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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 --FIFTY-SECOND DAY--FRIDAY, January 24, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
FIFTY-SECOND DAY--FRIDAY, January 24, 1862.

OPEN SESSION.

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

The Chair presented the following communication; which was read and laid on the table, and is as follows, to wit:

Burton, Ala., January 13, 1862.

To the President of the Provisional Congress:

Private matters, urgent in their character, and the apprehension that my health (never good) may be injured by a trip to Richmond in midwinter, together with the fact that the Congress, under the permanent Constitution, will soon convene, induce me to resign my seat in the Provisional Congress.

Respectfully,

C. ROBINSON.

Congress then resolved itself into secret session.

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SECRET SESSION.

Congress being in secret session,

Mr. Barnwell, at the instance of the State of South Carolina, moved to reconsider the vote by which the Congress agreed to

A resolution instructing the Committee on Printing to cause to have printed immediately the Journals, laws, and secret proceedings of Congress.

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

An act to provide for granting furloughs in certain cases.

The Chair presented a communication from the Commissioner of Patents, under a law of the Congress; which was referred to the Committee on Patents, without being read.

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

Mr. Conrad presented a memorial from sundry citizens of New Orleans; which was read and referred to the Committee on Commerce.

Mr. Perkins introduced

A bill to establish a passport office near the seat of government;
which was read first and second times and referred to the Committee on Foreign Affairs.

On motion of Mr. Perkins, a bill on the Calendar entitled

An act to prevent improper communication with the enemy, by bill or otherwise,
be referred to the same committee.

Mr. Davidson presented the memorial of Barbee Caroll; which was referred to the Committee on the Judiciary, without being read.

Mr. Johnson of Arkansas introduced

A bill to amend an act to provide for the safe custody, printing, and publication of the laws, and to provide for the appointment of an additional clerk in the Department of Justice, approved 5th August, 1861; which was read first and second times and referred to the Committee on the Judiciary.

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

Resolved, That the Secretary of Congress be instructed to pay out of the contingent fund the funeral expenses of John Tyler, late a member of this Congress from the State of Virginia: Provided, That no account be paid until it shall be examined and allowed by the Committee of Arrangements.

On motion of Mr. Bocock, a resolution relative to a change of weights and measures of the Confederacy, reported back from the Committee on Commerce and laid on the table, was referred to the Special Committee on Commercial and Financial Independence.

Mr. Johnston of Virginia introduced

A resolution instructing the Committee on Military Affairs to inquire what legislation is necessary to enable the Secretary of War to furnish prisoners of war with clothing;
which was read and agreed to.

The Chair presented a message from the President; which was read, and is as follows, to wit:

Executive Office, January 23, 1862.

To the Hon. Howell Cobb,
President of the Provisional Congress.

Sir: I return to you an act entitled "An act to provide for raising and organizing, in the State of Missouri, additional troops for the Provisional Army of the

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Confederate States," indorsed, passed January 9, 1862, and delivered to me probably on the 10th of January, 1862. After its delivery I was informed by the Clerk that it had been reconsidered and substituted by an act entitled "An act to provide for raising and organizing, in the State of Missouri, additional forces for the Provisional Army of the Confederate States," which was in many respects similar in its provisions, and which was this day returned with my objections.

Regarding the first act as having been abrogated by Congress, I took no action upon it, but to-day I am informed by the Secretary of Congress that the record of the reconsideration is not to be found on the Journals. Ten days having now elapsed since the act was sent to me, I am precluded from doing anything with it, except to transmit it to you with a statement of the circumstances which caused me to regard the paper as invalid and not requiring consideration or action on my part.

JEFFERSON DAVIS.

On motion of Mr. Clark, the consideration of the message was postponed for the present.

Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

Mr. Barnwell, from the Committee on Finance, to whom was referred

A bill to pledge the credit of the Confederate States of America for certain bonds of the State of Missouri,
reported the same back, with the recommendation that it pass, with an amendment; which is as follows, to wit:

To strike out the whole of the original bill after the enacting clause and to insert in lieu thereof the following, to wit:

The Congress of the Confederate States of America do enact, That the Secretary of the Treasury is hereby directed to issue to the State of Missouri, upon the application of the fund commissioners for said State, one million dollars in Treasury notes, upon the condition that the said of State of Missouri deposit with the Secretary of the Treasury of the Confederate States an equal sum in the bonds of the State of Missouri authorized to be issued under an act of the legislature of said State, entitled "An act to provide for the defense of said State, and for other purposes," which bonds shall be held by the Secretary of the Treasury until the accounts of the State of Missouri for advances made for military purposes are adjusted as Congress may direct.

