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subject of impressments be appointed by the President pro tempore;
and

Mr. Graham, Mr. Barnwell, and Mr. Watson were appointed.

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

Mr. Brown sidjmitted the following resolution; which was considered
and agreed to:

Rennlred, Tliat the Committee on jMiHtary Affairs be instructed to inquire into the
))ropriety of j)n)viding l)y law for retiring from the line suih field and company offi-
cers as have or may hereafter become imtit for active service by reason of disease or
wounds, so as to open flie way for promotion to those l)elow them who remain in
the field in the actual discharge of tlieirduties; and that they further inquire whether
an officer who is absent from his command in lime of battle, unless from absolute



May 21, 1864.] . SENATE. 69

disaliility, or under orders from hig superior, or is a prisoner, ought not to be dropped;
and, further, if it is not expedient and proper to assume that an officer who is absent
for three months or more, unless he is a prisoner, is prima facie unfit for duty, or is
delinquent in the discharge of his duty, and ought therefore to be either retired or
dropped; and generally what ought to be done to get officers of superior rank, who
do not perform duty in the field, out of the way of officers of inferior grade who do
perform such duty.

Mr. Graham (b}^ leave) introduced

A bill (S. 37) to amend an act entitled "An act to impose regulations
upon the foreign commerce of the Confederate States to provide for
the public defense," approved February 6, 1864, and for other pur-
poses;

which was read the first and second times and referred to the Commit-
tee on Commerce.

The President pro tempore laid before the Senate a communication
from the Secretary of the Treasur}^ in relation to the claim of Zedekiah
McDaniel and Francis M. Ewing for sinking the enemy's gunboat
Cairo in the Yazoo River; which was referred to the Committee on
Naval Afi'airs.

Mr. Sparrow, from the Committee on Militaiy Affairs, reported

A l)ill (S. 38) for the pa3"ment of commissioners appointed under
the act entitled "An act to suspend the privilege of the writ of habeas
corpus in certain cases," and to confer certain powers upon said com-
missioners ;

which was read the first and second times and referred to the Commit-
tee on the Judiciary.

Mr. Sparrow, from the Committee on Militaiy Aflfairs, reported the
following bills:

S. 39. A bill to amend the several acts in regard to chaplains;

S. 40. A bill to amend the act to allow commissioned officers of
the Army rations and the privilege of purchasing clothing from the
Quartermaster's Department, approved 17th February, 1864; and

S. 41. A bill to provide for the appointment of a disbursing clerk
in the War Department;

which were severally read the first and second times and considered
as in Committee of the Whole; and no amendment being proposed,
they were severally reported to the Senate.

Ordered., That they be engrossed and read a third time.

The said l)ills were severall}^ read the third time.

Resolved., That they pass, and that their titles, respectively, be as
aforesaid.

Ordered., That the Secretary request the concurrence of tlu^. House
of Representatives therein.

On motion by Mr. Burnett,

Ordered, That the memorial of Wellington Goddin be referred to
the Committee on Claims.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 14) to amend an act entitled "An act to
provide an invalid corps," approved 17th February, 1864; 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.



70 JOURNAL OF THE [May 21, 1864.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 30) to provide for the impressment of the
railroad iron, equipments, and rolling stock of railroads when the same
shall become necessary for the public defense, and to make further
provisions for the efficient transportation of troops and military sup-
plies; and

On motion by Mr. Hill,

Ordered^ That it be referred to the Joint Committee on Impress-
ments.

Mr. Oldham, from the Committee on Commerce, to whom was
referred the ])ill (S. BO) to amend an act to impose regulations upon
the foreign commerce of the Confederate States to provide for tlie
pu])lic (h'fense, approved February 6, 1864, reported it without
amendment.

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

On motion by Mr. Walker,

Ordered., That it be reconnnitted to the Connnittee on Commerce.

Mr. Jemison (by leave) introduced

A bill (S. 42) to legalize the organization of eight companies of
cadets in the State of Alabama;

which was read the lirstand second times and referred to the Commit-
tee on Military Affairs.

