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

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peace bv means of a military convention.

JEFFERSON DAVIS.

The message was read.

Oi'dei'i'd, That it lie upon the table and be printed.

On motion by Mr. Burnett,

The Senate adjourned.



Mar. 14, 1865.] SENATE. 718

SECRET SESSION.

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

}fr. President: The President of the Confederate States has notified the House of
Representatives that on tlie 9th instant he approved and signed a joint resolution
( 1 1. R. 29) in relation to the services of Manuel and Rafael Armijo and Julian Tesorio.

The Speaker of the House of Representatives having signed an enrolled bill, I am
directed to bring it to the Senate for the signature of their President.

Mr. Semmes submitted the foilowino- resolution for consideration:

Resolved, That the Senators of the respective States be, and they are hereby,
appointed committees to confer witii the legislatures of their respective States, or,
if the legislatures be not in session, with the governors thereof, for the purpose of
securing the cooperation of the respective State governments in obtaining for the use
of the Commissary Department of the Confederate States a sntticient amount of coin
to procure supplies for the Army, and to urge upon the respective States immediate
action.

The Senate proceeded to consider the said resolution.

On motion by Mr. Henry, to amend the resolution by inserting after
"thereof," line 9, the words ""and with the presidents of the Tennes-
see banks now located in North Carolina,"

It was determined in the affirmative.

On motion by Mr. Henr}, further to amend the resolution b}^ insert-
ing after "governments," line 12, the words "and said banks," and
by inserting after "States," line 19, the words "and the banks afore-
said,"

It was determined in the affirmative.

The resolution as amended was then agreed to.

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

To the Senate of the Confederate States:

Herewith I transmit a letter from the« Secretary of War, covering several commu-
nications from officers of the Army in reference to the present condition of the
country as connected with military defense, and especially with the matter of supplies
for the Army.

They will serve to elucidate the message this day transmitted to you. The last in
the order of time of those communications was received after my message was trans-
mitted, and refers to a contingency which, if it should occur, must seriously affect
the opinions which I then expressed.

I invite your special attention to the papers submitted.

JEFFERSON DAVIS.

Richmond, March 13, 1865.

The message was read.

Ordered^ That it lie upon the table.

Mr. Caperton, from the committee, reported that they had examined
and found truly enrolled

A bill (H. R. 126) to provide for the safety of the archives of the
Government, and for the assembling of Congress at any place other
than the seat of government.

The President pro tempore having signed the enrolled bill last
reported to have been examined, it was delivered to the Secretary of
the Senate and by him forthwith presented to the President of the
Confederate States for his approval.

On motion by Mr. Henry,

The Senate resolved into open legislative session.



714 JOURNAL OF THE [Mar. 14, 1865.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to whom wa.s
referred (on the 2l8t December, 1864) the nomination of W. P. Graj'son,
to be colonel (under act approved October 11, 1862), reported, with the
recommendation that .said nomination be confirmed.

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

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

Mr. \A'iofall, from the Committee on Military Affairs, to whom was
referred (on the 21st ultimo) the nomination of Robert Turner, to l)e
assistant commissary, with the rank of captain, reported, with the
recommendation that said nomination be confirmed.

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

Resolved., That the Senate do advise and consent to the appointment,
agreeabl}' to the nomination of the President.

Mr. Semmes, from the Conunittee on Finance, to whom was referred
(on the 18th instant) the nomination of Georg-e B. Hodge, to be Second
Auditor, reported, with the recommendation that said nomination be
not confirmed.

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

Resolved^ That the Senate do not advise and consent to the appoint-
ment of George B. Hodge, to be Second Auditor.

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

Richmond, Va., March 14, 1865.
To the Senate of (he Confederate States:

I herewith triinsniit for your information a coniniunication from the Postmaster-
General, relative to the removal of a l)OHtmai^ter from ottiee.

JEFFERSON DAVIS.

Post-Office Dkpartmext, Confederate States of America,

Richmond, March 11, 1865.
To the President.

Sir: In compliance with the third paragraph of the second section of the second
article of the Constitution, 1 have the honor to re|)ort the removal of the following
officer of this Department, "together with the reasons therefor:" VV. H. Robertson,
postmaster at Osborne's Ford, Davis County, Va., removed March 1, 1865. Cau.«e of
removal: Imputed disloyalty and miscon<luct.
Very respectfully, vour obedient servant,

JOHN H. REAGAN,

Postmaster- General.
The message was read.

Ordered^ That it be referred to the Committee on Post-OfSces and
Post-Roads.