• 2. That upon the final adjustment of the accounts of the State of Missouri against the Confederate States, the sum hereby advanced shall be deducted from the amount found due to said State.
• 3. The sum hereby appropriated shall be applied by the State of Missouri to the payment of troops in the service of the said State prior to their muster into the Confederate service.

The amendment was agreed to.

And the bill as amended was engrossed, read third time, and passed.

On motion of Mr. Barnwell, the title was amended by striking out the whole of the original and inserting in lieu thereof the following, to wit:

An act for the relief of the State of Missouri.

Mr. Barnwell, from the same committee, reported and recommended the passage of

A bill to establish an assay office at New Orleans;
which was read first and second times, engrossed, read third time, and passed.

Also, a bill appropriating $850,000 to pay for ordnance, ordnance stores, and equipments, and estimates to 1st of April; which was read first and second times, engrossed, read third time, and passed.

Mr. Crawford, from the Committee on Commerce, reported back and recommended the passage of

A bill to authorize the change of the names of vessels in certain cases;
which was engrossed, read a third time, and passed.

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Mr. Avery, from the Committee on Military Affairs, to whom was referred the message of the President relative to the completion of the railroad from Selma, Ala., to Meridian, Miss., reported

A bill to provide for the completion of the railroad connection from Selma, Ala., to Meridian, in Mississippi;
which was read first, and second times, placed on the Calendar, and ordered to be printed, together with the message of the President relating thereto.

Also, a bill to provide for the construction of rolling mills, locomotives, and engines for naval purposes; which was read first and second times, was placed on the Calendar, and, together with the accompanying message, of the President, was ordered to be printed.

On motion of Mr. Avery, the report of Colonel Ashe and the resolutions of certain railroad corporations, accompanying the message of the President, were ordered to be printed.

Mr. Campbell, from the Committee on Territories, reported and recommended the passage of the following resolution; which was read and agreed to, to wit:

Resolved, That G. H. Oury be admitted to a seat upon this floor as a Delegate from the Territory of Arizona.

Mr. Perkins, from the Committee on Printing, to whom was referred a copy of a letter from the Secretary of the Treasury, addressed to the president and directors of the Bank of New Orleans, together with two other letters, addressed to Governor Moore, of Louisiana, and to the attorney-general, asking their cooperation with the Confederate Government in inducing the banks of Louisiana to suspend specie payments, reported that they had had under consideration the propriety of printing the same, and believing that to be the only question submitted to them, recommended that the same be not published; which was agreed to.

Congress then proceeded to the consideration of the unfinished business of yesterday; which was the motion of Mr. Toombs to strike out the first section of a, bill to amend the sequestration act.

Mr. Campbell announced the presence of Mr. Oury, a Delegate-elect from the Territory of Arizona, who came forward, was duly qualified, and took his seat.

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

Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

Congress, on motion of Mr. Chilton,

Adjourned until 12 o'clock m. to-morrow.

EXECUTIVE SESSION.

Congress being in executive session,

The Chair presented the following message from the President:

Richmond, January 24, 1862.

To the Congress of the Confederate States:

I nominate the officer on the accompanying letter to the rank affixed to his name, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.

B. R. Johnson, of Tennessee, as brigadier-general in the Provisional Army of the Confederate States of America, to take rank from date of confirmation.

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which was referred to the Military Committee, subsequently reconsidered, and B. R. Johnson confirmed.

Also, the following communication from the President:

Richmond, January 23, 1862.

To the Congress of the Confederate States:

The nomination of Reuben R. Ross, as lieutenant-colonel of the Eighth Kentucky Regiment, sent to Congress on the list. of December 17, 1861, not having been acted on, I desire to withdraw the same and to nominate H. B. Lyon, as lieutenant-colonel of the Eighth Kentucky Regiment, to take rank from the date of confirmation.

JEFFERSON DAVIS.

Mr. Waul moved that Congress consent to the withdrawal of the nomination of Reuben R. Ross.

The motion prevailed; and

H. B. Lyon was confirmed as lieutenant-colonel of the Eighth Kentucky Regiment.

The Chair also presented the following communication from the President:

Richmond, January 24, 1862.

To the Congress of the Confederate States:

I desire to withdraw the name of Seth M. Barton, of Virginia, nominated to Congress for confirmation as brigadier-general, on the list dated January 16, 1862.

JEFFERSON DAVIS.

Mr. Rhett moved that Congress consent to the withdrawal of the said nomination.

The motion prevailed.

