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

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return for further action by the Senate tlic name of K. (4. Lee, of whose confirmation
to be brigadier-general, on the 3d instant, 1 was officially informe<l on the 4th.

JEFFERSON DAVIS.
The messages were read.

Ordei^ed., Ihat they be referred to the Committee on ]\lilitary Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was ref(M-rcd (on the 14th necond)er, istU) the nomination of Maj.
Gen. S. D. Lee, to be liciitenant-ocncial (under act approved Feb-
ruary 17, 1864), reported, with the recoumicndation that said nomina-
tion >)e confirmed.
The Senate proceeded to consider .said report; and
After debate.
On the question,

Will the Senate advise and consent to the appointment of S. D. Lee,
to be lieutenant-oeneral ?

It was determined in the affirmative, \ ^ ^ "" Y

On motion b}' Mr. Orr,

The yeas and nays l)ein<^ dpsirinl l>v onc-fffth of the Senators present,

Those who voted in the affirmative arc,

Messrs. Baker, Burnett, Garland, Graham, Henry, Hunter, John-
son of Georgia, Orr, Simms, Spariow, and Watson.

Those who voted in the negative are,

Messrs. Brown, Havnes, Johnson of Missouri, Oldham, Vest, Walker,
and \yigfall.

So it was

Remlved, That the Senate do advise and consent to the appointment
of S. D. Lee, to be lieutenant-general, agreeably to the nomination of
the President.

The Senate proceeded to consider the motion submitted by Mr. Spar-
row (on the 18th instant) to reconsider the vote contirming the nomi-
nation of E. G. Lee, to be brigadier-general; and

The motion was ae'reed to.



Feb. 15, 1865.1 SENATE. 559

The Senate resumed the consideration of the nomination of E. G.
Lee; and
X)n motion by Mr. Sparrow,
Ordered^ That it })e recommitted to the Committee on Military Affairs.
On motion by Mr. Oldham,
The Senate resolved into open legislative session.

^ WEDNESDAY, February 15, 1865.

OPEN SESSION.

Mr. Johnson of Missouri presented a document in relation to the
proper measures to be adopted for recruiting the Army; which was
referred to the Committee on Military Affairs.

Mr. Johnson of Georgia presented a series of resolutions passed at
a meeting of the officers and men of Thomas' brigade in relation to
peace, reconstruction, and the prosecution of the war; which were read.

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

Mr. Caperton presented a series of resolutions passed at a meeting
of the officers and men of the Thirty-sixth and Sixtieth regiments and
the Forty-fifth Battalion of Virginia Infantry, in relation to the pros-
ecution of the war and the terms of peace proposed by the President
of the United States to the Confederate States commissioners; which
were read.

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

Mr. Semmes (by leave) introduced

A joint resolution (S. 3<>) of thanks to the officers and men of the
Washington Artiller}^ Battalion, of New Orleans;
which was read the first and second times and referred to the Com-
mittee on Military Affairs.

Mr. Semmes, from the Committee on Finance, to whom was referred
the joint resolution (H. R. 28) authorizing the transfer of funds in the
Quartermaster-Generars Department, 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 reported to the Senate.

Ordered^ That it pass to a third reading.

The said resolution was read the third time.

Hexolved, That it pass.

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

Mr. Senmies, from the Committee on Finance, to whom ^/ere referred
the amendments of the House of Representatives to the bill (S. 84) to
regulate, for a limited period, the compensation of the officers, clerks,
and employees of the civil departments of the Government in the city
of Richmond, reported them with amendments.

Ordered^ That the amendments be printed.

Mr. Brown, from the Committee on Naval Affairs, reported

A bill (S. 193) to increase the pay of assistant paymasters in the
Provisional Navy;

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.



560 JOUENAL OF THE [Feb. 15, 1865.

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

Mr. Presidntt: The House of Representatives have passed a l^ill (II. R. 371) to
relieve agriculturists exempted and detailed under the act of Fel)ruary 17, 1864, in
certain cases; in which they request the concurrence of the Senate.

