Confederate States of America. Congress.

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

. (page 87 of 104)
Online LibraryConfederate States of America. CongressJournal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) → online text (page 87 of 104)
Font size
QR-code for this ebook


JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc. ,

Executive Department, Confederate States of America,

Rirhmonil, [March — , 1865'^.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate ("apt. J. H.

Franklin, of , to be promoted to (|uarterma.ster, with the rank of major in the

Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 251.] War Department, Confederate States of America,

RicJunond, March 8, 1865.
Sir: I have the honor to recommend the nomination of Capt. J. H. Franklin, of

, to be promoted to cjuartermaster, with the rank of major in the Provisional

Army of the Confederate States of America, for duty with artillery. First Corps,
Army of Northern Virginia (an original vacancy), to rank from March 2, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The mo.«:sftg^es wero severally read; and

The Senate proceeded to consider the nominations (recciv^ed this daj'
from the President) of A. Parker, T. II. Kelloocr. tuid J. II. Frank-
lin, to ))e(iuartermasters, with the rank of major; and R. H McCulloch,
to be aid-de-camp, with the rank of tirst li(!utenant; and it M'as

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



Mar. 10, 1Sfi5.] SENATE. 685

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

Executive Department, Confederate States ok America,

Bichinond, March 9, I860.
To the Senate of the Confederate Statex:

Aj^reeaV)!}' to the recommendation of the Secretary of War, I nominate R. C. Win-
tersinith, of Kentucky, to be a commissary, with the rank of major in the Provi-
sional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 254.] War Department, Confederate States op America,

Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of R. C. Wintersmith, of
Kentucky, to be a conmiissary, with the rank of major in the Provisional Army of
the Confederate States of America, report for duty to the Commissary-General, to
rank from March 3, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read; and

The Senate proceeded to consider the nomination (received this day
from the President) of R. C. Wintersmith, to be commissary, with the
rank of major; and it was

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

On motion b}" Mr. Maxwell,

The Senate resolved into open legislative session,

FRIDAY, March 10, 1865.

OPEN SESSION.

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

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

H. R. 324. An act to authorize the appointment of certain tax officers for the
Trans-Mississippi Department;

H. R. 341. An act requiring suit to be brought against persons connected with the
Cotton Bureau and Cotton Office in the Trans-Mississippi Department;

H. R. 424. An act for furnishing bagging and rope for the jjacking of tithe cotton;
and

H. R. 425. An act to authorize the settlement of the claim of the State of North
Carolina for expenses incurred in executing the acts of Congress to further provide
fori the jniblic defense, and to organize forces to serve during the war.

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

S. 217. An act in relation to printing and binding, in pamphlet form, the acts,
resolutions, and treaties adopted at each session of Congress;

S. 223. An act for the relief of the Exchange Bank of Virginia; and

S. 37. Joint resolution of thanks to Lieut. Gen. Wade Hampton.

And they have passed a resolution extending the time for the adjournment of tlie
present session of Congress; in which they request the concurrence of the Senate.

The House of Representatives recede from their amendment, disagreed to by the
Senate, to tlie bill (S. 199) to change the time for the assembling of Congress for its
next regular session.

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



686 JOUENAL OF THE [Mar. 11, 1865.

Ordered^ That the bills numbered 324, 424, and 425 be referred to
the Committee on Finance and the bill numbered 341 to the Com-
mittee on the fludiciaiy.

Mr. Johnson of Missouri (b)' leave) introduced

A bill (S. 224) to limit the issue of forage;
which was read the iirst and second times and referred to the Com-
mittee on Militar}^ Affairs.

On motion by Mr. Burnett,

The Senate adjourned.

SATURDAY, March It, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have agreed to the amendments of
the Senate to bills and a joint resoUition of tlie following titles:

H. R. 405. An act to estalilish certain post routes therein named;

H. R. 406. An act to amend the acts to regulate the assessment and collection of
taxes in kind;

H. R. 4111 An act to amend the sequestration laws; and

H. R. 30. Joint resolution expres.sing the sense of Congress on the subject of the
late peace commission.

Tiie President of the Confederate States has notified the House of Representatives
that on the tith instant he approved and signed the following acts:

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

II. R. 3SV). An act to amend an act to authorize the appointment of assistants to
the Register in signing bonds and certificates, approved Feliruary 14, 1863; and

II. R. 399. An act to authorize the Secretary of War to purchase a percussion -cap
jiressing machine.

The Senate proceeded to consider the resolution of the House of
Representatives extending the time for the adjournment of the present
session of Congress; and

The resolution was agreed to.