The Chair presented the following message from the President, nominating officers in the Provisional Army of the Confederate States:

Richmond, January 24, 1862.

To the Congress of the Confederate States:

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

JEFFERSON DAVIS.

• TENTH ALABAMA REGIMENT, PROVISIONAL ARMY.
  • Lieutenant-colonel.
    • J. J. Woodward, of Alabama, to take rank December 20, 1861.
  • Major.
    • W. H. Forney, of Alabama, to take rank December 20, 1861.
• SIXTEENTH ALABAMA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • W. B. Wood, of Alabama, to take rank August 15, 1861.
  • Lieutenant-colonel.
    • John W. Harris, of Alabama, to take rank August 15, 1861.
  • Major.
    • Alexander H. Helvenston, of Alabama, to take rank August 15, 1861.
• TWENTY-FIFTH ALABAMA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • J. Q. Loomis, of Alabama, to take rank January 8, 1862.

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  • Lieutenant-colonel.
    • W. B. McClellan, of Alabama, to take rank January 8, 1862.
  • Major.
    • George D. Johnston, of Alabama, to take rank January 8, 1862.
• FIFTH ALABAMA BATTALION, PROVISIONAL ARMY.
  • Lieutenant-colonel.
    • Nicholas Davis, of Alabama, to take rank November 25, 1861.
  • Major.
    • W. D. Chadick, of Alabama. to take rank October 29, 1861.
• FIRST FLORIDA BATTALION, PROVISIONAL ARMY.
  • Lieutenant-colonel.
    • Joseph Finegan, of Florida, to take rank January 14, 1862.
• EIGHTH GEORGIA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • L. M. Lamar, of Georgia, to take rank November 14, 1861.
  • Lieutenant-colonel.
    • John R. Towers, of Georgia, to take rank November 14, 1861.
  • Major.
    • E. J. Magruder, of Georgia, to take rank November 14, 1861.
• THIRTEENTH GEORGIA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • Walton Ector, of Georgia, to take rank July 8, 1861.
  • Lieutenant-colonel.
    • Marcellus Douglass, of Georgia, to take rank July 8, 1861.
  • Major.
    • James M. Smith, of Georgia, to take rank July 8, 1861.
• THIRTY-FIFTH GEORGIA REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • E. L. Thomas, of Georgia, to take rank October 15, 1861.
  • Lieutenant-colonel.
    • Gustavus A. Bull, of Georgia, to take rank October 15, 1861.
  • Major.
    • Bolling H. Holt, of Georgia, to take rank October 15, 1861.

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• FOURTH LOUISIANA BATTALION, PROVISIONAL ARMY.
  • Major.
    • John McEnery, of Louisiana, to take rank January 10, 1862.
• ZOUAVE BATTALION, LOUISIANA, PROVISIONAL ARMY.
  • Second lieutenants.
    • Jules Dupuy, of Louisiana, to take rank December 3, 1861; Eugene Hardy, of Louisiana, to take rank January 13, 1862.
• TWENTY-FIFTH MISSISSIPPI REGIMENT, PROVISIONAL ARMY.
  • Colonel.
    • John D. Martin, of Mississippi, to take rank August 10, 1861.
  • Lieutenant-colonel.
    • Edward F. McGehee, of Mississippi, to take rank August 10, 1861.
  • Major.
    • T. H. Mangum, of Mississippi, to take rank August 10, 1861.
  • Brigade quartermasters, with rank of major.
    • Henry Hill, of Virginia; W. H. Govan, of Arkansas; William F. Nance, of South Carolina; P. M. Leath, of Kentucky; J. L. Morgan, of--; David Sullens, of Tennessee; L. O. Bridewell, of Arkansas; A. H. Cole, of Florida.
  • Assistant quartermasters, with rank of captain.
    • W. M. Cargill, of Kentucky; John Sinclair, of Virginia; J. M. Adams, of South Carolina; Robert W. Reed, of Virginia; W. S. Rogers, of Kentucky; William A. Eliason, of North Carolina; A. M. Ward, of Arkansas; H. S. Crawford, of Georgia; Napoleon B. Mardis, of Alabama; William M. Harrison, of Texas; James F. Gresham, of Mississippi; Jerome C. Cornwell, of Tennessee; A. Coppens, of Louisiana; William M. Price, of Arkansas; William W. West, of Texas; C. G. Merritt, of Virginia; R. M. Mason, of Tennessee; Giles L. Cobb, of Kentucky; S. F. Turbeville, of Tennessee; R. A. Hutcherson, of Tennessee; T. H. Tutwiler, of Virginia.
  • Brigade commissaries, with rank of major.
    • Charles F. Force, of Alabama; James Dawson, of Texas; John Reid, of Missouri; John F. Edwards, of Georgia.
  • Assistant commissaries, with rank of captain.
    • J. H. Cowan, of Tennessee; David Lewis, of Florida; J. H. Butt, of Alabama; J. B. Read, of--; R. E. Cowan, of Virginia; James F. Moffett, of Tennessee; John Walker, of Mississippi; William W. Fayette, of South Carolina; Wiley G. Kirby, of Tennessee; Joel J. Vandiver, of Alabama; Thomas J. Santley, of Texas.
  • Chaplains.
    • James B. Simpson, of North Carolina; Thomas Hume, of Virginia; R. F. Bunting, of Texas; H. C. Cheatham, of North Carolina.
  • Adjutants, with rank of first lieutenant.
    • W. H. Wall, of Mississippi, to take rank December 10, 1861; William Bell, jr., of Kentucky, to take rank December 1, 1861; E. Badger, of Florida, to take rank September 29, 1861; C. S. Douglas, of Tennessee, to take rank October 22, 1861;