The Senate pi-oceeded, as in Committee of the Whole, to the con-
sideration of the bill (S. 20) to establish a bureau of foreign supplies.

On the question to agree to the following reported amendment, viz:
Strike out all after the enacting clause and insert:

That for the purpose of exporting cotton and other produce to supply, by no
imports, the military and other necessities of the Government during the ooniinu-
ance of tiie war with the United States, an independent bureau of the War Depart-
ment be establisiu'il, lo In* entitled "The I'ureau of Foreign Supplies."

Six-. '1. That the said bureau shall be charged with tiie innvhase of cotton and
other jyroduce for export, and witli the sale of the same, and with all the duties and
exi>en(litures connected with the ])urchase and import of munitions of war and such
other supplies as may be required by tiie several Departmi'iits of the Government.

Sec. 3. That all steamers now owned l)y any of the Dejiartments of the Govern-
ment, and used to supply their necessities from abroad, may lie continued in that
use, but shall be turned over to the Navy Department, to be officered, manned,
ecjuipped, and sailed, under direction of the Secretary of the Navy.

Sec 4. That the chief of this bureau shall, under the Si'cretary of War, have hill
power to inirchase and contract for such vessels and steamers, to i)e owned wholly or
in part by the (iovernment, as may be necesi^ary for the' discharge of the duties
imposed upon the bureau, and to olitain the general ol)jects of its establishment, as
set forth in the first section of this act: Provided, That in the i)urchase of such ves-
sels the chief of saiil liureau shall lie guided by an officer of the Navy, and that
all vessels in which the (Tovernment has a controlling interest may be delivered to
the Secretary of the Navy, to be officered, manned, equipped, and sailed under his
direction.

Sec. 5. That all permits or licenses for the exportation of cotton or other
domestic produce on private account that may be authorized by the act of Congress
entitled "An act to impose regulations upon the fortign commerce of the Confederate
States to provide for the public defense" shall be i.ssued from this bureau, under such
regulations as may be prescribe<l in the sai<l act or under any authority granted
therein to the rresident, tlu> Secretary of War, or other Department, and under such
conditions as may be effectual to si'cure the fullillmeiit of the objects of the present
act: Vruruled, Tluit nothing in the ])re.>^ent act shall be construed to affect theexi)ort
of any cotton or otlur jiioducc under the control of the Treasury or other Depart-
ment to secure any of flie bonds or obligations of the Confederate Statt>s.

Sec fi. That tlie said bureau shall cause to be paid into the Treasury all moneys



May21, 18G4.] SENATE. 7l

that may accrue from the sales of cotton and other produce tliat may be disi)osed of
under its authority, and that the proceeds shall be apportioned among the several
Departments, under instructions of the President, and be drawn for as in other cases
of appro])riations.

Sec. 7. That the said bureau shall consist of one colonel and one lieutenant-
colonel, with the X)ay and allowances of officers of artillery, who may be appointed
from civil life, and shall be men of commercial experience and capacity, and such
inferior officers as may be assigned to that duty, with such agents and clerks as may
be deemed necessary by the President, whose compensation shall be fixed by the
Secretary of War.

Sec. 8. That the chief of said liureau may appoint suitable purchasing agents of
known integrity and business capacity, who shall be charged with the purchase
of cotton and other produce and the transportation of the same to points for ship-
ment, under regulations to be prescribed by the chief of said bureau, under the
approval of the President and Secretary of War. Each of said agents shall, before
entering upon his duties, give bond, w'ith good and sufficient security, to be approved
by the chief of said bureau, conditioned for the faithful performance of his duty, and
shall also take and sul)scribe an oath before some officer authorized ]jy law to
administer the same tliat he will not, directly or indirectly, be engaged in the pur-
chase or sale, on private account, for himself or any other person, of any cotton or
other produce appertaining to his said agency while so employed as agent of
the Government.

Sec. 9. That any officer or agent connected with said bureau who shall l:ie guilty
of buying or selling, directly or indirectly, on private account, for himself or any
other person, any cotton or other produce of which said bureau is charged with the
purchase, shall, upon conviction before any court of the Confederate States having
jurisdiction, l)e fined by the court in a sum not exceeding dollars, and be

imprisoned for a term not less than nor more than years.

