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

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agreeably to the nomination of the President.

Mr, Wigfall, from the Committee on Militar}^ Afi^airs, to whom were
recommitted (on the 22d instant) the nominations of Lieut. Col. I. M.
St. John, to be colonel; Majs. Richard Morton and W. R. Hunt, to be
lieutenant-colonels; Capts. Isaac Read, T. J. Finnic, John Ellicott,
James F. Jones, and C. R. Barney, to be majors, and First Lieuts. F.
W. Smith, R. H. Temple, W. Gabbett, H. F. Reardon, R. C. Morton,
B. A. Stovall, J. W. Pearce, S. Chalaron, and John R. Hale, to be
captains in the Niter and Mining Corps, reported back the same, with
the recommendation that they 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 appointment,
agreeably to the nomination of the President.

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to
whom was referred (on the 21st instant) the nomination of A. C. Hege,
to be postmaster at Lexington, Davidson County, N. C, reported, with
the recommendation that said nomination be confirmed.

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

Resolved, That the Senate do advise and consent to the appointment,
agreeably to tne nomination of the President.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

FRIDAY, February 24, 1866.

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. 234. An act to increase the number of ordnance sergeants in the Provisional
Army; and

H. R. 379. An act to levy additional taxes for the year 1865, for the support of
the Government.



600 JOURNAL OF THE [Feb. 24, 1865.

And they have passed the bill of the Senate (S. 163) to authorize the appointment
of additional officers in the Engineer Corps.

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

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. K. 378) to provide for the immediate pa^^ment of arrears
due to the Army and Navy, reported it with the recommendation that
it ought not to pass.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred the amendment of the House of Representatives to the bill
(S. 169) to abolish the office of certain quartermasters and assistant
quartermasters, commissaries and assistant commis.saries, and to pro-
vide for the appointment of bonded agents in said departments, reported
thereon.

The bills received this day from the House of Representatives for
concurrence were severally read the first and second times; and

Ordered^ That the bill numbered 23-i be referred to the Committee
on Military Affairs and the bill numbered 379 to the Committee on
Finance.

On motion b}' Mr. Hunter,

The Senate resolved into secret legislative session.

The doors having been opened.

On motion by Mr. Semmes,

The Senate adjourned.

SECRET SESSION.

Mr. Hunter (by leave) introduced

A bill (S. 207) to authorize the issue of licenses for the sale of
tobacco and cotton ;

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

Mr. Wigfall submitted the following motion for consideration:

Ordered^ That the vote by which the Senate refused to pass to a
third reading the joint resolution (H. R. 29) in relation to the services
of Manuel and Rafael Armijo and Julian Tesorio be reconsidered.

On motion by Mr. Wigfall,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to whom
was connnitted (on the 14th instant) the nomination of E. G. Lee, to
be brigadier-general, reported back the same with the reconuuendation
that it be not confirmed.

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

Resolved^ That the Senate do not advise and consent to the appoint-
ment of E. G. Lee, to be a brigadier-general.

On motion by Mr. Orr,

The Senate resolved into open legislative session.



Feb. 25, 1865.] SENATE. 601

SATURDAY, February 25, 1865.

OPEN SESSION.

Mr, Brown submitted the following' resolution; which was con-
sidered and agreed to:

Besulred, That Admiral Franklin Buchanan, of the Confederate States Navy, be
invited to a privileged seat on the tloor of the Senate, and that the presiding officer
of the Senate be requested to furnish the Admiral with a copy of this resolution.

Mr. Henry submitted the following resolution; which was con-
sidered and agreed to:

Resolred, That the privilege of the floor of the Senate be extended to the Honorable
Isham G. Harris, governor of the State of Tennessee, and that the Secretary of the
Senate be directed to communicate a copy of this resolution to Governor Harris.

On motion by Mr. Henry, that the Hon. Landon C. Haynes have
leav^e of absence until the close of the present session.

It was determined in the negative, - ^ ^\ <.

On motion by Mr. Wigfall,

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

Those who voted in the affirmative are,

Messrs. Baker, Garland, Graham, Henry, Orr, Simms, and Walker.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Hunter, Johnson of Georgia, Johnson of
Missouri, Maxwell, Senunes, Watson, and Wigfall.

The President pro tempore laid before the Senate a resolution of the
general assembly' of the State of Virginia in relation to the Confederate
States impressment laws; which was read.

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

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred the bill (H. R. 234) to increase the number of ordnance ser-
geants in the Provisional Army, reported it withoiit 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.

On the question.

Shall the bill be read a third time?

It was determined in the negative.

So the bill was rejected.

Ordered, That the Seci'etary inform the House of Representatives
thereof.

