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

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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, 1864.

Mr. Johnson of Missouri (by leave) introduced

A bill (S. 186) to grant to the principal officer in each of the Execu-
tive Departments a seat upon the floor of each House of Congress;
which was read the first and second times and referred to the Committee
on the Judiciary.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 301) to provide for the reissue of bonds and certifi-
cates of indebtedness of the Confederate States in certain cases,
"eported it without amendment.

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



534 JOURNAL OF THE [Feb. 8, 1865.

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.

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged from
the further consideration of the message of the President of the Con-
federate States of the 18th of November last, transmitting an estimate
for an appropriation to pay for the steamer Phoenix, and that it be
referred to the Committee on Finance.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 138) to provide for the more efficient execution of
conscription, and for the arrest of deserters and absentees from the
Arm}', and who were instructed by a resolution of the Senate to
inquire into the subject, reported

A bill (S. 187) to regulate the business of conscription;
which was read and passed to a second reading.

Ordered, That it be printed.

On motion by Mr. Brown,

Ordered, That the Committee on Naval Affairs be discharged from
the further consideration of a resolution inquiring into the expedienc}'
of transferring the Marine Corps to the Army.

Mr. Henry presented a series of resolutions passed at a meeting of
the officers and men of Archer's brigade, expressing their undimin-
ished confidence in the Hnal success of our struggle for liberty; also a
series of resolutions passed at a meeting of the officers and men of
Johnson's old Tennessee brigade in relation to the present condition
of the Army and the countr}'; which were severally read.

Ordered, That they lie upon the table and be printed.

Mr. Henry (by leave) introduced

A joint resolution (S. 28) of thanks to the officers and soldiers of Gen.
Bush rod ,Iohnson's old l)rigade of Tennessee troops and the brigade
of the late (ieneral Archer, composed of Tennessee and Maryland
troo])s, now in the Army of Northern Virginia;

which was read the lirst 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 resolution was read the third time.

Resolred, 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 l)ills and joint resolution received this day from the House of
Represontati\('s for concurrence were severally read the ffrst and
second times; and

Ordered, That the bill numbered 364 be referred to the Committee
on Military Affairs and that the bill numbered 365 and the joint reso-
lution numbered 26 be referred to the Connnittee on Claims.

The Senate proceeded to consider the resolution submitted by Mr.
Baker on the 28th dav of January last, fixing a day for the adjourn-
ment of the present session of Congress; and



Feb. 8, 1865.] SENATE. 535

On motion b}' Mr. Semnies,

Ordered^ That the further consideration thereof be postponed until
Friday next.

On motion by Mr. Burnett,

The Senate resolved into executive session.

The doors having- been opened,

The President laid before the Senate a letter from Samuel J. Harri-
son and others, a committee, inviting- the President and members of
the Senate to attend a meeting- of the citizens of Richmond, to be held
at the African Clmrch to-morrow at 12 o'clock m,; which was read.

Ordered^ That it lie upon the table.

On motion by Mr. Orr, that when the Senate adjourn it be to Friday
next.

It was determined in the negative.

On motion by jNIr. Garland,

The Senate adjourned.

EXECUTIVE SESSION.

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

Resolved, That the President of the Confederate States be respectfully requested to
return to the Senate the transcript of the Executive Journal of the Senate, communi-
cating to him the action of the Senate upon the nomination of E. G. Lee, to be a
brigadier-general in the Provisional Army of the Confederate States of America,
that the Senate may take further action upon said nomination.

Mr. Sparrow, from the Connnittee on Military Affairs, to whom was
referred (on the lltli December, ultimo) the nomination of G. B. Hodg-e,
to be a brigadier-general in the Provisional Army of the Confederate
States, reported, with the recommendation that said nomination be con-
firmed.

The Senate proceeded to consider said report; and

After debate.

On the question.

Will the Senate advise and consent to the appointment of G. B.
Hodge, to be brigadier-g-eneral ?

