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

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Onlcrtd, That the bill be engrossed and lead 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 Ke[)resentatives therein.

]Mr. Burnett, from the Committee on Claims, reported

A bill (S. 182) for the relief of holders of Treasury notes of the



Feb. 2, 1865.] SENATE. 517

denomination of one hundred dollars, who have been prevented from
funding- the same by reason of being held as prisoners of war;
which was read the first and second times and referred to the Com-
mittee on Finance.

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

After debate,

On motion b}" ]\Ir. Burnett.

The Senate resolved into executive session.

The doors having been opened.

On motion by ]\lr. Maxwell,

The Senate adjourned.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 16th [Deccml)er], ultimo) the nominations of E. N.
Woodland, Douglas West, Addison Craft, Joim Ryan, M. L. Strong-,
A. J. Hawthorn, C. M. Bradford, E. A. Burk, George Tucker, C. W.
Gassett, G. R. Fairbanks, R. T. Scott, J. R. Vilev. and R. H. Big-
ger, to be quartermasters, with the rank of major; J. J. Brown,
H. Richardson. E. A. Hickman, John C. Maben, William F. Bell, J. M.
Hanger, Charles A. Smith, J. S. Richardson, P. B. Jones, jr., N. T.
Green, B. H. Smith, S. A. Shorti-idge, W. G. Raoul, E. C. Pa^^ne,
P. H. Mayo, S. W. Morgan, Charles Vidor, W. R. Price, S. C. Head,
J. B. Goodloe, Fred. Emorv, Z. A. Philips, James Beatv, Frank
Arnold, J. Crockford, D. H. White, W. I). Leiper, A. S. English, W. D.
Douglas, and J. W. James, to be assistant quartermasters, with the
rank of captain; W. T. Garv, James L. Armstrong, Horace W. Jones,
D. H. C. Spence, T. A. Cromwell, C. H. Parmalee, Jos. W. Urqu-
hart, to be commissaries, W'ith the rank of major; Lewis E. Har-
vie, John M. Strother, W. W. Meriwether, J. J. Blackwell, J. H.
Devereux, W. H. Fhnn, M. J. Clancy, E. M. Griffin, Robert Burns,
J. C. Abrams, ,[. H. Demund, L. -F. Choice, J. N. Williams, A. Daw-
son, E. G. Pearl, Jos. S. James, L. F. Lucado, Walton Smith, J. J.
Lock, George W. Long, James McKa}', J. W. Baker, J. S. Carpenter,
I, Shelb}', jr., A. W. Harris, and W. D. Van Dyke, to be assistant com-
mis.saries, with the rank of captain, reported, with the recommenda-
tion that all of said nominations be confirmed.

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

Remlvcd^ That the Senate do advise and consent to all of said
appointments, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on ^Military Atiairs, to whom
were referred (on the 2.5th ultimo) the nominations of W. M. Inge, to
be colonel of cavalry; C. W. Grandy, to be quartermaster, with the
rank of major; and Isaac Shelby, to be commissary, with the i-ank of
major, reported, with the recommendation that all of said nominations
be confirmed.

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



518 JOURNAL OF THE [Feb. 3, 1865.

Resolved^ That the Senate do advise and consent to all of said
appointments, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 28th ultimo) the nominations of J. S. Brans-
ford, F. Ducayet, Hermann Hirsch, and J. B. Moore, to be quarter-
masters, with the rank of major, and Marcus Hofflin (referred to same
committee on the 31st ultimo), to be assistant commissary, with the
rank of captain, reported, with the recommendation 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 all of said
appointments, agreeabl}' to the nomination of the President.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

FRIDAY, February 3, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed bills of the Senate of the
following titles:

S. 150. An act to provide for the lighting and wanning of the Executive Mansion,
and for the supply of forage and coinniissary stores for the use of the Commander in
Chief of the Army and Navy of the Confederate States; and

S. 155. An act to regulate the i)ay and allowances of certain female employees of
the ( iovennnent.

The 1)111 last named with amendments; in whicli they request the concurrence of
the Senate.

The S])eaker of the House of Rei>resentatives having signed an enrolled l)ill and
an enrolled joint resohition, I am directed to l)ring them to the Senate for the signa-
ture of their President.

Mr. Brown presented the memorial of C. K. Marshall, praj'ing that
Congress will make further provision for the relief of maimed soldiers;
which W!is referred to the Committee on Military Affairs.

Mr. S[)arrow, from the Conunittee on Military Affairs, to whom was
referred the hill (H. R. 35<>)to diminish the number of exemptions and
details, reported it without amendment.

Ordered^ That it be printed.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 152) to amend the several acts in regard to mili-
tarj^ storekeepers of ordnance, reported it with the recommendation
that it ought not to pass.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 137) to establish the flag of the Confederate States,
reported it without amendment.

