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

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could cease, were those stated in his message of December last, in which we were
informed that in the event of our penitent submission, he would temper justice with
mercy, and that the questipn whether we would be governed as dependent terri-
tories, or permitted to have a representation in their Congress, was one on which he
could promise nothing, but which would be decided by their Congress after our
submission had been accepted.

It has not, however, been hitherto stated to you, that in the course of the con-
fnrence at Fortress Monroe, a suggestion was made by one of our commissioners that
the objection entertained by Mr. Lincoln to treating with the Government of the
Confederacy, or with any separate State, might be avoided, by substituting for the
usual mode of negotiating through commissioners or other diplomatic agents,
the method sometimes employed, of a military convention, to be entered into by
the commanding generals of the armies of the two belligerents. This he admitted
was a power ]io.«sessed by him, though it was not thought commensurate with all the
questions involved. As he did not accept the suggestion when made, he was after-
wards requested to reconsider his conclusion upon the subject of a- suspension of
hostilities, which he agreed to do, but said that he had maturely considered of the
plan, and had determined that it could not be done.

Subsequently, however, an interview with General Longstreet was asked for by

V .J — VOL 4 — 04 45



706 JOURNAL OF THE [Mar. 13, 1865.

General Ord, commanding the enemy's Army of the James, during which General
Longstreet was informed by him that there was a possibility of arriving at a satis-
fa(;tory adjustment of the present unhapjiy diffieulties, l>y means of a military con-
vention; and that if (jeneral Lee desired an interview on the subject, 't would not
be declined, provided General Lee had authority to act. This communication was
supposed to be the consequence of the suggestion above referred to, and General
Lee, according to instructions, wrote to General Grant on the 2d of this month,
proposing to meet him for conference on the subject, and stating that he was vested
with the requisite authority. General (Trant's reply stated that he had no authority
to accede to the proposed conference; that his power extende<l only to making a
convention on subjects purely of a military character, and that General Ord could
only have meant that an interview would not be refused on any subject on which he
(General Grant) had the right to act.

It thus appears that neither with the Confederate authorities nor the authorities
of any State, nor througli the connnanding generals, will the Government of the
United States treat or make any terms or agreement whatever for the cessation of
hostilities. There remains, then, for us no choice but to continue the contest to a
final issue — for the people of the Confederacy can V)e but little known to him who
supposes it possil)le they would ever consent to purchase, at the cost of degredation
and slavery, jiermission to live in a country garrisoned by their own negroes and
governed by otiicers sent by the conqueror to rule over them.

Having thus fully placed before you the information requisite to enable you to
judge of the state of the country, the dangers to which we are exposed, and the
measures of legislation needed for averting them, it remains for me but to invoke
your attention to the consideration of those means by which, above all others, we
may hope to escape the calamities tliat would result from our failure. Prominent
above all others is the necessity for earnest and cordial cooperation between all
departments of government. State and Confederate, and all eminent citizens through-
out the Confederacy. To you especially, as Senators and Representatives, do the
people look for encouragement and counsel. To your action, not only in legislative
halls, but in your homes, will their eyes be turned for the example of what is
befitting men who, l)y willing sacrifices on the altar of freedom, show that they
are worthy to enjoy its l)lessings. I feel full confidence that you will concur with
me in the conviction that your public duties will not be ended when you shall have
closed the legislative labors of the session, but that your voice will 1)e heard, cheer-
ing and encouraging the pi'ople to that i)ersistent fortitude which they have hithcrtf>
displayed, and animating them by the manifestation of that serene confidence which
in moments of public danger is the distinctive characteristic of the patriot who
derives courage from his devotion to his country's destiny, and is thus enabled to
inspire the like courage in others.

Thus united in a common and holy cause, rising above all selfish considerations,
rendering all our means and faculties tributary to the country's welfare, let us bow
submissively to the Divine will, and reverently invoke the blessing of our Heavenly
Father, that as he protected and guided our sij-es when struggling in a sinular cause,
so he will enable us to guard safely our altars and our firesides, and maintain inviolate
the political rights which we inherited.

JEFFERSON DAVIS.

Richmond, Va., March IS, 1865.

The message was read.

Ordered., That it be printed, in confidence, for the use of the Senate.