It was determined in the negative, \ ^^ ^ -,o

* '(Nays 18

On motion by Mr. Orr,

The yeas and na3's being- desired by one-fifth of the Senators present,

Those who voted i>i the afiii'mative are,

Messrs. Semmes and Sparrow.

Those who voted in the negative are,

Messrs. Baker, Brown, Burnett, Caperton, Dortch, Garland, Gra-
ham, Haynes, Johnson of Georgia, Johnson of Missouri, Maxwell,
Oldham, Orr, Sinmis, Vest, Walker, Watson, and Wigfall.

So it was

Rewlved^ That the Senate do not advise and consent to the appoint-
ment of G. B. Hodge, to be brigadier-general, agreeabl}^ to the nomi-
nation of the President.

Mr, Sparrow, from the Committee on Military Affairs, to whom was
referred (on the 3oth November, ultimo) the nomination of J. U. Ans-
ley, to be military storekeeper, with the pay and "allowance of captain
of infantry; and to whom was referred (on the !21st November, ultimo)
the nomination of S. T. Kingsbeiy, to be captain of cavalry; and of



536 JOURNAL OF THE [Feb. 8, 1865.

Powhatan Lockett, to be militaiy storekeeper, Engineer Corps, with
pay and allowance of captain of infantr}"; and J. W. Allen, to be mili-
tar}^ storekeeper of ordnance, with pa}^ and allowance of first lieutenant
of infantry (referred to same committee on the 16th December, 1864),
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 appoint-
ment, agreeably to the nomination of the President.

Mr, Sparrow, from the Conunittee on Military Affairs, to whom
were referred (on the 29th December, 1864) the nominations of
E. Surget, M. W. Lev}', and H. E. Peyton, to be lieutenant-colonels;
S. L. Black, J. M. Adams, and H. E. Young, to be majors in the
Adjutant-GeneraFs Department; R. H. Herbert, T. E. Ballard, B. C.
Adams, W. W. Thornton, R. A. Howard, T. U. Dudley, and T. H.
Bostick, to be majors in the Commissary Department; and John D.
Kennedy, to be brigadier-general, with temporary rank (referred to the
same conunittee on the l>th ultimo), reported, with the recommendation
that all of said nominations l)e contirmed.

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

Rexolved^ That the Senate do advise and consent to their appoint-
ment, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Afi'airs, to whom
were referred (on the Tth instant) the nominations of William A. Percy,
to be lieutenant-colonel, and E. Rol)erts. to be major of cavalry; R. E.
Foote. to be major in the A(ljutant-(i(Miei-ars I)(>|);ii'linent; T. J\ Tray-
1(U' and Henry C. Britton, to be captains, and William A. ,Jamies(>n and
(t. S. Noland, to be second lieutenants (for distinguished valor and
skill); J. C. Stafford, to be ipiartermaster. with the rank of major;
and flohn H. Hunter and ,Ios. H. Seawell, to be assistant (juarter-
masters, with the rank of captain; T. H. C. Stone, to be assistant com-
missary, with the rank of captain; .lames C'. Acton and J. '1\ Wheat,
to be chaplains; and Cadets E. A. Semj^le, F. H. Perkins. Minor Ken-
ner, Jos. F.Johnston,.]. C. H. Bryant. John Taliaferro, ^^^ S. Farish,
and .1. L. Boatwright, to be second lieutenants of infantry in the Army
of the Confi^derate Stafx^s, reported, with the reconnnendation that all
of said nominations be contirmed.

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

Rexolvrd^ That the Senate do advise and consent to their appoint-
ment, agreeably to the nomination of the President.

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:

Agreeably to the recommendation of the Secretary uf tlie Navy, I lierewitli nomi-
nate the persons named on the annexed list to the oflSces desifinated.

JEFFERSON DAVIS.

Richmond, Va., Februui-y S, 1S65.



Feb. 8, 1865.] SENATE. 537

No. 10.] Navy Department, Confederate States of America,

Richmond, February 8, 1865.
The President.

Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Navy:

Rear-admiral.

Capt. Raphael Semmes, of Alabama, " for gallant and meritorious conduct in
command of the steam sloop Alabama."

Captain.

Commander John Taylor Wood, of Louisiana, " for gallant and meritorious con-
duct in command of the naval expedition which, on the night of the 1st of
February, 1864, cut out from under the guns of the enemy, at Newbern, N. C, the
Federal gunboat Underwriter, and destroyed her; and in command of the steam
sloop Tallahassee, in a cruise against the enemy's commerce, in August, 1864, in
which he captured 33 of the enemy's vessels, destroyed 26 of them and bonded and
released 7."

Commander.

First Lieut. P>enjamin P. Loyall, of Virginia, " for gallant and meritorious conduct
as second in command and executive officer of the naval expedition which, on the
night of the 1st of February, 1864, cut out from under the guns of the enemy, at
Newbern, N. C, the Federal gunboat Underwriter, and destroyed her."
With high regards, I am, your obedient servant,

S. R. MALLORY,
Secretary of the Navy.

The message was read.

Ordered^ That it be referred to the Committee on Naval Affairs.
The following- messages were received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretar}-.

Executive Department, Confederate States of America,

Richmond, February 7, 1865.
To the Senate of iJie Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Col. Wil-
liam McComb, of Tennessee, to be brigadier-general in the Provisional Army of the
Confederate States of America.

JEFFERSON DAVIS.

No. 184.] War Department, Confederate States of America,

Richmond, February 7, 1865.
Sir: I have the honor to recommend the nomination of Col. William McComb,
of Tennessee, to be brigadier-general in the Provisional Army of the Confederate
States of America, to connnand brigade. Army of Northern Virginia, vice General
Archer, deceased, to rank from January 20, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, February 7, 1865.
To tlie Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate F. C.
Clewell, of Missouri, to be adjutant First Missouri Cavalry Regiment, in the Pro-
visional Army of the Confederate States of America.

JEFFERSON DAVIS.



538 JOURNAL OF THE [Feb. 8, 18C5.

No. 183.] War Department, Confederate States of America,

Richmond, February 7, 1865.
Sir: I have the honor to recommend the nomination of F. C. Clewell, of Missouri,
to be adjutant First Missouri Cavalry Regiment, in the Provisional Army of the
Confederate States of America (an original vacancy), to rank from April 22, 1868.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States op America,

liichmond, February 7, 186.5.
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, resiiectively.

JEFFERSON DAVIS.

No. 191.] War Department, Confederate States of America,

Richmond, February 6, 1865.
Sir: I have the honoi to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

( 'ohnel.

Lieut. Col. W. H. Forney, of Alabama, to l)e colonel Tenth Alabama Regiment,
vice Colonel Woochvard, killetl, to rank from June 27, 1862.

Lieutenant-colonels.

Maj. \V. H. Fitz Gerald, of Mississippi, to be lieutenant-colonel Twenty-first Missis-
sippi Regiment, vice Lieutenant-Colonel Sims, deceased, to rank from October 19,
1864.

Maj. F. W. Cox, of Virginia, to 1)e lieutenant-colonel Fortieth Virginia Regiment,
vice Lieutenant-Colonel Walker, promoted, to rank from August 26, 1862.

Maj. William T. Smith, of Alabama, to be lieiitenant-colnnel Tenth Alabama Regi-
ment, vice Lieutenant-C<)loncl Forney, pmmottMl, to rank from Novend)er 2(i, 1864.

Maj. B. II. (tee, of (ieorgia, to be lieutcnant-CDloncl Fifty-ninth (ie<jrgia Regiment,
vice Lieutenant-Cdonel Harris, rcsigncil, to rank from .Inly 10, 1868.

Maj. John S. Prather, of , to be lieutenant-colonel Eighth Confederate Regi-
ment Cavalrv, vice Lieutenant-Colonel Falkner, resigned, to rank from December
16, 1862.

