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

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

The Senate proceeded to consider their amendment, disagreed to by
the House of Kepresentatives, to the amendments of the House to the
bill (S. 117) to authorize the conunanders of the reserves in each State
to order general courts-martial and to revise the proceedings of courts-
martial and military courts; and

On motion by Mr, Sparrow,

Resolved^ That the Senate insist upon their amendment to the
amendments of the House of Representatives to the said bill, and agree
to the conference asked b}' 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 Sen-
ate be appointed by the President pro tempore; and

Mr. Henry, Mr. Dortch, and Mr. Simms were appointed.

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

The Senate proceeded to considoi- their amendment, disagreed to by
the House of Representatives, to the bill (H. R. 304) to increase the
efficiency of the cavalry of the Confederate States; and

On motion by Mr. Sparrow,

Rrsoind, That the Senate insist on their amendment to the said bill,
and agree to the conference asked by the House of Representatives 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 Sen-
ate be appointed l)y the President pro temi)ore; and

Mr. AV igfall, IVIr. Johnson of Missouri, atid Mr. Haynes were
appointed.

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

The Senate proceeded to consider their amendments, disagreed to b}'
the House of Rcpi-escntatives, to the l)ill (H. R. 22J)) to provide more
effectually for the reduction and redemption of the currency; and

On motion by Mr. Semmes,

Remlved, That the Senate insist on their amendments to the said bill,
and agree to the conference asked by the House of Representatives on
the disagreeing votes of the two Houses thereon.

On motion by ]Mr. Sennnes,

Ordered^ That the conunittee of conference on the part of the Sen-
ate be appointed l)v the President pro tempore; and

Mr. Semmes, ^Ir. Graham, and Mr. Oldham were appointed.

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

The joint resolution (H. R. 27) for the relief of the legal representa-
tives of John R. Caldwell was read the first and second times and
referred to the Conunittee on Claims,



Feb. 10, 1865.] SENATE. 543

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

A bill (H. R. 861) to provide for the reissue of bonds and certifi-
cates of indebtedness of the Confederate States in certain cases.

The President pro tempore 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. Burnett, from the Committee on Claims, to whom was referred
the joint resolution (H. II. 26) for the relief of James D. Brown,
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. Burnett, from the Committee on Claims, to whom was referred
the y)ill(H. R. 365) for the relief of Maj. D. W. Hinkle, quartermaster
of Finegan's and Perry's brigades, reported it without amendment
and submitted a report (No. 7); which was ordered to be printed.

Mr. Oldham (by leave) introduced

A bill (S. 190) to provide for raising 200,000 negro troops;
which was read the first and second times and referred to the Com-
mittee on Military Afl'airs.

Ordered^ That it be printed.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 173) to receive volunteer troops for the war;
and

On motion by Mr. Burnett,

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

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of 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 pu])lic defense," approved Februar}' 6, 1864; and

On motion b}" Mr. Watson,

Ordered^ That it be transferred to the Secret Legislative Calendar.

The bill (S. 181) to provide supplies for the Army, and to prescribe
the mode of making impressments, was read the second time and con-
sidered as in Committee of the Whole; and

On motion by Mr. Wigfall,

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

The bill (S. 180) to amend an act entitled "An act to prevent the
procuring, aiding, and assisting persons to desert from the Army of
the Confederate States, and for other purposes," approved January
22, 1864, was read the second time and considered as in Committee of
the Whole: and no amendment being proposed, it was reported to
the Senate.

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

The said bill was read the third time.



544 JOURNAL OF THE [Feb. lo, 1865.

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, as in Committee of the Whole, to the consid-
eration of the bill (H. R. 350) to diminish the number of exemptions
and details.

On motion f\v Mr. Orr, to amend the l)ill by striking out the first
section.

It was determined in the negative.

On motion b}^ Mr. Orr. to amend the bill hj inserting at the end of
the tirst section the following proviso:

Prorided, That exemptions of persons over forty-five years of age may be granted
under the provisions of the act aforesaid,

It was determined in the affirmative, ] vr ^ 7.

On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Baker, Brown, Capcrton, (xraham. Hunter, Johnson of
Georgia, Maxwell, Oldham, Orr, Walker, Watson, and Wiglall.

Those who voted in the negative are,

Messrs. Burnett, Dortch. Garland, Haynes, Henry, Simms, Spar-
row, and Vest.

The hill having been further amended.