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      W. L. Moon, of Alabama, to take rank January 13, 1862; Thomas Massenberg, of Virginia, to take rank January 4, 1862; George A. Merrick, of Arkansas, to take rank January 18, 1862; William D. Jones, of North Carolina, to take rank January 18, 1862; Jonathan Stout, of Alabama, to take rank January 18, 1862; John J. Spann, of North Carolina, to take rank January 18, 1862; A. Tunstall, jr., of Virginia, to take rank December 3, 1861; Thomas M. Scott, of Texas, to take rank November 21, 1861; Greenlee Butler, of Georgia, to take rank December 1, 1861.

  • Aids-de-camp, with rank of first lieutenant.
    • J. T. Tosh, of Virginia, to take rank January 4, 1862; J. Barroll Washington, of Maryland, to take rank August 31, 1861; Langdon C. Haskell, of South Carolina, to take rank January 18, 1862; Miles C. Selden, jr., of Virginia, to take rank January 22, 1862.
• ADJUTANT-GENERAL'S DEPARTMENT.
  • Captains.
    • George G. Garrison, of Virginia, to take rank January 4, 1862; J. Shelby Williams, of Tennessee, to take rank January 10, 1862: Henry A. Whiting, of Alabama, to take rank November 28, 1861; Henry Bryan, of Virginia, to take rank January 14, 1862; Robert C. Newton, of Arkansas, to take rank December 1, 1861; Alexander C. Haskell, of South Carolina, to take rank January 18, 1862.

The communication was referred to the Committee on Military Affairs.

Mr. House moved the confirmation of J. Shelby Williams, of Tennessee, as assistant adjutant-general, with rank of captain; which was agreed to, and the nomination confirmed.

The following message was received from the President, submitting nominations for appointment in the Army of the Confederate States of America:

Richmond, January 24, 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.

• CORPS OF ARTILLERY.
  • First lieutenants.
    • Abner Smead, of Georgia, to take rank March 16, 1861; John O. Long, of Georgia, to take rank March 16, 1861; James H. Hill, of South Carolina, to take rank March 16, 1861; R. C. Hill, of North Carolina, to take rank March 16, 1861; F. S. Armistead, of Virginia, to take rank March 16, 1861; O. K. McLemore, of Alabama, to take rank March 16, 1861; Samuel M. Cooper, of Virginia, to take rank March 16, 1861; G. H. Hill, of North Carolina, to take rank March 16, 1861; J. R. Waddy, of Virginia, to take rank March 16, 1861; James Howard, of Maryland, to take rank March 16, 1861; A. S. Cunningham, of the District of Columbia, to take rank March 16, 1861; R. H. Anderson, of Georgia, to take rank March 16, 1861; Lafayette Peck, of Tennessee, to take rank March 16, 1861; R. K. Meade, jr., of Virginia, to take rank March 16, 1861; William Proctor Smith, of Virginia, to take rank March 16, 1861; Joseph Dixon, of Tennessee, to take rank March 16, 1861; John S. Saunders, of Virginia, to take rank March 16, 1861 Leroy Napier jr. of Georgia, to take rank March 16, 1861; Moses H. Wright, of Tennessee, to take rank March 16, 1861; W. W. McCreery, of Virginia, to take rank March 16, 1861; Stephen D. Ramseur, of North Carolina, to take rank March 16, 1861; Wade H. Gibbes, of South Carolina, to take rank March 16, 1861; Briscoe G. Baldwin, of Virginia, to take rank March 16, 1861; R. B. Thomas, of Tennessee, to take rank March 16, 1861; Daniel Trueheart, of Virginia, to take rank April 27, 1861; Theodore Moreno, of Florida, to take rank April 27, 1861; Joseph A. Yates, of South Carolina, to take rank May 18, 1861; Benjamin Allston, of South Carolina, to take rank March 16, 1861; G. Thomas Getty, of Virginia, to take rank July 11, 1861; George U. Mayo, of Virginia, to take rank July 19. 1861; George Strong Storrs, of Alabama, to take rank October 4, 1861; James W.