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

Executive Department, Confederate States of America,

Richmond, March 14, 1865.
To the Senate of the Confederate States:

Agreeably to the recoumiendation of the Secretary of War, I nominate W. W.
Foote, of Tennessee, to be adjutant Fifteenth Arkansas Regiment, with the rank of
first lieutenant in the Provisional Army of the Confederate Stiitt-s of America.

JEFFERSON DAVIS.



Mar 14, 1866.] SENATE. 715

No. 269.] War Department, Confederate States of America,

Richmond, March 13, 1865.
Sir: I have the honor to recommend the nomination of W. W. Foote, of Ten-
nessee, to be adjutant Fifteenth Arkansas Regiment, with the rank of first lieutenant
in the Provisional Army of the Confederate States of America, to rank from March
7, 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 14, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate W. L. De
Rosset, of North Carolina, to be colonel (for retirement, under act approved January
27, 1865) in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

War Department, Confederate States of America,

Richmond, March 13, 1865.
Sir: I have the honor to recommend the nomination of W. L. De Rosset, of North
Carolina, to be colonel (for retirement, under act approved January 27, 1865) in the
Provisional Army of the Confederate States of America, to rank from March 11, 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 14, 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. 268.] War Department, Confederate States of America,

Richmond, March 13, 1865.
Sir: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:

Assistant commissaries — captains.

J. M. Williams, of Virginia, to rank from March 11, 1865.
A. L. Huntt, of Virginia, to rank from March 11, 1865.
John W-. Kincheloe, of Virginia, to rank from March 11, 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 13, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate J. T. Rosser,
of Virginia, to be major (for retirement, under act approved January 27, 1865) in the
Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.



716 JOURNAL OF THE [Mar. 14, 1865.

War Department, Confederate States of America,

Richmowl, March 13, 1865.

Sir: I have the honor to recommend the nomination of J. T. Rosser, of Virginia,
to be major (for retirement, under act approved January 27, 1865) in the Provisional
Army of the Confederate States of America, to rank from March 8, 1865.
I am, sir, respectfully, vour obedient servant,

JOHN C. BRECKINRIDGE,

To His Excellency Jefferson Davis, ' - •'

President, etc.

Executive Department, Confederate States of America,

Richmond, March 13, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Julius G.

Tucker, of , to be colonel Tucker's Confederate Regiment, in the Provisional

Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 267.] War Department, Confederate States of America,

Richuiund, March 13, 1865.

Sir: I have the honor to recommend the nomination of Julius G. Tucker, of ■



to be colonel Tucker's Confederate Regiment, in the Provisional Army of the Con-
federate States of America (an original vacancy), to rank from February 25, 1865.
1 am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,
To His Excellency Jefferson Davis, Secretary of War.

President, etc.

Executive Department, Confederate States of America,

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

Agreeably to the recommendation of the Secretary of AVar, I nominate Brig. Gen.
VV. \V. Allen, of Alabama, to be major-general, with temporary rank, in the Prt)-
visional Army of the Confederate States of America, under act approved May 31,
1864.

JEFFERSON DAVIS.

No. 264.] War Department, Confederate States of America,

Richmond, March 13, 1865.

Sir: I have the honor to recommend tlie nomination of Brig. Gen. W. W. Allen,

of Alabama, to be major-general, with temjKjrary rank, in the Provisional Army of

the Confederat** States of America (under act approved May ?A, 1864) to command

division Wheeler's Cavalry Corps, vice Major-General Martin, transferred, to rank

from March 4, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

rr HI- Tn II T T-» Secretary of War.

To His Excellency Jefferson Davis, - -

President, etc.
Executive Department, Confederate States of America,

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

Agreeably to the recommendation of the Secretary of War, I nominate D. J. God-
win, of Virginia, to be colonel (for retirement, under act approved January 27, 1865)
in the Provisional Army of the (Confederate States of America.

JEFFERSON DAVIS.

War Dbpartment, Confederate States of America,

Richmond, December 11, 1865.
Sir: I have the honor to recommend the nomination of I). J. Godwin, of Virginia,
to be colonel (for retirement, under act approved January 27, 1865) in the Provi-
sional Army of the Confederate States of America, to rank from March 11, 1865.
I am, sir, respectfully, your ol)edicnt servant,

JOHN C. BRECKINRIDGE,
To His Excellency Jefferson Davis, etreaii/ j

President, etc.



