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

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Ordered^ That the Secretar}' request the concurrence of the House
of lleprcsentatives therein.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (S. 8S) to exempt from taxation, on the part of the Confederate
(Tovernment, the articles purchased by the State of Arkansas under
and })y virtue of an act of the general asscm))ly of said State, approved
October 1, 1864, entitled "An act to provide cotton and wool cards
and medicines for the families of soldiers, and paper for the officers of
the State and counties, and for other purposes," reported it with the
recommendation that it ought not to pass.

On motion by Mr. Semmes,

Ordered, That the Committee on Finance be discharged from the
further consideration of the bill (S. 174) to encourage the production
of cotton in the Trans-Missi.s.sippi Department.

Mr. Semmes, from the Conmiittee on Finance, to whom was referred
the joint resolution (H. R. 34) for the relief of Alexander F. Kinney,
Confederate States depositary at Staunton, Va., reported it without
amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration of the said resolution; and no amendment being proposed, it
was reported to the Senate.

(h'drred. That it pass to a third reading.

The said resolution was read the third time.

Resoh'ed, That it pa.ss.

Ord£red^ That the Secretary inform the House of Representatives
thereof.

On motion by Mr. Semmes,

Ordered^ That the Committee on Financv' be discharged from the
further consideration of all bills, resolutions, and other matters referred
to them and not reported on.

Mr. Watson, from the Conunittee on the Judiciary, to whom was



Mar. 9, 1S65.] SENATE. 677

referred the bill (H. R. 413) to amend the sequestration laws, reported
it with amendments.

The Senate i;rocceded, as in Committee of the Whole, to the con-
sideration of the said bill; and the reported amendments having- l)een
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.

Resolved^ That it pass with amendments.

Ordered, 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 bills of the following titles:

S. 162. An act to amend an act entitled "An act to impose regula-
tions upon the foreign commerce of the Confederate States to provide
for the public defense," approved February 6, 1861:;

S. 220. An act to increase the salar}^ of the assistant treasurer at
(Charleston, S. C. ;

H. R. 214. An act to provide for the settlement of certain matters
of account growing out of purchases of property, as alleged by the
purchasers, for the use of the Government, by Payne & Co., in the
State of Texas;

H. R. 288. An act authorizing the promotion of officers, noncom-
missioned officers, and privates for distinguished valor and skill, or for
peculiar competency and general merit;

H. R. 294. An act to secure to sick and wounded officers the same
rights and privileges in obtaining leaves of absence as are now pro-
vided by law for soldiers obtaining furloughs;

H. R. 295. An act authorizing hospital accommodations for treat-
ment, including subsistence, to certain officers and soldiers resigned,
retired, or discharged;

H. R. 347. An act to authorize and regulate the allowances of naval
storekeepers;

H. R. 393. An act to provide for paying, in cotton, the annuities
due the Seminole, Creek, Choctaw, and Chickasaw nations of Indians;

H. R. 404. An act further to amend the act to provide an invalid
corps, approved Februar}^ IT, 1864;

H. R. 407. An act to construe and declare more explicitly the meaning
of an act to increase the compensation of the heads of the several Execu-
tive Departments and the Assistant Secretary of War and the Treasury
and of the Assistant Attornej^-General and the Comptroller of the
Treasury and other officers therein named, approved June 14, 1864;

H. R. 408. An act regulating the compensation of Government offi-
cers, clerks, and employees in the city of Petersburg; and

H. R. 410. An act making an appropriation for the construction and
repair of railroads for military purposes for the year 1865.

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 Senate proceeded, as in Committee of the Whole, to the consid-
eration of the bill (H. R. 405) to establish certain* post routes therein
named.



678 JOURNAL OF THE [Mar.9,1865.

On motion by Mr. Oldham, to amend the bill b}^ inserting after
line 38 the words "In the State of Texas, from Hockley to San Felipe,
in Austin County,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill b}" inserting after line 7
the words " From Winnsboro to Alston,""

It was determined in the affirmative.

No further amendment being proposed, 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.

Resolved^ That it pass with amendments.

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

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

Mr. President: The House of Representatives have passed a bill (H. R. 420) to pro-
vide for the payment of arrears now due to the Army and Navy; in which they
request the concurrence of the Senate.

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

The bill (H. R. 420) to provide for the payment of arrears now due
to the Army and Nav}' was read the tirst and second times and
referred to the Committee on Finance.

On motion by Mr. Wigfall,

Ordered, That the Connnittee on Military Affairs be discharged
from the further consideration of all bills, resolutions, and other mat-
ters referred to them and not reported on.

On motion b}' Mr. Maxwell,

The Senate resolved into secret legislative .session.