On motion 1>3' Mr. Orr,

Ordei'ed., That the further consideration thereof be postponed to
and made the special order for Monday next, at 1 o'clock.

On motion l)y Mr. Walker,

The Senate resolved into executive session.

The doors having })een opened.

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

Richmond, Ya., Febrmmi 10, 1865.
To the Senate and House of RepreMidatires:

I herewith transmit for your consideration a communication from tlie Secretary of
the Treasury, covering an estimate for an ad<litional ajipropriation required by the
Navy Department.

JEFFERSON DAVIS.
The message was read.

Ordered^ That it be referred to the Committee on Finance.
A message from the President of the Confederate States, by Mr.
B. N. Harrison, his Secretary:

Mr. I're.'<idcnt: On the 8th instant the President of the Confederate States approved
and signed an act (S 155) to regulate the pay and allowances of certain female
employees of the Oovernment.

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

On motion b}- Mr. Henry,
The Senate adjourned.

SECRET SESSION.

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

3fr. Prr.videril: The President of the Confederate States has notified the House of
Representatives that on the l-td instant Iw approved and signed an act (IT. R. .S57)
making an api)ropriati(>ii for the redemption of one-fortieth of the three million
pounds foreign loan, due March 1, 1864.



Feb. 10,1865.] SENATE. 545

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

Mr. President: On the 8th instant the President of the Confederate States approved
and signed a joint resohition (S. 25) to amend a joint resohition entitled "Joint
resolution on the subject of retaliation," approved May 1, 1863.

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of 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, 1864; and
having been amended, on the motion of Mr. Oldham, it was reported
to the Senate and the amendment was concurred in.

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

The said bill was read the third time.

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

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

On motion by Mr. Oldham,

Ordered^ That the injunction of secrecy be removed from the pro-
ceedings of the Senate on the bill (S. 162) last mentioned.

Mr. Henry submitted the following resolution; which was considered
and agreed to:

Remlred, That the Committee on Finance be instructed to inquire into the expedi-
ency of taking for the public use all cotton, tobacco, and naval stores now in exposed
districts and liable to capture by the enemy, by paying to the owner the market
value for the same in Confederate Treasury notes or their equivalent in gold; and
that the said committee also inquire into the expediency of authorizing the President
to sell or dispose of the same for the public use.

On motion by Mr. Burnett,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

Mr. Graham, from the Committee on Naval Affairs, to whom were
referred (on the 8th instant) the nominations of Capt. Raphael Semmes,
to be rear-admiral; Commander John Taylor Wood, to be captain, and
First Lieut. Benjamin P. Loyall, to be commander, "for gallant and
meritorious conduct," etc., 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.

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

Executive Department, Confederate States of America,

Richmond, Fehrvanj 10, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate T. Bullitt
Alexander, of Kentucky, to be second lieutenant, Corps of Cavalry, Army of the Con-
federate States of America.

JEFFERSON DAVIS.

c J— VOL 4—04 35



546 JOURNAL OF THE [Feb. 10, 1865.

No. 197.] War Department, Confederate States of Ameeica,

Richmond, February 10, 1865.
Sir: I have the honor to recommend the nomination of T. Bullitt Alexander, of
Kentucky, to be a necond lieutenant, Corps of Cavalry, in the Army of the Confed-
erate States of America, to rank from confirmation.
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 8, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate A. E. Wal-
ters, of Virginia, to be second lieutenant Company A, Eighteenth Virginia Regi-
ment (for distinguished valor and skill), in the Provisional Army of the Confederate
States of America.

JEFFERSON DAVIS.

No. 193.] War Department, Confederate States op America,

Richmond, February 8, 1865.
Sir: I have the honor to recommend the nomination of A. E. Walters, of Virginia,
to 1)6 second lieutenant Company A, Eighteentli Virginia Regiment (for distinguished
valor and skill), in the Provisional Army of the Confederate States of America, vice
Lieutenant Paxton, deceased, to rank from January 17, 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 8, 1865.
To the Senate of the Confederate States:

Agreeal>ly to the recommendation of the Secretary of War, I nominate the officers
on the accompanying list to the grades atiixed to their names, resi)ectively.

Jefferson' DAVIS.

No. 194.] AVar Department, (Confederate States of America,

Richmond, February 8, 1865.
Sir: I have the honor to recommend the following nominations for ai^pointment in
the Provisional Army of the Confederate States of America:

First lieutenanis and adjutants.