Mar. 15, 1865.] SENATE. 717

E.TCECTTIVE DeP.\HTMENT, CONFEDERATE STATES OF AMERICA,

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

Agreeably to the recommendation of the Secretary of War, I nominate Fred. Phil-
ips, of North CaroUna, to be assistant quartermaster, with the rank of captain in
the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 265.] War Department, Confederate States op America,

Richmond, March 13, 186.5.
Sir: I have the honor to recommend the nomination of Fred. Philips, of North
Carolina, to be assistant quartermaster, with the rank of captain in the Provisional
Army of the Confederate States of America, for duty as assistant to quartermaster,
Cox's brigade. Army of Northern Virginia, to rank from March 8, 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 op America,

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

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

JEFFERSON DAVIS.

No. 266.] War Department, Confederate States of America,

Richmond, March 13, 1865.
Sir: I have the honor to recommend the following nominations for appointment in
the Provisional Army of the Confederate States of America:

Assistant commissaries — captains.

A. Harris, of. Virginia, to rank from March 4, 1865.

George W. Boiling, of , to rank from March 3, 1865.

Charles S. Taylor, of Virginia, to rank from March 9, 1865.
Thomas Mahool, of (jeorgia, to rank from March 9, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severally read.

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

On motion by Mr, Orr,

The Senate resolved into secret legislative session.

WEDNESDAY, March 15, 1865.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a bill (H. R. 437) to
!?rant transportation to discharged and disabled soldiers; in which they request the
concurrence of the Senate.

The House of Representatives agree to the amendments of the Senate to 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 14th June, 1864.

The bill (H. R, 137) to grant transportation to discharged and dis-
abled soldiers was read the lirst and second times and considered as
in Committee of the Whole; and no amendment being proposed, it
was reported to the Senate.



718 JOUKNAL OF THE [Mar. 15, 1865.

Ordered^ That 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.

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred the joint resolution (H. R. 37) of thanks to, and for the relief
of, Maj. Gaspar Tochman, formerly of the Polish army, 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.

Ordered^ That it pass to a third reading.

The said resolution was read the third time.

On the question,

Shall the resolution now pass?

( Yeas - - 14

It was determined in the affirmative, j |^„ , i

The vote having been taken by 3'eas and nays,' conformably to the
Constitution,

Those who voted in the affirmative are,

Messrs. Barnwell, Brown, Caporton, Graham, Henry, Hunter, John-
son of Missouri, Maxwell, Oldham, Orr, Simms, Vest, Watson, and
Wigfall.

Mr. Semmes voted in the negative.

So it was

Resolved^ That this resolution pass, two-thirds of the Senators present
voting therefor.

Ordered^ That the Secretary inform the House of Representatives
thei'eof.

On motion b}- Mr. Wigfall,

The Senate resolved into executive session.

The doors having been opened,

Mr. Brown presented the petition of O. L. Kimbrough, praying the
passage of a law authorizing the Secretary of the Treasury to issue
duplicates for certain bonds and Treasury notes destroyed by fire;
which was referred to the Committee on Claims.

On motion b}" Mr. Maxwell,

Ordered, That the leave of absence heretofore granted to J. W.
Anderson, recording clerk of the Senate, be extended until the close
of the present session.

On motion by Mr. Barnwell,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passe*! a bill (II. R. 438) to raise
coin for the purpose of furnishing necessary supplies for the Army; in which they
request the concurrence of the Senate.

The bill (H. R. 41^8) last mentioned was read the first and second
times and referred to the Committee on Finance.
On motion l)v Mr. Semmes,
The Senate resolved into open legislative session.



Mar. 16. 1865.1 SENATE. 7l9

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Militan' Affairs, to whom were
referred (on the 14th instant) the nominations of Julius G. Tucker, to
be colonel; W. L, De Rosset and D. J. Godwin, to be colonels, and
J. T. Rosser, to be major (for retirement, under act approved January
27, 1865); A. Harris, George W. Boiling, Charles S. Taylor, Thomas
Mahool, J. M. Williams, A. L. Huntt, and John W. Kincheloe, to be
assistant commissaries, with the rank of captain; Fred. Philips, to
be assistant quartermaster, with the rank of captain; and W. W. Foote,
to be adjutant, with the rank of first lieutenant, reported, with the rec-
ommendation that said nominations be confirmed.

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

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

On motion b}^ Mr, Semmes,

The Senate resolved into secret legislative session.

THURSDAY, March 16, 1865.

OPEN SESSION.