The doors having been opened.

On motion by Mr. Maxwell,

Ordered, That the President pro tempore appoint an additional
member on the Connnittee on Engrossment and Enrollment;- and

Mr. Johnson of Mi-ssouri was appointed.

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

Mr. President: The President of the Confederate States, on the 8th instant, approveil
and signed the following acts:

S. 180. An act to amend an act entitled "An act to prevent the procuring, aiding,
and assisting persons to desert from the Army of the Confederate States, and for
other purposes," approved January 22, 1864; and

S. 191. An act to al)()lish the office of all officers engaged in discharging the duties
of provost-marshals, except within the lines of an army in the field.

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

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

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

H. R. 419. An act to amend an ait providing for the establishment and payment
of claims for a certain description of property taken or informally impressed for the
use of the Army, api)roved 14th June, 1864; and

H. R. 421. An act for the relief of the Exchange Bank of Virginia, at Norfolk.

The House of Represji^ntatives have agreed t<t the resolution of the Senate grant-
ing leave to the committee on the treatment and exchange of prisoners and comlu«'t



Mar. 9, 1865.J SENATE. 679

of the war, etc., to sit during the recess of Congress, and authorizing the said com-
mittee to employ a clerk, with an amendment; in which they request the concur-
rence of the Senate.

The Senate proceeded to consider the amendment of the House of
Representatives to the resolution last mentioned; and .

Resolved., That they concur therein.

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

Mr. Orr, from the Committee on Foreign Relations, to whom was
referred the joint resolution (H. R. 30) expressing- the sense of Con-
gi-ess on the subject of the late peace commission, reported it with
amendments.

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

Ordered^ That the amendments be engrossed and the resolution read
a third time.

The said resolution as amended was read the third time.

Resolved., That it pass with amendments.

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

The bill (H. R. 419) to amend an act providing for the establish-
ment and pa^'ment of claims for a certain description of property taken
or informally impressed for the use of the Arm\% approved 1-lth
-Tune, 1864, was read the first and second times and referred to the
Committee on Finance.

On motion by Mi-. Semmes,

Ordered., That the Senate take a recess until 8 o'clock p. m.

8 o'clock p. m.

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

Mr. President: The Hou.'jo of Represcntativen have agreed to the amendments of the
Senate to hills of the following titles:

H. R. 307. An act authorizing the Secretary of the Treasury to borrow specie, to
be apjilied to the redemption and reduction of the currency;

H. R. 367. An act to increase the military force of the Confederate States;

II. R. 390. An act for the relief of taxpayers in certain cases; and

H. R. 402. An act to make rules concerning captures on land.

And they have agreed to the report of the conmiittee of conference on the dis-
agreeing votes of the two Houses on the bill (H. R. 384) for the relief of bonded
agriculturists in certain cases.

The House of Representatives have passed bills and a jomt resolution of the Sen-
ate of the following titles:

S. 21(5. An act to appropriate money to pay the Missouri State Guard;

S. 222. An act supplemental to an act approved on the 4th day of March, 18fi5,
entitled "An act 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;"

S. 199. An act to change the time for the assembling of Congress for its next regu-
lar session ; and

S. 35. Joint resolution providing for donations to the Treasurv of the Confederate
States.

The bill and joint resolution last named with amendments; in w'hich they request
the concurrence of the Senate.

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



680 JOURNAL OF THE [Mar. 9, 1865.

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. 258. An act to amend the act of February 7, 1803, so as to allow
commutation to soldiers for the war who have received no furlough:

H. R. 342. An act providing for the auditing and payment of certain
properly authenticated claims;

H.. R. 343. An act providing for the auditing and payment of prop-
erly authenticated claims against the Cotton Bureau in the Trans-Mis-
sissippi Department;

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

H. R. 33. Jointresolutionfortherelief of postmasters in certain cases.

The President pro tempore having signed the enrolled bills and
enrolled joint resolution last reported to have been examined, they
were delivered to the Secretaiy of the Senate and by him forthwith
presented to the President of the Confederate States for his approval.

The Senate proceeded to considei" the amendment of the House of
Representatives to the bill (S. 191)) to change the time for the assem-
bling of Congress for its next regular session; and

On motion by Mr. Orr,

Rci^olrcd, That the Senate disagree to the amendment of the Hcfuse
of Representatives to the said bill.

Ordri't'd^ That the Secretary inform the House of Representatives
thereof.

The Senate proceeded to consider the amendment of the House of
Representatives to the joint resolution (S. 35) providing foi- donations
to the Treasury of the Confederate States; and

Resolved^ Tluit they concur therein.

