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

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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.

On the question.

Shall the bill now pass?

It was determined in the affirmative, \ ^ ^ ' ^

The vote having been taken by yeas and nays, as required by the
ninth section of the first article of the Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Garland, Gra-
ham, Haynes, Henry, Hill, Hunter, Johnson of Missouri, Maxwell,
Oldham, Semmes, Sparrow, Vest, Walker, Watson, and Wigfall.

So it was

Resolved^ That this bill pass, two-thirds of the Senate voting therefor.

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

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 352) to provide for certain claims due the State of
Louisiana, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and no amendment being made, it was
reported to the Senate.

Ordered^ That it pass to a third reading.

The said bill was read the third time.

On the question,

Shall the bill now pass?



500 JOUENAL OF THE [Jan. 27, 1865.

It was determined in the affirmative, < ^„,, . y

The vote having been taken by yeas and nays, as required by the
ninth section of the first article of the Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Garland, Gra-
ham, Haynes, Henry, Hill, Hunter, Johnson of Missouri, Maxwell,
Oldham, S^mmes, Sparrow, Vest, Walker, Watson, and Wigfall.

So it was

Resolved^ That this bill pass, two-thirds of the Senate voting therefor.

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

Mr. Caperton presented a resolution of the general assembly of the
State of Virginia in relation to the exemption from taxation of certain
property by the Confederate Government; which was read.

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

On motion b}" Mr. Watson,

The Senate resolved into executive session.

The doors having been opened.

On motion by Mr. Burnett,

Ordered^ That the Committee on Claims be discharged from the
further consideration of the petition of L. J. Messerv}'.

iSIr. Caperton, from the committee, reported that the}^ had examined
and found truly enrolled bills of the following titles:

S. 1(»(). An act to amend the act to provide an invalid corps, approved
February 17, 1864;

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

S. 1.59. An act to secure more effectually the preservation and dis-
tribution of the effects of deceased officers and soldiers;

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

H. R. 308. An act to provide more effoctually for carrying out cer-
tain stipulations in the treaty made with the Cherokee Nation of
Indians.

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.

On motion by Mr. Garland,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The Speaker of the House of Representatives having signed an
enrolled joint resolution, I am directed to l)ring it to the Senate for the signature of
their President.

Mr. Caperton, from the committee, reported that they had examined
and found truly enrolled

A joint resolution (S. 24) directing the transfer of certain funds
from the Navy Department to the Treasury.

The President pro tempore having signed the enrolled joint resolu-
tion last reported to have been examined, it was delivered to the Sec-



Jan. 28, 1865.] SENATE. 501

retary of the Senate and by him forthwith presented to the President
of the Confederate States for his approval.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 357) making an appropriation for the redemption of
one-fortieth of the three million pounds foreign loan, due March 1,
1864, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration 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 Secretar}"- inform the House of Representatives
thereof.

Mr. Watson, from the joint select committee appointed to investi-
gate the condition and treatment of prisoners of war held by the Con-
federate and United States Governments, reported a joint resolution
(S. 25) to amend a joint resolution entitled "Joint resolution on the
subject of retaliation," approved May 1, 1863; which was read and
passed to a second reading.

On motion by Mr. Garland,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

Mr. Haynes, from the Committee on the Judiciary, to whom was
referred (on the 23d instant) the nomination of B. F. Periy, to be
district judge of the Confederate States for the district of South
Carolina, reported, with the recommendation that said nomination be
confirmed.

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

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

On motion by Mr, Watson,

The Senate resolved into secret legislative session.

SATURDAY, January 28, 1865.

OPEN SESSION.

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

Mr. Presideni: The House of Representatives have passed a joint resolution (H. R.
2'A) for the reUef of the Virginia Mechanics' In.stitute; in which they request the
concurrence of the Senate.

The Spealier of the House of Representatives having signed an enrolled bill, I am
directed to bring it to the Senate for the signature of their President.

Mr. Baker submitted the following resolution for consideration:

Resolved {the Hothse of Representatives concurring), That the President of the Senate
and the Speaker of the House of Representatives adjourn their respective houses, sine
die, on Monday, the twentieth day of February next, at twelve o'clock meridian.

Mr, Wigfall (by leave) introduced

A bill (S. 171) to provide that certain evidences of debt shall be
receivable in payment of taxes;



502 JOURNAL OF THE [Jan. 28, 1865.

which was read the first and second times and referred to the Committee
on Finance.