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

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

H. R. 4.39. An act to increase the commutation value of hospital rations for a
limited time;

H. E. 440. An act to increase the pay and mileage of officers traveling under
order.s; and

H. R. 441. An act to suspend the privilege of the writ of habeas corpus.

And they have passed Senate bills of the following titles:

S. 215. An act to appropriate money to pay the expenses of the Joint Select Com-
mittee on the Subject of the Treatment and Exchange of Prisoners; and

S. 227. An act to repeal the sixth section of an act to regulate the business of
conscription, approved March 7, 1865.

The bill last named with amendments; in which they request the concurrence of
the Senate.

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

Ordered., That the bills numbered 439 and 440 be referred to the
Committee on Military Affairs and that the bill numbered 441 be
referred to the Committee on the Judiciary.

On motion by Mr. Watson,

Ordered^ That Mr. Oldham be appointed temporaril}^ on the Com-
mittee on the Judiciary.

The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 227) to repeal the sixth section of an
act to regulate the business of conscription, approved March 7, 1865;
and

Resolved., That they concur therein.

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

On motion by Mr. Burnett.

Ordered^ That the Committee on Claims be discharged from the
further consideration of the petition of O. L. Kimbrough.



720 JOURNAL OF THE [Mar. 16, 1865.

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

Mr. President: The House of Representatives have passed a resohition fixing a time
for the a<ljournment of the present session of Congress; in which they request the
concurrence of the Senate.

The Speaker of tlie 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.

On motion b}^ Mr. Semmes,

The Senate resolved into secret legislative session.

The doors having been opened,

Mr. HeiUT, from the Committee on Militar}^ Affairs, to whom was
referred the bill (S. 226) to provide for organizing, arming, and dis-
ciplining the militia of the Confederate States, and for governing
such part of them as ma}^ be employed in the service of the Confed-
erate States, and for calling them forth to execute the laws of the
Confederate States, suppress insurrections, and repel invasions,
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 were agreed to.

On motion b}' Mr. Semmes, that the further consideration of the
bill be postponed indefiniteh^.

It was determined in the negative, •] tsj^^*^ " o

On motion by Mr. Burnett,

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

Those who voted in the affirmative are,

Messrs. Caperton, Graham, Oldham, Orr, Senmics, Vest, and
Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Henry, Hunter, ,Fohnson of Missouri,
Maxwell, Sinmis, and Watson.

On motion by Mr. Burnett, to amend the V)ill by striking out the
tenth section.

It was determined in the affirmative.

The bill having been further amended on the motion of Mr. John-
son of Missouri, it was reported to the Senate and the amendments
were concurred in.

()rder<(i^ That the bill be engrossed and read a third time.

The said l)ill was read the third time.

On the (juestion.

Shall the bill now pass?

It was determined in the negative, \ ^^^ o

On motion })y Mr. Orr,

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

Those who voted in tlie affirmative are,

Messrs. Barnwell. Brown, Burnett. Henry, Hunter, Johnson of
Missoui-i, ]Ma.\w(>ll, and Simms.

Those who voted in the negative are,

Messrs. Caperton, Graham, Oldham, Orr, Semmes, Vest, Watson,
and Wigfall.

So it was

Rcsolral^ That this })ill do not pass.

Mr. Oldham, from the Committee on the Judiciary, to whom was



Mar. 16. 1865.] SENATE. 721

referred the bill (H. R. 441) to suspend the privilege of the writ of
habeas corpus, 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.

Ordered^ That it pass to a third reading.

The said bill was read the third time.

On the question,

Shall the bill now pass?

It was determined in the negative, ^ ^t ' a

^ ' I JNa3's 9

On motion by Mr. Orr, «

The yeas and nays being desired by one-tif th of the Senators present.

Those who voted in the affirmative are,

Messrs. Burnett, Henry , Johnson of Missouri, Maxwell, Simms, and
Vest.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Graham, Hunter, Oldham, Orr, Semmes,
Watson, and Wigfall.

So it was

Resolved^ That this bill do not pass.

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

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

J/r. Frej^\<lent: The President of the Confederate States, on the 13th instant,
approved and signed the following acts and joint resolutions:

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

8. 216. An act to appropriate money to pay the Missouri State Guard;

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

S. 222. An act supplemental to an act approved on the 4th day of March, 1865,
entitled "An act to authorize the commanders of the reserves in each State to order
general courts-martial and to revise the proceedings of courts-martial and military
wcourts;"

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

S. 3.5. Joint resolution providing for donations to the Treasury of the Confederate
States; and

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



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