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

Mr. Capcrton, from the committee, I'eported that they had examined
and found trulv enrolled bills and joint resolutions of the following
titles:

S. 166. An act to amend an act entitled "An act to provide and
organize a general staff for armies in the field, to serve during the war,"
ai)proved June 14, 1864;

S. 219. An act to regulate the payment of clerks employed at the
])ost-<)IKce in the cities of Richmond and Petersburg;

S. 221. An act for the relief of maimed soldiers;

H. R. 350. An act to diminish the number of (>xenn)tions and dettiils;

H. R. 415. An act making an approjjriation to supply a delicicncy
in th(^ War Department during the tiscai period ending December 31,
1S(;4;

H. R. 22. Joint resolution in regard to the Cotton Bureau and cotton
transactions in the Trans-Mississipyji Department; and

H. R. 34. Joint resolution for the relief of Alexander F. Kituiey,
Confederate States depositary at Staunton, Va..

The Pr(>sident pro tempore having signed the enrolled bills and
enrolled joint resolutions last reported to have been exaniin(>d, they
wei'c deli\('n'(l to the Secretary of the Senate and by him forlhwill'
l)rcs('ntc(l to the President of the Confederate States for his apiJroNal.



Mar. 11,1805.] SENATE. 687

Mr. Semmes, from the Couunittce on Finance, to whom were referred
the bill (H. II, 824) to authorize the appointment of certain tax officers
for the Trans-Mi.ssissippi Department, and the bill (II. R. 42-1) for
furnishing bagg-ing- and rope for the packing of tithe cotton, reported
them severally, without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bills; and no amendment being proposed, the}^
were severally reported to the Senate.

Ordered., That they pass to a third i-eading.

The said bills were severall}^ read the third time.

Resolved, That they pass.

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

Mr, Graham, from the Committee on Finance, to whom was referred
the bill (H. R. 425) to authorize the settlement of the claim of the
State of North Carolina for expenses incurred in executing the acts
of Congress to further provide for the public defense, and to organize
forces to serve during the war, 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.

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, 224) to limit the issue of forage, reported it with-
out amendment.

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

On motion 1)}^ Mr. Wigfall,

Ordered, That the Committee on Military Affairs be discharged
from the further consideration of the joint resolution (S. 88) in rela-
tion to paying exchanged or paroled officers and soldiei-s.

The Senate resumed the reconsideration of the bill (S. ]94) to pro-
vide for promotion of officers in certain cases, returned by the Presi-
dent of tlie Confederate States w4th his objections; and

On the (juestion,

Shall this bill pass, the objections of the President to the contrary
notwithstanding %

It was determined in the affirmative, - ^.t

' ( JNays , i)

The vote having been taken by yeas and nays, conformably to the
Constitution,

Those w^ho voted in the affirmative are,

Messrs. Brown, Caperton, Graham, Henry, Hunter, Johnson of
Georgia, Johnson of Missouri, Orr, Semmes, Vest, and Wigfall.



688 JOURNAL OF THE [Mar. 11, 1866.

Those who voted in the negative are,

Messrs. Barnwell, Maxwell, Oldham, Simnis, and Watson.

So it was

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

On motion by Mr. Graham,

Ordered, That the Secretary communicate the said l)ill, the message
of the President returning the same, wuth his objections, to the Senate,
and the proceedings of the Senate thereon, to the House of Repre-
sentatives.

The bill (H. R. 421) for the relief of the Exchange Bank of Vir-
ginia, at Norfolk, was read the first and second times and referred to
the Committee on Finance.

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. 420) to provide for the pa3'ment of arrears now due to
the Army and Navy, reported it without amendment.

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

On motion by Mr. Semmes, to amend the bill by striking out "shall,"
section 1, line 8, and inserting "may, if in his opinion the exigencies
of the service require it,"

It was determined in the negative, \ ^ f n

On motion by Mr. Semmes,

The yeas and nays being desired l)y one-Hfth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Grahauj, Hunter, Johnson of Missouri, Orr,
Senunes, and Vest.

Those who voted in the negative are,

Messrs. Caperton, Hcnrv, Maxwell, Simms, Walker, Watson, and
Wigfall.

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

Ordered, That it pass to a third reading.

The said bill was read the third time.

On the (juestion.

Shall the bill now pass?

It was determined in the affirmative, ^ xt ^^ t

( Nays o

On motion by Mr. Semmes,

The yeas and nays being desired 1)V one-Hfth of the Senators present,

Those who voted in the aHirniative are,

Messrs. Caperton, (Jrahain. Henrv, Hunter, ^laxwell, Sinuns,
Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Johnson of Missouri, Orr, Semmes, and Vest.

So it was

Resolved, That this bill pass.

