulations prescribed l)y the Secretary of the Navy, as follows: One from each
Congressional district, upon the recommendation of the Representative in Congress;
two at large from each State, upon the recommendation of the Senators thereof, respec-
tively, and ten at large by the President."

The Constitution, in the second article, second section, second clause, after giving to
the I'resident iH)\ver to nominate, and by and with the advice and consent of the
Senate to apj)oint all officers of the Confederate States whose aitjiointnients are not
otherwise piovided for, adds, "Imt the Congress may, by law, vest tlie appointment
of such inferior officers, as they think proper, in the President alone, in the courts of
law, or in the heads ol departments."

The framers of the Constitution, in defming the powers of the several departments
of the (iovernment, took care to designate t!i« j)articular class of officers which the
two Houses of Congress may fill, and thus excluded the idea of power to make selec-
tions for any others.

By the tifth clause of Article I, section 2, the special power is given to the House
of Representatives "to choose their Speaker and other oHicers," the word "their"
being applicable not only to the Speaker, but to the "other officers."

In the thinl section of the same article the Senate is provided with a President not
chosen by themselves, to wit, the A' ice- President of the Confederate States, and is
then vested with ])()wer to "choose their f)ther officers."

By the act now l)efore me, however, the two Houses empower their respective
meml)ersto "choose" officers that are not "their officers" but officers of the Execu-
tive Department of the Government.

The language is not susceptible of any other meaning. The acting midshipmen
"sliall be appointed upon the recommendation" of the Representatives or Senators,
a.s the case may be.

But the Ctjustitution, by granting to Congress no other power over officers creatdl
by law than that of vesting the a]ipointment "in the I'resident alone, in the courts
of law, or in the heads of departments," thus withholds from that branch of the
Government any i)articipation in such appointments.

But it may be remarked that this act gives the jjower of making the proposed
appointments not to Congress as a body, but to the indivi(hial nieml)ersof the two
Houses, and that it is thus in conllict with the spiiit and intent of the first clause of
the sixth section of the first article of the Constitution, which enumerates the privi-
leges accorded to Representatives and Senators indivitlually. These privileges are
carefully restricted to such as are necessary to enable them to discharge their duties
as legislators.

All other rights, powers, and privileges granted to Congress by the Constitution
are conferred on the body collectively, or on one of the two Houses.

The j>ower to mak(> selections for ai)pointmont to office is nowhere accorded in that
instrument to the Senators and Represi'utatives individually; and it is believed to be
an unquestioned principle of constitutional law that no legislation can add to the



Jan. 25, 1865.] SENATE. 489

power vested by the Constit jtion in any member of any one of the three departments
of Government.

The power of Congress to vest by law the appointment of inferior officers in the
President alone, or in the heads of departments, would seem to include a power to
restrict, limit, or partially confer the authority, or to divide it between several de-
partments, provided they be those which may constitutionally exercise the function.
But if the view of the Constitution which has been presented be correct, it is clear
that the Congress can not vest in itself any right to a participation in the selection
of officers of any class, save those of the two Houses. The language of the act
organizing the Navy is sometimes cited to support the opinion that acting midship-
men are not officers, but employees.

In the first section of that act the President is authorized to appoint certain com-
missioned officers, and to ^ Employ as many masters, midshipmen, engineers, naval
constructors, boatswains, gunners, carpenters, sailmakers, and other warrant and
petty officers and seamen as he may deem necessary," etc.

If it were conceded that acting midshipmen are not officers, the bill would not on
that account be the less lial)le, in my judgment, to the objections above set forth; for
it is as little in accordance with the letter and the spirit of the Constitution for the
members of Congress to partit'ipate in choosing employees as in choosing officers for
the executive or judicial departments.

It is repugnant to the whole theory of our republican institutions, which are based
on the fundamental idea of independent and distinct functions in each of the depart-
ments of Government— the Legislative, Executive, and Judicial; and evil conseciuences
must result from any departure from this principle.

But in no just sense can it be maintained that an acting midshipman is not an
officer of the Navy. The very clause in the law just referred to implies that he is
a "Avarrant officer;" but if there be doubt as to this, the question is decided by the
third section of the act of 21st April, 1862, which declares that " the warrant officers
shall be as follows: Twenty passed midshipmen, one hundred and six acting
midshipmen," etc.

The commissioned oflBcer is appointed liy and with the advice and consent of the
Senate; the next grade, the warrant officer, belongs to that class of inferior officers
which according to the Constitution may be established by law, and appointed by
the President alone, or the head of a department.

The midshipman is of this class. His appointment is authorized by law and his
promotion provided for by regulations. He can not be discharged or dismissed from
service at the pleasure of his commander, nor without delinquency on his part, as a
mere employee for temporary service.

His name is placed in the Navy Register, and the proper record kept of his entry
into service, to determine his rank, and in all relations to officers and seamen he is
entitled to be, and is, actually treated as an officer of the Navy.

The bill is returned in no spirit of unwillingness to receive the advice and recom-
mendations of members of Congress, which are recognized to be entitled to special
consideration, but from a sense of duty to constitutional obligations.

