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JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.



492 JOUENAL OF THE [Jan. 25, 1865.

3.] Executive Department, Confederate States of America,

Richmond, January 34, 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. 168.] War Department, Confederate States of 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:

Aids-de-camp — first lieutenants.

William Winston, of Kentucky, to be aid to Brigadier-General Lyon, Department
of Western Kentucky (an original vacancy), to rank from June 14, 1864.

C. E. Royston, of Arkansas, to be aid to Brigadier-General Churchill, Trans-
Mississippi Department, vice Lieutenant Sevier, appointed captain, assistant adjutant-
general, to rank from June H, 1864.

Robert Brodnax, of Virginia, to be aid to Brigadier-General Waul, Trans-Missisaippi
Department (an original vacancy), to rank from October 25, 1864.

Charles Haigh, of North Carolina, to be aid to Lieutenant-General Holmes, vice
Lieutenant Brnadfoot, appointed lieutenant-colonel First Regiment North Carolina
Reserves, to rank from December 31, 1864.

I am, sir, respectfuUv, your obedient servant,

JAMES A. SEDDON,

Senrtary of War.
To His Excellency Jefferson Davis,

President, etc.

4.] ExECiTivE Department, Confederate States of America,

Richhiond, January 24, 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. 167.] War Department, Confederate States of America,

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

Colonels.

Lieut. Col. S. W. Davitte, of Georgia, to be colonel First Georgia Cavalry Regi-
ment, vice Colonel Morrison, resigned, to rank from April 15, 1864.

Capt. Thomas F. Toon, of North Carolina, to be colonel Twentieth North Carolina
Regiment, vice Colonel Iverson, appointed brigadier-general. Major Brooks, pro-
moted, and Lieutenant-Colonel Brooks, killed, to rank from May 12, 1864.

Ijieutenant-colonels.

Capt. George W. Shannon, of Mississippi, to be lieutenant-colonel Eleventh Missis-
sippi Regiment, vice Lieutenant-Colonel Lowry, resigned, and Major Reynolds, pro-
moted, to rank from December 1, 1864.

Capt. C. G. Campbell, of Kentucky, to be lieutenant-colonel Fifth Kentucky Cavalry
Regiment, vice Lieutenant-Colonel Thomson, dropjied, and Major Brent, killed, to
rank from July 4, 1863.

Jhij. \V. A. (iilliam, of Mrginia, to be lieutenant-colonel Sixtieth Virginia Regi-
ment, vice Lieutenant-Colonel Hammond, killed, to rank from May 9, 1864.

Majors.

Capt. S. H. Wilds, of South Carolina, to be major Twenty-first South Carolina
Regiment, vice Major Read, retired, to rank from October 10, 1864.

Cai)t. John W. Rierson, of Nortli Carolina, to lie major Fifty-third North Carolina
Regiment, vice Major Iredell, killed, to rank from May 10, 1864.

Capt. W. S. Rowan, of Virginia, to be major Sixtieth Virginia Regiment, vice
Major (jilliam, promoted, to rank from May 9, 1864.



Jan. 25, 1865.] SENATE. 493

Capt. J. F. Beall, of North Carolina, to be major Twenty-first North Carohna
Regiment, vice Major Pfohl, killed, to rank from October 19, 1864.
I am, sir, respectfully, your obedient servant,

JAME8 A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

5.] Executive Department, Confeder.\te States of America,

Richmond, January 24, 1S65.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt.
Isaac Shelby, of Kentucky, to be promoted to major in the Subsistence Department,
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 159.] War Department, Confederate States of America,

Richmond, January 17, 1865.
Sir: I have the honor to recommend the nomination of Capt. Isaac Shelby, of
Kentucky, to be promoted to major in the Subsistence Department, Provisional
Army of the Confederate States of America, for duty in Department of Western Vir-
ginia and East Tennessee, to rank from January 14, 1865.
I am, sir, respectfullv, your obedient servant,

JAMES A. SEDDON,

Secretary of Wdr.
To His Excellencj' Jefferson Davis,

President, etc.

6.] Executive Department, Confederate States of America,

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

Agreeably to the recommendation of the Secretary of War, I nominate Col. G. G.
Dibrell, of Tennessee, to be a brigadier-general in the Provisional Army of the Con-
federate States of America.

JEFFERSON DAVIS.