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

S. 86. An act fixing the salaries of certain civil officers in the Trans-Mississippi
Department; and

S. 20. Joint resolution relating to the manufacture of railroad iron and to new lines
of ra-ilroad.

Tlie President of the Confederate States has notified the House of Representatives
that on the 10th instant he approved and signed an act (H. R. ,S61) to provide for
the reissue of bonds and certificates of indebtedness of the Confederate States in
certain cases.

Mr. Sparrow submitted the following motion for consideration:

Ordet'ed, That the vote on passing the bill (S. ISl) to provide sup-
plies for the Army, and to prescribe the mode of making impressments,
be reconsidered.

On motion b}^ Mr. Sparrow,

Ordered^ That a message b(>. sent to the House of Representatives
requesting the return of tiie bill (S. 181) last mentioned to the Senate.

Mr. Semmes, from the connnittee of conference on the part of the
Senate on the disagreeing votes of the two Houses on the bill (H. R.
38()) to authorize the establishment of an office of deposit in connection
with the Treasuiy, reported

That they have met the managers on the part nf the House of Representatives, and
after full and free conference have agreed to recommend, and do recommend, to their
respective Houses as follows:

That the Hoyse of Representatives do recede from their disagreement to the
amendment of the Senate and agree thereto.

And that the bill l)e furtlier amended by inserting the following section:

"Sec. 4. That all Treasury notes <lc|)(isited under the provisions of this act, and
permitted to remain for a period not less than three months, shall be exempted
from taxation to the extent of one-half the tax that may be imposed on Treasury notes
on hand or on deposit elsewhere."

The Senate proceeded to consider the said report; and

On motion by Mr. Semmes,

Resolved^ That they concur therein, and that the bill ])e amended
accordingl3^

(h'dered, That the Secretary inform the House of Representatives
thereof.

Mr. Sparrow, from the committee of conference on the i)art of the
Senate on the disagreeing votes of the two Houses on the bill (H. R.
273) to authorize the consolidation of companies, battalions, and regi-
ments, reported

That they have met the managers on the part of the House of Representatives,
and after full and free conference have agreed to recommend, and do recommend, to
their respective houses a.s follows:

That the Hou.se of Reiiresentativea do recede from their disagreement to the
amendment of the Senate, and that they concur in the said amendment, with amend-
ments, as follows:

Strikeout the words " having the number, rank, and tile now fixed by law," sec-
tion 2, lines 3 and 4, and insert the words " liaving a nund)er, rank, and file, not less
than sixty-four nor more than one hundred and iwenty-tive."



Feb. 15, 1865.] SENATE. 561

Insert as section 3 the following:

"Sec. 3. That whenever the consolidation of companies, battalions, and regiments
shall have been determined upon in accordance with the provisions of the first sec-
tion of this act, the general commanding the department or separate army in which
such reduced organizations are serving shall recommend, from the officers and men
of the several organizations which it is proposed to consolidate, the officers for the
command of the new organizations, who shall forthwith assume the respective com-
mands to which they may be assigned by the general commanding the department
or separate army, subject to the subsequent appointment of the President, by and
with the advice and consent of the Senate."

Insert as section 4 the following:

"Sec. 4. That officers of the organizations consolidated, not selected as officers of
the new organizations, shall forthwith be notified of the fact, and from that time
shall be dropped from the rolls. Such officers may, within sixty days after the con-
solidation of their commands, organize themselves in numbers sufficient to form
coiiipanies, battalions, or regiments, and shall be officered from among themselves
by ;u>pointment of the President, by and with the advice and consent of the Senate;
and the generals commanding the armies to which the consolidated organizations
belong shall afford reasonable facilities for forming such organizations. The officers
so dropped shall have the privilege of selei'ting the company and arm of service in
which they may desire to serve, whether such company belongs to the army with
which they are now connet'ted or some other army of the Confederate States, and
shall he entitled to transportation to such company; and failing to make such selec-
tion, such officers, if liable to military duty, shall be conscribed and placed in the
service where they may be found. But no officer in the hands of the enemy shall
be dropped from the rolls by reason of anything contained in this section: Prorkled,
That no officer shall be permitted to select a company on the opposite side of the
Mississippi River from where he is now on duty, unless he resides beyond said
river."

