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

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On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Brown, Caperton, Henry, Johnson of Missouri, Oldham,
Semmes, Vest, Watson, and Wigfali.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Graham, Hunter, Johnson of Georgia,
Orr, and Walker.

So it was

Resolved., That this resolution pass.

Ordered, 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 Senate of the
following titles:

S. 105. An act to authorize the exportation of cotton l:)y the several States in pay-
ment for army and other supplies and cotton and wool cards; and

S. 218. An act to authorize the removal of the Naval School.

The bill first named with amendments; in which they request the concurrence of
the Senate.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 105) to authorize the exportation of
cotton by the several States in payment for army and other supplies
and cotton and wool cards; and

Resolved, That they concur therein.

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

On motion by Mr. Watson,

The Senate resolved into executive session.



654 JOURNAL OF THE [Mar. 6, 1865.

EXECUTIVE SESSION.

The Senate resumed the consideration of the nomination of A. H.
Chalmers, to be lieutenant-colonel of cavalry (laid on the table on the
2d instant); and

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

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

Resolved, That the President be respectfullj' requested to inform the Senate why
he only gives to aids-de-camp to general otficers above the grade of brigadier-general
the rank of first lieutenant in his nominations made to the Senate.

On motion bj^ Mr. Baker,

Ordered^ That the Committee on Post-OfBces and Post-Roads be
discharged from the further consideration of the message of the Presi-
dent relative to the removal from office by the Postmaster-General of
J. S. Antley, postmaster at Clinton, Hinds County, Miss.

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

Richmond, Va., March 3, 1865.
To the Senate of the Confederate States:

I have this day received a copy of your resolution of the 1st instant, as follows:

" Remlrcd, That Major-General Stephen D. Lee having been appointed lieutenant-
general under the act of February seventeenth, eighteen hundred and sixtj'-four, an<l
having been 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 conmiand, but must
now resume his former rank in the service."

In response, I have "the honor to request the return of the nomination w'hich was
the occasion of the resolution, and to inform you that, before the action of the Senate
in the premises was know'n, 1 had directed a new nomination of the officer referred
to to be made, which should be free from the objection stated.

JEFFERSON DAVIS.

On motion bj- Mr. Orr,

Ordered.^ That the aforesaid nomination be returned to the President
of the Confederate States in compliance with his request.

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,

Richmond, March 6, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt. W.
L. Trenholm, of South Carolina, to be lieutenant-colonel Nineteenth South Carolina
Battalion Cavalry, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 243.] War Department, Confederate States of America,

Richmond, March 4, 1865.
Sir: I have the honor to recommend the nomination of Capt. W. L. Trenholm, of
South Carolina, to be lieutenant-colonel Nineteenth South Carolina Battalion Cav-
alry, in the Provisional Army of the Confederate States of America (l)attalioii
increased to seven companies) (an original vacancy), to rank from February 25, ISG/i.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

To His Excellency Jefferson Davis, ^''" '^""^ ^^ ^^'"■^-

President, etc.

The message was read.

The vScnate proceeded to consider the nomination of Capt. W. Jj.
Trenholm, to be lieutenant-colonel Nineteenth South Carolina Bat-
talion Cavaliy; and



Mar. 6, 1865.] SENATE. 655

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

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

Richmond, Va., March 4, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Attorney- General, I hereby nominate
James F. JNIcClellan, to be district attorney of the Confederate States for the district
of Florida, in place of Chandler C. Yonge, resigned.

JEFFERSON DAVIS.
Department of Justice, Confederate States of America,

Richmond, March 2, 1865.
To the President.

Sir: I have the honor to recommend the following nomination: James F. McClel-
lan, to be district attorney of the Confederate States for the district of Florida, in
place of Chandler C'. Yonge, resigned.

Very respectfully, your obedient servant, GEO. DAVIS,

A ttorney- General.

The message was read.

