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

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with instructions to iiKjuire into the expediency of reporting the same back with
amenthnents which shall authorize the Secretary of War, in cases of great public
necessity <jr convenience, to detail persons between the ages of eighteen and forty-
five from the ])erformanceof military service, guanhng the discretion of the Secretary
so as to protect, as far as possible, the jiower of abuse; and

Second. Authorizing the Secretary of War to grant details to such officers and men
of the James Iliver and Kanawha Canal Company as are necessary to secure prompt
transportation of all sujjplies offered over sai<l canal; and

Third. Amending the third section of the l)ill so as to provide that no contractor
for carrying the mails or driver of post coaches shall l)e exempted from militarj'
service by reason of such contract or emjjloyment hereafter to be made, unless such
contractor be abc^ve the age of forty-five years; and

Fourth. Of providing that the Secretary of War be required, at each meeting of
Congress, to re])ort the names, with a descrijjtive list, of each exemption and detail
allowed by him, and the purpose thereof; and

After debate,

On the question to agree to the said motion as modified,

It w^as determined in the afHrmatiye.

So it was

Ordered., That the bill be recommitted to tiie Committee on Military
Affairs, wnth the said instructions.

The bill (H. K. 371) to rolieye agriculturists exempted and detailed
under the act of February 17, LSO-i. in certain cases, w^as read the first
and second times and referred to the Committee on the Judiciar}'.

The f()lh)wing ])ills wore seyerally read the first and second times
and referred to the Committee on Military- Affaii's:

H. R. 201. An act to amend an act entitled "An act to proyide
tobacco for the Army,'' approyed Fel)ruary 17, 1864; and

II. R. 8(»3. An act for the further organization of the field artil-
lery of the Confederate States.

The bill (11. R. 325) to make appropriations for tiie support of the
(loyenunent of the Confederate States of America from the 1st day of
Januaiy to the 30th day of rlune. 1S(>5, was read tiie first and second
times and referred to the CommittcM^ on Finance.

The vSenate i)iO(eeded. as in Committee of the Whole, to the consid-
eration of tiie bill (II. R. 3f;5) for the relief of Maj. H. W. Hinkle,
(|uartermaster of Finegan's and Perry's brigades.

On motion b}' Mr. Simms. to amend the bill by inserting the fol-
lowing proyiso:

Proriih'd, Tliat the said accounting oflicer shall also allow as a credit to Captain
C. S. Ilart, (luarfcrmaster of Lomax's cavalry division, tiie sum of eight thousand



Feb. 16. 1865.] SENATE. 567

one hundred and sixty-three dollar.'^, belonghig to the Government of the Confeder-
ate States, which was stolen from him l)y some unknown person on the ni<;;ht of tlie
thirtieth day of October ia.'^t, without liis neglect or fault, upon proper and suthcient
proof being made of all the facts in the case.

Mr. Burnett objected to the ameiidinent a.s not beinj^ in ofder under
the twentieth clause of the ninth section of the lirst article of the
Constitution;

A\'liereupon,

The President pro tempore submitted the question to the dec on
of the Senate; and

On the question,

Is the proposed amendment in order?

It was determined in the affirmative.

On the question to agree to the amendment proposed by Mr. Simms,

1 Yeas 4

It was determined in the negative, ^^r • - "

On motion ])y Mr. Simms,

The jeas and nays being desired b}- one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Dortch, Garland, Ha3'nes, Henr}-, Johnson of Missouri,
Oldl am, Orr, Simms, and Watson.

Those who voted in the negative are,

Messrs. Baker, Brown, Burnett, Caperton, Graham, Hunter, John-
son of Georgia, Maxwell, Semmes, Vest, Walker, and Wigfall.

No amendment being made, the bill was reported to the Senate.

On the question,

Shall the bill be read a third time?

It was determined in the negative.

So the bill was rejected.

<>i'(i< red^ That the Secretary inform the House of Representatives
thereof.