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

Mr. President: The House of Representatives have passed a joint resolution (H. R.
30) expressing the sense of Congress on the subject of the late peace commission; in
which they request the concurrence of the Senate.

The House of Representatives have concurred in the amendments of the Senate to
the bill (H. R. 377) to establish an arsenal and foundry in the valley of Deep River,
in the State of North Carolina, and to the bill ( H. R. 382) to amend the fourteenth sec-
tion of an act entitled "An act to reduce the currency and to authorize a new issue
of notes and bonds."

Mr. Walker, from the Committee on the Judiciary, to whom was
referred the bill (H. R. 381) for the relief of bonded agriculturists in
certain cases, reported it without amendment.



602 JOUKNAL OF THE [Feb. 25, 1865.

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

On motion by Mr. Maxwell, to amend the bill by inserting* after
"field," section 1, line 5, the words " not less than one month,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by striking ont the first
section,

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

On motion by Mr. Burnett,

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

Those who voted in the affirmative are,

Messrs. Barnwell, Burnett, Garland, Henry, Hunter, Semmes,
Simms, and Vest.

Those who voted in the negative are,

Messrs. Baker, Brown, Johnson of Georgia, Johnson of Missouri,
Maxwell, Oldham, Orr, Walker, Watson, and Wigfall.

On motion by Mr. Johnson of Missouri, to amend the bill by inserting
after "month," section 1, Hue 5, the word "contiiuiously,"

It was determined in the affirmative.

On motion by Mr. Oldham, to i-econsider the vote on disagreeing to
the amendment proposed by Mr. Semmes, to strike out the first section
of the bill,

It was determined in the affirmative. \ ^r " ,.

' I Nnyii . . b

On motion b}' Mr. Simms,

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

Those who voted in the affirmative are,

Messrs. Barnwell, Burnett, Garland, Henry, Hunter, Johnson of
Missouri, Oldham, Semmes, Sinmrs, Vest, and Wigfall.

Those who voted in the negative are,

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

The Senate resumed the consideration of the amendment proposed
by Mr. Semmes; and

On the question to agree thereto.

It was determined in the affirmative.

The bill having been further amended on the motion of Mr. Semmes,
it was reported to the Senate and the amendments were concurred in.

Ordered, I'hat the amendments be engrossed and the bill read a third
time.

The said bill as r.mended was read the third time.

Resolved, That it pass with amendments.

Oi'dcred, That the Secretary request the concurrence of the House
of Representatives in the amendments.

Mr. Maxwell, from the committee, reported that they had examined
and found trul}'^ enrolled ))ills of the following titles:

S. 84. An act to regulate, for a limited [)eriod, the compensation of
the officers, clerks, and employees of the civil departments of the
Government in the cit}^ of Richmond;

S. 94. An act to amend the law in relation to the receipt of counter-
feit Treasur}'^ notes by public officers;

S. 187. An act to regulate the business of conscription;



Feb. 25, 1SG5.J . SENATE. 603

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

H. R. 368. An act for the relief of James Sykes, agent of James
W. Sykes. w

The President pro tempore having signed the enrolled bills 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 joint resolution (H. R. 30) received this day from the House of
Representatives for concurrence was read the first and second times
and referred to the Committee on Foreign Relations.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H, R. 378) to provide for the immediate pay-
ment of arrears due to the Army and Navy; and no amendment being
proposed, it was reported to the Senate.

On the question,

Shall the hill be read a third time?

It was determined in the negative.

So the bill was rejected.

Ordered^ That the Secretary inform the House of Representative?
thereof.

The Senate proceeded to consider the amendment of the House of
Representatives to the bill (S. 169) to abolish the office of certain
quartermasters and assistant quartermasters, connnissaries and assist-
ant commissaries, and to provide for the appointment of bonded agents
in said departments; and

On motion by Mr. Maxwell, that the further consideration thereof
be postponed indefinitely.

It was determined in the negative.

On motion by Mr. Burnett,

Resolved, That the Senate concur in the amendment of the House of
Representatives to said bill.

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

On motion by Mr. Wigfall,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Senmies,

The Senate adjourned.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to .vhomwere
referred (respectiveh^ on the 6th, 14th, and 29th December, 1864, and
on the 25th ultimo) the nominations of William H. Capers, C. C.
Morgan, B. H. Blanton, Charles VV. Digges, P. G. Johnson, D. H.
Reid. J. E. Porter, Graham Daves, H. L. Davis, J. Stephenson,
W. Abercrombie, J. M. Davis, S. W. Oliver, James H. Murray,
A. Huguenin, John R. Carwile, John E. Saunders, and Charles Haigh,
to be aids-de-camp, with the rank of first lieutenant, reported, with the
recommendation that they lie upon the table.

