Confederate States of America. Congress.

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

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with the message of the President returning the bill,

Resolved, That the bill do jjass, two-thirds of the House of Representatives agree-
ing to pass the same.

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

The Senate proceeded to consider their amendment, disagreed to by
the House of Representatives, to the bill (H. R. 273) to authorize the
consolidation of companies, battalions, and regiments; and

On motion by ^Ir. Wigfall,

Resolved., That the Senate insist on their said amendment and agree
to the conference asked by the House of Representatives on the dis-
agreeing votes of the two Houses thereon.

On motion by Mr. AVigfall,

Ordered., That the committee of conference on the part of the Sen-
ate be appointed by the President pro tempore ad interim; and

Mr. Sparrow, Mr. Henry, and Mr. Vest were appointed.

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

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

Resolved, That the Secretary of the Senate be directed to present to the Attorney-
General, to be filed in the Department of Justice, the act entitled "An act to author-
ize newspapers to be mailed to soldiers free of postage," together with the certificates
of the Secretary of the Senate and the Clerk of the House of Representatives, show-
ing that the said act was passed by a vote of two-thirds of both Houses of Congress,
after the objections of the President of the Confederate States thereto had Ix^en
received, ancl after the reconsideration of the said act by both Houses of Congress, in
accordance with the Constitution.

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

Mr. President: On the 27th instant the President of the Confederate States approved
and signed the following acts:

S. 100. An act to amend the act to provide an invalid corps, approved Februarv
17, 1864;

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

S. 164. An act to extend the jurisdiction of the State tax collector of Mississippi
over eastern Louisiana.

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

Mr. Dortch, from the committee, reported that they had examined



Jan. 31, 1865.1 SENATE. 509

and found truly enrolled bills and a joint resolution of the following
titles:

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. 21. Joint resolution of thanks to Brig. Gen. John S. Williams
and the officers and men under his command for their victory over the
enemy at Saltville, Va., on the 2d day of October, 1861.

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

On motion by Mr. Hill,

The Senate resolved into executive session.

The doors having been opened,

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 242) to provide for sequestrating the property
of persons liable to military service who hav^e departed, or shall depart,
from the Confederate States without permission; 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, ]at. 7

On motion by Mr. Semmes.

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

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Garland, Henry,
Hill, Johnson of Missouri, Simms, West, and Wigfall.

Those who voted in the negative are,

Messrs. Graham, Haynes, Maxwell, Oldham, Semmes, Walker, and
Watson.

So it was

Resolved^ That this bill pass.

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

The Senate proceeded to consider the motion submitted by Mr. Vest
on the 23d instant, that the vote by which the Senate refused to pass
to a third reading the joint resolution (H. R. 20) construing the act of
January 30, 1864, increasing the compensation of certain officers and
employees of the Government, be reconsidered; and

The motion was agreed to.

The Senate resumed the consideration of the said resolution; and

Ordered^ That it pass to a third reading.

The said resolution was read the third time.

Resolved, That it pass.

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

On motion by Mr. Haynes,

The Senate adjourned.



510 JOURNAL OF THE [Jan. 31, 1865.

SECRET SESSION.

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
President.

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

Mr. President: On the 27th instant the President of the Confederate States approved
and signed a joint resolution (S. 24) directing the transfer of certain funds from the
Navy Department to the Treasury.

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

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

A bill (H. R. 357) making an appropriation for the redemption of
one-fortieth of the three million pounds foreign loan, due March 1,
1864.

The President pro tempore ad interim 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.

Mr. Watson, from the joint select committee appointed to investi-
gate the condition and treatment of prisoners of Avar held b}- the Con-
federate and United States Governments, to whom was referred the
amendment of the House of Representatives to the joint resolution
(S. 25) to amend a joint resolution entitled "Joint resolution on the
subject of retaliation," approved May 1, 1863, reported it without
amendment.

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

Mesolved, That they concur therein.

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

On motion by Mr. Caperton.

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

The following message was received from the President of the Con-
federate States, b}' Mr. B. N. Harrison, his Secretaiy:

1.] Executive Department, Confeder.^te States of America,

Richmond, January 31, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Gen. Rob-
ert E. Lee, of Virginia, to be general in chief of the armies of the Confederate States
of America, under act approved Januarv 23, 1865.

JEFFERSON DAVIS.
No. 172.] War Department, Confederate States of America,

Richmond, Jamiarn 28, 1865.
Sir: I have the honor to recommend the nomination of Gen. Robert E. Lee, of
Virginia, to be general in chief of the armies of the Confederate States of America,
under act approved January 23, 1865, to rank from date of confirmation.
I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

PresideiU, etc.