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

A message from tiic President of the Confederate States, by Mr.
B. N. Harrison, his Secietarv:

Mr. Frcnideiit: The President of the Confederate States, on the 7tli instant, apjiroved
and signed an act (S. 187) to regulate the l>nsinees of conscription.

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

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

Executive Office, Jiichmoml, Va., }fiirch 9, 1S65.
To the. Senate and House of Representatives of the Confederate States:

I herewith transmit for your consideration a conimunication from the Secretary of
the Treasury, covering estimates of ai)proi)riations required for the support of the
Government during the year 1865.

.TEFFERSON DAVIS.
The message was read.

Ordfi'dL That it be referred to the Committee on P'inance.
The following message was received from the President of the Con-
federate States, by ]Mr. B. N. Harrison, his Secretary:

Executive Office, liichmond, Va., March 9, ISH'k
Tit the Senate of the Confederate States:

I feel constrained to return the bill "to ]irovide for the jiromotion of officers in
certain cases" to the Senate, in which it oriii;inated, with a statement of the < bje '-
tiuns which have led me to withhokl from it mv signature.



Mar. 9, 18G5.] SENATE. 681

The Constitution provides, in paragraph 2, section 2, Article IT, "The President
shall have power, l)y and with the advice and consent of the Senate," to appoint
officers of the Confederate States not otherwise provided for, " but the Congress may
l)y law vest the appointment of such inferior officers as they think proper in the
President alone, in the courts of law, or in the lieads of Departments."

In the bill under consideration it is declared that "it shall he competent to the
commanchng general in the field, or the Secretary of War, to order the promotions
to be made of the officers next in grade," etc.

Tliis seems to me to confer a power of appointment on a commanding general not
warranted by the Constitution.

It may be further remarked that the power conferred upon the Secretary of War
will be ineffectual, except in the case when the officer next in rank is qualified to fill
the temporary vacancy; a case in which the power would be least necessary in order
to provide, for the time being, a competent commander.

JEFFERSON DAVIS.

The message was read.

The Senate proceeded to reconsider the bill (S. 194) returned by tlie
President of tiie Confederate States with his objections; which bill is
in the following words:

An act to provide for pro.notion of officers in certain cases.

The Congress of the Confederate States of America, do enact, That, wherever the pro-
motion of officers is obstructed by the captivity, disability, or prolonged absence of
officers of a superior grade in the same company, battalion, or regiment, it shall be
competent to the commanding general in the field, or the Secretary of War, to order
the promotions to be made of the officers next in grade, if competent, with tempo-
rary rank, without prejudice to the claims of the superior officers who are thus tem-
porarily absent, and the officers thus promoted, during the term of their service, shall
liave the pay and emoluments of the grade to which they may be assigned.

TH. "S. BOCOCK,
Speaker of the House of Representatives.
R. M. T. HUNTER,
President ])ro tempore of the Senate.

I do hereby certify that this act did originate in the Senate.

JAMES H. NASH,

Secretary.
On motion l)y Mr. Semmes,

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

The following message was received from the President of the Con-
federate States, l)y Mr, B. N. Harrison, his Secretar}"

To the Senate and House of Representatives of the Confederate States of America:

Having been this day informed that the two Houses of Congress have concurred
in fixing Saturday next as the day for their adjournment, I deem it proper and advis-
able to notify you that I expect, at an early day, to send a communication which
may require your deliberation and action; and, therefore, to request that you will
prolong your session for a few tlays.

JEFFERSON DAVIS.
Richmond, March 9, 1S65.

The message was read.

Ordered, That it lie upon the table.

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

Mr. President: The House of Representatives have passed a bill (H. R. 423) to
prevent improper communication of intelligence to the enemy; in which they request
the concurrence of the Senate.

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.

The bill (H. R. 123) to prevent improper communication of intelli-
gence to the enemy was read the first and second times and referred to
the Committee on the Judiciary.



682 JOURNAL OF THE [Mar. 9, 1805.

Mr. Johnson of Missouri (by leave) introduced

A joint resolution (S. 38) in relation to paying- exchanged or paroled
officers and soldiers;

which was read the first and second times and referred to the (.'onimittee
on Military Affairs,

Mr. Senuues, from the Committee on the Judiciary, to whom was
referred the bill (H. 11. 423) to prevent improper conuuunication of
intelligence to the enem3\ reported it without amendment.

The Senate proceeded, as in Conunittee of the Whole, to the consid-
eration of the said bill; and no amendment being proposed, the bill
was repoi'ted to the Senate.

Ordered^ That it pass to a third reading.

The said bill was read the third time.

ReHolved^ That it pass.