The Senate proceeded to consider the nomination (contained in the
message of the President of the 4th instant) of James F. McClellan,to
be district attorney of the Confederate States for the district of
Florida; and

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

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

E.xEciTivE Department, Confederate States of America,

Richmond, March 6, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate A. H.
Whetstone, of Alabama, to be an assistant quartermaster, with the rank of captain in
the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 244.] War Department, Confederate States of America,

Richmond, March 4, 1865.
Sir: I have the honor to recommend the nomination of A. H. Whetstone, of Ala-
bama, to be an assistant quartermaster, with the rank of captain in the Provisional
Army of the Confederate States of America, for duty with the Tw^enty-fourth Ala-
bama Battalion Cavalry (an original vacancy), to rank from June 15, 1864.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

rr TT- 17 n T -Tk Secretary of War.

To His Excellency Jefferson Davis, ■-' ■

President, etc.

Executive Department, Confederate States of America,

Richmond, March 4, 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 aflSxed to their names, respectively.

JEFFERSON DAVIS.

No. 219.] War Department, Confederate States of America,

Richmond, February 22, 1865.
Sir: I have the honor to recommend the following nominations for appointment in
the Provisional Army of the Confederate States of America:

engineer troops.
Captain.

R. ]\I. Stiles, of Georgia, to be captain Company E, Second Regiment Engineer
Troops (an original vacancy), to rank from October 27, 1864.



656 JOURNAL OF THE [Mar. 6, 1865.

First lieutenant.

C. A. Alexander, of Georgia, to be first lieutenant Company E, Second Regiment
Engineer Troops (an original vacancy), to ranii from October 27, 1864.

Second lieutenants.

C. Phillips, of Georgia, to be second lieutenant Company E, Second Regiment
Engineer Troops (an original vacancy), to rank from Oi'tol)er 27, 1864.

T. L. Harrison, of Georgia, to be second lieutenant Company E, Second Regi-
ment Engineer Troops (an original vacancy), to ranli from October 27, 1864.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRH^GE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Iliclrmond, March 4, 1865.
To the Senate of the Confederate States:

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

JEFFERSON DAVIS.

No. 226.] War Department, Confederate States of America,

Richmond, February 25, 1865.
Sir: I have the honor to recommend the following nominations for appointment in
the Provisional Army of the Confederate States of America:

A ssistant quartermasters — captains.

C. L. Bennett, of Tennessee, for duty with Ninth Tennessee Cavalry Regiment (an
original vacancy), to rank from January 27, 1865.

Samui'l li. Snowden, of Louisiana, for duty as assistant to chief quarte'^master
Early's division, Army of Northern Virginia, to rank from February 21,1865.
1 am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Depart.ment, Confederate States of America,

Richnond, March 4, 1865.
To the Senate of the ( 'onfederate 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. 213.] War Department, Confederate States of America,

Richmond, February 2:3, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

artillery officers, for ordnance duty.

Captain.

M. H. Houston, of Virginia, to rank from January 7, 1865.

First lieutenants.

John Selden, of District of Columbia, to rank from January 7, 1865.
James S. Heyward, of South Carolina, to rank from Jamiary 7, 1865.
Ed. Mazyck, of South Carolina, to rank from January 7, 1865.



Mar. 7, 1865.] SENATE. 657

Second lieutenants.

John W. Friend, of Alabama, to rank from January 7, 1865.
W. K. Atkinson, of Georgia, to rank from January 7, 1865.
R. F. Wright, of Georgia, to rank from January 7, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States op America,

Richmond, March 3, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate J. T.
Hutcheson, of Virginia, to be an assistant commis.sary, with the rank of captain in
the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 239.] War Department, Confederate States of America,

Richmond, March 2, 1865.
Sir: I have the honor to recommend the nomination of J. T. Hutcheson, of Vi» -
ginia, to be an assistant commissary, with the rank of captain in the Provisional
Army of the Confederate States of America, report to Maj. Gen. G. W. C. Lee, as
conmiissary of his division, to rank from February 27, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, March 3, 1865.
To the Senate of tlte Confederate States:

Agreeably to the recommendation of the Secretary of "War, I nominate Henry P.
Foster, of South Carolina, to be second lieutenant Company C, Twenty-seventh
South Carolina Regiment (for distinguished valor and skill), in the Provisional
Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 240.] War Department, Confederate States of America,

Richmond, March 2, 1865.
Sir: I have the honor to recommend the nomination of Henry P. Foster, of South
Carolina, to be second lieutenant Company C, Twenty-seventh South Carolina Regi-
ment, in the Provisional Army of the Confederate States of America ( for distinguished
valor and skill), vice Lieutenant Campbell, promoted, to rank from February 25, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severally read.