Capt. James A. Broome, of Alabama, to be lieutenant-colonel Fourteenth Alabama
Regiment, vice Major Wood, promoted, and Lieutenant-Colonel Baine, deoeased, to
rank from July 8, 1862.

Majors.

Capt. H. A. Edmundson, of Virginia, to l)e major Fifty -third Virginia Regiment,
vice Major Timberlake, i)romoted, to rank from October 22, 1864.

Capt. L. W. Johnson, of Alaliama, to l)e major Tenth Alabama Regiment, vice
Major Smith, jiromoted, to rank from November 26, 1864.

Capt. W. K. Perrin, of Virginia, to be major Twenty-sixth Virginia Regiment, vice
Major Fitzhugli, deceased, to rank from June 18, 1864.

Cajtt. W. II. Fickling, of (ieorgia, to be major Fifty-ninth Georgia Regiment, vice
Major (-lee, promoted, to rank from .July 10, ]86o.
I am, sir, ret'ijectfulh , vour obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, February 7, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, 1 nominate the officers
on the accompanying list to the grades affixed to their names, respectively.

JEFFERSON DAVIS.



Feb. 9, 10, 1865.] SENATE. 539

No. 190.] Wak Department, Confederate States of America,

Richmond, February 7, 1S65.
Sir: I have the honor to recommend the following nominations for apijointment
in the Provisional Army of the Confederate States of America:

Aids-de-camp — first lieutenants.

William Eggleston, of South Carolina, to be aid to Brigadier-General Starke fan
original vacancy), to rank from January 30, 1865.

C. F. Hampton, of South Carolina, to be aid to Major-General Hampton, vice
Lieut. P. Hampton, killed, to rank from December 18, 1864.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confeder.^te States of America,

Richmoiid, February 7, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Maj.
George W. Day, of Tennessee, to be lieutenant-colonel Twelfth Tennessee Battal-
ion Cavalry, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 188.] War Department, Confederate States of America,

Richmond, February 7, 1865.
Sir: I have the honor to recommend the nomination of Maj. George W. Day, of
Tennessee, to be lieutenant-colonel Twelfth Tennessee Battalion Cavalry, in the
Provisional Army of the Confederate States of America (an original vacancy, caused
by increasing the battalion to six companies), to rank from January 19, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severally read.

Ordered, That they be referred to the Committee on Military Affairs.
On motion by Mr. Brown, the Senate resolved into open legislative
session.

THURSDAY, February 9, 1865.

OPEN SESSION.

On motion by Mr. Caperton,
The Senate adjourned.

FRIDAY, February 10, 1865.

OPEN SESSION.

Mr. Garland (by leave) introduced

A bill (S. 188) to construe the fourth paragraph of the fifth section
of the act to levy additional taxes for the common defense and sup-
port of the Government, approved February 17, 1861, and to explain
more fully the true intent and meaning thereof;

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

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



540 JOURNAL OF THE [Feb. 10, 1865.

A bill (S. 189) to amend the several acts for the establishment and
organization of a general staff for the armies of the Confederate
States;

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. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (H. R. 36-1) appropriating $10,000 to paj^ claims
in the recruiting service of the Confederate States, reported it without
amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said hill; 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, \ ^ ' ^

' ( iSa3^s

The vote having been taken l)y 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, Dortch, Garland, Graham, llay'nes, Hunter, Johnson
of Georgia, Maxwell, Oldham, Orr, Semmes, Sparrow, Vest, Walker,
Watson, and Wigfall.

So it was

Resolved, That this bill pass, two-thirds of the Senate having voted
therefor.

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

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

Mr. President: The House of Representatives agree to tlie amendment of the Senate
to the sixth anu>n(hnent of the House to tlie bill (8. 129) to provide for the employ-
ment of froi' lu'tiroe.'^ and slavon to work uixm fortifications and jierform other labor
connected with the defenses of the country, insist ui)on their third, tenth, and
eleventh amendments, disagreed to by the Senate to the said 1)ill, ask a conference
upon the disagreeing votes of the two Houses thereon, anil have appointed Messrs.
Chambers, Baldwin, and Sexton managers at said conference on their ])art.