Sec. 10. That there shall be established an agency of said bureau, and auxiliary
thereto, for the States west of the Mississippi River, the officers of which shall con-
sist of one lieutenant-colonel of artillery, who may be appointed from civil life, and
shall be a man of commercial experience and capacity, and such inferior officers as
may be assigned to that duty, with such agents as may be deemed necessary by the
President, whose compensation shall be fixed by the Secretary of War. Said agency
shall establish its office at such place in the States west of the ^Mississippi River as
may be selected by the chief officer thereof, and shall be charged with the purchase
and exportation of cotton and other produce, and the importation of munitions of
war and other supplies for the Aruiy of the Trans-Mississippi Department, and such
other supplies as may be needed by the Government, or any of its Departments in
said military department.

Sec. 11. Such agency, and the chief officer thereof, shall possess like power and
duties for the States west of the IVIississippi River as are conferred by this act upon
said bureau and the chief officer thereof, but subordinate and sul>ject to said bureau.

Sec. 12. That the purchasing agents west of the Mississippi River shall take the
oath and give liond as provided in the eighth section of this act; and the officers and
agents shall be subject to the penalties prescribed by the ninth section, if found
guilty of the offense therein specified.

Sec 13. That the said agency shall have power to establish such interior depots
for the receipt of cotton and other produce intended for exportation into or through
Mexico, as may be deemed necessary and proper, and may also prescrilie rules and
regulations forgranting permits to individuals to transport cotton or other pro<luce
to said depots, as well as seaports, and may impose such terms and conditions bene-
ficial to the Government, as a consideration for such permits, as may be deemed just
and proper.

Sec 14. That the business of the cotton bureau established under a special order
of Lieutenant-General E. Kirby Smith, conmianding the Trans-Mississippi Depart-
ment, be, and the same is hereby, transferred to the said agency of the said Inn-eau
west of the Mississippi River, and the operations and transactions of said bureau,
established as aforesaid, not inconsistent with the provisions of this act, are hereby
ratified and confirmed.

On motion l)y Mr. Mitchel, to amend the reported amendment t)y
inserting- after '"'life," section 7, line 3, the words " by the President,
by and with the advice and consent of the Senate,"

It was determined in the affirmative.



72 JOUENAL OF THE [May 21, 1864.

On motion by Mr. Oldham, to amend the reported amendment ]>3'
inserting- after "exceeding," section 9, line 7, the words "live thou-
sand," and by inserting after "less than," in the eighth line of the
same section, the word "one," and by inserting after "more than," in
the same line, the word "five,"

It was determined in the affirmative.

On motion by Mr. Mitchel, to amend the reported amendment by
inserting after "life," section 10, line 4, the words "by the Presi-
dent, by and with the advice and consent of the Senate,"

It was determined in the affirmative.

The reported amendment as amended was then agreed to.

No further amendment being made, the bill was reported to the Sen-
ate and the amendment was concurred in.

Ordered^ That the l)ill be engrossed and read a third time.

The said bill was read the third time.

Resohx'd^ That it pass, and that the title thereof be as aforesaid.

Ordered^ That the Secretary request the concurrence of the House
of Representatives therein.

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

Mr. Pirsident: I am directed to communicate to the Senate information of the death
of the Hon. David M. Ciirrin, a meml)er-elect of tlie House of Representatives from
the Stiite of Tennessee, and the proceedings of the House of Representatives thereon.

Mr. Henry submitted the following resolutions; which were con-
sidered and agreed to:

Resohrd, That tlie Senate receives with sincere regret the announcement of tiie
death of tlie Honorable David M. Currin, late a member-elect of the House of Repre-
sentatives from the State of Tennessee, and tenders to the family of the deceased
the assurance of their sympathy with them under the bereavement they have been
called to sustain.

Resolved, That the Secretary of the Senate be directetl to transmit to the family of
Mr. Currin a certified copy of the foregoing resolution.

