Confederate States of America. Congress.

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

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Representatives for concurrence were severally read the lirst and
second times; and

Ordered, That the bill numbered 428 be referred to the Committee
on Post-Ofiices and Post-Roads; the bills numbered 429 and 430 to the
Committee on Finance, and the joint resolutions numbered 35 and 36
to the Committee on Claims.

On motion by Mr. Maxwell,

The Senate adjourned.



692 JOURNAL OF THE • [Mar. 11, 1865.

EXECUTIVE SESSION.

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

Executive Department, Confederate States op America,

Richmond, March 11, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Col. Y. M.
Moody, of Alabama, to be a brigadier-general in the Provisional Army of the Con-
federate States of America.

JEFFERSON DAVIS.

No. 255.] War Department, Confederate States of America,

Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of Col. Y. M. Moody, of Ala-
bama, to be brigadier-general in the Provisional Army of the Confederate States of
America, to command brigade, Armj^ of Northern Virginia, vice General Gracie,
killed, to rank from March 4, 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 11, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate R. A.
W^ood, of Georgia, to })e captain (for retirement, under act approved January 27,
1865) in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

War Dei'aktment, Confederate States of America,

Richmond, March S, 1865.
Sir: I have the honor to recommend the nomination of R. A. Wood, of Georgia,
to be captain ( for retirement, under act approved January 27, 1865) in the Provisional
Army of the Confederate States of America, to rank from February 14, 1865.
1 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 11, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate James P.
Cox, of Virginia, to be aid-de-camp, with the rank of first lieutenant in the Provi-
sional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 263.] War Department, Confederate States of America,

Richmond, March 9, 1865.
Sir: I have the honor to recommend the nomination of James P. Cox, of Virginia,
to l)e aid-de-camp, with the rank of first lieutenant in the Provisional Army of the
Confederate States of America, for duty with Brigadier-General Logan (an original
vacancy), to rank from March 8, 1865.

1 am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.



Mar. 11, 1865.] SENATE. 693

Executive Department, Confederate States of America,

Jiichmond, March 11, 1865.
To the Senate of the Confederate States:

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

JEFFERSON DAVIS.

No. 260.] 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:

Commissary — major.

R. N. Lowrance, of South Carolina, to be major, for duty with Kershaw's division.
Army of Northern Virginia (an original vacancy), to rank from March 4, 1865.

Assistant commissary — captain.

H. S. Reynolds, of Virginia, to be captain, report to Major Noland, chief commis-
sary of Virginia, for assignment to duty, 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.

Executive Department, Confederate States of America,

Richmond, March 11, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
nn the accompanying li.st to the grades affixed to their names, respectively.

JEFFERSON DAVIS.

No. 257.] 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 (for distinguished
valor and skill ) :

Captain.

J. W. Squyres, of Texas, to be captain Company D, Fifth Texas Cavalry Regi-
ment, vice Captain Richards, resigned, to rank from February 23, 1865.

Second lieutenant.

V. C. Dibble, of South Carolina, to be second lieutenant Company A, Fifth South
Carolina Cavalry Regiment, vice Lieutenant Smoke, deceased, to rank from March
3, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretai^ of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, March 11, 1865.
To the Sencde of the Confederate States:

.Agreeal)ly 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 D. VIS.



694 JOURNAL OF THE [Mar. 11, 1865.

No. 258.] 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:

Captains.

John W. Galloway, of North Carolina, to be captain Coast Guards (unattached),
vice Captain Galloway, sr., deceased (the ofhcers entitled to promotion waiving
claims), to rank from March 4, 1865.

M. Durham, of North Carolina, to be captain Durham's Company Senif)r Reserves,
from Orange County, N. C, vice Captain Laws, resigned (the officers entitled to pro-
motion waiving claims), to rank from March 4, 1865.
I am, sir, respectfully, your obedient .servant,

JOHN C. BRECKINRIDGE,

Secretarii of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

Richmond, March 11, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Capt. J. W.

Green, of , to be promoteti to quartermaster, with the rank of major in the

Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 259.] War Department, Confederate States of America,

Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of Capt. John W. Green, of

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

Army of the Confederate States of America, report for iluty to Major Cole, Chief i>f
Field Trans])ortation, 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.

Executive Department, Confederate St.vtes of America,

Richmond, March 11, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate J. II. Beck,

of , to be (}uartermaster, with tlu> rank of major in the Provi.^ional Army of

the Confederate States of America.