The House of Representatives disagree to the amendment of the Senate to the
amendments of the House to the bill of the Senate (S.117) to authorize the com-
manders of the reserves in each State to order general courts-martial and to revise
the proceedings of courts-martial and military courts, ask a conference on the dis-
agreeing votes of the two lh)uses thereon, and have ai)i>oin,ted Messrs. Marshall,
Simpson, and Ilanly managers at said conference on their part.

The House of Representatives disagree to the amendment of the Senate to the
bill ( H. R. .^04) to increase the efficiency of the cavalry of the Confederate States,
ask a conferenci' on the disagreeing votes of the two Houses thereon, and have
appointed Messrs. Wickham, Clark, and Turner managers at said conference on their
part.

The House of Representatives disagree to the amendments of the Senate to the
bill (H. R. 229) to provide more effectually for the reduction and redemption of the
currency, ask a conference on the disagreeing votes of the two Houses thereon, and



Feb. 10, 18(>^.] SENATE. 541

have appointed Messrs. Lyon, Rus.sell, Perkins, Colyar, and Anderson managers at
the said conference on their part.

The House of Representatives have passed a joint resohition (H. R. 27) for the
reUef of the legal representatives of Jolm R. Cardwell ; in which they request the
concurrence of the Senate.

They have passed a bill and joint resolution of the Senate of the following titles:

S. 168. An act to authorize the appointment of a commissary -general, with the
rank of a brigadier-general; and

S. 27. Joint resolution of thanks to Capt. Raphael Semmes, of the Confederate
States war steamer Alabama, and the officers and crew under liis command.

And they have passed a resolution fixing a day for the adjournment of the present
session of Congress; in which they request the concurrence of the Senate.

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.

On motion by Mr. Baker, and by unanimous consent,

Ordered^ That 200 copies of the report of the Postmaster-General,
of April 29, 1861, be printed for the use of the Senate.

Mr. Wigfall presented certain documents in relation to the inferior
quality of tobacco distributed to the Army; which were referred to
the Committee on Military Affairs.

The Senate proceeded to consider the resolution of the House of
Representatives lixingaday for the adjournment of the present session
of Congress; and

On motion by Mr. Wigfall, that the further consideration thereof be
postponed until Monday, the 20th instant,

It was determined in the negative.

On motion by Mr. Semmes, that the further consideration of the
resolution be postponed until Tuesda}^ next,

It was determined in the negative.

On the question,

Will the Senate agree to the resolution?

It was determined in the negative, \^ \ ^ ^

On motion by Mr. Burnett,

The 3^eas and naj^s being desired by one-fifth of the Senators present,

Those who v^oted in the affirmative are,

Messrs. Baker, Brown, Dortch, Garland, Graham, Haynes, Johnson
of Georgia, Johnson of Missouri, Maxwell, Sparrow, and Walker.

Those who voted in the negative are,

Messrs. Burnett, Caperton, Henry, Hunter, Oldham, Orr, Semmes,
Simms, Vest, Watson, and Wigfall.

So the resolution was not agreed to.

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

Mr. Maxwell submitted the following- motion for consideration:

Ordered^ That the vote on disagreeing to the resolution of the
House of Representatives fixing a day for the adjournment of the
present session of Congress be reconsidered.

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, insisted on by the
House of Representatives; and

On motion by Mr. Sparrow,

Resolved, That the Senate insist on their disagreement to the amend-
ments of the House of Representatives to the said bill, and agree to



542 JOURNAL OF THE [Feb. 10, 1865.

the conference asked by the House on the disagreeing votes of the two
Houses thereon.

On motion by Mr. Sparrow,

Ordered^ That the committee of conference on the part of the
Senate be appointed by the President pro tempore; and

Mr. Burnett, Mr. Graham, and Mr. Caperton were appointed.



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