No. 170.] War Department, Confederate States of America,

Richmond, January 24, 1865.
Sir: I have the honor to recommend the nomination of Col. G. G. Dibrell, of Ten-
nessee, to be a brigadier-general in the Provisional Armj^ of the Confederate States
of America, to command a new cavalry brigade. Army of Tennessee, to rank from
July 26, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

7.] Executive Department, Confederate States of America,

Richmond, January 24, 18H.'>.
To the Senate of the Confederate States:

Agreealjly to the recommendation of the Secretary of War, I nominate W. M.
Inge, jf Mississippi, to be colonel Tenth Mississippi Cavalry Regiment, in the Pro-
visional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 160.] War Department, Confederate States of America,

Richmond, January 17, 1865.
Sir: I have the honor to recommend the nomination of W. M. Inge, of Mississippi,
to be colonel Tenth Mississippi Cavalry Regiment, in the Provisional Army of the
Confederate States of America (the regiment formed, by special order, of unattached
companies), to rank from January 17, 1865.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc,



494 JOURNAL OF THE [Jan. 26, 1865.

8.] Executive Department, Confederate States of America,

Richmond, January 84, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt. C. W.
Grandy, jr., of Virginia, to be promoted to major in the Quartermaster's Department,
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 169.] War Department, Confederate States of America,

Richmond, January 24, 1865.
Sir: I have the honor to recommend the nomination of Capt. C. W. Grandy, jr.,
of Virginia, to be promoted to major in the Quartermaster's Department, Provisional
Army of the Confederate States of America, for duty with Kirkland's brigade. Army
of Northern Virginia, to rank from January 19, 1865.
I am, sir, respectfully, vour obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severally read.

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

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.



THURSDAY, January 26, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed the bill of the Senate
(S. 134) to increase the maximum rates of compensation allowed to railroad com-
panies for the transportation of the mails of the Confederate States.

The Sf)eaker of the Hou.«e of Representatives having signed sundry enrolled bills,
I am directed to bring them to the Senate for the signature of their President.

The President laid before the Senate a communication from J. N.
Bethune, of the State of Georgia, in relation to the finances; which
was referred to the Committee on Finance.

The President laid before the Senate a communication from the Sec-
retary of the Treasury, asking an appropriation of one million of dol-
lars for the exchange or redemption of mutilated Treasur}^ notes of
the new issue; whicli was read.

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

The President laid before the Senate the annual report of the Com-
missioner of Patents; which was referred to the Committee on Patents.

Mr. Caperton presented a series of resolutions passed at a meeting
of the Fourteenth Regiment of Virginia Infantry, in relation to the
condition of the country and the conduct of the war; which were read.

Ord< red. That they lie upon the table and be printed.

Mr. Hill presented a communication addressed to the members of
Congress from the State of Georgia by the adjutants of certain regi-
ments and battalions from that State, in relation to their i-ank and pay;
which were referred to the Committee on Military Affairs.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the joint resolution (II. R. 21) of thanks to Brig. Gen. John
S. Williams and the othcers and men under his command for their
victory over the enemy at Saltville, Va., on the 2d day of October, 1864,
reported it without amendment.



Jan. 26, 1865.] SENATE. 495

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 120) to ^rant commutation and allowances to
naval storekeepers.

On motion by Mr. Maxwell, to amend the bill hy striking out all
after the enacting clause and inserting:

That the compensation allowed to naval storekeepers shall be increased to three
thousand five hundred dollars for one year from the passage of this act,

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 be engrossed and read a third time.

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

Resolved^ That it pass, and that the title thereof be "An act to
increase the compensation of naval storekeepers for a limited period."

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 2-1:2) to provide for sequestrating the property
of persons liable to militar}- service who have departed, or shall depart,
from the Confederate States without permission; and

On motion by Mr. Walker,

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

The bill (S. 103) to authorize the appointment of additional officers
in the Engineer Corps was read the second time and considered as in
Committee 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.

Resolmd, That it pass, and that the title thereof be as aforesaid.

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

The bill (S. 166) to amend an act entitled "An act to provide and
organize a general staff for armies in tlie field, to serve during the
war," approved June 14, 1861, was read the second time and consid-
ered as in Committee of the Whole.

On motion by Mr. Wigfall, that the bill be recommitted to the Com-
mittee on Military Affairs,

It was determined in the negative.

The bill having been amended on the motion of Mr. Semmes, it was
reported to the Senate, and the amendment was concurred in.

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

The said bill was read the third time.

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. Burnett, from the Committee on Military Affairs, reported

A bill (S. 169) to abolish the office of certain quartermasters and
commissaries, and to provide for the appointment of bonded agents in
said departments;
which was read and passed to a second reading.

Ordered, That it be printed.

