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

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instructed l)y a resolution of the Senate to incjuire into the sul)ject,
)ei)orted

A bill (S. 192) to anuMid the act entitled "An act to organize forces
to serve during the war,"" approved Fe1)ruary IT, ISt)-!;
which was read and passed to a second reading.

Ordered^ That it be printed.

Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (S. 190) to provide for raising 20U,()(M> negro
troops, repoi'ted it with an amendment.

Ordered, That the amendment be printed.



Feb. 13, 1865.] SENATE. 551

Mr. Sparrow, from the Comniittcc on Military Alfairs, reported

A joint resolution (S. 21)) extending- the provisions of the joint reso-
lution to allow sick and wounded officers of the Army transportation
to their homes, and hospital accommodations, api)roved June 10, 1864;
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 resolution was read the third time.

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

Ordered^ That the Secretar}^ request the concurrence of the House
of Representati\'es therein.

The bill (H. R. 868) for the relief of James Sykes, agent of James
W. Sykes, was read the first and second times and referred to the Com-
mittee on Claims.

The Senate resumed, as in C'ommittee of the Whole, the considera-
tion of the bill (S. 173) to receive volunteer troops for the war; and

(Jn motion by Mr. Henry,

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. ISI) to provide supplies for the Arni}^, and to pre-
sci'ibe the mode of making impressments; and having been amended on
the motion of Mr. Walker, 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 be as aforesaid.

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 181) to exempt from military service skilled arti-
sans and mechanics; and

On motion by Mr. Sparrow,

Ordered, That the further consideration thereof be postponed until
Thursday next.

On motion by Mr. Caperton,

The Senate resolved into secret legislative session.

The doors having been opened,

Mr. Caperton, from the committee, reported that they had exam-
ined and found truly enrolled a bill and joint resolution of the fol-
lowing titles:

H. R. 364. An act appropriating §10,000 to pay claims in the
recruiting service of the Confederate States; and

S. 26. Joint resolution of thanks to Mr. John Lancaster, of Eng-
land, for his friendly conduct toward the commander, officers, and
crew of the Alabama.

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.

On motion by Mr. Orr,

The Senate adjourned.



It was determined in the negative, ] i^|



552 JOUBNAL OF THE [Feb. 13, 1865.

SECRET SESSION.

The Senate resumed the consideration of the resolution submitted by
Mr. Wigfall on the 11th instant, declaring that the retirement of the
Hon. Judah P. Benjamin from the State Department will be subserv-
ient of the public interests.

The resolution having been modified by Mr. Wigfall so as to read
as follows, to wit:

Whereas the Honora])le J. P. Benjamin was appointed to the otRce of Secretary of
State, by and with the advice and consent of the Senate; and

Whereas that ))ody is now satisfied that the appointment has proved unfortunate,
and is one which would not now be advised or consented to, and that th.e said J. P.
Benjamin is not a wise and prudent Secretary of State, and has not the confidence of
the country: Tlierefore,

liesolred. That the President be advised of this opinion of the Senate, and most
respectfully requested to take such action in the premises as he niaj' deem proper.

On motion b}' Mr. Sparrow, that the resolution be transferred to the
Open Legislative Calendar,

'eas 6

Nays 15

On motion by Mr. Orr.

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

Tho.se who voted in the atiirmative are,

Messrs. Brown, Garland, Oldham, Orr, Sparrow, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Burnett, Caperton, Dortch, Graham, Haj^nes, Henry,
Hunter, John.son of Georgia, John.son of Missouri, Maxwell, Semmes,
Vest, Walker, and Watson.

On motion by Mr. Orr,

Ordered, That the resolution he transferred to the Calendar of Exec-
utive Business.

On motion by ]\Ir, Watson,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Th(i Senate resumed tlie consideration of the resolution submitted l)y
Mr. Wigfall on the lltli instant, in secret legislative session, declar-
ing that the retirement of the lion, rludah P. Benjamin from the State
DepartnitMit will be subservient of the public interests, modilied so as
to read as follows, to Avit:

Whereas the Honorable J. P. Benjamin was appointed to the office of Secretary
of State, by and witli tlie advice and coiisent of the Senate; and

AVhereas tliat Ixidy is now .satisfied that the appointment has proved unfortunate,
and is one which would not now l)e advised or consented to, and that the said J. P.
Benjamin is not a wise and prudent Secretary of State, and has not the confidence of
the country: Tlierefore,

Itcnolred, That the President be advised of this opinion of the Senate, and most
respectfully re<juested to take such action in tlie premises as he may deem iiroj)er.

On motion by Mr. Sparrow, to amend the preamble to the resolu-
tion by in.serting after "cotuitry,'' line 11, the words "except the
State of Louisiana,'''

It was determined in the negative.