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

Hesolved, That all of said nominations lie upon the table.



604 JOUENAL OF THE [Feb. 27, 1865.

Mr. Wigfall, from the Committee on Military Affairs, submitted
the followino- resolution for consideration:

Resolred, That Major-General Stephen D. Lee, having been appointed lieutenant-
general under the act of Februal^y seventeenth, eighteen luindred and sixty-four,
and having V)een relieved from the discharge of the duties in the command to which
he was appointed, can not be confirmed by the Senate to the said command, but
must now resume his former rank in the service.

The Senate proceeded to consider said resolution; and

On motion by Mr. Semmes,

The Senate resoh^ed into open legislative session.

MONDAY, February 27, 1865.

OPEN SESSION.

Mr. Simms presented a series of resolutions passed at a meeting of
Kentucky- soldiers held at Camp Lee, near the city of Richmond, in
relation to the prosecution of the war and placing- negroes in the Ami}'
as soldiers; which were ordered to lie upon the table and be printed.

On motion by Mr. Semmes,

O/r/e/'id, That the Committee on Finance have leave to sit during
the sessions of the Senate.

Mr. Baker, from the Committee on Claims, to whom was referred
the bill (S. '2oy>) for tlie relief of Thomas Lanigan, reported it with
the recommendation that it ought not to pass.

Mr. Hrown presented the memorial of Peter James, jr., praying
compensation for two slaves lost while in the service of the Confed-
erate States; which was referred to the Committee on Claims.

Mr. Henry, from the committee of conference on the part of the
Senate on the disagreeing votes of the two Houses on the bill (S. IIT)
to authorize the commanders of the reserves in each State to order
general courts-martial and to revise the proceedings of courts-martial
and military courts reported

That, having met the managers on the part of the House of Representatives, and
having conferred, they have come to an agreement thereon, and reconunend for
adojjtion: first, the Senate agrees to the amendment of the House inserting after the
word "all," in the fifth line, the word "military;" second, the Hou.'je recedes from
the second amendment adopted by the House, and agrees to the amendment passed
by the Senate, with the following proviso: " Frorided, When reserves are not on
duty in the field tiie military lourts created by statute shall have no jurisdiction to
try offenses committed by them."

The Senate proceeded to consider the said report; and

Rcxoh'td^ That they concur therein, and that the bill be amended
accord ingh\

Oi'dti'td^ That the Secretary inform the House of Representatives
thereof.

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

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

H. R. 387. An act to amend an act entitled "An act to establish and organize two
bureaus in connection with the agency of the Treasury," etc., approved February
17, 1864, and to providi' tor the more cflicient organization of the agency of the
Treasury for the Trans-Missi.'^sipjii Department;

H. R. 388. An act to authorize the First Auditor to receive and keep the accounts
of the Navy Department;

H. R. 389. An act to amend an act to authorize the appointment of assistants to
the Register in signing bonds and certificates, approved February 14, 1863; and



Feb. 27, 1.S65.] SENATE. 605

H. K. 390. An act for the relief of taxpayers in certain rases.

The President of the Confederate States has notified the House of Representa-
tives tliat on the 23d instant he approved and signed the following acts and joint
resolutions:

H. R. 273. An act to authorize the consolidation of companies, battalions, and
regiments;

H. R. 304. An act to increase the efficiency of the cavalry of the Confederate
States;

H. R. 336. An act to authorize the establishment of an office of deposit in connec-
tion with the Treasury;

H. R. 26. Joint resolution for the relief of James D. Brown; and

H. R. 28. Joint resolution authorizing the transfer of funds in the Quartermaster-
General's Department.

The Speaker of the House of Representative.* having signed sundry enrolled bills
and an enrolled joint resolution, I am directed to l)ring them to the Senate for the
signature of their President.

The bills (H. R. 3S7, 388, 389, and 390) received this day from the
House of Representatives for concurrence were severally read the
first and second times and referred to the Committee on Finance.

On motion by Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Baker,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Repr^entatives have passed a Ijill (H. R. 392) to pro-
vide transportation for Senators, Re^esentatives, and Delegates in Congress to their
respective places of residence, and to increase, for a limited time, their salaries; in
which they request the concurrence of the Senate.

The bill (H. R. 392) last mentioned was read the first and second times
and considered as in Committee of the Whole; 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.

()rd<yred., That the Secretary inform the House of Representatives
thereof.

On motion by Mr. Wigfall,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred (on the 1.5th instant) the nomination of H. T. Scott, to be an
artillery officer, for ordnance duty, with the rank of captain, reported,
with the recommendation that said nomination be confirmed.