The bill (S. 168) to authorize the appointment of a commissary-
general, with the rank of a brigadier-general, was read the second



496 JOURNAL OF THE [Jan. 26, 1865.

time and considered as in Committee of the Whole; and no amend-
ment being proposed, it was reported to the Senate.

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

The said biU was read the third time.

Resolved^ That it pass, and that the title thereof be as aforesaid.

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

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

To the Senate of the Confederate States of America. •

I return to your honorable body, without my approval, an act which originated in
the Senate, entitled "An act to authorize newspapers to be mailed to soldiers free of
postage. ' '

The act provides "that all newspapers directed to any officer, musician, or private
engaged in the actual service of the Confederate States may be transmitted through
the mails free of jtostage."

The ( "(lUh^titution, Article I, section 8, clause 7, gives power to Congress "To establish
post-ollices and post-routes; but the expenses of the Post-Office Department, after the
tirst day of ]Man;h, in the year of our Lord eighteen hundred and sixty-three, shall
be iiaid out of its own revenues."

This provision that the Post-Office Department shall be self-sustaining was not con-
tained in the Constitutifin of our former (Tovernment. It is important that its spirit
and object should be correctly determined now, because many members of the pres-
ent Congress were also members of the Provisional Congress which adopted this new
clause, and legislation by them will be deemed hereafter to possess peculiar value as
a prece<U'nt, and as a contemporaneous interpretation of the Constitution by those
best ac(iuaintcd with its meaning.

It was genciail}' understood that the clause under consideration was intended by
its framers to correct what were deemed to be two great vices that had been develojied
in the i)ostal system of the United States. The first was the injustice of taxing the
whole people i'or the expense of the mail facilities afforded to individuals, and the
remedy devised was to limit the (lovernment to the furnishing of the machinery for
carrying the mails, and comj)elling those who might use the facilities thus furnished
to pay the expt-nse thereof.

Tlie secoiKl e\il against which this clause was intended as a safeguard w'as the
wasteful extravagance which gr»w out of the franking privilege with its attendant
abuses of large contracts for stationery, printing, binding, etc., and increased Gov-
ernment patronage with its train of corrupting infiuences.

With tliis knowledge of the pur])ose of the framers of the Constitution, and of the
evils against which they intended to provide by the clause under consideration, I can
not escai)e the conclusion that to authorize the transmission of any mail matter free
of postage is to violate the true intent ami meaning of the Constitution.

If tlie act now Ix'fore me should become a law the Postmaster-(Jeneral would be
bound to pay railroailsand other carriers for conveying newspapers to the armies with-
out reimbursement from any source whatever. He could not be repaid out of the gen-
eral Treasury witliout a violation of the letter of the Constitution; nor out of the
other revenues of his Hepartment without in effect imposing on those who pay for
carrying their own correspondence an additional charge to defray the cost of con-
veying newspapers for others.

If it l)e com|)etent for Congress under this clause to order newspapers to be carried '
free of jiostage, the power exists to order free transmission of any other mail matter.
But we nnist ever remember that Congress can exercise no implied powers, certainly
none not necessary to carry into effect the powers expressly granted; and where shall
we lind in tlie Constitution any power in the Confederate Covernment, express or
iniplied, for dividing either the people or the public servants into classes unequally
burthened with i>ostal charges?

In that part of the Constitution which specially treats of the burthen of taxation,
every precaution has been taken to secure uniformity and to guard against bounties
or preferences of any kind, and although not directly applicable to the subjectof post-
age, the spirit of the whole ])rovision is so oj)posed to inequality in legislation that
the pas,«a<^(' may well starve for illustration. The first clause of Article I, section 8,
gives to Congress j>ower "To lay and collect taxes, duties, impost*!, and excises, for
revemie necessary to i)ay the debts, provide for the common defense, and carry on
the Uovernment of the Confederate States; but no bounties shall be granted from



J.- n. iC, 1865.] SENATE. 497

the Treasury; nor shall any duties or taxes on importations from foreign nations be
laid to promote or foster any branch of iYidustry; and all duties, imposts, and excises
shall be uniform throughout the Confederate States."

It is true that the payment of postage is not properly a tax, but compensation for
service rendered; yet it would scarcely be ingenuous to deny that so to regulate
the rates of postage as to produce an excess of receipts over the expenses of carrying
mail matter for one class, and to use this excess in order to carry free of cost the
mail matter of another class, would strongly conflict with the just equality of privi-
leges and l)urthens which the above-cited clauses were designed to secure.