Resolved (as a mark of respect for the memory of the deceased). That the Senate
do now adjourn.

Whereupon,

The Senate adjourned.

EXECUTIVE SESSION.

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

Executive Dei'Aht.ment, Richmond, May 31, ISG4.
To the Sennle of the Confederate States:

Agreeably to tiie recommendation of the Secretiiry of War, I nominate the officers
in the accompanying list to the rank of brigadier-general in the Provisional Army of
the Confederate States.

.JEFFERSON DAVIS.

War Department, Richmond, May 21, IS64.
Sir: 1 have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Brigadier-gen erals.

Col. .Tohn AFcCausland, of Virginia, to be brigadier-general (to continue in com-
mand of the brigade, now acting under him as colonel), to take rank from Mav 18,
1864.



May 23, 1864.] SENATE. 73

Col. Thomas M. Scott, of Louisiana, to be brigadier-general, to command brigade
of infantry in Loring's division, lately under command of Brig. Gen. A. Buford, to
take rank from May 10, 186-4.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The message was read.

Ordered., That it l)e referred to the Committee on Militarj^ Affairs.

Mr. Oldham, from the Committee on Commerce, to whom was
referred on yesterday the nomination of James R. Sneed, to be the
collector for the port of Savannah, Ga. , reported, with the recommen-
dation that said nomination be confirmed.

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

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

On motion by Mr. Baker,

Ordered., That the Committee on Public Buildings be discharged
from the further consideration of the resolution submitted by Mr.
Brown on yesterda}^ inquiring whether this Chamber is so situated in
reference to the surrounding rooms, halls, and passages that persons
outside can not hear what is said when the doors are closed and the
Senate in secret session.

Mr. Orr, from the Committee on Foreign Affairs, to whom was
referred (on the 18th instant) the nomination of P. N. L3^nch, to be
special commissioner of the Confederate States to the States of the
Church, reported, with the recommendation that said nomination be
confirmed.

The Senate proceeded to consider said report; and

After debate.

On motion by Mr, Hunter,

The Senate resolved into open legislative session.

MONDAY, May 23, 1864.

OPEN SESSION.

On motion by Mr. Hill,

Ordered., That the Hon. Herschel V. Johnson have leave of absence
from the sessions of the Senate during the remainder of the present
session.

Mr. Sparrow presented the memorial of J. S. Thrasher, praying
the i^assage of an act allowing the proper ofiicers of the Government
to sell to reporters for the press supplies of food and forage; which
was referred to the Committee on Military Affairs.

Mr. Sparrow submitted the following resolution for consideration:

Resolved, That the Committee on the Judiciary be instructed to incjuire into the
expediency of reporting a bill for the suspension of the writ of habeas corpus after
the expiration of the present law, and of providing by said bill that the said suspen-
sion shall continue until the clo.se of the next session of Congress.

The Senate proceeded to consider the said resolution; and
On motion by Mr. Graham,



74 JOUENAL OF THE [May 23, 1864.

Ordered^ That the further consideration thereof be postponed until
to-morrow.

Mr. Semmes (by leave) introduced

A bill (S. 48) to regulate the pa 3" of a general assigned to dut}^ at the
seat of government under the provisions of the act approved March
25, 1862;

which was read the first and second times and referred to the Commit-
tee on Militar}^ Affairs.

Mr, Orr presented the memorial of John P. King and others, pra}"-
ing the passage of an act ]:)lacing railroad interests on an equal footing
with other loading interests of the countr\'; which was referred to the
Committee on P^'inance.

Mr. Oldham, from the Committee on Commerce, to whom was
reconmiittcd the l)ill (S. 30) to amend an act to impose regulations
upon the foreign commerce of the Confederate States to provide for
the public defense, approved F'ebruary 6, 1864, reported it Avithout
amendment.

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

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.

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

Mr. Presifh'ul: The Houne of Representatives have passed a joint resolution (H. R.
7) to jtrevent restrictions upon the ri<];ht of nienihers of Congress to visit sick and
wounded oHicers and soldiers in hosj>it4\ls; in which they reipiest 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 sig-
nature of their President.