William R. McCuUough, of Maryland, to be adjutant Second Maryland Battalion
Infantry, vice Lieutenant Laird, deceased, to rank from December 22, 1864.

William IL Mosby, of Virginia, to be adjutant Forty-third Virginia Battalion, Par-
tisan Rangers, vice Lieutenant Chapman, ajiijointed captain Company E, to rank
from August 8, 1864.

I am, sir, resjiectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate St.vtes of America,

Richmond, February 8, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of AVar, 1 nominate Col. R.
Lowry, of Mississippi, to be ])rigadier-general in the Provisional Army of the Con-
federate States of America.

JEFFERSON DAVIS.



Feb. 10, 1865.] SENATE. 547

No. 192.] War DEPARTiMENT, Confederate States of America,

Richmond, Fchruary 8, 1865.
Sir: I have the honor to recommend the nomination of Col. R. Lowry, of Missis-
sippi, to be l)rigadier-general in tlie Provisional Army of the Confederate States of
America, to command ))rio;ade, Army of Tennessee, vice Gen. J. Adams, killed, to
rank from February 4, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Sccrclarij of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

liichmond, February 8, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate F. String-
fellow, of Virginia, to be second lieutenant. Signal Corps, in the Provisional Army of
the Confederate States of America.

JEFFERSON DAVIS.

No. 196.] War Department, Confederate States of America,

liichmond, Fehrnary 8, 1865.
Sir: I have the honor to recommend the nomination of F. Stringfellow, of Vir-
ginia, to be a second lieutenant in the Signal Corps, Provisional Army of the Con-
federate States of America, vice Lieutenant Crittenden, resigned, to rank from
December 20, 1864.

I am, air, resiiectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

liichmond, February 8, 1865.
To the Senate of the Confederate States:

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

JEFFERSON DAVIS.

No. 186.] War Department, Confederate States of America,

Richmond, February 7, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

A ssistant comm issaries — captains.

B. W. Smith, of South Carolina, report to Lieutenant-Colonel C'ole, chief com-
missary Army of Northern Virginia, for assignment to dutv, to rank from Januarv
24, 1865.

H. C. Ellis, of Tennessee, for duty with Ninth Tennessee Cavalry Regiment, 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 10, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate William
W. Berry, of Virginia, to be chaplain Forty-third Virginia I5attalion, Paitisan
Rangers, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.



548 JOURNAL OF THE [Feb. 11. 1865.

No. 195.] War Department, Confederate States of America,

Richmond, Frhruary 8, 1865.
Sir: I have the honor to recommend the nomination of Wilham W. Berry, of
Virginia, to be a chaplain in the Provisional Army of the Confederate States of
America, for dnty with Forty-third Virginia Battalion, Partisan Rangers, to rank
from February 4, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRID(tE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were read.

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

On motion by Mr. Oldham,

The Senate resolved into secret legislative session.

SATUKDAY. P^ebruary 11, 1865.

OPEN SESSION.

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

Mr. I'residinl: The House of Representatives have pa.ssed a joint resolution (H. R.
28) authorizing the transfer of funds in t lie Quartermaster-General's Department; in
which they re(|uest the concurrence of the Senate.

And they have passed the joint resolution of the Senate (S. 26) of thanks to Mr.
John Lancaster, of England, for his friendly conduct toward the commander, officers,
aufl crew of the Ala})ama.

The Presi<lent of the Confederate States ha.s notified the House of Representatives
that on the 8th instant he approved and signed the following joint resolutions:

H. R. 2.3. Joint resolution for the relief of the Virginia Mechanics' Institute; and

H. R. 24. Joint resolution of tlianks to the officers and men of the Ninth, F(jur-
teenth, and Fifty-seventh regin)ents of Virginia Infantry.

The Speaker of the Ilotise of Representatives having signed an enrolled })ill and an
enrolled joint resolution, 1 am directed to bring them to the Senate for the signature
of their President.

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

Rewired, That the Committee on Military Affairs be instructed to inquire into the
propriety of providing by law that supernumerary officers and officers of the Invalid
Corps shall be assigned to the command of companies of junior reserves.

The President pro tempore laid before tlie Senate the memorial of
clerks in the Treasury De[)artnH'nt, praying an increase of compensa-
tion; which was referred to the Committee on Finance.