Mr. Caperton (by leave) introduced

A joint resolution (S. 31) repealing and amending certain provisions
of the acts for the sequestration of the estates, property, and effects
of alien enemies, approved, respectivelv, August 30, 1861, and Feb-
ruary 15, 1862;

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

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 184) to exempt from military service skilled arti.sans
and mechanics; and

On motion by Mr. Wigfall,

Ordered^ That it be recommitted to the Committee on Military
Affairs.

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

On motion by Mr. Burnett,

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

The Senate proceeded, as in Coiuiuittee of the Whole, to the con-
sideration of the bill (S. 190) to provide for raising 200,000 negro
troops; and

On motion by Mr. Johnson of Georgia,

The Senate resolved into secret legislative session for the further
consideration thereof.



568 JOURNAL OF THE [Feb. 16, 1865.

The doors having been opened,

Mr. Burnett, from the coniniittee of conference on the part of the
Senate on the disagreeing votes of tlie two Houses on the l)ill (S. l'J!>)
to provide for the employment of free negroes and slaves to work
upon fortitications and perform other labor connected with the
defenses of the country, 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 reconnnend,
to their respective Houses as follows:

That the House of Representatives do recede from their third and tenth amend-
ments.

That the Senate do recede from their disagreement to the eleventh amendment of
the House of Representatives.

The Senate proceeded to consider the said report; and

On motion by Mr. Burnett,

Resol/ved., That the}' concur therein.

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

A message from the President of the Confederate States, by Mr.
B. IS'. Hai'rison, his Secretary:

Mr. President: On the 14th instant the President of the Confederate States approved
and signed a joint resolution (8. 26) of thanks t<j Mr. John Lancaster, of England,
for his friendly conduct toward the commander, officers, and crew of the Alabama.

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

Mr. Graham (b}- leave) introduced

A bill (S. 194) to provide for promotion of oflScers in certain cases;
which was read the first and second times and referred to the Com-
mittee on Military Affairs.

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

Richmond, Va., February 15, 1865.
To t]te Senate of the Confederate StateK:

In partial response to your resolution of the 24th ultimo, I herewith transmit
conunimications from the Secretary of the Navy and the Postmaster-General relating
to the munl)er of white men between the ages of 18 and 45, and of negroes, whose
services are necessary to their respective Dei)artnu'iits.

The Secretary of War has l)een called on to furnish reports on this suljject from
the several bureaus specified in your resolution, which will be transmitted when
received.

JEFFERSON DAVIS.
The message was read.

0/-</r/'cd, That it lie upon the table and be printed.
The following message was received from the President of the Con-
federate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., February 15, 1865.
To the Senate and Hou^e of liepresentatives:

I herewith transmit for your consideration a communication from the Secretary of
the Treasury, covering an estimate for an additional upjtropriation reipiired by the
Dei)artment of Justice.

JEFFERSON DAVIS.

The message was read.

(h'dci'cd^ That it be referred to the Committee on Finance.

On motion by Mr. Orr,

The Senate resolved into executive session.



Feb. 16, 1865.] SENATE. 569

The doors having been opened,
On motion bv Mr. Semmes,
The Senate adjourned.

SECRET SESSION.

On motion by Mr. Johnson of Georgia, that the bill (S. 190) to
provide for raising 200,0<>0 negro troops be transferred to the Secret
Legislative Calendar,

It was determined in the affirmative, \ ^i ^

' j JNays 7

On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Mes.srs. Baker, Burnett, Dortch, Haynes, Johnson of Georgia,
Johnson of Missouri, Maxwell, Vest, Walker, and Watson.

Those who voted in the negative are,

Messrs. Caperton, Graham, Hunter, Oldham, Orr, Semmes, and
Wigfall.

The Senate resumed the consideration of the said bill; and

On motion by Mr. Oldham,

Oi'deii'd^ That the further consideration thereof be postponed to
and made the special order for to-morroAV, at 1 o'clock.