JEFFERSON DAVIS.

No. 261.] War Department, Confeder.^te States of America,

Richmond, March 8, 1865.

Sir: I have the honor to recommend the nomination of J. 11. Beck, of , to

be quartermaster, with the rank of major in the Provisional Army of the Confed-
erate States of America, for duty with Cavalry Corps, Tran8-]\lississi])pi Department,
commanded l)y Major-General Wharton, to rank from March 2, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Seiretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States op America,

Richmond, March 11, 1865.
To (lie Senate of the Confederate States:

Agreeably to the recommencLition of the Secretary of War, I hereby nominate
Maj. (ien. Stephen D. Lee, to be lieutenant-general, with temporary rank, in the Pro-
visional Army of the Confederate States.

JEFFERSON DAVIS.



Mar. 13, 1865.] SENATE. 695

No. 242.] War Department, Confederate St.\tes of America,

Ilirhmond, March 3, 1865.
Sir: I have the honor to reconunend the nomination of Maj. Gen. Stephen D.
Lee, of South Carolina, to be lieutenant-general, with temporary rank (under act
approved May 31, 1864), in the Provisional Army of the Confederate States of Amer-
ica, to rank from June 23, 1864.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretarii of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Confederate States of America,

■>• RicJimond, March 11, 1865.

To the Senate of the Confederate States:

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

JEFFERSON DAVIS.

No. 256.] War Depart.ment, 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:

First lieutenants — adjutants.

M. L. Mikell, of South Carolina, to be adjutant Nineteenth South Carolina Bat-
talion of Cavalry (an original vacancy), to rank from March 7, 1865.

A. J. Costin, of North Carolina, to be adjutant Tenth North Carolina Battalion of
Artillery (an original vacancy), to rank from March 4, 1865.

Henry C. Wade, of Virginia, to be adjutant Fifty-fourth Virginia Regiment, vice
Lieutenant Hammet, killed, to rank from February 8, 1865.

(t. C. (Ireenway, of Virginia, to be adjutant Fifty-first Virginia Regiment, vice
Lieutenant Findlay, resigned, 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 severall}^ read.

Ordered^ That the}^ be referred to the Committee on Militar\" Atfairs.

On motion b}' Mr. Maxwell,

The Senate resolved into open legislative session.

MONDAY, March 13, 1865.

OPEN SESSION.

On motion b}^ Mr. Johnson of Missouri,

Ordered^ That the Pi-esident pro tempore appoint two additional
members on the Conmiittee on Claims; and

Mr. Oldham and Mr. Watson were appointed.

Mr. Walker, from the Committee on the Judiciary, to whom was
referred the joint resolution (H. R. 31) respecting u census, 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.

Ordc^red^ That it pass to a third reading.

The said resolution was read the third time.

Resolved, That it pass.



696 JOURNAL OF THE [Mar. 13, 1865.

(h'dered., That the Secretary inform the House of Representativ^es
thereof.

Mr. Oldham, from the Committee on Post-Offices and Post-Roads,
to whom was referred the bill (H. R. 428) to authorize the Postmaster-
General to purchase United States postage stamps for certain purposes,
reported it without amendment.

The Senate proceeded, as in Conmiittee 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. Semmes, from the Committee on Finance, to whom was referred
the bill (H. R. -ti^O) to amend an act to reduce the currency" and to
authorize a new issue of notes and ])ond.s, approved Februar}^ 17, 1864,
reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the consid-
eration 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 bill pass to a third reading.

The said ))i!l was read the third time.

On the question,

Shall the bill now pass'^

It was determined in the negative, - xt ' ^ n

*^ ' ^ ^ays 11

On motion hy IVIr. Oldham,

The yeas and nays being desired l)yone-tifthof the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, (iraham. Maxwell, Orr, Semmes, and Walker.

Those Avho voted in the negative are,

Messrs. Brown, Caperton, Henry. Hunter, Johnson of Georgia, John-
son of Missouii. Oldham, Simms. Vest, Watson, tuid Wigfall.

So it Avas

Remlred, That this bill do not pass.

Order* d. That the SecretaiT inform the House of Representatives
tl!('r(M)f.