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

The following message was received from the President of the Con-
federate States, l)y Mr. B. N. Harrison, his Secretarj^:

To the Senate of the < 'oiifederale Slatei^ of America:

The act entitled "An act to abolisli the office of certain (inarterniaisters and as.«istant
quartermasters, conimiysaries and assistant coininissaries, and to i)rovide for the



Mar. 11, 1S65.] SENATE. 689

appointment of ))on(le<l agents in said departments," which originated in your hon-
orable body, is lierewitli returned without my approval, and with a statement of the
objections which have prevented my signing it.

The act abolishes the othce of all quartermasters and assistant (juartermasters, com-
missaries and assistant commissaries, at posts and depots, and of those engaged in
purchasing and impressing supplies, except such as are above the age of forty-tive
years, or have been disabled in service, or declared Unfit for duty in the field. It
requires those ofHi-ers to be dropped from service, one-fourth in two months, one-
fourth in four months, one-fourth in six months, and one-fourth within two years,
and directs that their places be supplied by bonded agents, who are to be persons
above the age of forty-tive years, or disabled in service, or unfit for duty in the field,
and it revokes all details and repeals all authority to grant details of persons
between the ages of eighteen and forty-five years for duty in Quartermaster's and Com-
missary Departments, except skilled artisans and mechanics permanently employed,
or persons disabled or unfit for duty in the field.

The object plainly intended l)y this act is one which meets my hearty concurrence
and approval. Its obvious purpose is to strengthen the Army by placing in the
ranks persons fit for active service and whose places can be supplied by others unable
to do duty in the field. On reference of the subject, however, to the Secretary of
War, it has been found that this act could not be executed without seriously impair-
ing our ability to supply the armies in the field during the approaching campaign,
and that its o]>eration would be to drop officers who have been carefully selected by
reason of their superior cajiacity and qualifications, while retaining others of inferior
merit and value.

The difficulty of furnishing supplies to the Army, owing to embarrassments in
transportation, is greater now than it has been at any previous period of the war.
This difficulty has prompted the selection for that duty of the best and most active
and competent officers in the Quartermaster's and Commissary Departments, and
such officers have, within the last six months, been, in many instances, witlidrawn
from the armies where their services were less important and assigned to duty in
purchasing, collecting, and forwarding supplies. This fact was, I feel confident, not
known to Congress when the act was framed, and it could not have been intended to
drop from service officers of special merit and retain others of inferior value.

I am also satisfied, from the report made to me by the Secretary of War, that the
nund)er of officers who would l)e droj^ped under the provisions of this law is far less
than is supposed; that their value as soldiers in the ranks would in no measure com-
pensate for the loss of their services in their present position.

The total nund:)er of post and purchasing commissaries in tlie States east of the
Mississippi River is but 212, of whom many are either over forty-five years of age, or
otherwise exempt from the operations of the proposed law.

The total number of quartermasters collecting tax in kind is 96, and on post duty,
223, including officers in charge of manufactures of clothing, shoes, harness, wagons,
ambulances, etc. A number of them are over forty-five years of age, others would
not be embraced by the terms of the act; others, still, have special qualifications
for the superintendence of the important manufactures confided to their care.

Taken altogether, it is doubted wiiether the officers who would be dropped
under the provisions of the bill would exceed 200 in number, of whom 50 would go
into the ranks in two months, 50 in four months, and 50 more in six months. This
scarcely appreciable addition to the force in the field would be dearly bought at the
sacrifice of efficiency in the two branches of service on which the very existence of the
Army depends.

The terms of the act exempt from its operation those now on duty in the field, so
tliat if it becomes a law, it would not even be possible to avert the loss of the best
officers by returning them to duty in the field and dropping others of inferior merit.
The Secretary of War is left without discretion or choice in the matter.

The heads of the two branches of service affected by this act apprehend great
embarrassment to their respective departments if it becomes a law. The machinery
now organized would be impeded in its working everywhere, and in some instances
positively interruj)ted, just at the opening of this most important campaign. Valu-
able and experienced officers would be withdrawn from sei'vice. Chief commis-
saries, long accustomed to control operations in an entire Stnte, tiuartermasters
thoroughly informed as to the resources of their respective fields of duty, would, at
short intervals, be dropped; and the heads of these bureaus wouhl be embarrassed
with the difficult duty, in the midst of an active campaign, of supplying their places
with inexperienced and untried successors.

The representations made to me on the subjects embraced in this act by those
under whose immediate superintendence its provisions would be executed, together

c .1 — VOL 4 — 04 44



690 JOURNAL OF THE [Mar. 11, 1865.

with my own daily experience of the difhcnlties attendant on the efficient discliarge
of the duties of these two indispensable branches of the service, have created appre-
hensions of injurious effects from the passage of the act too serious to permit my
approving it.