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

Mr. Premlent: The House of Representatives have passed the bill of the Senate
(S. 102) to authorize the exportation of produce and inerchandi.se bouj^ht from
the Government.

On motion by Mr. Burnett,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

On motion b}' Mr. Wigfall, the vote on confirming the nomination
of S. D. Lee, to be a lieutenant-general, was reconsidered.

The Senate resumed the consideration of the nomination of S. D.
Lee; and

On motion by Mr. Burnett,

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

The Senate resumed the consideration of the nomination of Isaac M.
St. John, to be Commissary-General, with the rank of brigadier-gen-
eral; and

Resolved.^ That the Senate do advise and consent to the appointment
of Isaac M. St. John, agreeably to the nomination of the President.

Mr. Burnett, from the Committee on Military Affairs, to whom was
referred (on the 25th ultimo) the nomination of W. W. Barrett, to be
quartermaster, wnth the rank of major in the Provisional Army of the
Confederate States, reported, with the recommendation that said nom-
ination be contirmed.

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

Refiolved, That the Senate do advise and consent to the appoint-
ment, agreeablj" to the nomination of the President.



570 JOURNAL OF THE [Feb. 17, 1865.

The following messtioe was received from the President of the Con-
federate States, b}^ Mr. B. N. Harrison, his Secretary:

Richmond, Va., Februanj 15, 1865.
To the Senate of the Confederate States:

AgreeaVjly to the recommendation of the Postmaster-General, 1 hereby nominate
Hillery Moseley, to he postmaster at CUnton, Hinds County, Miss.

JEFFERSON DAVIS.

Post-Office Department, Confederate States of America,

Richmond, February 13, 1865.
To the President.

Sir: I have tlie honor to recommend for confirmation by the Senate the following
appointment, made since the opening of the present adjourned session of Congress:
February 11, 1865, Hillery Moseley, postmaster at Clinton, Hinds County, Miss.
Very respectfully, vour obedient servant,

JOHN H. REAGAN,

Postmaster-General .
The message was read.

Ordered^ That it l)e referred to the Committee: on Post-OlBces and
Post-Roads.

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

Executive Department, Confederate States of America,

Riclnnond, February 15, 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. 202. J War Department, Confederate States of America,

Richmond, February 15, 1865.
Sir: I have the honor to recfmnnend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

ARTILLERY OFFICERS, FOR ORDNANCE DITY.

Lieutenant-colonel.

Maj. E. B. Smith, of Virginia, to be lieutenant-colonel of artillery (to fill an original
vacancy), to rank frt)m January 17, 1865.

Major.

Capt. George W. Christy, of Louisiana, to be major nf artillery, vice Major Smith,
jironioted, to rank from .January 17, 186.5.

I am, sir, respectfully, your uljedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

IWsident, etc.

The message was read.

Ordei'id^ That it l)e referred to the Conmiittee on Military Affairs.

On motion by Mr. Dortch,

The Senate resolved into open legislative session.

FRIDAY, February 17, 1865.

OPEN SESSION.

A message from the House of Representatives, by ]\Ir. Dalton:

Mr. Premlent: The House of Representatives have passe<l bills of the following
titles; in which they n'i|uest the concurrence of the Senate:

II. K. .'{lit. An act more effectually to prevent and i>unish absenteeism and dcser-,
lion in the Army; and



Feb. 17, 1865.] SENATE. 571

H. R. 373. An act to provide for the more efficient transportation of troops, sup-
plit'H, and inniiitic)ns of war upon the raih'oads, steamboats, and t^'anals in tiie Con-
federate States, and to control telegraph lines employed l)y ( lovernnient.

And they have passed the bill of the Senate (S. 94) to amend the law in relation
to the receipt of counterfeit Treasury notes by public officers, witli amendments; in
which they request the concurrence of the Senate.