On motion by ]Mr. Sparrow,

Ordered^ That the Conmiittee on Military Affairs be discharged from
the further consideration of a resolution inquiring " whether militar}-^
officers in command of departments ha\e authority, under existing
laws, to impress negroes, wagons, teams, etc., for the purpose of
building or repairing railroads belonging to private companies," and
that it be referred to the Conunittee on the Judiciary.

Mr. Brown, from the Committee on Naval Affairs, to whom was



Feb.3,l865.j SENATE. 519

referred the joint resolution (S. 26) of thanks to Mr. John Lancaster,
of England, for his friendh" conduct toward the commander, officers,
and crew of tlie Alabama, reported it without amendment.

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

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

The said resolution was read the third time.

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

Oi'dered^ That the Secretary request the concurrence of the House
of Representatives therein.

Mr. Burnett, from the Committee on Claims, to whofii was referred
the petition of Lewis Porter, reported

A bill (S. 183) for the relief of Lewis Porter;
which was read the first and second times and considered as in Com-
mittee of the Whole; and no amendment being made, it was reported
to the Senate.

Ordered^ That it )je 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.

The Senate proceeded to consider the amendments of the House of
Representatives to the Vjill (S. 155) to regulate the pay and allowances
of certain female employees of the Government; and

Resolved, That they concur therein.

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 ])ill and joint resolution of the following
titles:

H. R. 21:2. An act to provide for sequestrating the property of per-
sons liable to military service who have departed, or shall depart,
from the Confederate States without permission; and

H. R. 20. Joint resolution construing the act of January 30, 1864,
increasing the compensation of certain officers and employees of the
Government.

The President pro tempore ad interim having signed the enrolled
bill 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.

The Senate resumed the consideration of the amendments of the
House of Representatives to the bill (S. 129) to provide for the employ-
ment of free negroes and slaves to work upon fortifications and perform
other labor connected with the defenses of the countr}'.

The first amendment having been agreed to.

On the question to agree to the second amendment, viz: In section
2, line 5, strike out after the word "years," all down to and includ-
ing the word '"'■ river," in line 8,



It was determined in the negati\e
On motion by Mr. Graham,



j Yeas •...^- 9

] Nays 10



620 JOURNAL OF THE [Feb. 3, 1865.

The yeas and nays being- desired b}'^ one-tifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Burnett, Dortch, Henry, Johnson of Missouri,
Simms, Sparrow, Vest, and Watson.

Those who voted in the negative are,

Messrs. Baker, Caperton, Garland, Graham, Haynes, Hill, Max-
well, Orr, Semnies, and Wig-fall.

So the second amendment was disagreed to.

The fifth, seventh, eighth, ninth, twelfth, thirteenth, fourteenth, and
fifteenth amendments having been agreed to. the sixth amendment
agreed to with an amendment, and the third, fourth, tenth, and eleventh
amendments di.>?agreed to,

On motion by Mr. Orr, that the vote on disagreeing to the second
amendment be reconsidered.

On motion by Mr. Caperton,

The Senat(i resolved into .secret legislative session.

The doors having ])een opened,

On motion by Mr. Orr,

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 bring it to the Senate for the signature of
their Presiilent.

Mr. Caperton, from theconunittee, reported that they had examined
and Found truly <mi rolled

A joint resolution (S. i!r>) to amend a joint resolution entitled "Joint
resolution on the subject of retaliation." approved Ma}^ 1, 186;i

The l^resident pro tempore ad interim having signed the enrolled
joint resolution last reported to have l)een examined, it was delivered
to the Secretary of the Senate and l)v him forthwith presented to the
President of the Confederate States for his approval.

On motion l>y Mi'. Sparrow,

The Senate resolved into executive se.ssion.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military" Affairs, to whom
were refei red (on the |2t>th and | 21st I)eceml)er, ultimo) the nominations
of R. V. Mason and Thomas Wulloii, to be majoi's, and A. J. Kvans,
Clement Sulivane, William Norwood, James K. Balfour, W. \). Gale,
Brice A\'illiams, and K. T. Daniel, jr., to be cai)tains in the Adjutant-
GeneraPs Department; Alex. G. iVIorgan, to ])e assistant connnissary,
with the rank of captain, reported, with the recommendation that all
of said nominations l)e contiruKMl.

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

Resolved^ That the Senate do advise and consent to all of .said
appointments, agreeably to the nomination of the President.