Feb. 1,1865.] SENATE. 511

The message was read.

The Senate proceeded to consider the nomination of Robert E. Lee,
to be general in chief of the armies of the Confederate States of
America; and it was

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

The following messages were received from the President of the
Confederate States, b}^ Mr, B. N. Harrison, his Secretary:

2.] Executive Department, Confederate States of America,

Richmond, January 31, 186,5.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary' of War, I nominate T. O. Stark,
of Louisiana, to be a quartermaster, with the rank of major in the Provisional Army
of the Confederate States of America.

JEFFERSON DAVIS.

No. 174.] War Department, Confederate States of America,

I\ich)tw)id, January 28, 1865.
Sir: I have the honor to recommend the nomination of T. O. Stark, of Louisiana,
to be a quartermaster, with the rank of major in the Provisional Army of the Con-
federate States of America, for duty with Liddell's brigade, Trans-Mississippi Depart-
ment, to date from June 15, 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 27, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Marcus
Hofflin, of North Carolina, to Ije an assistant commissary, with the rank of captain
in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 171.] War Department, Confederate States of America,

Richmond, January 27, 1865.
Sir: I have the honor to recommend the nomination of Marcus Hofflin, of North
Carolina, to be an assistant commissary, with the rank of captain in the Provisional
Army of the Confederate States of America, ordered to report for duty to Maj. A.
Myers, to date from January 26, 1865.

I am, sir, respectfully, your 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 IMilitary Aflfairs.

On motion by Mr. Watson,

The Senate resolved into secret legislative session.



WEDNESDAY, February 1, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a joint resolution (H. R.
24) of thanks to the ofhcers and men of the Ninth. Fourteenth, and Fifty-seventh regi'
ments of Virginia Infantry; in which they request the concurrence of the Senate.



512 JOURNAL OF THE [Feb. 1, 1865.

The President of the Confederate States has notified the House of Representatives
that on the 27th ultimo he ai)proved and signed an act (H. R. 308) to provide more
effectually for carrying out certain stipulations in the treaty made with the Cherokee
Nation of Indians.

Mr. Baker (by leave) introduced

A bill (S. 177) to amend an act to establish the judicial courts of the
Confederate States of America;

which was read the tirst and second times and referred to the Committee
on the Judiciary.

Mr. Semmes presented the memorial of Power, Low & Co., praying
for the issue of duplicates of certain bonds destroyed; which was
referred to the Committee on Claims.

Mr. Burnett, from theConunitteeon Military Affairs, to whom were
referred 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, reported thereon.

Ordered^ That the amendments be printed.

Mr. Haynes, from the Committee on the Judiciar}', reported

A bill (S. 178) to provide for the appointment of a solicitor of the
War Department;

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 l)ill was read the third time.

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

Ord<'red, That the Secretary request the concurrence of the House
of Representatives therein.

On motion by Mr. Semmes,

Ordei'ed^ That the President pro tempore ad interim appoint, tem-
porarily, two additional members on the Committee on Finance; and

Mr. Orr and Mr. Oldham were appointed.

On motion by Mr. Wigfall,

Ordered^ That the President pro tempore ad interim appoint, tem-
porarily, an additional member on the Committee on Military Affairs;
and

Mr. Garland was appointed.

The joint resolution (H. R. 24) received this day from the House of
Representatives for concurrence was read the first and second times
and referred to the Committee on Military Affairs.

The Senate proceeded, as in Connuittee of the Whole, to the consider-
ation of the bill (S. 169) to abolish the office of certain quartermasters
and commissaries, and to provide for the appointment of bonded
agents in said departments.

On motion by Mr. Simms, to amend the bill by striking out "two
months,'' section 2, line 3, and inserting '* one month,"

It was determined in the aflirmative.

On motion b}- Mr. Burnett, the vote on agreeing to the amendment
proposed bj- ]\Ir. Simms was reconsidered.

The Senate resumed the consideration of the said amendment; and

On the question to agree thereto.

It was determined in the negative, ] ^^^' " 12

On motion by Mr. Simms,



Feb. 1, 1865.] SEISTATE. 513

The 3'ea,s and nays being- desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Garland, Playnes, Johnson of Missouri, Orr, Simms, Vest,
and Watson.