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

On motion by Mr. Orr,

The Senate resolved into open legislative session.

TUESDAY, March 7, 1865.

OPEN SESSION.

Mr, Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 390) for the relief of taxpayers in certain cases, reported
it with the recommendation that it ought not to pass,

c J — VOL 4 — 04 42



658 JOURNAL OF THE [Mar. 7, I8fi5.

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

On motion b}' Mr. Semmes,

Ordered., That it lie upon the table,

Mr. Walker, from the Committee on the Judiciary, to whom was
referred the bill (H. R. 402) to make rules concerning captures on land,
reported it with amendments.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill; and the reported amendments having been
agreed to, the bill was reported to the Senate and the amendments were
concurred in.

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

The said bill as amended was read the third time.

Hesolved., That it pass with amendments.

Ordered, That the Secretar}^ request the concurrence of the House
of Kepresentativcs in the amendments.

Mr. Walker, from the Committee on the eludiciar}', to whom was
referred the bill (H. R. 342) providing for the auditing and payment of
properl}^ authenticated claims, reported it without amendment.

The Senate proceeded, as in Coujmittee of the Whole, to the consid-
eration of the said bill; and having been amended on the motion of
Mr. Sennncs, it was reported to the Senate and the amendments were
concurred in.

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

The said 1)111 us amended was read the third time.

On the (luestion,

Shall the bill now pass?

It was determined in the affirmative, ^ xt " n

' \ iSays

"^rhe vote having been taken by yeas and na3^s, conformably to the
Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Capoiton, Graham, Henry, Hunter, John-
son of (jreorgia, Johnson of Missouri, Maxwell, Oldham. Orr, Semmes,
Walker, and Wigfall.

So it was

Resolved., That this bill pass with amendments, two-thirds of the
Senators present having voted therefor.

On motion by Mr. Seuuncs, the title was amended so as to read: ''An
act i)r()viding for the auditing and payment of certain properlj'^ authen-
ticat(Hl claims.''

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

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to
whom was referred the joint resolution (H. R. 33) for the relief of
postmasters in certain cases, 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.

Mesol'ved^ That it pass.



Mar. 7, 1865.] SENATE. 659

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

Mr, Baker, from the Committee on Post-Offices and Post-Roads, to
whom was referred the bill (PI. R. 405) to establish certain post routes
therein named, reported it without amendment.

On motion of Mr. Maxwell,

Ordered^ That the Connnittee on Patents be discharged from the
further consideration of the annual report of the Commissioner of
Patents.

Mr. Orr, from the committee of conference on the part of the Sen-
ate on the disagreeing votes of the two Houses on the bill (S. 166) to
amend an act entitled "An act to provide and organize a general staff
for armies in the tield, to serve during the war,^' approved June 14,
1864, reported

That tliey have met, in free conference, and have agreed to recommend and do
hereby recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House, and
agree to the same with the following amendments: In line 2, strikeout "four" and
insert "three," and at the end of the section add ''Provided, That the pay of aids-
de-camp of the rank of first lieutenant of cavalry shall Ije the same as now allowed
by law."

The Senate proceeded to consider the said report; and

Resolved, That they concur therein.

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

Mr, Henry, from the Committee on Military Affairs, reported

A bill (S. 221) for the relief of maimed soldiers;
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.

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,

Mr, Semmes, from the Committee on Finance, to whom was referred
the bill (H. R, 394) to authorize the President to appoint a commis-
sioner to take proof as to expenditures made by the State of Tennessee
for the benefit of the Confederacy previous to the transfer of her
troops to the Confederate Government, reported it without amendment,

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. 307. An act authorizing the Secretary of the Treasury to borrow specie, to
be applied to the redemption and reduction of the currenc^y;

H. R. 385. An act making additional appropriations for the support of the Govern-
ment of the Confederate States of America from January 1 to June 30, 1865;

H. R. 414. An act making an additional appropriation for the redemption of a
temporary loan, made in the year 1861, of sundry banks in the Confederate States,
to supply funds to the Treasury;

H. R. 415. An act making an appropriation to supply a deficiency in the War
Department during the fiscal period ending December 31, 1864; and

H. R. 416. An act to increase the compensation of tax collectors and assessors in
the cities of Richmond and Petersburg.

And they have passed the bill of the Senate (S. 220) to increase the salary of the
assistant treasurer at Charleston, S. C.