Mr. Sparrow.* fi-om the Connnittee on Military Allairs. to whom
were referred (on the l2Hth December, ultimo) the nominations of
Henry J. Bains, Minis A^'alker, William Scmple, W. S. Drayton, P.
Dawson, Aug. Micou, E. M. Seabrook, W. H. Crane, H. M. Judge,



Feb. 4. 1865.] SENATE. 521

George W. Scott, A. G. McGrath, S. M. G. Gary, E. B. Meade, C. V.
Haile, A. P. Moore, Richard H. Burks, Charles H. Law, John G.
Thomas, Frank H. Govan, F. C. Foard, and Jos. F. Dennis, to be
aids-de-camp, with the rank of first lieutenant, reported, with the
recommendation that all of said nominations be confirmed.

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

Hesoliv'd, That the Senate do advise and consent to their appoint-
ment, agreeabl}' to the nomination of the President.

Mr. Sparrow, from the Committee on Militar}^ Affairs, to whom
were referred (on the 14th Deceuiber, ultimo) the nominations of Phil.
Cook, E. G. Lee, and D. A. Weisiger, to be brigadier-generals, and
G. W. C. Lee (referred to same committee on l2;3d ultimo) to be
major-general, reported, with the recommendation that all of said
nominations be confirmed.

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

BeiioJred^ That the Senate do advise and consent to all of said
appointments, agreeabh" to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 2.5th ultimo) the nominations of William Win-
ston, C. E. Royston, and Robert Brodnax, to be aids-de-camp, with the
rank of first lieutenant, and John H. Leete, William M. Thomas,
D. H. Halsev, and Whitfield Scott, to be adjutants, with the rank of
first lieutenant, reported, with the recommendation 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.

On motion b}" Mr. Sparrow,

The Senate resolved into open legislative session.

SATURDAY, February 1, 1865.

OPEN SESSION.

]\Ir. Brown (by leave) introduced

A joint resolution (S. 27) of thanks to Capt. Raphael Semmes, of the
Confederate States war steamer Alabama, and the officers and crew
under his conunand;

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

On motion by Mr. Henr}-,

Ordered^ That the Hon. Benjamin H. Hill have leave of absence
from the sessions of the Senate until Saturday, the 4th day of March
next.

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

Mr. Presideul: The Honse of Representatives have pa.ssed a bill and joint resolu-
tion of the following titles; in which they reijuest the coneurrenoe of the Senate:

H. R. H61. An act to provide for the reissue of bonds and certificates of indebted-
ness of the Confederate States in certain cases; and

H. R. 25. Joint resolution of thanks to the First, Fourth, and Fifth Texas and
the Third Arkansas rejiiinents, conijiosino: the Texas Brigade in Field's Division,
Lougstreet's Corps, Army of Northern Virginia.



522 JOURNAL OF THE [Feb. 4, 1865.

And they have passed the bill of the Senate (S. 84) to regulate, for a limited
period, the compensation of the officers, clerks, and employees of the civil depart-
ments of the Government in the city of Richmond, with amendments; in which
they request the concurrence of the Senate.

The House of Representatives have concurred in the resolution of the Senate,
instructing the joint select committee appointed to investigate the condition and
treatment of prisoners of war held by the Confederate and United States Govern-
ments; also to 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.

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

A bill (S. 184) to exempt from military service skilled artisans and
mechanics;
which was read and passed to a second reading.

Ordered^ That it be printed.

Mr. Burnett, from the Committee on Claims, to whom was referred
the joint resolution (H. R. 23) for the relief of the Virginia Mechanics'
Institute, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said resolution; and no amendment being proposed,
it was I'cported to the Senate.

Oi'dend, That it pass to a thiid reading.

The said resohition was read the third time,

Rcsolred^ That it pass.

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

Mr. Burnett, from the Committee on Claims, to whom was referred
the memorial of Power. Low & Co., reported a Wll (S. 185) for their
relief; which was read and passed to a second reading.

On motion by ]Mr. Burnett,

Oi'dci'id^ Tiiat the Committee qu Claims be discharged from the
furtlier consideration of tiie memorial of Capt. C. S. Hart.

The l)ill (H. II. 'M\V) and joint resolution (II. K. 25) this day received
from the House of Representatives for concurrence were .severally read
the first and second times; and

Ordered^ That the bill ]>e referred to the Committee on Finance, and
the joint resolution to tiie (.ommittee on Military Affairs.

The Senate proceeded to consider tiie aincMidments of tlie House of
Repi-esentatives to the bill (S. Si) to regidatc, for a limited pei'iod, the
com])en.sation of tiie ofhcers, clei'ks, and emi)loy(^es of the civil depart-
ments of the (J()\ (M'nment in the city of Richmond; and

Ordi red. That they be referred to the Conunittee on Finance.

The Senate resumed the consideration of the amendments of the
House of Representatives to the bill (S. 12J>) to provide for the employ-
ment of free negroes and slaves to work upon fortifications and per-
form other lal)or connected with the defenses of the countr}'.

The question being on agreeing to the motion submitted on yester-
day b}' Mr. Orr, to reconsider the vote on disagreeing to the second
amendment, to wit: In section 2, line 5. strike out after the word
"years," all down to and including the word •* river," in line 8; and

After debate.