Those who voted in the negative ^re,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Graham, Henry,
Maxwell, Oldham. Semmes, Walker, and Wigfall.

On motion by Mr. Burnett, to amend the bill by inserting after
"bond," section 4, line 2, the words "payable to the Confederate
States,"

It was determined in the affirmative.

On motion by Mr, Burnett, to amend the bill by inserting after
" departments," section 4, line 5, the words "and that their compen-
sation shall not exceed that now allowed quartermasters and commis-
saries for similar duties,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by striking out "sixty,"
section 5, line 4, and inserting "thirty,"

It was determined in the affirmative.

On motion bv Mr. Burnett, to amend the bill by inserting after
" repealed," section 6, line 4, the words "and alj details heretofore
granted in these departments are hereby revoked,"

It was determined in the affirmative.

On motion by Mr, Henry, to amend the bill by striking out all of
the first section after the enacting clause and inserting:

That the office of all (luartermasters and assistant quartermasters, commissaries
and assistant commissaries, on duty at posts and depots, those engaged in purchasing
and impressing supplies, and those engaged in collecting the tax in kind, be, and the
same is hereby, abolished.

It was determined in the affirmative.

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

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

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

Resolved, That it pass, and that the title thereof be "An act to
abolish the office of certain quartermasters and assistant quartermas-
ters, commissaries and assistant commissaries, and to provide for the
appointment of bonded agents in said departments."

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

On motion by Mr. Burnett,

The Senate resolved into executive session.

The doors having been opened.

On motion by Mr. Simms,

The Senate adjourned.

EXECUTIVE SESSION.

Mr. Burnett, from the Committee on Military Affairs, to whom
were referred (on the 21st ultimo) the nominations of I. M. St. John,
to be colonel; Richard Morton and W. R. Hunt, to be lieutenant-colo-
nels: Isaac Read,T. J. Finnie, John Ellicott, Jas. F. Jones, and C. R.
Barney, to be majors, and F. W. Smith, R. H. Temple, A\ . Gabbett,
H. F. Reardon, R. C, Morton, B. A. Stovall, J. W. Peaice, b. Chalaron,
c J — VOL 4 — 04 33



514 JOUKNAL OF THE [Feb. 2, i860.

and John R. Hale, to be captains in the Niter and Mining Bureau,
reported, with the recommendation that all of said nominations be
contirmed.

The Senate proceeded to consider .said report; and

On motion by Mr, Johnson of Missouri,

Ordered^ That the further consideration thereof be postponed until
to-morrow.

Mr. Burnett, from the Committee on Military Affairs, to whom was
referred (on 3Uth November, ultimo) the nomination of R. H. Renshaw,
to be assistant quartermaster, with the rank of captain, 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 the appointment
of R. II. Renshaw, agreeably to the nomination of the President.

Mr. Burnett, from the Committee on Military Affairs, to whom was
referred (on the 31st ultimo) the nomination of T. O. Stark, to be a
quartermaster, with the rank of major, reported, with the recommenda-
tion 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 the appointment
of T. O. Stark, agreeably to the nomination of the President.

On motion by Mr. Burnett,

The Senate resolved into open legislative session.

THURSDAY, February 2, 1865.

OPEN SESSION.

Mr. Brown (by leave) introduced

A joint resolution (S. 26) of thanks to Mr. John Lancaster, of Eng-
land, for his friendl}^ conduct toward the commander, officers, and
crew of the Alal)ama;

Avhichwas \(W(\ the first and second times and referred to the Conunit-
tee on Naval Affairs.

Mr. Watson, fi'om the joint select conunittec appointed to investi-
gate the condition and treatment of prisoners of Avar held by the Con-
federate and United States Goveruments, reported the following-
resolution; which was considered and agreed to:

Renolved {the House of Representatives concurriiiy), That the joint committee to whom
was referred the investigation of the condition and treatment of i)ri.«oner8 and the
causes of their detention in captivity, shall, in addition, investigate and report upon
the violations, by the enemy, of the rules of civilized war in the conduct of the war;
and also whether the enemy will resume exchanges, and if so, upon what terms;
and that they report what legislation they deem expedient in the premises.

Ordered, That the Secretar}^ request the concurrence of the House
of Repi-esentatives in the resolution.

Mr. Johnson of Missouri (l)v leave) introduced

A hill (S. 17it) to amend an act to provide for holding elections for
Representatives in the Congress of the Confederate States from the
State of Mis.souri, approved January 19, ISW;

which was read the first and second times and referred to the Commit-
tee on the Judiciary.