Strike out the words " offices of adjutants and," section 6, line 1, and insert the
words "office of," and strike out lines 4, 5, 6, and 7 in the same section, and the
word "also," in line 8.

Strike out, section 7, all preceding and including the word "formed," line 4, and
insert in lieu thereof the words " the general commanding the department or army
shall designate the names of the battalions or regiments organized under tlie pro-
visions of this act."

Strike out, section 8, line 11, the words " with the rank held by them in the line,"
and insert in lieu thereof the words " with the rank previously held by such officers
in the service."

Insert after "act," section 9, line 3, the words "or they may be assigned or
appointed to vacancies in the new organizations."

And that the Senate agree to the said amendments to their amendment.

The Senate proceeded to consider the said report; and

On motion by Mr. Sparrow,

Resolved., That they concur therein.

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 (H. R. 350) to diminish the number of exemptions and
details.

On motion by Mr. Orr, to amend the ))ill l\y inserting after '' except,"
section 2, line 2, the words

of persons who, upon satisfactory evidence submitted to the Secretary of War, are, or
iiKiy be, more useful at home to the public by their skill, labor, or services than in
the field, or.

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

On motion by Mr. Orr,

The yeas and nays being desired ]\y one- fifth of the Senators present,
Those who voted in the affirmative are,

Messrs. Baker, Graham, Hunter, Johnson of Georgia, Maxwell, Orr,
Semmes, Walker, and Watson,
c J— VOL 4—04 36



562 JOURNAL OF THE [Feh. 15,1865.

Those who voted in the negative are,

Messrs. Brown, Burnett, Capcrton, Dortch, Garland, Haynes, Henry,
Johnson of Missouri, Oldham, Siniuis, Sparrow, Vest, and Wigfall.

On motion by Mr. Orr, to amend the bill by inserting after "" hereb3%''
section 2, line 10, the words

ordered to be reviewed by the Secretary of War, and if the detail shall be found tn
have been improperly granted, the same shall be,

I Yeas - - - ' '

It was determined in the negative, j -pj„„„ i o

On motion b}' Mr. Orr,

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

Those wdio voted in the affirmative are,

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

Those who voted in the negative are,

Messrs. Brown, Burnett. Caperton. Dortch, Garland, Haynes, Henry,
Johnson of Missouri, Oldham, Sininis, Sparrow, Vest, and Wigfall.

On motion l)y Mr. Orr, to amend the bill by striking out of the
second section the words:

The bonds heretofore given by exempted and detailed men shall bind them to comply
with the same only to an extent bearing the same proportion to the whole amount
whii'h would l)e due thereon in one year, if thi^J act had not passed, as the time they
shall have been exempted or detailed Ijears to a year,

It was determined in the negative, \ ]a„„g 17

On motion l)y Mr. Orr,

The yeas and nays being desired b}- one-lifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Graham, and Orr.

Those who voted in the negative are,

Messrs. Brown, Burnett, Dortch, Garland, Haynes, Henry, Hunter,
Johnson of (ileorgia, Johnson of Missouri, Maxwell, Semmes, Sinmis,
Sparrow, Vest, '\\'alker. Watson, and Wigfall.

On motion by Mr; Graham, to amend the bill b}' inserting after
"except,'' section 2, line 2, the words

according to'the census of eighteen hundred and sixtj', of the following artisans, who
shall be persons of skill and experiencxi in their several callings (whether such jier-
sons be in the Army f)r nf>t), to wit: One lilai-ksniith for every two thousand inhabi-
tants, one miller for every two thousand inhal)itauts, one tanner for every four thou-
sand inhabitants, one millwright for every four thousand inhabitants, the said arti-
sans to l)e designated by the governors of the several States, respectively, upon the
recommendation of tiie county court of ordinary, or probate court, who may hear
testimony and make such reconiniendation; and such artisans shall thereupon be
discharged from military duty so long as they shall faithfully and habitually work
foi* the i)ublic at their several callings.