On motion by Mr. Garland,

Ordered^ That the f uither consideration thereof be postponed until
Monday next.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 137) to establish the flag of the Confederate



Feb. 6, 1865.] SENATE. 523

States; 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 ' Representativ es therein.

On motion by Mr. Sparrow,

The Senate adjourned.



MONDAY, February 6, 1865.

OPEN SESSION.

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

Mv. President: 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. Maxwell submitted the following resolution; which was consid-
ered and agreed to:

Resolved, That the President of the Confederate States be respectfully requested to
furnish to the Senate, if not incompatible with the public interest, a copy of the cor-
respondence, if any, between the Government of the United States and the commis-
sioners recently sent by him to that Government, and also a copy of the report made
by them of their proceedings and action.

Mr. Graham presented the memorial of A. C. Williamson, depositary
at Charlotte, N. C. , praying the passage of an act authorizing the Sec-
retary of the Treasury to issue duplicates of certain seven per cent
coupon bonds which have been lost or misplaced; which was referred
to the Committee on Claims.

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

Resolced, Tliat the Committee on Naval Affairs be instructed to inquire into the
expediency of transferring the Marine Corps, or so nmch thereof as may not be
required for urgent duty in that branch of service, to the Army, for such length of
time as the condition of the public defenses may require.

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

Resolved, That the Committee on Finance be instructed to inquire into the expe-
diency of amending the first amendment proposed by the House of Representatives
to the bill (S. 84) to regulate, for a limited period, the compensation of the officers,
clerks, and emi)loyees of the civil departments of the Government in the city of Rich-
mond, by inserting after "Departments," in the fourth clause of said amendment,
the words "the principal clerk in charge of the inspection office, Post-Office Depart-
ment," and by inserting after "Bureaus," in the fifth clause, the words "and the
principal clerk in the Contract, Finance, and Appointment Bureaus of the Post-Office
Department. ' '

Mr. Brown, from the Committee on Naval Affairs, to whom was
referred the joint resolution (S. 27) of thanks to Capt. Raphael Semmes,
of the Confederate States war steamer Alabama, and the officers and
crew under his command, 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 be engrossed and read a third time.



524 JOUENAL OF THE [Feb. 6, 1865.

The said resolution 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.

On motion by Mr. Baker,

Ordcnd^ That the Committee on Post-Officesand Post-Roads be dis-
charged from the further consideration of a resolution inquiring
whether any law or regulation, beyond those now established, is nec-
essary to insure the prompt transmission to the postal authorities of
the United States of letters or other mail matter addressed to pris-
oners of war in the hands of the enemy,

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

A bill (S. 150) to provide for the lighting and warming of the Exec-
utive Mansion, and for the supply of forage and commissary stores for
the use of the Commander in Chief of the Army and Navy of the Con-
federate States.

The President having signed the enrolled l)ill 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.

The Senate resumed the consideration of the amendments of the
House of Representatives to the bill (S. J'2i>) to provide for the employ-
ment of free negroes and slaves to Avork u})on fortitications and per-
form other labor connected with the defenses of the country.

On the (|uestion to agree to the motion submitted by ]\Ir. Orr on
Frida}'^ last, to reconsider the vote on disagreeing to the second amend-
ment, to wit: In sectron 2, line 5, strike out after the word "years,"
all down to and including the word "river,'"' in line 8,

( Yeas - - 12

It was determined in the affirmative, -^ xt o

' I JSa^^s 8

On motion by Mr. Oraham,

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

Those who voted in the affirmative are,

Messrs. Brown, Burnett, Dortch, Henry, Johnson of Missouri, Old-
ham, Simms, Sparrow, Vest, Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Caperton, Graham, Haynes. II miter. Maxwell. Orr,
and Semmes.

Tiie Senate resumed the consideration of the said amendment; and

On the (juestion to agree thereto,

It was determined in the affirmative.

On motion by Mr. Sparrow, to reconsider the vote on disagreeing
to the fourth amendment, to wit: In line 8, section 3, after the word
"stated," strike out all down to and including the word "necessary,"
in line 11, and insert in lieu thereof the words "as the wants of the
service ma}- reciuire,"

It was determined in the affirmative.

The Senate resumed the consideration of the said amendment; and

On the question to agree thereto,

It was determined in the affirmative.

So it was

Resolved, That the Senate agree to tlie first, second, fourth, fifth, seventh, eiglith,
ninth, twelfth, thirteenth, fourteenth, and fifteenth, and disagree to tlie third, tenth,



Feb. 6, ise.'s.] SENATE. 525

and eleventh amendments of the House of Representatives to the said bill, and that
they agree to the sixth amendment, with an amendment.

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

The following message was received from the President of the Con-



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