Feb. 2, 1865.] SENATE. 515

Mr. Oldham, from the Committee on Commerce, to whom was
referred the bill (S. 162) to amend an act entitled "An act to impose
regulations upon the foreign commerce of the Confederate States to
provide for the public defense," approved February 6, 1861, reported
it without amendment.

Ordered^ That it be printed.

Mr. Sparrow, from the Connuittee on Military Affairs, to whom
was referred the bill (S. 173) to receive volunteer troops for the war,
reported it without amendment.

Ordered^ That it be printed.

On motion by Mr. Sparrow,

Ordered^ That the Committee on Military Affairs be discharged
from the further consideration of a resolution of the legislature of the
State of North Carolina in relation to the pay of disabled soldiers,
and that it lie upon the table.

On motion by Mr. Sparrow,

Ordered^ That the (Committee on Military Affairs be discharged
from the further consideration of a resolution of the legislature of the
State of North Carolina in relation to the expenses of the State incurred
in the execution of the conscription laws, and that it be referred to the
Committee on Finance.

On motion Ijy Mr. Sparrow,

Ordered^ That the Committee on Militar}^ Affairs be discharged
from the further consideration of the following subjects:

Memorials of the officers of Finegan's, Weisiger's, Harris', and
Forney's brigades, praying the passage of the bill (H. R. 305) to grant
free transportation to officers, noncommissioned officers, and privates
of the Arnw traveling on leave of indulgence; and

Resolution of the legislature of the State of North Carolina in rela-
tion to brigading certain North Carolina regiments.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the joint resolution (H. R. 21) of thanks to the officers and
men of the Ninth, Fourteenth, and Fifty-seventh regiments of Vir-
ginia Infantry, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said resolution; 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 Secretary inform the House of Representatives
thereof.

Mr. Sparrow, from the Committee on Militar}' Affairs, to whom was
referred the bill (H. R. 346) providing for the discharge of soldiers
in certain cases, and their future exemption from military service,
reported it with the recommendation that it ought not to pass.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill; and no amendment being proposed, it was
reported to the Senate.

On the question,

Shall the bill be read a third time?

It was determined in the negative. ' _

So the bill was rejected.



516 JOUENAL OF THE [Feb. 2, 1865.

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

Mr. Semmes, from the Committee on the Judiciary, who were
instructed bj^ a resolution of the Senate to inquire into the subject,
reported

A bill (S. ISO) to amend an act entitled ''An act to prevent the pro-
curing, aiding, and assisting- persons to desert from the Army of tlie
Confederate States, and for other purposes," approved January 22,
1864;
which was read and passed to a second reading.

Ordered^ That it be printed.

Mr. Semmes, from the Committee on the Judiciary, to whom was
referred the bill (S. 177) to amend an act to establish the judicial courts
of the Confederate States of America, reported it with an amendment.

Tlie Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill; and the reported amendment having been
agreed to, the bill was reported to the Senate and the amendment was
concurred in.

Ordered. That the ]>ill be engrossed and read a third time.

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

Rexolved^ That it pass, and that the title thereof be "An act to amend
an act to establish the judicial courts of the Confederate States of
America, api)r()ved March sixteenth, eighteen hundred and sixty-one."

(frdrrcd, Thtit the Secretary request the concurrence of the House
of llcpresontatives therein.

Ml-. Walker, from the Conimittee on the Judiciary, who were in-
structed by a resolution of the Senate to iiujuire into the subject, and
towhonrwere referred the bill (S. 107) to provide supplies for the
Army, and to prescribe the mode of making impressments, and the
bill (S. 124) to amend the several acts now of force on the subject of
impressments, and to define what is "just compensation," reported

A bill (S. 181) to provide supplies for the Army, and to prescribe
the mode of making impressments;
which was read and passed to a second reading.

(h-d( red. That it be printed.

On motion l)y Mr. Burnett, the vote on passing the bill (S. 169) to
abolish the ofhce of certain quartermasters and assistant (luartermas-
ters, commissaries and assistant conmiissaries, and to provide for the
appointment of bonded agents in said departments, was reconsidered*.

On motion by Mr. Burnett, the vote on ordering the said bill to its
engrossment and third reading was also reconsidered.

On motion by Mr. Burnett, to amend the ])ill by inserting after
"revoked," section 6, line 4, the words "except as to skilled artisans
and mechanics permanently employed in said departments,"

It was determined in the atHrmtitive.

No fui'ther amendment l)eing made,



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