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

Rem] red ^ Tiiat the Senate do advise and consent to his appointment,
agreealjly to the nomination of the President.

Mr. Johnson of Missouri, from the Committee on Indian Affairs, to
whom was referred (on the 22d instant) the nomination of Brig. Gen.
Douglas H. C'ooper, to be Superintendent of Indian Affairs, reported,
with the recommendation that said nomination be confirmed.



606 JOURNAL OF THE [Feb. 28, 1865.

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

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

On motion b}^ Mr. Baker,

The Senate resolved into open legislative session.

TUESDAY, February 28, 1865.

OPEN SESSION.

Mr. Burnett presented a series of resolutions passed at a meeting of
the officers ancf men of Duke's Kentucky cavalry in relation to the
prosecution of the war; which were ordered to lie upon the table and
be printed.

Mr. Watson (by leave) introduced

A bill (S. 208) to provide for returned prisoners of war;
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 i-ead a third time.

The said bill was read the third time.

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

Ordered^ That the Secretar}- request the concuri-ence of the House
of Representatives therein.

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

Mr. President: The President of the Coiiforlerate States? has notified the House of
Representatives tliat on the 'Joth instant he approved and signed the following acts:

H. R. 308. An act for the further organization of the field artillery of the Confed-
erate States; and

H. R. 868. An act for the relief of Janiea Sykes, agent of James W. Sykes.

Mr. Semmes, from the Committee on Finance, reported

A bill (S. 201)) to continue in force and extend an act entitled "An
act to increase the compensation of the noncommissioned officers and
privates of the Armv of the Confederate States," approved June 9,
18(54;

which was read the first and second tinu's jind considered as in Com-
mittee of the Whole; and no amendment being proposed, it was
reported to the Senate.

Orde/'c'd, That it l>e engrossed and I'ead a third time.

The said bill was read the tiiird time.

Resolved, That it pass, and that th(> title thereof be as aforesaid.

Orde?'ed, That the Secretary request the concurrence of the House
of Representatives therein.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 87l>) to levy additional taxes for the year 1805, for the
support of the Government, reported it with amendments.

Ordered^ Tiiat the bill and amendments V>e printed.

Mr. Oldham sul)mitted the views of the minority of the conunittee
on the said ))ill; which were ordered to be printed.

Ml". Semmes, from the Conunittee on Finance, to whom was n^ferred
the bill (H. R. 88{)) to amend an act to authorize the appointment
of assistants to the Register in signing bonds and certiticates, approved
Februar}-^ 11, 1863, reported it with an amendment.

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



Feb. 28. isfi5.] SENATE. 607

sideration of the said bill; and the reported amendment having been
agreed to, the bill wa« reported to the Senate and the amendment was
concurred in.

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

The said bill a.s amended was read the third time.

Resolved^ That it pass with an amendment.

Ordered, That the Secretary request the concurrence of the House
of Representatives in the amendment.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 388) to authorize the First Auditor to receive and keep
the accounts of the Navy Department, reported it without" amendment.

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

Ordered, That it pass to a third reading.

The said bill was read the third time.

Resolved^ That it pass.

Ordered^ That the Secretar}' inform the House of Representatives
thereof.

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

A bill (S. 210) to further regulate the control and management of
hospitals;
which was read and passed to a second reading.

Ordered, That it be printed.

Mr. Maxwell, from the committee, reported that they had examined
and found truly enrolled bills and a joint resolution of the following
titles:

H. R. 319. An act more etfectually to prevent and punish absentee-
ism and desertion in the Army;

H. R. 373. An act to provide for the more efficient transportation
of troops, supplies, and munitions of war upon the railroads, steam-
boats, and canals in the Confederate States, and to control telegraph
lines employed by Government;

H. R. 375. An act authorizing proof to be received of the loss or
destruction of vouchers necessar}^ in the settlement of accounts;

H. R. 27. Joint resolution for the relief of the legal representatives
of John R. Cardwell;

S. 129. An act to provide for the emploN'^ment of free negroes and
slaves to work upon fortifications and perform other labor connected
with the defenses of the country;

S. 163. An art to authorize the appointment of additional officers
in the Engineer Corps; and

S. 170. An act to increase the number of acting midshipmen in the
Navy, and to prescribe the mode of appointment.

The President pro tempore having signed the enrolled bills 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.

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

Mr. Preahlent: The President of the Confederate States, on the 18th instant,
approved and signecl tfie following acts and joint resohitions:

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



608 JOUKNAL OF THE [Feb. 28, 1865.

S. 102. An act to authorize the exportation of produce and merchandise bought
from the Government;

S. 179. An act to amend an act to provide for holding elections for Representa-



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