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      Archer, of Virginia, to take rank October 5, 1861; T. M. R. Talcott, of Virginia, to take rank October 7, 1861; Jacob Culbertson, of Kentucky, to take rank October 16, 1861; C. S. Venable, of South Carolina, to take rank October 18, 1861; N. S. Finney, of Georgia, to take rank October 25, 1861; E. Cunningham, of Virginia, to take rank October 29, 1861; E. W. Rucker, of Tennessee, to take rank November 4, 1861; William B. Selden, of Virginia, to take rank November 9, 1861; J. J. Legare, of South Carolina, to take rank November 16, 1861; H. L. Ingraham, of South Carolina, to take rank November 16, 1861.

The message and accompanying nominations were referred to the Committee on Military Affairs.

Another message was received from the President; which is as follows:

Richmond, January 24, 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.

• CORPS OF INFANTRY.
  • Captains.
    • Alexander E. Steen, of Missouri, to take rank March 16, 1861; Alfred E. Latimer, of South Carolina, to take rank March 16, 1861.
  • First lieutenants.
    • William Kearny, of Kentucky, to take rank March 16, 1861; John G. Taylor, of Kentucky, to take rank March 16, 1861; Nat Wickliffe, of Missouri, to take rank March 16, 1861; John R. Cooke, of Missouri, to take rank March 16, 1861; A. M. Haskell, of the District of Columbia, to take rank March 16, 1861; J. K. McCall, of Tennessee, to take rank March 16, 1861; William E. Burnet, of Texas, to take rank March 16, 1861; J. H. Holman, of Tennessee, to take rank March 16, 1861; Edward Dillon, of Virginia, to take rank March 16, 1861; D. H. Todd, of Louisiana, to take rank April 27, 1861; John Johns, of Virginia, to take rank April 27, 1861; Thomas Overton, of Louisiana, to take rank April 27, 1861; William Knox, jr., of Alabama, to take rank April 27, 1861; Waters W. Herbert, of South Carolina, to take rank April 27, 1861; George G. Garner, of Louisiana, to take rank May 20, 1861; Junius A. Law, of Alabama, to take rank May 20, 1861; Towson Ellis, of Louisiana, to take rank May 20, 1861; Benjamin Huger, jr., of South Carolina, to take rank May 20, 1861; Peyton Randolph, of Alabama, to take rank May 21, 1861; John L. Branch, of Georgia, to take rank May 22, 1861; F. C. Zacharie, of Louisiana, to take rank June 20, 1861; Llowellyn G. Hoxton, of Virginia, to take rank June 26, 1861; C. E. Patterson, of Arkansas, to take rank June 26, 1861; W. Orton Williams, of Virginia, to take rank July 1, 1861; Edmond Taylor, of Virginia, to take rank July 8, 1861; Walter H. Taylor, of Virginia, to take rank July 16, 1861; Dudley M. Du Bose, of Georgia, to take rank July 19, 1861; Oscar White, of Florida, to take rank July 19, 1861; G. G. Otey, of Virginia, to take rank September 5, 1861; Henry Bolton, of Virginia, to take rank October 7, 1861; Thomas T. L. Snead, of Virginia, to take rank October 9, 1861; Augustus Forsberg, of Virginia, to take rank October 11, 1861; A. C. Godwin, of Virginia, to take rank October 18, 1861; W. B. Richmond, of Tennessee, to take rank November 10, 1861; E. Taliaferro, of Virginia, to take rank November 11, 1861.

The nominations were referred to the Committee on Military Affairs.

Mr. Hale, from Committee on Military Affairs, to whom was referred the message of the President of January 17, nominating major and brigadier generals, reported the same back, with the recommendation that Richard S. Ewell be confirmed major-general and James McIntosh brigadier-general.

Congress advised and consented to the same.

Mr. Hale, from same committee, to whom was referred the nominations of the President of January 14, reported the same back, with the recommendation that the nominations be confirmed.

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On motion, Congress advised and consented to the confirmation of the officers as nominated.

Congress then resumed business in legislative session.

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