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

Mr. President: The House of Representatives have passed bills of the following
title.s; in which they reqtiopt the conciirreiu'e of the Senate:

H. R. 41S. An ad relative 1o thf iniprcssnit'nt of slave.^; and

H. R. 481. An act ior the n-lief of the otiicers and employees of the Trea-sury Note
Bureau.

And they have passed bills of the Senate of the following titles:

S. 205. An act for the relief of David Moore, Daniel Moore, and Mrs. Mary R. Alex-
ander; and

S. 224. An act to limit the issue of forage.

The bill lirst named with amendments; in which they requei-t tiie concurrence of
the St'uate.

The House of Repre.sentatives having proceeded, in pursuance of the Constitution,
to reconsider the bill (S. 194) entitled "An act to provide for promotion of officers in
certain cases," returned to the Senate by the President of the Confederate States,
with his objections, and sent by the Senate to the House of Representatives, with
the message of the President returning the bill,



Mar. 13, 1865.J SENATE. , 697

I'esolred, That the l)ill do not pass, two-thirds of the members present not voting
tlierefor.

The President of the Confederate States has notified the House of Representatives
that on the 8th instant he approved and signed the following acts:

H. R. 266. An act to amend ])ost route No. 1649, in the State of Georgia;

H. R. 395. An act to regulate the compensation of the State collector of Virginia;

H. R. 397. An act to provide for the payment of the amounts due certain officers
and privates who are prisoners of war; and

H. R. 398. An act making an appropriation for the purchase of a percussion-cap
pressing machine.

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

Mr. Semnies, from the Committee on Finance, to whom was referred
the bill (H. R. 429) making- appropriations for the support of the Gov-
ernment of the Confederate States of America from July 1 to December
31, 1805, and to supply deficiencies, 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 havino- been
agreed to, the bill was reported to the Senate and the amendments
were concurred in.

Ordered, That the amendments be eng-rossed and the bill read a third
time.

The said bill as amended was read the third time.

Remlved, That it pass with amendments.

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

The Senate proceeded to consider the motion submitted l)y Mr. Barn-
weH on Saturday last, to reconsider the vote on passing the bill (H. R.
liiO) to provide for the payment of arrears now due to the Army and
Nav}"; and

The motion was not agreed to.

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

Mr. Pre.vdeni: The President of the Confederate States, on the 9th instant, approved
and signed an act (S. 220) to increase the salary of the assistant treasurer at
Charleston, S. C.

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

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

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

I have now under consideration the act entitled "An act to diminish the numljer
of exemption.'^ and details," which has ]iassed both Houses, and was presented to nie
on Saturday, the 11 th instant.-

The act contains two provisions which would, in practice, so impair the efficiency
of the service as to counterbalance, if not outweigh, the advantages that would result
from the other clauses contained in it.

The tliird section exempts all skilled artisans and mechanics in the employment of
the (iovernment from all military service. A very important and indeed indispensa-
ble portion of our local defense troops consists of these mechanics and artisans. They
amount to many thousands in the Confederacy, and while they are and should
remain exenij)t from general service, no good cause is perceived why they should
not, like all (jther citizens capable of bearing arms, be organized for local defense
and J)e ready to defend the localities in which they are respectively employed
against sudden raids and incursions. If exemjtt from this local service, it will be
necessary to detach in many cases troops from the armies in the field to guard the
towns and workshops where they are employed. It is believed that if this provision
become a law, the gain of strength resulting from the repeal of other exemptions



698 , JOURNAL OF THE [Mar. 13, 1865.

enacted by the first section of the hiw would be more than rounterl)alanced l)y the
loss of this local force.

The second provision to which I refer is that which revokes all details and exemp-
tions heretofore granted by the President and Secretary of War, and prcjhibits the
grant of such exemptions and details hereafter. There is little hazard in saying that
such a provision could not be executed without so disorganizing the puljlic service as
to produce very injurious results. In every department of the Government, in every
branch of the service throughout the country, there are duties to be performed which
can not be discharged except by men instructed and trained in their performance.
Long experience makes them experts. Their services become, in their peculiar
sphere of duty, w'orth to the country greatly more than any they could possil)ly
render in the field. Some of them it would be impossible immediately to replace.