Mr. Semmes (by leave) introduced

A bill (S. 172) to extend an act entitled ''An act to graduate the pay
of general officers," approved June 10, 1864;

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

Ordered^ That it l)e engrossed and read a third time.

The said bill was read the third time.

Resolved^ That it pass, and that the title thereof ])e as aforesaid.

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

Mr. Semmes presented the memorial of G. G. Steever, agent of the
Bank of Louisiana, praying the restoration of coin seized, under such
restrictions as Congress may impose; which was I'ef erred to the Com-
mittee on Finance.

Mr. Simms presented the memorial of Capt. C. S. Hart, chief quar-
termaster of Lomax's cavalry division. ])raying to be relieved from the
payment of certain funds of the Government stolen from him on the
30th day of October, 1861:; which was referred to the Committee on
Claims.

The joint resolution (H. R. 23) received this day from the House of
Representatives for concurrence was read the first and second times
and referred to the Committee on Claims.

The Senate resumed the reconsideration of the bill (S. 130) to author-
ize newspapers to be mailed to soldiers free of postage, returned by
the President with his objections: and

On the question,

Shall this l)ill pass, the objections of the President to the contrary
notwithstanding '{

It was determined in the affirmative, \ i^„.,„ a

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

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Garland, (Jraham, Haynes, Henry, Max-
well, Oldham, Senuues, Sinuns, Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Burnett, Dortch, and Sparrow.

So it was

Resolved, That this bill pass, two-thirtls of the Senators present
voting therefor.

On motion by Mr. Baker,

Ordered, 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.

On motion b}^ Mr. Watson,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion b}' Mr. Haynes,

The Senate adjourned.



Jan. 28, 1865.] SENATE. 503

SECRET SESSION.

The joint resolution (S. 25) to amend a joint resolution entitled
"Joint resolution on the subject of retaliation," approv^ed May 1,
1863, was read the second time and considered as in Committee of the
Whole; and no amendment bein^ proposed, it was reported to the
Senate.

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

The said resolution was read the third time.

On the question.

Shall the resolution now pass ?

It was determined in the affirmative, \ ^ n

On motion by Mr. Wigfall,

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

These who voted in the affirmative are,

Messrs. Baker, Burnett, Caperton, Graham, Hajmes, Maxwell,
Semmes, Simms, Sparrow, Walker, and Watson.

Those who voted in the negative are,

Messrs. Garland, Henrv, Johnson of Missouri, Oldham, Vest, and
Wigfall.

So it was

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

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

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Aflfairs, to whom
were referred (on the 30th November last) the nominations of John A.
Bowie, to be major in the Commissary Department, and Robert Berry,
to be assistant commissary, with the rank of captain, reported, with the
recommendation that 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 appointment,
ag'reeal)ly to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 14th ultimo) the nominations of W. G. William-
son, to be captain, and R. H. Griffin and D. S. Hesse}", to be first
lieutenants of engineer troops, reported, with the recommendation
that all of said nominations be confirmed.

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

Re.solved^ That the Senate do advise and consent to their appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 29th ultimo) the nominations of P. M. B. Young,
to be major-general, with temporary rank; John J. Clarke, to be col-
onel; S. R. Johnston, to be lieutenant-colonel; E. T. D. Myers, John
McCrady, A. H. Campbell, and John Johnson, to be majors; and E. E.



504 JOURNAL OF THE [Jan. 28, 1865.

Mason, O. Heinrichs, J. F. Lanneau, J. H. Toomer, and J. W. Glenn,
to be captains of Engineer Corps; J. P, W. Read, to be lieutenant-
colonel of artillery; and A. Meade Smith, to be major in the Subsistence
Department, 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

Resoli'ied^ That the Senate do advise and consent to their appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 3d instant) the nominations of James L. Corley,
to be major in the Quartermaster- General's Department, Army of the
Confederate States, and W. J. Armstrong, to be major in the Subsist-
ence Department, Provisional Army of the Confederate States,
reported, with the recommendation that said nominations 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 appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Conmiittec on Military Affairs, to whom
were referred (on the 9th instant) the nominations of W. H. Mauldin,
S. M. H. Byrd, C. B. Gwathmey, F. P. Turner, J. B. Hill, H. T. Mas-
singale, Richard Orme, Y. S. Patton, E. H. Jannev, J. G. Blount,
Benjamin E. Crane, S. M. Finger, W. C Scott, and'j. I. Middleton,
to be majors in the Quartei-master's Department, and John L. Mc-
Kinney, James Hancock, L. Doize, and James A. Stansbury, to be
captains and assistant commissaries, ivported,with the recommendation
that all of said nominations be confirmed.