I regret to be compelled to object to a measure devised by Congress for the benefit
or relief of the Army; but, with my convictions on the subject, it is not possible to
approve the act now before me.

JEFFERSON DAVIS.

Richmond, Va., January ^5, 1865.

The message was read.

The Senate proceeded the reconsider the bill (S. 130) returned by
the President with his objections; which bill is in the following- words:

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

Tlie Congress of the Confederate States of America do enact, That all newspapers
directed to any officer, musician, or private engaged in the actual service of the Con-
federate States may be transmitted through the mails free of postage: Provided,
That in all such cases the address shall contain a description of the party to whom
such newspapers shall be sent, stating his military title, if an officer, or the company
and regiment to which he belongs, if a musician or private: And provided also. That
this act shall not be construed to extend to newspapers transmitted by carriers or
express companies, or received through them.

TH. S. BOCOCK,
Speaker of the House of Representatives.
R. M. T. HUNTER,
President of the Senate pro tempore.

I certify that this act originated in the Senate.

JAMES H. NASH,

Secretary.

On motion by Mr. Semmes,

Ordered^ That the further consideration of the bill be postponed to
and made the special order of the day for Saturday next^ at half past
12 o'clock.

On motion by Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion b}' Mr. Garland,

Tiie Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed a bill(H. R. 35?) making
an appropriation for the redemption of one-fortieth of the three million pounds for-
eign loan, due March 1, 1864; in which they request the concurrence of the Senate.

The bill (H. R, 357) last mentioned was read the first and second
times and referred to the Committee on Finance.
On motion by Mr. Garland,
The Senate resolved into open legislative session.

c J— VOL 4—04 32



498 JOUENAL OF THE [Jan. 27, 1865.

FRIDAY, January 27, 1865.

OPEN SESSION.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the joint resokition (H. R. 21) of thanks to Brig. Gen.
John S. Williams and the officers and men under his command for
their victor}^ over the enemy at Saltville, Va., on the 2d day of October,
1861; and no amendment being proposed, it was reported to the
Senate.
^ Ordered, That it pass to a third reading.

The said resolution was read the third time.

Resolved^ That it pass.

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

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

Mr. Premdent: The House of Representatives have passed the bill of the Senate
(S. 153) appropriating, for the use of the Post-Ottice Department, certain moneys
deposited by postmasters Avith the depositaries of the Government created under the
act approved February 17, 1864.

The House of Representatives having proceeded, in pursuance of the Constitution,
to reconsider the bill (S. 142) entitled "An act to increase the number of acting mid-
shipmen in the Xavy, and to prescribe the mode of appointment," returned to the
Senate by the President of the Confederate States with his objections, and sent by
the Senate to the House of Representatives, with the message of tlie President
returning the bill,

Rettulrcd, That tlie bill do not pass, two-thirds of the House of Representatives not
agreeing to pass the same.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. R, 301) to increase the efficiency of the cav-
alry of the Confederate States; and the bill having been amended, on
the motion of ]\lr. Sparrow, from the Conmiittee on Military Affairs,
it was reported to the Senate and the amendment was concurred in.

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

The said bill as amended was read the third time.

On the question,

Shall the bill now pass?

it was determined in the affirmative, j m ^

On motion by Mr. Simms,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

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

Those who voted in the negative are,

Messrs. Baker, Caperton, Graham, Simms, Vest, and Walker.

So it was

Resolved, That this bill pass with an amendment.

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

Mr. Maxwell presented memorials of the officers of Finegan's,
Weisiger's, Harris', and Forne^'^s brigades, praying the passage of the
bill (H. R. 305) to grant free transportation to officers, noncommis-



Jan. 27, 1865.] SENATE. 499

sioned officers, and privates of the Army traveling on leave of indul-
gence; which were referred to the Committee on Military Affairs.

Mr. Brown (by leave) introduced

A bill (S. 170) to increase the number of acting midshipmen in the
Navy, and to prescribe the mode of appointment;
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. Wigfall submitted the following resolution; which was con-
sidered and agreed to:

Resolved, That the Committee on the Judiciary be instructed to inquire into the
expediency of reporting a bill repealing all laws authorizing impressment of property
for the use of the Army except by military officers in case of absolute military neces-
sity, and providing for the immediate ascertainment of the precise amount of all
property in the possession of private individuals which can be used, directly or
indirectly, for the support of our armies, and for the pro rata appropriation of such
portion of the same as may be necessary to the public use, on paying market prices.

Mr. Senmies, from the Committee on Finance, to whom was referred
the bill (H. R. 351) to provide for certain claims due the State of
North Carolina, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-



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