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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --THIRTY-NINTH DAY--THURSDAY, January 9, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
THIRTY-NINTH DAY--THURSDAY, January 9, 1862.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Hoge.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

Mr. Bocock moved that the States be called for resolutions, memorials, etc.

Mr. Perkins moved to amend the motion of Mr. Bocock by moving that one hour each morning be set apart for the call of the States and committees.

The amendment was agreed to,

And the motion as amended was agreed to.

The Chair presented certain estimates of the Secretary of the Treasury; which were referred to the Committee on Finance.

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Also, a report from the Quartermaster-General in reply to a resolution of inquiry from the Congress; which was referred to the Committee on Military Affairs, without being read.

Also, a communication from the Secretary of the Navy, presenting certain estimates; which were referred to the Committee on Finance, without being read.

Also, a message from the President; which, with the accompanying documents, was referred to the Committee on Military Affairs, and is as follows, to wit:

Executive Department,
Richmond, January 6, 1862.

To the Confederate Congress:

I herewith transmit from the War Department a copy of the official report of the battle on Alleghany Mountain on the 13th December.

I would invite special attention to the suggestions of the Secretary of War in his communication accompanying the report, with which I fully concur.

JEFFERSON DAVIS.

Also, a communication from the Secretary of the Navy; which was read and referred to the Committee on Naval Affairs.

Mr. Perkins of Louisiana presented the joint resolutions of the legislature of Louisiana, in relation to postal affairs, tariffs, census takers, and soldiers; which were read and referred to the several committees charged with the investigation of the subjects referred to.

Also, the following resolution; which was read and agreed to, to wit:

Resolved, That the Secretary of the Treasury be requested to inform Congress, as nearly as he can and as early, as possible, how much revenue the Government has collected from duties upon imports at different points on the seacoast of the Confederacy since the first day of July last, designating what amount of the duties thus collected has been from goods bonded before that date, and how much from goods imported since that date. Also, the amount of duties collected at the different points on the Mexican frontier. And that he be further requested to inform the Congress what has been the cost of said collection, including therein a statement of the salaries paid to officers and the expense of keeping up custom-houses.

Also, the following resolution; which was read and agreed to:^a

[Note a: a The resolution is not recorded in the Journal.]

Mr. Orr presented

A bill to provide for the protection of loyal citizens who have destroyed their property to prevent its capture by the enemy; which was read first and second times and referred to the Committee on the Judiciary.

Mr. Venable offered

A resolution instructing the Committee on Military Affairs to inquire into the propriety of further legislation in relation to habitual drunkenness among the officers of the Army, and its punishment;
which was read and agreed to.

Mr. Waul offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Treasurer of the Confederate States be authorized to pay to James Hemphill, out of the contingent fund of Congress, on the proper auditing of the account, the amount of pay and mileage due the late John Hemphill, and take his receipt therefor.

Mr. Ochiltree presented the memorial of B. J. Sage; which was referred to the Committee on the Judiciary, without being read.

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Mr. Seddon offered the following resolution; which was read and agreed to, to wit:

Resolved, That hereafter during the present session the Congress will meet at eleven o'clock ante meridian.

Mr. Pryor, from the Committee on Military Affairs, reported back and recommended the passage of

A bill to provide for raising and organizing, in the State of Missouri, additional troops for the Provisional Army of the Confederate States.

Mr. Perkins moved to place the bill on the Calendar and print

The motion was not agreed to.

The bill was then engrossed, read third time, and passed.

A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.

Mr. Harris of Mississippi, from the Committee on Military Affairs, reported

A bill to prevent information of the plans and operations of the land and naval forces of the Confederate States being conveyed to the enemy;
which was read first and second times, placed on the Calendar, and ordered to be printed.

Mr. Venable offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Secretary of the Confederate Congress be authorized to receive the sum of six hundred dollars out of the contingent fund of the same, to be paid to the chairman of the committee of arrangements, to defray the expense of transportation of the body of the Honorable John Hemphill to the city of Austin, in the State of Texas.