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

Resolved, That the Senate do advise and consent to their appointment,
agreeably to the nomination of the Piesident.

Mr. Sparrow, from the Conunittee on Military Affairs, to whom
were referred (on the l;3th instant) the nominations of James H. Whit-
ner, to ])e captain, and Moses Hough, to be second lieutenant (for'dis-
tinguishod valor and skill), reported, with the recommendation that
said nominations be confirmed.

The Senate proceeded to consider said report: and in concuri-ence
therewith, it was

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

Mr. Sparrow, from the Committee on xMilitary Affairs, to whom
were referred (on the IHth instant) the nominations of J. L. Brent, to
be colonel of artillery; 1. W. Avery, to be colonel; William L. Cook,
to be lieutenant-colonel, and D. J. Owen, to be major of cavalry: C. S.
Hart, to be major in the Quartermaster's Department; Walter Weir,
to be assistant adjutant-genera!, with rank of captain; Henr^' B. Hay-
nie, Benjamin F. Ward, Edward Miller, and Joseph W. Aken, to ))e
surgeons; and Peter F. Scott, William \'. Croxton, Thomas Wells,
Alex. Tinslev, John Digon, William S. Easlev, Robert P. Mvers,
Robert D. Porter, Thomas W. Flagg, John P! Tallbott, CUiarles F.
Butler, John A. Hamilton, Rolxnt L. Knox, P. Willson. William P.
Brewei-, Jacob W. Summers, WiWiam J. Reeves, Alfn^d S. James,
James A. Fogle, Thomas S. Lafitte, William 11. Ford, Richard F.



Jan. 30, 1865.] SENATE. 505

Sams, Jos. M. Dulin, William 8. Stevens, William Alston, John J.
Gooclwyn, C. R. Smith, John W. Colson, John M. Weekly, John P.
Peterson, Henry S. Orme, M. B. Johnson, E. L. Tillingfhast, A. J.
Burroughs, Thomas McCoy, A. E. McGarity, William W. Murray,
William W. P>aser, P. H. E. Sloan, Charles Davant, E. M. Martin,
William H. Mitchell, Robert W. Foster, and M. J. Nicholson, to be
assistant surgeons, reported, with the recommendation that all of said
nominations be contirmed.

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

Resolved., That the Senate do advnse and consent to their appointment,
ag-reeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 23d instant) the nominations of M. G. Lumpkin,
to be major in the Subsistence Department; John N. Logan, to be
assistant commissary, with rank of captain; and N. O wings, to be assist-
ant quartermaster, with rank of captain, reported, with the recom-
mendation 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 appointment,
agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 25th instant) the nominations of G. G. Dibrell,
to be a brigadier-general; S. W. Davitte and Thomas F. Toon, to be col-
onels; George W, Shannon, C. G. Campbell, and W. A. Gilliam, to be
lieutenant-colonels, and S. H. Wilds, John W. Rierson, W. S. Rowan,
and J. F. Beall, to be majors, reported, with the recommendation that
all of said nominations be contirmed.

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

Resolved., That the Senate do advise and consent to their appointment,
agreeabl}' to the nomination of the President.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.



MONDAY, January 30, 1865.

OPEN SESSION.

The President and President pro tempore of the Senate both being
absent,

Mr. Graham stated that he had received a message from the Vice-
President requesting him to preside over the deliberations of the
Senate to-day;

Whereupon,

Mr. Graham, by unanimous consent, took the chair.

Mr. Caperton, the forty-eighth rule of the Senate having been sus-
pended therefor, submitted the following resolution; which was con-
sidered and agreed to:

Resolved, That the following be adopted as one of the standing rules of the Senate:

"In case of the temporary absence of both the President and President pro tempore

of the Senate, the Senate may appoint any Senator who, as President pro tempore

ad interim, shall preside over the body during such temporary absence of the Presi-



506 JOURNAL OF THE [Jan. 30, 1865.

dent and President pio tempore; and when such Senator shall thus preside, his
powers and duties shall be the same as those of the President and President pro
tempore in these rules specitied."

Mr. Caperton submitted the following- resolution; which was con-
sidered and agi'eed to:

Resolved, That the Honorable William A. Graham be appointed President pro tem-
pore of the Senate ad interim.

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

On motion by Mr. Semmes,

Ordered^ That the Hon. Edward Sparrow have leave of absence
from the sessions of the Senate until Thursday next.