The House of Representatives have agreed to the report of the committee of con-
ference on the disagreeing votes of the two Houses on the l)ill (H. R. 336) to author-
ize the establishment of an ofiice of deposit in connection with the Tieasury.

The President of the Confederate States has notified the House of Representatives
that on the 14th instant he approved and signed an act (H. R. 364) appropriating
$10,000 to pay claims in the recruiting service of the Confederate States.

Mr. Johnson of Georgia presented a series of resolutions passed at
a meetinof of the officers and men of the Second, Fifteenth, Seven-
teenth, and Twentieth regiments of Benning-\s brigade in relation to
the prosecution of the war and recruiting the Army; which were
ordered to lie upon the table and be printed.

On motion by Mr. Semmes,

Ordered^ That Power, Loav & Co. have leave to withdraw their
memorial and accompanying papers.

Mr. Wigfall, from the Committee on Military Affairs, reported

A bill (S. 195) to authorize the Secretary of War to negotiate with
the governors of the several States for slave labor;
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.

Re)<olved^ 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. Wigfall, from the Committee on Military Affairs, to whom was
referred the bill (H. R. 303) for the further organization of the field
artillery of the Confederate States, reported it without amendment.

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

Ordei'ed^ That the Secretary inform the House of Representatives
thereof.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
recommitted the bill (S. 181) to exempt from military service skilled
artisans and mechanics, reported it with amendments.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
recommitted the bill (H. R. 350) to diminish the number of exemptions
and details, reported it with amendments.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and

On motion by Mr. Orr,

Ordefi'ed^ That the further consideration thereof be postponed until
to-morrow, and that the bill and amendments be printed.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the })ill (S. 181) to exempt from military service skilled
artisans and mechanics.



572 JOURNAL OF THE [Feb. 17, 1865.

On motion by Mr. Orr, that the further consideration of the bill ])e
postponed until to-morrow,

It was determined in the negative.

On the question to a^ree to the first reported amendment, to wit:
Insert after '"States,"'' line 7, the words "'or in the public workshops
of an}' of the States,"

It was determined in the affirmative.

On the question to agree to the second reported amendment.

On motion b}' Mr. Oldham,

The Senate resolved into secret legislative session.

The doors having been opened,

Mr. Burnett, from the Committee on Claims, to whom were referred
the bill (H. R. 868) for the relief of James S3'kes, agent of James W.
Sykes, and the joint resolution (H. K. 27) for the relief of the legal
representatives of John R. Cardwell, reported them severally without
amendment.

The Senate proceeded to consider 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 en)ployees of the civil depart-
ments of the Government in the city of Richmond, with the amend-
ments thereto reported from the Conmiittee on Finance; and

The reported amendments having been amended and agreed to.

Resolved^ That the Senate concur in the amendments of the House
of Representatives to the said l)ill, with amendments.

Ordered^ That the Secretary recpiest the concurrence of the House
of Representatives in the amendments.

The bills (H. R. 319 and H. R. 873) received this day from the
House of Representatives for concurrence were severally read the tirst
and second times and referred to the Connnitteeon Military Affairs.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 94) to amend the law in relation to the
receipt of coimterfeit Treasury notes })y public officers; and

Resolved^ That they concur therein.

Orden^ed^ That the Secretary inform the House of Representatives
thereof.

On motion by Mr. Burnett,

The Senate adjourned.

SECRET SESSION. ^

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

Mr. President: The House of Rei»resentatives have passed a joint resolution (H. R.
29) in relation to the services of Manuel and Rafael Arniijo and Julian Tesorio; in
which they request the concurrence of the Senate.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (S. 190) to provide for raising 200,000 negro troops.