On the question.



Feb. 13, 1865.] SENATE. 553

Will the Senate agree to the resolution?

It was determined in the negative, t^ ,' -.-.

On motion l)y jNIr. Orr,

The yeas and nays l)eing desired b}' one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Burnett, Caperton, Haynes, Johnson of Missouri, Oldham,
Orr, Simms, Vest, Walker, Watson, and Wigfall,

Those who voted in the negative are,

Messrs. Baker, Brown, Dortch, Garland, Graham, Henrj^, Hunter,
Johnson of Georgia, Maxwell, Seuunes, and Sparrow.

So the resolution was not agreed to.

Mr. Sparrow, from the Committee on Militar}- Affairs, to whom
were referred (on the IGth December, 186-1) the nominations of J. W.
Robertson, Robert H. Lucas, John Postell, and H. A. Pattison, to be
captains; William Tennant, T. A. Evans, C. G. de LTsle, John M.
Searles, and G. O. Elms, to be first lieutenants, and H. M. Scales,
W. H. Johnson, William Hume, Jas. D. Harris, Jos. B. Bond, S. W.
Hill, F. S. Robertson, and N. B, Whitfield, to be second lieutenants
of Corps of Engineers, reported, with the recommendation that all of
said nominations ))e confirmed.

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

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

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 9th ultimo) the nominations of J. C. S. Black-
burn and H. H. Johnston, to be captains; and Bennett H. Young, to
1)6 first lieutenant; and (on the 23d ultimo) the nominations of J. R. B.
Burtwell, to be colonel; John F. Doan, to be lieutenant-colonel, and
Melville W. Sale, to be major of cavalry, reported, with the recom-
mendation that all of said nominations be confirmed.

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

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

Mr. Sparrow, from the Committee on Militar}- Affairs, to whom
were referred (on the 7th instant) the nomination of John B. Sale, to be
colonel in the Adjutant-Generars Department; and (on the Sth instant)
the nominations of William McComb, to l>e brigadier-general; W. H.
Forney, to be colonel; W. H. Fitz Gerald, F. W. Cox, William T,
Smith, B. H. Gee, John S. Prather, and James A. Broome, to be lieu-
tenant-colonels; H. A. Edmundson, L. W. Johnson, W. K. Perrin,
and W. H. Fickling, to be majors; George W. Day, to be lieutenant-
colonel, and F. C. Clewell, to be adjutant of cavahy, 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, agreeal)ly to the nomination of the President.

Mr. Sparrow, from the Connuittee on Militar}" Affairs, to whom were
referred (on the 10th instant) the nominations of R. Lowry, to be brig-
adier-general; B. W. Smith and H. C. Ellis, to be assistant commis-
saries, with the rank of captain; William W. Berry, to be chaplain;



554 JOURNAL OF THE [Feb. 14, isf,5.

William R. McCullough and William H. Mosby, to be adjutants, with
the rank of tirst lieutenant; T. Bullitt Alexander, to be second lieu-
tenant of cavalry, in the Army of the Confederate States; and A. E.
Walters, to be second lieutenant of infantry (for distinguished valor
and skill), reported, with the recommendation that all of said nomina-
tions 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, agreeabl}" to the nomination of the President.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

TUESDAY, February 14, 1865.

OPEN SESSION.

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

Mr. PremlenI: The House of Representatives have passed the joint resohition of the
Senate (S. 28) of tiiaaks to tfie ofHt-ers and soldiers of Gen. Bushrod Johnson's
old hrigade of Tennessee troops and the brigade of tlie late General Arclier, com-
posed of Tennessee and Maryland troops, now in the Army of Northern Virginia.

The House of Representiitives have agreed to the report of tlie ooiumittfe of con-
ference on the disagreeing votes of the two Houses on the bill (II. R. 304) to increase
the efficiency of the cavalry of the Confederate States.

Mr. Sparrow presented a series of resolutions passed at a meeting
of the oflicers and men of the Donaldsonville Artillery in relation to
the measures best calculated to .secure peace, and urging a vigorous
prosecution of the war: which were ordered to lie upon the table and
be printed.

Mr. A\'utson presented a series of resolutions passed at a meeting of
the officers ancl men of Davis' brigade, recoimnending Congress to
put negro troops in the Army; which were ordered to lie upon the
tal)le and l)e printed.

Mr. Caporton submitted the following resolution; which was con-
sidei'ed and agreed to:

Jieaolred, Tliat the Committee on Naval Affairs 1>o instructed to inquire whether
the proposed appropriations for completing and building ironclads and otlier ves-
sels of war for river and harl)or defense n)ay not be reduced with safety to the public
interest.