JEFFERSON DAVIS.

January 23, 1865.

The message was read.

The Senate proceeded to reconsider the bill (S. l-iS) to increase the
number of acting midshipmen in the Navy, and to prescribe the mode
of appointment, returned by the President with his objections; which
bill is in the following words:

An act to increase the number of acting midshipmen in the Navy, and to prescribe the mode of

appointment.

Tlie Congress of the Confederate States of America do enact, That the number of act-
ing midshipmen in the Navy shall be increased to one hundred and forty-two, who
shall be appointed under the regulations prescribed by the Secretary of the Navy, as
follows: One from each Congressional district, upon the recommendation of the
Representative in Congress; two at large from each State, upon the recommendation
of the Senators thereof, respectively, and ten at large by the President.

TH. S. BOCOCK,
Speaker of the House of Representatives.
R. M. T." HUNTER,
President of the Senate pro tempore.
1 certify that this act originated in the Senate.

JAMES H. NASH,

Sea'etary.



490 JOURNAL OF THE [Jan. 26, 1865.

On the question,

Shall this bill pass, the objections of the President to the contrary

notwithstanding ?

i Yeas - - - - - 15

It was determined in the affirmative, ■< xr ^ " ~ o

The vote having been taken by yeas and nays, as required by the
Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Garland, Graham, Haynes, Henry,
Johnson of Missouri, Maxwell, Oldham, Semmes, Sparrow, Walker,
Watson, and Wigfall.

Those who voted in the negative are,

Messrs, Hill, Hunter, and Vest.

So it was

Resolved,, That this bill pass, two-thirds of the Senators present
voting in favor thereof.

On motion b}' Mr. Brown,

Ordei'ed, That the Secretary communicate the said bill, the message
of the President returning the same to the Senate with his objections,
and the proceedings of the Senate thereon, to the House of Repre-
sentatives.

The bills and joint resolution received this daj^ from the House of
Representatives for concurrence were severall}' read the lirst and sec-
ond times; and

Ordered^ That the bill numbered 346 be referred to the Committee
on Military Ati'airs; that the bills numbered 351 and 352 be referred
to the Committee on Finance; and that the bill numbered 348 and the
joint resolution numbered 22 be referred to the Committee on the
Judiciary.

The Senate proceeded to consider their amendment, disagreed to bj'
the House of Representatives, to the bill (H. R. 336) to authorize the
establishment of an office of deposit in connection with the Treasury;
and.

On motion by Mr. Semmes,

Jicsolved, That the Senate insist on their amendment, disagreed to
l)y the House of Representatives, to the said bill, and ask a conference
on the disagreeing votes of the two Houses thereon.

On motion by Mr. Semmes,

Ordered,, That the committee of conference on the part of the
Senate be appointed by the President; and

Mr. Semmes, Mr. (iraham, and Mr. Oldham were appointed.

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

Mr. Sparrow, from the Committee on Military Affairs, reported

A bill (S. 168) to authorize the appointment of a commissary-gen-
eral, with the rank of a brigadier-general;
which was read and passed to a second reading.

On motion l)y Mr. Caperton,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Sparrow,

The Senate adjourned.



Jan. 25, 1865.] SENATE. 491

SECRET SESSION.

Mr. Caperton, from the select committee appointed by the two
Houses to inquire into our present and future means of public defense,
submitted a report (No. 6); which was read.

On motion by Mr. Sparrow,

The Senate resolved into executiv^e session.

EXECUTIVE SESSION.

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

1.] Executive Department, Confederate States op America,

Richmond, January 24, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the oflB.cers
on the accompanying list to the grades affixed to their names, respectively.

JEFFERSON DAVIS.

No. 166.] War Department, Confederate States op America,

Richmond, January 21, 1865.
Sir: I have the honor to recommend the following nominations for appointment in
the Provisional Army of the Confederate States of America:

Adjutants — first lieutenants.

John H. Leete, of Texas, to be adjutant First Texas Regiment, vice Lieutenant
Forsyth, retired, to rank from December 12, 1864.

William M. Thomas, of South Carolina, to be adjutant Seventh South Carolina
Battalion, vice Lieutenant Nelson, retired, to rank from December 17, 1864.

D. H. Halsey, of Alabama, to be adjutant Eleventh Alabama Cavalry Regiment (an
original vacancy), to rank from January 14, 1865.

Whitfield Scott, of Texas, to be adjutant Nineteenth Texas Cavalry Regiment, vice
Lieutenant Terrell, deceased, to rank from June 14, 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 op America,

Richmond, .fanuary 24, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt. W. W.
Barrett, of Texas, to be promoted to major in the Quartermaster's Department, Pro-
visional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 165.] War Department, Confederate States of America,

Richmond, January 21, 1865.
Sir: I have the honor to recommend the nomination of Capt. W. W. Barrett, of
Texas, to be promoted to major in the Quartermaster's Department, Provisional
Army of the Confederate States of America, report for duty to Gen. E. K. Smith,
to rank from January 6, 1865.

I am, sir, respectfully, vour obedient servant,



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