It was determined in the negative, \ t.t ' ^ ' -10

^ ' I JSays 12

On motion by Mr. Graham,

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

Those who voted in the afiiitnative are,

Messrs. Baker, Caperton, Dortch, (Traham, Hunter, flohnson of
(Jeorgia, Maxwell, and On*.

Those who voted in the negative are,

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



Feb. 15. 1S65.] SENATE. 563

On motion b}' Mr. Capcrton, to amend the bill b}^ insertinj^' after
'revoked," section 2, line 10, the following proviso:

Proridrd, That nothinji herein contained sliall be construed to prevent the Secre-
tary of War from detaihn.t); Huch officers and employees of the James Kiver and
Kanawha Canal as he may deem necessary under the same restrictions and pro-
visions which apply to railroad companies,

It was determined in the negative, j m^^^ i o

On motion by Mr. Caperton,

The 3'eas and nays being desired b}^ one-tifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Graham, Hunter, Johnson of Georgia,
Maxwell, Orr, and Semmes.

Those who voted in the negative are,

Messrs. Brown, Burnett, Dortch, Garland, Haynes, Henry, Johnson
of Missouri, Oldham, Simms, Vest, Walker, Watson, and Wigfall.

On motion by Mr. Orr, to amend the bill by striking out the third
section.

It was determined in the negative, \ t^j,„„ 19

On motion by Mr. Orr,

The 3'eas and na3^s being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Dortch, Graham, Hunter, Johnson of Georgia, Max-
well, Oldham, Orr, Semmes, and Watson.

Those who voted in the negative are,

Messrs. Brown, Burnett, Caperton, Garland, Haynes, Henry, John-
son of Missouri, Simms, Sparrow, Vest, Walker, and Wigfall.

On motion by Mr, Dortch, to amend the bill by striking out "fortj^-
five," section 3, line 5, and inserting "forty,"

It was determined in the negative.

Oil motion by Mr. Orr, to recommit the bill to the Committee on
Military Affairs,

On motion b}^ Mr. Maxwell,

The Senate resolved into executive session.

The doors having l)een opened.

On motion b}- Mr. Garland,

The Senate adjourned.

EXECUTIVE SESSION.

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

Executive Department, Coxfeuerate States of America,

Richmond, February 14, 1S65.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate I\Iaj. Gen.
Wade Hampton, of South Carolina, to be lieutenant-general in the Provisional Army
of the Confederate States of America.

JEFFERSON DAVIS.

No. 201.] War Department, Confederate States op America,

Richmond, Fettrvanj 14, 18G5.
Sir: I have the honor to recommend the nomination of Maj. Gen. \Vade Hampton,
of South Carolina, to be lieutenant-general in the Provisional Army of the Confed-



564 JOURNAL or the [Feb. is, I86.5.

erate States of America, to command Cavalry Corp8, Army of Northern Virginia, to
rank from FeV)ruary 14, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Tlic message was read.

The Senate proceeded to consider the nomination of Maj. Gen. Wade
Hampton, to ))e lieutenant-general in the Provisional Army of the Con-
federate States of America, contained in the message of this da\'; and

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

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

Executive Department, Confederate States ok America,

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

AgreeaV)ly to the re(;ommendation of the Secretary of War, I nominate Col. C.
Leventhorpe, <if North Carolina, to be a brigacher-general in the Provisional Army
of the Confederate States of America (under act approved October 13, 1862).

JEFFERSON DAVIS.

No. 200.] War Department, Confederate States of America,

Richmond, Frtirnary 14, 1865
Sir: I have the honor to recommend the nomination of Col. C. Leventhorpe, of
North Carolina, to be a brigadier-general in tlie Provisional Army of the Confed-
erat(> States of America (under act approved Octol)er 13, 1862), to command brigade,
Army of Northern Virginia, vice General Clingman, disabled, to rank from February
3, 1865.