On motion by ]Mr. Semmes,

Ordered.^ That so nmch of the message as relates to militar}" affairs
be referred to the Connnittee on Military Affairs; that so much thereof
as relates to the finances 1)0 referred to the Connnittee on Finance;
that so much thereof as relates to impressments be referred to the
Committee on the Judiciary; that so nmch thereof as relates to nego-
tiations with the enemy be referred to the Connnittee on Foreign
Relations, and that so nmch thereof as relates to the action of Congress
during the present session be referred to a select connnittee of five
members.

The Senate proceeded, b}- ballot, to the appointment of the said
committee; and



Mar. 13, 1866.] SENATE. 707

Mr. Orr, Mr. Graham, Mr. Semmes, Mr. Caperton, and Mr. Watson
were appointed.

On motion by Mr. Wigfall,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Wi^fall, from the Committee on Military Affairs, to whom
were referred (on the 11th instant) the nominations of Y. M. Moody,
to be brigadier-g^eral; J. H. Beck, John W. Green, to be quarter-
masters, with the rank of major; R. N. Lowrance, to be commissary,
with the rank of major; H. S. Reynolds, to be assistant commissar}^,
with the rank of captain; John W. Galloway and M. Durham, to
be captains; R. A. Wood, to be captain (for retirement under act
approved January 27, 1865); J. W. Squyres, to be captain, and V. C.
Dibble, to be second lieutenant of cavalry; James P. Cox, to be aid-
de-camp, with the rank of first lieutenant; and M. L. Mikell, A. J.
Costin, Henry C. Wade, and G. C. Greenway, to be adjutants, with
the rank of tirst lieutenant, reported, with a recommendation that all
of said nominations be confirmed.

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

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

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

Richmond, Va., March 13, 1865.
To the Senate of the Confederate States:

I hereby nominate Henry D. Ogden, Clement R. Johns, and John D. Morris, to be
commissioners, "to inquire and examine into the proceedings and transactions of the
Cotton Bureau and Cotton Ofhce in the Trans-Mississippi Department, and all trans-
actions in cotton by or under military authority," as authorized by the joint resolu-
tion approved on the 11th instant.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Conuuittee on Commerce.

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

Richmond, Va., March IS, 1865.
To the Senate ofihe Confederate States:

Agreeably to the recommendation of the Secretary of the Treasury, I hereby nomi-
nate Col. George B. Hodge, to be Second Auditor of the Treasury.

JEFFERSON DAVIS.

Treasury Department, Confederate States op America,

Richmond, March IS, 1865.
To the President.

Sir: I have the honor to recommend the appointment of Col. George B. Hodge,
of Kentucky, to be Second Auditor, Confederate States Treasury Department.
Very respectfully,

G. A. TRENHOLM,

Secretary of the Treasury.
The message was read.
Ordered, That it be referred to the Coiumittee on Finance.



708 JOUENAL OF THE [Mar. 14, 1865.

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

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

1 have received a copy of your resolution of the 6th instant, as follows:

^'■Resolved, That the President be respectfully requested to inform the Senate why
he only gives to aids-de-camp to general officers aljove the grade of brigadier-general
the rank of first lieutenant in his nominations made to the Senate."

In response, I herewith transmit for your information a communication from the
Secretary of War, covering a communication from the Hon. James A. Seddon,
formerly Secretary of War, upon the same subject, in response to the resolution of
the House of Representatives of November 8, 1864, as follows:

"■Resolved, That the President be respectfully requested to inform this House
whether any appointments have been made under the act entitled ' An act to pro-
vide and organize a general staff for armies in the field, to serve during the war,'
approved June fourteenth, eighteen hundred and sixty-four, and if not, why have
not such appointments been made in pursuance of said act."

The anticipation of amendatory legislation is set forth in the annexed report,
together with the discretionary power vested in the Executive by the seventh section
of the act referred to, has caused me, for the time being, not to make appointments
under said act.

In the case of aids-de-camp, it has been the practice, because of their personal and
confidential relations to their chief, to appoint upon his nomination. To tliis
practice there seems to be no paramount ol)jection wliile the rank of such officers is
of the subaltern grade; l)ut if they have high rank, for many and obvious considera-
tions their selection can not be controlled i)y the personal jireferences of the general
whom they are to serve. But the suggested change in the mode of selection would
impair the confidential relation which an aid should bear to his chief, and be an
unwelcome task to the appointing jtower.

The nomination of aids-de-canip have for the above reasons been continued as
heretofore, though the legislative amendment expected had not been made.

JEFFERSON DAVIS.

The message was read.

Ordered^ That it be referred to the Committee on Military Affairs.