660 JOURNAL OF THE [Mar. 7, 1865.

The House of Representativea have agreed to the report of the committee of con-
ference on the disagreeing votes of the two Houses on the bill (H. R. 379) to levy
additional taxes for the year 1865, for the support of the Government.

The President of the Confederate States has notified the House of Representatives
that on the 28th ultimo he approved and signed the following acts and joint reso-
lution :

H. R. 373. An act to provide for the more efficient transportation of troops, sup-
plies, and munitions of war upon the railroads, steamboats, 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 necessary in the settlement of accounts; and

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

That on the 1st instant he approved and signed the following acts:

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

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

H. R. 382. An act to amend the fourteenth section of an act entitled "An act to
reduce the currency and to authorize a new issue of notes arid hontls."

And that on the 3d instant he approved and signe<l the foil(jwing acts:

H. R. 348. An act to increase the compensation of marshals, criers, jurors, and
witnesses;

H. R. 371. An a(;t to relieve agriculturists exempted and detailed under the act of
February 17, 1864, in certain cases;

H. R. 381. An act to provide for the redemption of the old issue of Treasury notes
held by certain Indian tribes; and

H. R. 383. An act to require noncommissioned officers and privates, held as pris-
oners of war, to be paid upon their individual certificates, supported by oath.

Mr. Orr, from the cominittee of conference on the part of the Sen-
ate on the disuj^Teeing votes of the two Houses on the bill (H. K. 350)
to diminish the number of exemptions and details, reported

That they have met, and, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the first, third, fourth, and fifth
amendments of the Senate, and agree to the same.

That the House recede from its disagreement to the second amendment of the
Senate, and agree to the same with an amendment, to wit: After " lal)orers" insert
"employed in the Niter and Mining Bureau in localities where slave labor can not
with safety be employed."

That the House recede from its disagreement to the sixth amendment of the Senate,
and agree to the same with the following amendment, to wit: Strike out all the
amendment after the word "employed," in lines 4 and 5, and that the Senate agree
to the same as amended.

The Senate proceeded to consider the said report; and

Resolved^ That the}" concur therein.

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

IVIr. Semmes, from the committee of conference on the part of the
Senate on the disaji^reeing votes of the two Houses on the bill (H. K.
379) to lev_y additional taxes for the year 1S05, for the support of the
Government, reported

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

That the House of Representatives do recede from their disagreement to the
amendment of the Senate, and agree thereto with the following amendment, to wit:

Strike out all after "That," section 1, line 1, and insert as follows: "in addition to
the taxes levied by theactapproved February seventeenth, eighteen hundredand sixty-
four, entitled 'An act to amend an act entitled "An act to lay taxes for the common
defense and carry on the (lOvernment of the Confederate States," approved twenty-
fourth April, eighteen hundred and sixty-three,' there shall be levied for the year



Mar. 7, 1865.] SENATE. 661

eighteen liundred and sixty-five, on the subjects of taxation hereinafter mentioned,
and collected from every person, copartnership, association, or corporation liable
therefor, taxes as follows, to wit:

"I. Upon the value of all property, real, personal, or mixed, of every kind and
description, not hereinafter exemi)ted, or taxed at a different rate, eight per cent.
The value of the pnjperty taxed under tliis section shall be assessed on the basis of
the market value of the same or similar i)roperty in the neighborhood where assessed
in the year eighteen hundred and sixty; and it is hereby declared that all the prop-
erty and assets of corporations, associations, or joint stock companies, whether incor-
porated or not, shall be assessed and taxed in the same manner and to the same
extent as the property and assets of individuals. The tax on such property and
assets to be assessed against and i)aid by such corporations, associations, or joint
stock companies: Promled, That no bank or banking company shall be liable to pay
a tax on de{)osits of money to the credit of and subject to the checks of others:
And prorided fiirlJicr, That the stock or shares representing property or assets in
corporations, associations, or joint stock companies shall not be assessed or taxed as
property under this act, but the dividends derived therefrom shall be subject to be
taxed as income under existing laws.

"II. Upon the amount of all gold or silver coin, and upon the amount of all



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