Mr. Ma.wviMl. from the Committee on Commerce, to whom was
referred the bill (S. 37) to amend an act entitled "An act to impose
regulations upon the foreign commerce of the Confederate States to
provide for the public defense," approved February 6, 1864, and for
other purposes, reported it with an amendment.

The StMiate proceeded, as in Committee of the Whole, to the consid-
eration of the said bill.

On the ({uestion to agree to the following reported amendment, viz:
After the word "exportation," *in the twenty-fourth line, insert the
following proviso:

Provided, That this exception in favor of such parties shall only apply to cases where
the joint interest with the State existed at the date of the passage of the acts aforesaid.

On motion by Mr. ]\Iaxwell, to amend the amendment by inserting
after " interest "' the words "or the charter,"

It was cl(d(>rmined in the affirmative.

'I'he amendment as amended was then agreed to.

On motion by Mr. Oldham, to amend the bill by striking there-
from the words

and by no regulations imposed as aforesaid, shall th(> other parties in said companies
])e restricted to the use of less than one-half of the whole of the caj^acity or cargo of
such ship, vessel, or steamer, in iinjxirtution or exportation: Prurided, That this



May 23, 1864.] SENATE. 75

exception in favor of such parties shall only apply to cases where the joint interest
or the charter with the State existed at the date of the passage of the acts aforesaid,
any clause or provision of either of the acts aforesaid to the contrary notwithstanding,

It was determined in the affirmative.

On motion b\^ Mr. Semmes, to amend the ])ill by strikino- therefrom
the words ''and also of the act to prohibit the importation of luxuries,
or of articles not necessaries or of common use, approved Februar}^
sixth, eighteen hundred and sixty -four,"

It was determined in the negative.

On motion bj^ Mr. Walker, to amend the l)ill liy adding thereto the
following proviso:

Provided, That nothing herein contained shall authorize the importation of articles
the importation of which is prohibited by the act to prohibit the importation of
luxuries, or of articles not necessaries or of common use, approved February sixth,
eighteen hundred and sixty-four, unless the same be for the use or on account of the
States,

It was determined in the affirmative.

No further amendment being uiade, the l)ill was reported to the
Senate and the amendments were concurred in.
On the question,
Shall the bill be engrossed and read a third time?

It was determined in the affirmative, \ -^ ''^_^ q

On motion by Mr. Semmes,

The yeas and na3^s being desired b}^ one-tifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Burnett, Caperton, Dortch, Graham, Henry, Max-
well, Mitchel, Oldham, Orr, Simms, Walker, and Watson.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Hill, Hunter, Jemison, Johnson of Mis-
souri, Semmes, Sparrow, and Wigfall.

So it was

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

The said bill was read the third time.

Besolved., That it pass, and that the title thereof l)e as aforesaid.

OrdeTed^ That the Secretary request tlic concurrence of the House
of Representatives therein.

The President pro tempore laid before the Senate a comunmication
from the Secretar}^ of the Treasur}^ recommending certain changes
in the impressment laws; which was read.

Ordered^ That it be referred to the Committee on Finance.

The joint resolution (H. R. 7) to prevent restrictions upon the right
of members of Congress to visit sick and wounded officers and soldiers
in hospitals ^vas read the tirst and second times and referred to tlie
Committee on Military Affairs.

j\Ir. Dortch, from the committee, reported that they had examiiuHl
and found truly enrolled bills and joint resolutions of the following
titles:

S. 5. An act to provide passports for Senators and Representatives
in Congress when traveling in the Confederate States;

S. 11. An act to extend the franking privilege;

S. 3. Joint resolution of thanks to Missouri officers and soldiers in
the Confederate service east of the Mississippi River;

H. R. 2. An act to provide for the redemption of the old issue of
Treasury notes held by certain Indian tribes;



76 JOURNAL OF THE [May 23, 1864.

H. R. 30. An act to authorize the appointment of commissaries for
regiments of cavalry;

H. R. 68. An act to exempt railroad companies from the payment



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