Mr. Johnson of Missouri, from the committee of conference on
the part of the Senate on the disagreeing votes of the two Houses on
the bill (H. R. SOrt) to increase the efficiencj^ of the cavalry of the Con-
federate States, repoi'ted

That they have had the same under consideration and report that they recom-
mend that the Senate recede from their amendment to the bill, and that the House
bill be amended by striking out all from the word "That," in tlie second line, down
to and including the word "serving," in the fiftli line of the first st'ction, an<l insert-
ing as follows: "the Secretary of War, upon application from tlu' general com-
manding an army in the field with which any regiment, battalion, or company of
cavalry is serving, is hereby authorized."

The Senate proceeded to consider the said report; and
On motion by Mr. Henry,

R, sol r,(l. That they concur therein, and that the bill be amended
uccordintjlv.



Feb. 14, 1865.] SENATE. 555

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. 173) to receive volunteer troops for the war; and

An amendment having been proposed by Mr. Henry,

On motion by Mr. Henr}^

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

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

Mr. President: On the 11th instant the President of the Confederate States approved
and signed the following act and joint resolution:

S. 168. An act to authorize the appointnient 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.

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 187) to regulate the business of conscription.

On motion by Mr. Orr, to amend the bill l)y inserting after " serv-
ice," section 5, line 5, the words "or shall present to such enrolling
officer a certificate of discharge on account of permanent disability,
heretofore granted,"

It was determined in the affirmative.

On the question to agree to the amendment proposed to the bill by
Mr. Watson, to wit: Strike out all after the enacting clause and insert:

That there shall be established at the city of Richmond, under the orders of the
President and Secretary of War, a bureau of conscription for the purpose of super-
vising, controlling, and directing all matters concerning the administration of con-
scription, and of performing such other duties in relation thereto as, by regulations,
the Secretary of War may charge on said bureau; and the President is authorized to
assign to the superintendence and management of said bureau such officer as he may
select: Proiided, That such officer shall not be of rank below that of brigadier-gen-
eral : And provided, That said officer shall not, during such time as he is exercising
the office of superintendent, hold or exercise any actual military command in the
field, nor in the reserve forces, nor in any other military organization. And with
like limitations the President shall assign to duty in said bureau one officer with the
rank of colonel, one officer wdth the rank of lieutenant-colonel, one officer with the
rank of major, one officer with the rank of captain, three officers with the rank of
first lieutenant, and such clerks as may be found necessary: Prodded, That all such
officers, except the superintendent, shall be selected from the classes hereafter indi-
cated in the sections of this act.

Sec. 2. That there shall be assigned from the General Staff, or Invalid Corps, or
from officers certified by the proper medical boards to be unfit for service in the
field, and from drillmasters now employed in the enrolling service, a sufficient number
of officers to perform the duties herein prescribed in the several States with the tem-
porary rank of colonel, lieutenant-colonel, major, captain, or lieutenant, according
to the nature and importance of the duties prescril)ed.

Sec. 3. That the President may appoint, by and with the advice and consent of
the Senate, for duty in the conscript service, with the temporary rank aforesaid,
persons from rXv'il life: Proiided, That the said persons so appointed be otherwise
exempt from military service, or found by medical examination for light duty, or
over the age of forty-five years.

Sec. 4. That nothing in this act shall be construed to prevent the President from
assigning to conscript service officers now engaged in that service, or officers in the
army of any rank.

Sec. 5. That it shall be the duty of the officers of conscription, under the control
and direction of the bureau, to make and keep records of the condition of the various
branches of the military service within their respective districts, and to make monthly



556 JOURNAL OF THE [Feb. 14, 1865.

returns of the same to the bureau through the commandant of conscripts of the State,
and in furtherance of this purpose it shall be the duty of all officers and others
employed in the service of the Confederate States, and not actually in the field, nor
attached to any army in the field, including quartermasters and commissaries and
their agents, commanders of posts, provost-marshals, officers of the ordnance, niter
and mining and medical bureaus, and others, to make certified monthly returns t(i
the nearest conscript officer, of the nature and exact condition of their service, which
return shall be forwarded as above directed.

Sec. 6. That generals commanding the reserve forces shall be required, on the
demand of the commandant of conscripts for the State, to place at his disposal, and
for the enforcement of the duties imposed upon him, such detachments of the reserve
forces as may be deemed necessary.

Sec. 7. That for the purpose of facilitating the granting of details and exemp-
tions, under the laws in such cases made and provided, to persons who may be more
useful to the country in agricultural and mechanical pursuits than in the military
service, there shall be appointed by the President in each county, district, or parish,
an agricultural Ixiard, consisting of three farmers or planters, over the age of fifty
years, to whom shall be referred, by the county, di.«trict, or parish enrolling officer,
every application for a detail in their respective counties, districts, or parishes; and
whose duty it shall Ije to inquire and report upon the merits of such applications,
which report, with the application, shall be forwanled to the commandant of con-
scripts for the State; and if he approve such application, the detail shall be allowed.
If the commandant of conscripts disapprove such api)lication, the applicant shall
have the right of ai>peal to the superintendent of the bureau of conscription, whose
det'ision shall be final, but thiring the pendency of such appeals the appellants shall
be liable to military service.