JEFFERSON DAVIS.
Executive Office, Richmond, March 11, 1865.

The message was read,

The Senate proceeded to reconsider the bill (S. 169) returned hy
the President with his objections; which bill is in the following words:

An act to abolish the office of certain quartermasters and assistant quartermasters, commLssaries and
assistant commissaries, and to provide for the appointment of bonded agents in said departments.

The Congress of the Confederate States of America do enact. That the office of all
quartermasters aiid assistant quartermasters, commissaries and assistant commissaries,
on duty at posts and depots, tho.se engaged in purchasing and impressing supplies,
be, and the same is hereby, abolished.

Sec. 2. That the officers holding these offices shall be dropped from the service in
the following manner: One-fourth in two months after the passage of this act, one-
fourth in four months, one-fourth in six months, and one-fourth within two years:
Provided, That their places can not sooner be filled, as hereinafter provided.

Sec. 3. Tliat nothing in this act shall apply to quartermasters and commissaries
who are now on duty with armies in the field, or to officers now on duty in the city
of Richmond, in the offices of the Quartermaster-General and Commissary-General,
or to officers above the age of forty-five years, or who have been disabled in the serv-
ice or declared unfit for duty in the field.

Sec. 4. That the President shall appoint as many agents, who shall execute liond,
payable to the Confederate States, with sufficient security for the faithful ])erform-
ance of their duty, with such penalty as shall be prescribed by the Secretary of War,
as may l)e necessary to the etHcieiicy of those <lepartments, and that their compensa-
tion shall not exceed that now allowed (]uarterniasters and commissaries for similar
duties: Provided, Sai<l agents shall be appointed from jiersons above the age of forty-
five years, or from persons who have been disabled in the service or found unfit for
duty in the field.

Sec. 5. That all officers whose offices are abolished, and who sliall be dropped
from the service by the provisions of this act, shall have the right to volunteer, within
thirty days, in any arm of the service, from tlu'ir respective States, said time to run
from the date of their being dropped from the service.

Sec. 0. That all authority to detail persons bet ween the ages of eighteen and forty-five
years for duty in the Quartermaster's and Cocnmissary Departments is hereby
repealed, and all details heretofore granted in these departments are hereby revoked —
except as to skilled artisans and mechanics permanently employed in said depart-
ments — unless they are persons who have been disabled in the service or declared
unfit for duty in the field.

Sec 7. That the provisions of this act shall be enforced under general regulations
to be prescribed bv the Secretarv of War.

TH. S. BOCOCK,
Speaker of the House of Rrpresentatives.
R. M. T. HUNTER,
President pro tempore of the Senate.

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

JAMES H. NASH,

Secretary.

On motion by ]\[r. Brown,

Ordered^ That the further consideration of the bill be postponed to
and made the special order for Monday next, at 12 o'clock.

On motion ])y Mr. Barnwoll. that the vote on passing the bill (H.
li. 420) to provide for the payment of arrears now due to the Army
and Navy be reconsidered,

On motion by Mr. Barnwell,

Ordered^ That the further consideration thereof be postponed until
Monday next.

On motion l)y Air. Hunter,

The Senate resolved into exe utive session.



Mar. 11, 1865.] SENATE. 691

The doors having been opened,

Mr. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. tt21) for the relief of the Exchange Bank of Virginia,
at Norfolk, reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and the reported amendment having been
agreed to, the bill was 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 as amended was read the third time.

Besolved^ 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. 419) to amend an act providing for the establishment
and payment of claims for a certain description of property taken or
informally impressed for the use of the Army, approved llrth June,
1804, reported it with the recommendation that it ought not to pass.

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 Secretary inform the House of Representatives
thereof.

On motion b}^ Mr. Brown,

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

8 o'clock p. m.

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

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

H. R. 428. An act to authorize the Postmaster-General to purchase United States
postage stamps for certain purposes;

H. R. 429. An act making appropriations for the support of the Government of the
Confederate States of America from July 1 to December 31, 1865, and to supply
deficiencies;

H. R. 430. An act to amend an act to reduce the currency and to authorize a new
issue of notes and bonds, approved February 17, 1864;

H. R. 35. Joint resolution for the relief of Stephen B. Marshall, jr., tax collector
of Putnam County, Ga. ; and

H. R. 36. Joint resolution for the relief of William C. Hagan.

The bills and joint resolutions received this day from the House of



Online LibraryConfederate States of America. CongressJournal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) → online text (page 87 of 104)