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

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

Mr. Preslile))!: The House of Representatives have passed a bill (H. R. 422) to
authorize jjrisouers of war to fund Treasurj- notes; in which they request the concur-
rence of the Senate.

The V)ill (H. R. 422) last mentioned was I'cad the first and second
times and referred to the Committee on Finance.

On motion by Mr. IJarnwell,

Ordci'cd^ That when the Senate adjoni'n it l)e to 8 o'clock p. m.
to-morrow.

On motion by Mr. Barnwell.

The Senate adjourned.

SECRET SESSION.

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

Mr. I'rc'tiilriit: The House of Representatives have a^reeil to the anieiidnients of
the Senate to the l)ill (II. R. -H7) to ])rovide transportation for Senators, Re|)resenta-
tives, and Delei^ates in Conjjressto their respective places of resi<U'ii(i', ami to increase,
for a limited time, their salaries.

On motion l)y Mr. Senuues,

Ordi I'ed^ That the Conunittee on Finance l)e discharged from the
furtiier consideration of the J)ill (H. R. 311) to provide transportation
for the officers of either House of Congress to their respei-tive ])laces
of residence, and to increase, for a limited time, their .salaries, and tlie
joint resolution (H. R. 32) in relation to the ]):iy of M(>ml)ers of, and
l)elegates in, and of the officers of l)oth House's during the recess of
Congress.

A message from the House of Representatives, l)y Mr. Dalton:

Mr. President: The Speaker of the House of Representatives havin<r siirnid snndry
enrolled bill.s and an enrolled joint resolution, I am directed to bring them to tlie
Senate for the signature of their President.

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

S. 10.5. An act to authorize the exportation of cotton ]»y the several
State s in payment for army and oth(n- supi)li('s and cotton and wool
cards;

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



I



Mar. 9. 1865.] SENATE. 683

H. R. 361. An act to provide for the establishment of a bureau of
special and .secret service;

H. R. 417. An act to increase, for a limited period, the compensa-
tion and mileage of Senators, Representatives, and Delegates in Con-
gress, and the compensation of the officers of both Houses of Congress;
and

H. R. 29. Joint resolution in relation to the services of Manuel and
Rafael Armijo and Julian Tesorio.

The President pro tempore having signed the enrolled bills and
enrolled joint resolution last reported to have been examined, the}'
were delivered to the Secretary of the Senate and by him forthwith
presented to the President of the (yonfederate States for his approval.

The President pro tempore laid before the Senate a comnuuiication
from the Secretary of the Treasury in relation to the issue of regis-
tered four per cent bonds; which was read.

(h-dend^ That it be referred to the Committee on Finance.

On motion by Mr. Orr,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to whom were
referred (on the 1st instant) the nominations of J^ Horace Lacy, I. T.
Winnemore, Charles Morris, and J. M. Hanger, to be quartermasters,
with the rank of major; and Thomas W. Cowles, to be assistant quarter-
master, with the rank of captain, reported, with a recommendation that
all of said nominations be confirmed.

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

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

Mr. Wigfall, from the Committee on Militar^^ Affairs, to whom were
referred (on the 21st December last) the nominations of W. V. Thomp-
son, J. C. Gallagher, F. Clarke, Allen J. Green, J. R. McLean, and
J. C. Johnston, to ))e majors and commandants of camps of instruction,
reported, with the recommendation that all of said nominations lie upon
the table.

The Senate proceeded to consider said report; and

On motion by Mr. Wigfall,

Ordered, That thej^ lie upon the ta))le.

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

Executive Department, Confederate States of America,

Richmond, [March — ,] 1S65.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accompanying Hst to the grades affixed to their names, respectively.

JEFFERSON DAVIS.



684 JOURNAL OF THE [Mar. 9, 1865.

No. 253.] War Department, Confederate States of America,

Richmond, March 8, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Quartermasters — majors.

A. Parker, of South Carolina, to take rank from March 2, 1865.
T. H. Kellogg, of Virginia, to take rank from March 2, 1865.
I am, sir, respectfullv, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, [March — , 1865^.
To the Senate of the < 'ovfederate. Stales:

Agreeably to the recommendation of the Secretary of War, I nominate K. E.
McCulloch, of Tennessee, to be aid-de-camp, with the rank of first lieutenant in the
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 252.] War Department, Confederate States of America,

]i'ic]imo)id, March 8, 1865.

Sir: I have the honor to recommend the nomination of R. E. McCulloch, of Ten-
nessee, to be aid-de-camj), with the rank of first lieutenant in the Provisional Army
of the Confederate States of America, for duty with Brig. (len. William McComl) (an
original vacancv), to rank from February 23, 1865.
I am, sir, respe(!tfi»lly, your obedient servant,



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