Congress then proceeded to the consideration of the unfinished business of yesterday; which was the first section of a bill to amend an act to raise an additional force to serve during the war;

When,

Mr. Rives moved to amend the same by striking out all after the word "regiment" and by inserting in lieu thereof the following, to wit: With regard to all volunteers raised after the passage of this act, the field and company officers shall be chosen and appointed in the manner provided by the act entitled "An act providing for the granting of bounty and furloughs to privates and noncommissioned officers of the Provisional Army," approved on the eleventh day of December, eighteen hundred and sixty-one, and all vacancies occurring in said offices after the first election shall be filled by promotion according to grade and seniority, except in cases of disability or other incompetency: Provided, however, That the President be authorized to depart from the prescribed rule of promotion in favor of any person specially brought to his notice for extraordinary merit or some signal act of gallantry or military skill by the recommendation of his commanding general.

Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act to provide for raising and organizing, in the State of Missouri, additional troops for the Provisional Army of the Confederate States.

On motion of Mr. Stephens, the further consideration of the bill was postponed until 12 m. to-morrow.

Mr. Russell offered resolutions of thanks to Col. Edward Johnson, his officers and men, for services in the battle of Alleghany Mountain; which were read and unanimously agreed to.

Mr. Harris of Mississippi introduced

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A bill making appropriations for certain floating defenses;
which was read first and second times, engrossed, read a third time, and passed.

Mr. Harris of Missouri introduced

A bill to provide for the organization of a marine brigade;
which was read first and second times and, on motion of Mr. McRae, was referred to the Committee on Naval Affairs.

Mr. Smith of Alabama moved to publish the report of the Secretary of War; the report of General Beauregard concerning the report of the battle of Manassas, except the first portion of the same and the President's indorsement; and all other reports of battles accompanying the report of the Secretary of War, except the report of General Bragg and a paragraph in the report of General Evans.

Mr. Harris moved to amend the motion by publishing the report of General Beauregard entire, and upon which Mr. Ochiltree, at the instance of the State of Texas, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

• Alabama--Yea: Messrs. Hale and McRae. Nay: Mr. Smith.
• Arkansas--Yea: Mr. Garland.
• Kentucky--May: Messrs. Monroe, T. L. Burnett, and Ford.
• Louisiana--Nay: Messrs. Perkins and Conrad.
• Mississippi--Yea: Messrs. Harris, Orr, Bradford, and Harrison.
• Missouri--Yea: Messrs. Clark, Freeman, and Bell. Nay: Messrs. Harris, Conrow, and Vest.
• North Carolina--Yea: Messrs. Smith and Venable.
• South Carolina--Nay: Mr. Boyce.
• Texas--Yea: Messrs. Waul and Ochiltree.
• Virginia--Yea: Messrs. Seddon, Macfarland, and Russell. Nay: Messrs. Pryor, Bocock, and Rives.

Yea: Alabama, Arkansas, Mississippi, North Carolina, and Texas, 5.

Nay: Kentucky, Louisiana, and South Carolina, 3.

Divided: Missouri and Virginia, 2.

Not voting: Florida, Georgia, and Tennessee, 3.

So the motion was lost.

Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act making appropriations for certain floating defenses.

Mr. Orr called for a division of the question on the motion of Mr. Smith; which was agreed to.

And the question being upon publishing the report of the Secretary of War, the same was agreed to.

Mr. Perkins moved to reconsider the vote just taken.

The question then recurred upon publishing the report of General Johnston, and the vote having been taken thereon, the motion was agreed to.

Mr. Conrad moved to reconsider the vote just taken.

The question then recurred upon publishing the report of General Beauregard, with the exception of the first part of the same and the indorsement of the President;

When,

Mr. Ochiltree, at the instance of the State of Texas, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

• Alabama--Yea: Mr. Smith. Nay: Messrs. Hale and McRae.

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• Arkansas--Yea: Mr. Garland.
• Kentucky--Yea: Mr. Monroe. Nay: Messrs. Ford and T. L. Burnett.
• Louisiana--Yea: Messrs. Perkins and Conrad.
• Mississippi--Yea: Mr. Orr. Nay: Messrs. Harris, Bradford, and Harrison.
• Missouri--Yea: Messrs. Harris, Conrow, Vest, and Bell. Nay: Messrs. Clark and Freeman.
• North Carolina--Yea: Mr. Smith. Nay: Mr. Venable.
• South Carolina--Yea: Mr. Boyce.
• Texas--Yea: Mr. Waul. Nay: Mr. Ochiltree.
• Virginia--Yea: Messrs. Macfarland, Pryor, Bocock, and Rives. Nay: Messrs. Seddon and Russell.