Mr. Oldham, from the Committee on Commerce, to whom was
referred (on this day) the nominations of Henry D. Ogden, Clement K.
Johns, and John D. Morris, to bo coinmissioners "to inijnire and ex-
amine into the proceedings and transactions of the Cotton Bureau
and Cotton Office in the Trans-Mississippi Department, and all trans-
action-^ in cotton by or under military authority,'' reported, with a
recommendation that all of said nominations be confirmed.

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

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

On motion l)y Mr. Vest,

The Senate resolved into open legislative session.

TUP:SDAY, March 14, 1865.
open session.

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

Mr. Pre.<iident: The House of Representatives have passed a joint resolution (H. R.
37) of thanks to, and for the relief of, Maj. (TasparTochman, formerly of the Polish
army; in which they request the concurrence of the Senate.

The House of Representatives have agreed to the amendments of the Senate to bills
of the f(tl lowing titles:

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 defi-
ciencies; and



Mar. 14, 1865.] SENATE. 709

H. R. 431. An act for the relief of the officers and employees of the Treasury Note
Bureau.

The House of Representatives have passed a resolution rescinding the resolution
fixing Tuesday, the 14th instant, as the time for the adjournment of the present ses-
sion of Congress; in which they request the concurrence of tlie Senate.

The President of the Confederate States has notified the House of Representatives
that on the 9th instant he approved and signed the following acts:

H. R. 244. An act to provide for the settlement of certain matters of account grow-
ing out of purchases of property, as alleged by the purchasers, for the use of theGov-
enunent, by Payne & Co., in the State of Texas;

H. R. 288. An act authorizing the promotion of officers, noncommissioned 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 privi-
leges ijj obtaining leaves of absence as are now provided by law for soldiers obtain-
ing furloughs;

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

H, R. 320. An act to change the mode of filling vacancies among commissioned
officers of companies, battalions, and regiments;

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
February 17, 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 Executive Departments and
the Assistant Secretary of War and the Treasury and of the Assistant Attorney-
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 officers, clerks, and
employees in the city of Petersburg; and

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

And that on the 11th instant he approved and signed the following acts and joint
resolutions:

H. R. 258. An act to amend the act of February 7, 1863, so as to allow commu-
tation to soldiers for the war who have received no furlough ;

H. R. 343. An act providing for the auditing and payment of properly authenti-
cated claims against the Cotton Bureau in the Trans-Mississippi Department;

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

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

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

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

H. R. 33. Joint resolution for the relief of postmasters in certain cases; and

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

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

Mr. Walker, from the Committee on the Judiciary, to whom was
referred the bill (H, R. 418) relative to the impressment of slaves,
reported it without 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
rei)orted to the Senate.

Ordered^ Thjit it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.

Ordered, That the Secretar}' inform the House of Representatives
thereof.



710 JOUKNAL OF THE [Mar. 14, 1865.

The joint resolution (H. R. 87) of thanks to, and for the relief of,
Maj. Gaspar Tochman, formerly of the Polish arm}-, was read the first
and second times and referred to the Committee on Military Aifairs.

The Senate proceeded to consider the resolution of the House of
Representatives rescinding- the resolution fixing Tuesday, the 14th
instant, as the time for tlie adjournment of the present session of
Congress.

On motion by Mr. Orr, to amend the resolution by striking out all
after "tw^cyr/'r/?///'' and inserting "That the resolution fixing Tuesday,
the fourteenth instant, at two o'clock postmeridian, as the time for the
adjournment of the present session of Congress, be, and the same is
herel)y. rescinded, and that the President of the Senate and the
Speaker of the House of Representatives adjourn their respective
Houses, sine die. on Fridav, the seventeenth instant, at three o'clock
postmeridian."

It was determined in the negative, ] Tia„ .„ u

On motion by Mr. Burnett,

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

Those who voted in the attirmative are,

Messrs. Barnwell, Brown, Graham, Maxwell, Orr, and Walker.

Those who voted in the negative are,

Messrs. Burnett. C'apeiton, Henry, Hunter, Johnson of Missouri,
Vest, Watson, and ^^'igfall.

No amendment l)eing made.

Resolved ., That this resolution pass.

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

The Senate resumed the reconsideration of the bill (S. 169) entitled
"An act to abolish the ofiice of certain (piartermasters and assistant
quartermasters, connnissaries and assistant conunissaries, and to pro-
vide for the a])})ointmcnt of bonded agents in said departments," re-
turned by the President with his objections; ;ind

On the (jucstion.