The Treasury exj^ert who detects a forged note at a glance; the accounting officer
whose long experience makes him a living repository of the rules and precedents
which guard the Treasury from frauds; the superintendent of the manufacturing
estal)lishments of the tiovernment which supply shoes, harness, wagons, aml)ulances,
etc., for the Army; the employees who have been spei-iallv trained in the distribu-
tion and subdivision of mail matter among the various routes by which it is to reach
its destination, are among the instances that are afforded by the daily experience of
executive officers. To withdraw from the public service at once, and without any
means of replacing them, the very limited number of experts, believed to be less
than one hundred, who are affected l)y the bill, is to throw the whole machinery of
government into confusion and disorder, at a period when none who are not engaged
in executive duties can have an adequate iciea of the difficulties by which thej' are
already embarrassed.

The desire f)f the Executive and Secretary of War to obtain for the Army the serv-
ices of every man available for the public defense can hardly be doubted; and Con-
gress may be assured that nothing but imperative public necessity could induce the
exercise of any discretion vested in them to retain men out of the Army. But no
government can be administered without vesting some discretion in executive
officers in the ap])lication of general rules to classes of the population. Individual
exceptions exist to all such rules in the very nature of things, and these exceptions
can not be provided for by legislation in advance. I earnestlj' hojie that Congress
will i)ass an amendment to the act now under consideration, in accordance witli the
foregoing recommendations, so that I may be able, by signing Ixith the act and
amendment, to secure unimpaired benefit from the proposed legislation.

JEFFERSON DAVIS.
ExKciTivK Office, Richmond, March 13, 1865.

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

I have returned, with my approval, the act entitled "An act to regulate the busi-
ness of conscription." There is, however, one section of the act which seems to me
to threaten injury to the service, unless essentially modified.

The eighth section provides that there shall be in each Congressional district "a
medical board composed of three surgeons, who, after due notice of the time and
l)lace of their meeting, shall visit each county of their district at least once in three
months, and shall examine for discharge, or recommendation for light duty, all con-
scripts who have been furloughed under the provisions of the preceding section.
Every discharge granted by said medical board shall be final, and shall relieve the
party from all military service in the future, when the disability is permanent and
the cause of it is set forth in the certificate."

It is greatly to l>e feared that under the terms of this section considerable mim-
bers of men will be finally dischargeil from military service while competent to aitl
in the defense of tiieir c-ountry. Tlie terms of the law do not require that the disa-
bility shall be lolul as well ai^ prrmaiieiit in order to entitle the soldier to his discharge.
The loss of a lindi or stiffness of a joint, or even the loss of the <lexter forefinger,
lameness, nearsightedness, partial deafness, are instances of disability, jiermaTient
but not total, and which may well exist without rendering the individual incompe-
tent to perform valuable service in posts, garrisons, or «'ven in active operations.

The miiuber of surgeons refpiired for the <luty imposed by this section would be
about 150, in addition to the local ])hysicians. We have no medical officers to spare
from attendance on the troops and "in hospitals, so that it would be necessary to
appoint this number of new officers, who wouM generally be drawn irotn men in
active service in the field. After the first visit to the different counties, these ofiicei>i
would have so little to do as to be practically supernumeraries supported by the •
Government at great cost and with the loss of tiieir .services in the field. Of the three
surgeons who are to compose the board, only two are to be i)ublic officers; so that



Mar. 13, 1865.] SENATE. 699

any resident physician of a county, in connection with a single army surgeon, would
have power by action from which there is no appeal to discharge permanently from
service any inhabitant of the county in which lie practices his profession. When we
consider the strong opposition manifested in many districts of country to the system
of conscrij)tion, and the many influences which are resorted to by those who seek to
escape service, there is nnich cause to fear that the effect of these provisions will be
to deplete our reduced forces to a serious extent, and I hope it will be the pleasure
of Congress to repeal this section or materially to modify its provisions.

JEFFERSON DAVIS.
ExECiTTivE Office, Richmond, March 13, 1865.

The messages were severally read.

Ordered^ That they be referred to the Committee on Military Aflfairs.

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

Ordered^ That the bill numbered 418 be referred to the C'ommittee
on the Judiciary and the bill numbered 431 to the Committee on
Finance.

The Senate proceeded to consider the amendments of the House of
Representatives to the l)ill (S. 205) for the relief of David Moore, Dan-
iel Moore, and Mrs. Mary R. Alexander; and

Jitso/oed^ That the}' concur therein.

Ordered., That the Secretarj^ inform the House of Representatives
thereof.

Mr. Caperton (by leave) introduced

A bill (S. 225) to amend the tenth section of the act entitled "An
act to oro^anize forces to serve during the war;"



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