Sec. 8. Tliat there shall be assigned to each Congressional district a medical board,
consisting of three surgeons, at least one of whom shall be an army surgeon, who,
after due notice of the time and place of their meeting, shall, under the direction of
the commandant of conscripts, visit each county of the district at least once in every
two months, and shall examine for discharge, or recommendation for light duty, all
conscripts who may be brought before them. Every discharge granted by the said
medical board shall be final, and shall relieve the party so discharged from all mili-
tary service in the future when the disability is permanent and the cause of it is set
forth in the certificate.

Sec. 9. That the power to order general courts-martial assigned in the sixty-fifth
article of war to general officers connnanding armies, or ('olonels commanding
separate departments, is hereby extended to the general or field officer acting as
superintendent of cons(Tiption, in all cases of persons attached to the conscript serv-
ice or under his orders, other than general officers. He shall also have power to
order courts of intjuiry in like cases, under the condition of the ninety-second article
of war. The general court-martial hereby authorized to l)e ordered, shall not b.e
composed of less than three, nor more than seven members, who shall be selected
from among any oHicers of the invalid corps, or drillmasters, or oflicers of the General
Staff or line of the Army who may be at the time attached to the conscript service,
whether by transfer or temporary assignment, including the detachments of reserve
forces, hereinbefore provided for in section six of this act,

It was determined in the negative, \ xt^*^ ^ o

^ ' I J^a3^s 13

On motion by Mr. Watson,

The yea.s and nays ))eino' desired by one-iit'th of the Senators present,

Those who voted in the attirniative are,

Messrs. Graham, Johnson of Georgia, Maxwell, Orr, Walker, and
Watson.

Those who voted in the negative are,

Messrs. Baker, Brown, Burnett, Caperton, Ilaynes, Henry, Iliintei-.
Johnson of Missouri, Oldham, Senmies, 8inims. Sparrow, and Wigfull.

On motion }>v Mr. Graham, to amend the bill by striking out "and
the office of commandant of conscripts,'' section 9, line 2, and inserting
after "con.scription," in the first line of the same section, the word
'■'"and,"

It was determined in the affirmative.



Feb. 14, 1866.] SENATE. 557

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

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

The said bill was read the. third time.

On tlie question,

Shall the bill now pass?

It was determined in the affirmative, ] tu^ '^ k

On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Baker, Brown, Burnett, Caperton, Haynes, Henry, Hunter,
Johnson of Missouri, Oldham, Semines, Simuis, Sparrow, Walker,
and Wigfall.

Those who voted in the negative are,

Messrs. Graham, Johnson of Georgia, Maxwell, Orr, and Watson.

So it was

Resolved., That this bill pass, and that the title thereof be as afore-
said.

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

On motion by Mr. Caperton,

The Senate resolved into executive session.

The doors having been opened,

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

Resolved, That the President of the Confederate States })e requested to cause the
several heads of the Executive Departments to send to Congress estimates for appro-
priations to carry on the Government for twelve months.

On motion by Mr. Burnett,
The Senate adjourned.

EXECUTIVE SESSION.

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

Executive Department, Confederate States of America,

Richmond, February 14, 1865.
To the Senate of the Confederate States:

Agreeahly to the recommendation of the Secretary of War, I nominate Isaac M.
St. Jolin, of Virginia, to be Commissary-General, with rank of lirigadier-gei^eral in
the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 199.] War Department, Confederate States of America,

Richmond, February 14, 1865.
Sir: I have the honor to recommend the nomination of Col. Isaac M. St. John, to
be Commissary -General, with rank of brigadier-general in the Provisional Army of
the Confederate States (»f America, to date from confirmation.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of Tlo/'.
To His Excellency Jefferson Davis,

President, etc.



558 JOURNAL OF THE [Feb. 14, 1865.

Executive Department. Confederate States of America,

liichmond, Ffhruary 11, 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. 198.] War Department, Confederate States of America,

Richmond, February 11, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Second lieutenants.

Channing M. Smith, of Virginia, to be second lieutenant. First Virginia Battalion
(enlisted men), to rank from January 30, 1865.

H. L. Gunnell, of Virginia, to be second lieutenant First Virginia Battalion
(enlisted men), to rank from January 80, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Richmond, Va., Fehruary 13, 1865.
To the Senate of the Confederate States:

Agreeably to the request contained in your resolution of the 8th instant, I hereby



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