Mr. Dortch 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 making reputation prima facie evidence of the fact of desertion in all
prosecutions under an act entitled "An act to prevent the procuring, aiding, and
assisting persons to desert," etc., approved January twenty -second, eighteen hun-
dred and sixty-four.

Mr. Henry (by leave) introduced

A bill (S. 173) to receive volunteer troops for the war;
which was read the first and second times and referred to the Com-
mittee on Military Affairs.

Mr. Oldham presented a resolution of the legislature of the State
of Texas concerning peace, reconstruction, and independence; which
was read.

Ordered^ That it lie upon tlie table and be printed.

On motion by Mr. Scnunes,

Ordered^ Tiiat the Secretary wait upon the President of the Con-
federate States and inform him that, in the absence of both the Presi-
dent and President pro tempore of the Senate, temporarily, the Senate
have chosen the Hon. William A. Graham President pro tempore of
the Senate ad interim.

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

Mr. FresidiiU: The House of Representatives have passed the l)ill of the Senate
(S. 129) to provide for the emjiloyment of free negroes and slaves to work upon
fortifications ami perform other labor connected with the defenses of the country,
with amendments; in which they reciuest the concurrence of the Senate.

The House of Representatives insist on their disagreement to the amendment of
the Senate to the bill (H. R. 33(5) to authorize the establishment of an office of
deposit in connection with the Treasury; agree to the conference asked by the
Senate on tlie disagreeing votes of the two Houses thereon, and have appointed
Messrs. Lyon, Wickiiam, and Barksdale managers at said conference on their part.

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 President.

Mr. Hill presented the memorial of the mechanics and artisans of
the cit}' of Columbus, Ga., praying to l)e relieved from the hardships
laid upon them by their present organization into ••' reserved corps;"
which was referred to the Committee on Military Affairs.

Mr. Dortch, from the committee, rei)orted that they had examined
and found truly enrolled bills of the following titles:

S. 184. An act to increase the maximum rates of compensation
allowed to railroad companies for the transportation of the mails of
the Confederate States; and

S. 153. An act appropriating, for the use of the Post-Office Depart-



Jan. 30, 1865.] SENATE. 507

ment, certain moneys deposited by postmasters with the depositaries of
the Government created under the act approved February 17, 1864.

The President pro tempore ad interim having- signed the enrolled
bills last reported to have been examined, they were delivered to the
Secretary of the Senate and by him forthwith presented to the Presi-
dent of the Confederate States for his approval.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 129) to provide for the employment of
free negroes and slaves to work upon fortifications and perform other
labor connected with the defenses of the country; and

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

Mr. Wigfall (by leave) introduced

A bill (S. 174) to encourage the production of cotton in the Trans-
Mississippi Department;

which was read the first and second times and referred to the Com-
mittee on Finance.

Mr. Wigfall (by leave) introduced the following bills; which were
severally read the first and second times and referred to the Commit-
tee on the Judiciary:

S. 175. Bill providing for the auditing and payment of properly
authenticated claims against the Cotton Bureau in the Trans-Missis-
sippi Department; and

S. 176. Bill providing for the auditing and payment of properly
authenticated claims.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 242) to provide for sequestrating the propert}'
of persons liable to military service who have departed, or shall depart,
from the Confederate States without permission; and

After debate,

On motion by Mi*. Hill,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Caperton,
- 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 joint resolution of the
Senate (S. 25) to amende joint resolution entitled "Joint resolution on the subject
of retaliation," approved May 1, 1863, with an amendment; in which they request
the concurrence of the Senate.

The Senate proceeded to consider the amendment of the House of
Representatives to the joint resolution (S. 25) last mentioned; and

On motion by Mr. Maxwell,

Ordered. That it be referred to the joint select committee appointed
to investigate the condition and treatment of prisoners of war held by
the Confederate and United States Governments.

On motion by Mr. Maxwell,

The Senate resolved into open legislative session.



508 JOUENAL OF THE [Jan. 31, 1865.

TUESDAY, January 31, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives disagree to the amendment of the
Senate to the bill (H. R. 273) to authorize the consolidation of companies, battalions,
and regiments; ask a conference on the disagreeing votes of the two Houses thereon,
and have appointed Messrs. Miles, Marshall, and HoUiday managers at said confer-
ence on their part.

The House of Representatives having proceeded, in pursuance of the Constitution,
to reconsider the bill entitled "An act to authorize newspapers to be mailed to sol-
diers free of postage," returned to the Senate by the President of the Confederate
States, with his objections, and sent by the Senate to the House of Representatives



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