On the question to agree to the following reported amendment, to
wit: Strike out the fourth section and insert:

That all slaves received into the service under the provisions of this act shall be
valued and ])aid for according to existing laws, and tliat saiil slaves, or any of them,
upon a faithful performance of their duties, shall l)e manumitted by general orders
from the War Department, if the consent of the State in which the said slaves may
beat the time is given for their n)anumis.sion,

On motion by Mr. Walker, to amend the amendment by striking out
the words " upon a faithful performance of their duties," Imes 5 and t),
It was determined in the affirmative.



Feb. IS, 1865.] SENATE. 573

On motion b}' Mr. Sininis, to amend the amendment by striking out
the words "or any of them," line 5,

On motion by Mr, Garhmd, that the further consideration of the
bill be postponed indeHnitel}^

On motion by Mr. Garland,

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

On motion l)y Mr. Wig-fall, from the Committee on Military Affairs,

Ordered^ That the message of the President of the Confederate
States of the 9th of January last, transmitting the official report of
Gen. Joseph P]. Johnston of the operations of the Army of Tennessee,
together with the accompanying documents, be printed; and that the
injunction of secrecy be removed therefrom.

The joint resolution (H. R. 29) receiv^ed this day from the House of
Representatives for concurrence was read the first and second times
and referred to the Committee on Claims.

On motion b}" Mr, Senmies,

The Senate resolved into open legislative session.

SATURDAY, February 18, 1865.

OPEN SESSION.

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

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

H. R. 375. An act authorizing jjroof to be received of the loss or destruction of
vouchers necessary in the settlement of accounts;

H. R. 376. An act making an appropriation for the exchange or redemption of
mutilated Treasury notes of the new issue; and

H. R. 377. An act to establish an arsenal and foundry in the valley of Deep River,
in the State of North Carolina.

The Speaker of the House of Representatives having signed sundry enrolled bills
and enrolled joint resolutions, I am directed to bring them to the Senate for the
signature of their President.

Mr. Watson (l)y leave) introduced

A bill (S. 196) in relation to the printing and binding, in pamphlet
form, of the acts, resolutions, and treaties adopted at each session of
Congress;

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

Mr. Vest (by leave) introduced

A bill (S. 197) declaring certain persons liable to dut}^ in the reserve
forces of the respective States;

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

Mr. Caperton presented a series of resolutions passed at a meeting
of the officers and men of the Thirty-second Regiment of Virginia
Infantry in relation to the further prosecution of the war; which
were ordered to lie upon the table and be printed.

Mr. Wigfall, from the Counnittee on Military Afi'airs, to whom
was referred the bill (H, R. '201 ) to amend an act entitled "An act to
provide tobacco for the Army," approved February 17, 1864, reported
it with the recommendation that it ought not to pass.

Mr. Wigfall, from the (bmmittee on Military Afi'airs, to whom
was referred the bill (H. R, 373) to provide for the more efficient



574 JOURNAL OF THE



[Feb. 18, 1865.



transportation of troops, supplies, and munitions of war upon the
railroads, .steanilioats, and canals in the Confederate States, and to
control telegraph lines employed Iw Government, reported it without
amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration 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 Secretary inform the House of Representatives
thereof.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred the bill (S. 194) to provide for promotion of officers in certain
cases, reported it without amendment.

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

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

The said })ill was read the third time.

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

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

On motion by Mr. Wigfall,

Ordered^ That the (Jommittoc on Military Affairs be discharged
from the further consideration of certain documents in relation to
the inferior quality of tobacco distributed to the Army, and that they
be referred to a select committee of three members.

On motion by Mr. Wigfall,

Ordered^ That the committee ))e appointed l)v the President pro
tempore; and

Mr. Simms, Mr. Dortch, and Mr. Johnson of Missouri were
appointed.

Mr. Wigfall, from the Committee on Military Affairs, to whom were
referred the messages of the President of the Confederate States of
the loth and 18th of Novenber, and of the 6th of December last,
transmitting sundry reports of military operations, reported thereon.

Ordered^ That they lie upon the table.

Mr. Semme.s, from the Committee on Finance, to whom was referred



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