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

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

^ ' I JNays . T

The vote having been taken b}" yeas and nays, conformably to the
Constitution,

Those who voted in th(^ affirmative are,

Messi-s. Barnwell, l)iown, Burnett, (iraham, Johnson of Missouri,
On-, A^'alker, and W'igfall.

Those who voted in the negative are,

Messrs. Caperton, Henrv. Hunter, Maxwell, Semmes, Vest, and
Watson.

So it was

Resolved., That the In 11 do not pass, two-thirds of the Senators pres-
ent not voting thei'efor.

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

Mr. Henry (by leave) introduced

A bill (S. 22ti) to provide^ foi- organizing, arming, and disciplining the
militia of the Confederate States, and for governing such part of them



Mar. H. 1SG5.] ' SENATE. 7ll

as nia_y be employed in the service of the Confederate States, and for
calling- them forth to execute the laws of the Confederate States, sup-
l)ress insurrections, and repel invasions;

which was read the first and second times and referred to the Com-
mittee on Military Affairs.

Mr. WiCTfall, from the Committee on Military Affairs, to whom was
referred the bill (11. K. 434) to amend an act entitled "An act to
diminish the number of exemptions and details," reported it with an
amendment.

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

On the question to agree to the reported amendment, to wit:

Strike out the second section of the bill,

It was determined in the neeative, i xt * ■^' i

^ M ^ ays 9

On motion b}' Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Burnett, Graham, Johnson of Georgia, Johnson of Missouri,
Maxwell, Vest, and ^^'igfa]l.

Those who voted in tiie negative are,

Messrs. Barnwell, Caperton, Henr}", Hunter, Orr, Semmes, Simms,
^^'alker, and Watson.

No amendment being made, the bill w^as reported to the Senate.

Ordered^ That it pass to a third i-eading.

The said bill was read the third time.

Resolved, That it pass.

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

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

Mr. Pre-^ident: The House of Representatives have passed a l)ill (H. R. 435) to
estabhsh a certain post route therein name<l; in which they request the concurrence
of the Senate.

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

Mr. Wigfall. from the Committee on Military Affairs, reported

A bill (S. 2^7) to repeal the sixth section of an act to regulate the
business of conscription, approved March 7. 180.5;
which was read the first and second times and considered as in Com-
mittee of the Whole; and no amencUnent 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.

Re.solred, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary recjuest the concurrence of the House
of Representatives therein.

The bill (H. R. 135) to establish a certain post route therein named
was read the first and second times and considered as in Committee of
the Whole; and no amendment being proposed, it was reported to the
Senate.

Ordeu'ed, That it pass to a third reading.

The said bill was read the third time.

Resolved, That it pass.



712 JOURNAL OF THE [Mar. 14, 1865.

Ordered,, That the Secretary inform the Hou«e of Representatives
thereof.

On motion by ISlr. Semmes,

The Senate resoh^ed into executive session.

The doors having been opened,

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

Mr. President: The President of the Confederate States, on the 11th instant,
approved and signed the following acts:

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," approved June 14, 1864;

>S. 219. An act to regulate the payment of clerks employed at the post-office in the
cities of -Eichmond and Petersburg; and

8. 221. An act for the relief of maimed soldiers.

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

Mr. Caperton, from the committee, reported that they liad examined
and found truly enrolled bills and joint resolutions of the following-
titles:

H. R. -113. An act to amend the sequestration laws;

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

H. R, 420. An act to provide for the paj'ment of arrears now due
to the Army and Navy;

H. R. 42i. An act for the relief of the Exchange Bank of Virginia,
at Norfolk;

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

H. R. 30. Joint resolution expressing the sense of Congress on the
subject of the late peace commission;

H. R. 31. Joint resolution respecting a census;

S. 172. An act to extend an act entitled "An act to graduate the
pay of general ofhcers," approved June lo, 1804;

S. 181. An act to amend the law in relation to impressments;

S. 205. An act to authorize the Secretary of the Treasury to issue
seven per cent bonds to certain persons in North Carolina; and

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

The President pro tempore having signed the enrolled bills and
enrolled joint resolutions 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 Confedei-ate States for his approval.

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

RuiiMoxn, Va., March IS, 1S65.
To (lie Senate and House of Representat ires:

I herewith trausndt for your information copies of the correspondence referred to
in my message of this date, in regard to the proposed conference to adjust terms of



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