Yea: Arkansas, Louisiana, Missouri, South Carolina, and Virginia, 5.

Nay: Alabama, Kentucky, and Mississippi, 3.

Divided: North Carolina and Texas, 2.

Not voting: Florida, Georgia, and Tennessee, 3.

So the motion was not agreed to.

On motion of Mr. Harris of Missouri,

Congress then adjourned until 11 o'clock to-morrow.

EXECUTIVE SESSION.

Congress being in executive session,

The Chair laid before Congress the following communication from the President:

Richmond, January 9, 1862.

To the Congress of the Confederate States:

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

JEFFERSON DAVIS.

• THIRTEENTH ALABAMA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • B. D. Fry, of Alabama, to take rank from July 19, 1861.
  • Lieutenant-colonel.
    • S. B. Marks, of Alabama, to take rank from November 27, 1861.
  • Major.
    • R. H Dawson, of Alabama, to take rank from November 27, 1861.
• SECOND ARKANSAS REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • J. W. Scaife, of Arkansas, to rank from November 23, 1861.
  • Lieutenant-colonel.
    • Daniel C. Govan, of Arkansas, to rank from November 23, 1861.
  • Major.
    • Reuben F. Harvey, of Arkansas, to rank from November 23, 1861.

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• THIRD KENTUCKY REGIMENT. PROVISIONAL ARMY.
  • Colonel.
    • A. P. Thompson, of Kentucky, to rank from October 18, 1861.
  • Lieutenant-colonel.
    • Ben. Anderson, of Kentucky, to rank from October 18, 1861.
  • Major.
    • Alfred Johnston, of Kentucky, to rank from October 18, 1861.
• FIRST KENTUCKY CAVALRY REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • Ben. Hardin Helm, of Kentucky, to rank from October 5, 1861.
  • Lieutenant-colonel.
    • Thomas G. Woodward, of Kentucky, to rank from November 1, 1861.
  • Major.
    • N. R. Chambliss, of Tennessee, to rank from December 12, 1861.
• SIXTH KENTUCKY REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • Joseph H. Lewis, of Kentucky, to rank from November 1, 1861.
  • Lieutenant-colonel.
    • Martin H. Cofer, of Kentucky, to rank from November 1, 1861.
  • Major.
    • Thomas H. Hays, of Kentucky, to rank from November 1, 1861.
• FIRST LOUISIANA INFANTRY REGIMENT, PROVISIONAL ARMY (ENLISTED).
  • Captain.
    • Edward C. Preston, of Louisiana, to take rank from December 18, 1861.
  • First lieutenant.
    • L. N. Olivier, of Louisiana, to take rank from December 18, 1861.
  • Second lieutenant.
    • Joseph T. Garner, of Louisiana, to take rank from December 21, 1861.
• TWENTY-SEVENTH MISSISSIPPI REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • Thomas M. Jones, of Mississippi, to rank from confirmation.
• SEVENTH ALABAMA BATTALION, PROVISIONAL ARMY.
  • Lieutenant-colonel.
    • A. Baker, of Alabama, to take rank from confirmation.