1 am, sir, respectfullv, vour oV)edient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jeffer.son Davis,

President, etc.
ExECiTivE Department, Confederate States ok America,

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

Agreeably to the reconmiendation of the Secretary of War, I nominate H. T. Scott,
of Tennessee, to be captain of artillery, for ordnance duty, in the Provisional Army
of the Confederate States of America.

JEFFERSON DAVIS.

No. 185.] War Department, Confederate States of America,

Richmond, Fetirnary 7, 1865.
Sir: I have the honor to recommend the nomination of H. T. Scott, of Tennessee,
to be a captain of artillery, for ordnance duty, in the Provisional Army of the
Confederate States of America (report to Chief of Ordnance for assignment to duty),
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.

Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred (on the 14th instant) the nomination of I.suac M. St. John, of
Virginia, to be Conmiissary-GontMal, with raid< of brigadier-general.
repoiliMl, with the recommendation that said nomination be confirmed.

The Senate proceeded to consider said I'cport; and

After debate.

On motion by Mr. Wigfall,



Feb. 16, 1865.] SENATE. 565

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

Mr, Sparrow, from the Committee on Military Affairs, to whom were
referred (on the iilst of December last) the nominations of William
Hawn, John E. Logwood, J. M. Stevens, and William Aubrey, to be
military storekeepers, with pay and allowance of captains of infantry;
Carrington Mason, Thomas S. Martin, W. D. Bell, W. W. Tyler,
and E. Ledyard, to be military storekeepers, with pay and allowance of
tirst lieutenants of infantr}^, 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

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

Mr. Sparrow, from the Committee on Military Affairs, to whom
were referred (on the 8th instant) the nominations of William Eggles-
ton and C. F. Hampton, to be aids-de-camp, with the rank of first
lieutenants, reported, with the recommendation that said nominations
be contirmed.

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, aoreeably to the nomination of the President.

On motion b}' Mr. (larland,

The Senate resolved into open legislative session.

THURSDAY, February 16, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed bills of the following
titles; in which they request the concurrence of the Senate:

H. R. 201. An act to amend an act entitled "An act to provide tobacco for the
Army," approved February 17, 1864;

H. R. 303. An act for the further organization of the field artillery of the Con-
federate States; and

H. R. 325. An act to make appropriations for the support of the Government of
the Confederate States of America from the 1st day of Januarv to the 30th day of
June, 1865.

The House of Representatives have concurred in the report of the committee of
conference on the disagreeing votes of the two Houses .on the bill (H. R. 273) to
authorize the consolidation of comi)anies, battalions, and regiments.

I am directed by the House of Representatives to return to the Senate, agreeably
to their request, the bill (S. 181) to provide supplies for the Army, and to prescribe
the mode of making impressments.

The House of Representatives have passed a bill and joint resolution of the Senate
of the following titles:

S. 179. An act to amend an act to provide for holding elections for Representa-
tives in the Congress of the Confederate States from the State of Missouri, ap})roved
January 19, 1864; and

S. 29. Joint resolution extending the provisions of the joint resolution to allow
sick and wounded officers of the Army transportation to their homes, and hospital
accommodations, approved June 10, 1864.

Mr. Senuues presented a series of resolutions passed at a meeting of
the officers and men of the Louisiana Guard Artillery, urging upon
Congress the propriety of placing negro troops in the military service.



566 JOURNAL OF THE [Feb. 16, 1865.

and in relation to recruiting the Army; which were ordered to lie upon
the tabic and ])C printed.

Mr. (rrahani su))niitted the following resolution: which was con-
sidered and agreed to:

Jiesolred, That the Secretary of War l)e instructed to inform the Senate, with as
little delay as possible, what number of conscript soldiers have been levied in eaih
State of the Confederacy and placed in service in the field; whether there has been
any failure to execute the law of conscription in any State l)y reason of any cause
other than its occupation l)y the enemj'; and if so, why it has not been executeci
with uniformity in all localities where the operations of the enemy have not prevented.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 350) to diminish the num])er of exemptions and
details.

The question being on agreeing to the motion submitted on j^ester-
(lay b}' Mr. Orr to recommit the bill to the Committee on Military
Affairs,

Mr. Orr modified the same by adding thereto the words:



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