Mr. Haynes, from the Committee on the Judiciary, to whom was
referred the bill (S. 17!>) to amend an act to j)rovide for holding
elections for Representatives in the Congress of the Confederate States
from the State of Missouri, approved Januar}' 19, 1864, reported it
without amendment.

The Senate proceeded, as in Committee of the AVhole, to the consid-
eration of the said bill: and no amendment being proposed, it was
reported to th(> 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.

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



Feb. 11, 1865.] SENATE. 549

The joint resolution (H. R. 28) authorizing the transfer of funds in
the Quarterniaster-GeneraFs Department was read the Hrstand second
times and referred to the Committee on Finance.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (S. 152) to amend the several acts in reg-ard to mili-
tary storekeepers of ordnance; and no amendment being proposed,
it was reported to the Senate.

On the question,

Shall the bill be engrossed and read a third time?

It was determined in the negative.

So the bill was rejected.

The bill (S. 184) to exempt from militaiy service skilled artisans and
mechanics was read the second time and considered as in Committee
of the Whole; and

On motion by Mr. Sparrow, '

Ordered^ That the further consideration thereof be postDoned until
Monday next.

Mr. Dortch, from the committee, reported that they haa examined
and found trul}' enrolled a bill and joint resolution 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 his command.

The President pro tempore 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 forthwith
presented to the President of the Confederate States for his approval.

The bill (S. 187) to regulate the business of conscription was read
the second time and considered as in Committee of the Whole.

On motion by Mr. Orr, to amend the bill by inserting after ''health,"
section 5, line 5, the words "or that he is seriously maimed, or mani-
festly untit for field service,"

It w^as determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill b}^ inserting after
" three," section 6, line 2, the words "surgeons, two of whom shall be,"

It was determined in the affirmative.

On motion ])y Mr. Sparrow, to amend the bill l)y striking out "two,"
section 6, line 4, and inserting "three,"

It was determined in the affirmative.

An amendment having been proposed by Mr. Watson,

On motion by Mr. Orr,

Ordered^ That the further consideration of the bill be postponed
until Monday next, and that the proposed amendment be printed.

Mr. Burnett (by leave) introduced

A bill (S. 191) to abolish the office of all officers engaged in discharg-
ing the duties of provost-marshal, except within the lines of an army
in the field;
which was read and passed to a second reading.

Ordered, That it l>e printed.

Mr. Semmes presented a series of resolutions passed at a meeting of
the officers and men of the Washington Artillery in relation to the



550 JOURNAL OF THE [Feb. 13, 1865.

present condition of the couutiT; which were ordered to lie upon the
table and be printed.

On motion by Mr. Wigfall,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion b}' Mr. Haynes,

The Senate adjourned.

SECRET SESSION.

Mr. Wigfall submitted the following resolution for consideration:

Besolred, That the Honorable Judah P. Benjamin, Secretary of State, having, in
the opinion of the Senate, lo.st the confidence of the country as a wise and discreet
cabinet minister, will subserve the public interests by retiring from the State Depart-
ment.

Resolred, That the Secretary of the Senate be directed to inclose copies of the
foregoing resoluti(jn to President Davis and to the Honorable J. P. Benjamin.

The Senate ])roceeded to consider the said resolution; and
On motion by Mr. (xarland,

Oi'ih'Vtd., That the further consideration thereof be postponed until
Monday next.

On motion b}' Mr. Haynes,

The Senate resolved into open legislative session.

MONDAY, February 13, 1865.

OPEX SESSION.

A message from tb(^ IIou.se of Representatives, by Mr. Dalton:

M>\ President: The Hon.'^e of Rei)rt'sentatives have passed a bill (H. R. 3()8) for the
relief of James Sykes, agent of James W. Sykes; in which they re(juest the concur-
rence of the Senate.

The Speakei- of the House of Representatives having signed an enrolled bill and
an enrolled joint I'esolntion, T am directed to bring them to the Senate for the signa-
ture of their President.

Mr. Walker presented a series of resolutions passed at a meeting of
the otHcors and men of Law's brigade in relation to the condition of the
country and the iirosiHution of the war; which were ordered to lie
upon the tal)lc and b(^ printed.

Mr. C'aperton i)resented.a series of resolutions passed at a meeting
of the ollicers and men of Parker's battery of Virginia Artiller}- in
relation to the terms of peace proposed by the Ignited States Govern-
ment and to the prosecution of the war; which were ordered to lie
upon the table and be printed.

Mr. Sparrow, fiom the Committee on Military Affairs, who were



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