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• FIRST KENTUCKY CAVALRY BATTALION, PROVISIONAL ARMY.
  • Major.
    • John Shawhan, of Kentucky, to take rank from December 24, 1861.
• FIRST NORTH CAROLINA BATTALION, PROVISIONAL ARMY.
  • Major.
    • E. C. Brabble, of North Carolina, to take rank from November 29, 1861.
• EIGHTH ALABAMA BATTALION, PROVISIONAL ARMY.
  • Lieutenant-colonel.
    • F. B. Shepherd, of Alabama, to rank from December 2, 1861.
  • Brigade commissaries, with rank of major.
    • W. H. Thomas, of Virginia; E. Yulee, of Florida; John C. Haskell, of --; Allan B. Magruder, of Virginia; J. A. Sadler, of North Carolina.
  • Assistant commissaries, with rank of captain.
    • A. Kinney, of Virginia; J. B. Sanders, of Mississippi; John H. Fallin, of Virginia; James Wade, of Virginia; William B. Warwick, of Virginia; Philip Vacaro, of Kentucky; Richard Fancher, of Tennessee; Horace A. Parish, of Tennessee; John A. Galbraith, of Mississippi; Samuel R. Bachman, of Tennessee; William Ruffin, of Mississippi; E. A. McKenney, of Texas.
  • Brigade quartermasters, with rank of major.
    • F. D. Cleary, of Virginia; J. B. McClelland, of Virginia; Alfred Boyd, of Kentucky; Moses B. George, of Texas; Isaac Brinker, of Virginia.
  • Assistant quartermasters, with rank of captain.
    • N. J. Thomas, of Virginia; L. N. Webb, of Virginia; W. E. Paxton, of Mississippi John C. Peay, of Arkansas; John L. Briscoe, of Mississippi; A. Elhart, of Virginia; Taliaferro Hunter, of Virginia; George Johnston, of Louisiana; Mason Morfit, of --; John A. Hanmer, of Tennessee; James Rogers, of Georgia; D. C. Spurlock, of Tennessee; Wilton L. Young, of Alabama; R. G. H. Kean, of Virginia; A. J. Hawthorn, of Arkansas; J. H. Pope, of Alabama; C. W. Styron, of North Carolina; T. S. Jones, of District of Columbia; A. M. Garber, of Virginia; F. A. Malone, of Mississippi; James W. Bradford, of Arkansas; J. L. Frensley, of North Carolina.
  • Chaplains.
    • W. S. Payne, of Tennessee; W. G. Joyce, of Texas; F. McCarthy, of Virginia; Robert Hardie, of Georgia; John A. Fife, of Mississippi; T. G. Bosley, of Kentucky; J. H. Crawford, of Virginia; A. R. Winfield, of Arkansas; David P. Ritchie, of Tennessee; Alexander McBryde, of Mississippi; A. B. Campbell, of Georgia; G. W. Featherstone, of Tennessee; John N. Zively, of Texas; Willis Hall, of Georgia; Wiley Burgess, of Alabama; J. J. Harris, of Tennessee; Thompson L. Smith, of Virginia; Andrew J. Witherspoon, of Alabama.
  • Adjutants, with the rank of first lieutenant.
    • H. A. Wise, of Virginia, to take rank from August 13, 1861; C. Marshall Barton, of Virginia, to take rank from December 18, 1861; J. P. Harris, of Mississippi, to take rank from December 12, 1861; James A. Harden, of Virginia, to take rank from November 9, 1861; H. A. Whiting, of Alabama, to take rank from December 31, 1861; C. Wertenbaker, of Virginia, to take rank from December 31, 1861; Addison Taliaferro, of Georgia, to take rank from December 9, 1861; Noyes Rand, of Virginia, to take rank from October 7, 1861; Job Routh, of Mississippi, to take rank from December 29, 1861; Stewart W. Cayce, of Alabama, to take rank from September 16, 1861.

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  • Assistant adjutants-general, with rank of captain.
    • W. B. Tabb, of Virginia, to take rank from August 6, 1861; R. W. Memminger, of South Carolina, to take rank from December 24, 1861: Fayette Hewitt, of Arkansas, to take rank from December 28, 1861; Benj. Huger, jr.. of South Carolina, to take rank from January 6, 1862.
  • Aids-de-camp, with the rank of first lieutenant.
    • W. Bacon, of Virginia, to take rank from August 18, 1861; E P. Barbour, of Kentucky, to take rank from December 4, 1861: Chiswell Dabney, of Virginia, to take rank from December 20, 1861; Thomas T. Hawkins, of Kentucky, to take rank from November 11, 1861; Thomas J. Goree, of Texas, to take rank from December 31, 1861.
  • Brigadier-generals.
    • Henry Heth, of Virginia, to take rank from January 6, 1862: Johnson K. Duncan. of Louisiana, to take rank from January 7, 1862: S. A. M. Wood. of Alabama, to take rank from January 7, 1862.

The nominations were referred to the Committee on Military Affairs, and finally confirmed.

Mr. Hale, from the Committee on Military Affairs, to which had been referred the nomination of James T. [John G.?] Walker, as brigadier-general, reported the same back, with the recommendation that Congress advise and consent to the same; which was agreed to, and the nomination was confirmed.

Congress then resumed legislative session.

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