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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-EIGHTH DAY--FRIDAY, January 31, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
FIFTY-EIGHTH DAY--FRIDAY, January 31, 1862.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Baker.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

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

Congress then proceeded to the consideration of the unfinished business of the morning hour; which was the consideration of the amendment of Mr. Perkins to the resolution offered by Mr. Howell Cobb.

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And Mr. Cobb having modified his resolution by accepting the amendment of Mr. Perkins, withdrew his call for the yeas and nays, and the question being upon agreeing to the resolution as modified, the vote was taken, and the resolution was adopted, and is as follows, to wit:

Resolved, That the Committee on Printing be instructed to prepare and report a bill providing for the future publication of the journal of the convention that adopted the provisional and permanent Constitutions of the Confederate States of America.

Mr. Foreman presented the presentment of the grand jury of the district court of Georgia; which was referred to the Committee on the Judiciary, without being read.

Mr. Perkins presented two designs for a flag; which were referred to the Committee on Flag and Seal of the Confederacy.

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

Resolved, That the Committee on the Flag and Seal of the Confederacy be instructed to inquire into the propriety of so changing the Confederate flag as to make it more easy to be distinguished from that of the United States.

Mr. Bradford presented a communication relative to a change of weights and measures; which was referred to the Committee on Commercial and Financial Independence, without being read.

Mr. Brooke introduced

A bill to reimburse the State of Mississippi;
which was read first and second times and referred to the Committee on Finance.

Mr. Vest introduced

A bill supplementary to and amendatory of an act for the relief of the State of Missouri;
which was read first and second times and referred to the Committee on Military Affairs.

Mr. Cooke presented

A bill to encourage enlistments for the Confederate Army in the State of Missouri;
which was read first and second times and referred to the Committee on Military Affairs.

Mr. Harris presented a design for a flag; which was referred to the Committee on the Flag and Seal of the Confederacy.

Mr. Waul moved to reconsider the vote by which a bill to establish and organize a general staff for the Army of the Confederate States was indefinitely postponed.

Mr. Currin introduced

A bill to establish a post route from Shelby Depot, in Shelby County, Tenn., to the town of Portersville, in Tipton County, Tenn.;
which was read first and second times and referred to the Committee on Postal Affairs.

Mr. Ochiltree moved to take up for consideration a bill on the Calendar to fix the rank and to provide for the pay of certain officers therein named.

The motion was not agreed to.

Mr. Foreman moved to reconsider the vote just taken.

The motion to reconsider did not prevail.

Mr. Boyce offered

A resolution instructing the Committee on the Judiciary to inquire as to the expediency of prohibiting members of Congress and Government

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officers and agents from making and being interested in Government contracts, etc.;
which was read and agreed to.

Mr. Orr presented the memorial of Samuel W. Dalton; which was referred to the Committee on Claims, without being read.

Mr. Harris of Mississippi introduced

A bill entitled "An act supplemented to an act entitled 'An act [sic.]; which was read first and second times and referred to the Committee on Military Affairs.

Mr. Boteler presented a design for a flag; which was referred to the Committee on the Flag and Seal of the confederacy.

Also, the memorial of Thomas Maslin; which was referred to the Committee on Claims, without being read.

Mr. Macfarland presented a design for a flag; which was referred to the Committee on the Flag and Seal of the Confederacy.

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

Resolved, That the Committee on Military Affairs be instructed to prepared and report a bill for the digesting and publishing, with a proper index, of all the laws adopted by the Congress of the Confederate States on the subject of raising and equipping troops, and the regulations adopted by the War Department regulating the recruiting service, in such number as may meet the exigencies of the public service.

Executive Department,
Richmond, January 31, 1862.

Mr. President: The President on yesterday approved and signed

An act to transfer funds from the Quartermaster's to the Ordnance Department.

ROBERT JOSSELYN,
Private Secretary.

Congress then proceeded to the consideration of the unfinished business; which was the consideration of the proviso offered by Mr. Pryor to a bill to provide for an increase of the Quartermaster and Commissary Departments.

Mr. Hale moved to amend the amendment of Mr. Pryor by inserting after the word "persons" the words "with the consent of the person so detailed."

The amendment was agreed to.

And the question being upon agreeing to the amendment as amended, the vote was taken, and the same was adopted.

Mr. Conrad moved to amend by striking out the words "transportation service or any other service required to promote the efficiency of the Army."

The amendment was agreed to.

And the question recurring upon the substitute offered by Mr. Howell Cobb,

Mr. Toombs moved to amend the same by adding thereto the proviso offered by Mr. Pryor.

The amendment was agreed to.

And the question recurring upon agreeing to the substitute as amended,

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

• Alabama--Yea: Messrs. Curry, Chilton, and Jones. Nay: Messrs. Smith, Hale, and McRae.

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• Arkansas--Yea: Messrs. Johnson, Rust, Garland, and Watkins. Nay: Mr. Thomason.
• Florida--Yea: Messrs. Morton and Owens.
• Georgia--Yea: Messrs. Toombs. Howell Cobb, Foreman, Crawford, Bass, and T. R. R. Cobb. Nay: Mr. Kenan.
• Kentucky--Yea: Messrs. Monroe, H. C. Burnett, Thomas, and Elliott. Nay: Mr. Johnson.
• Louisiana--Nay: Messrs. Perkins, De Clouet, and Conrad.
• Mississippi--Nay: Messrs. Harris, Brooke, Bradford, Harrison, and Campbell.
• Missouri--Yea: Messrs. Clark, Harris, Conrow, and Vest. Nay: Mr. Peyton.
• North Carolina--Yea: Messrs. Puryear and Craige. Nay: Messrs. Davis, Avery, Ruffin, Venable, Morehead, and Davidson.
• South Carolina--Yea: Messrs. Rhett, Barnwell, and Boyce.
• Tennessee--Yea: Messrs. Jones and De Witt. Nay: Mr. Thomas.
• Texas--Yea: Mr. Oldham. Nay: Messrs. Waul and Ochiltree.
• Virginia--Yea: Messrs. Seddon, Macfarland, Bocock, Boteler, Brockenbrough, and Walter Preston. Nay: Messrs. Johnston and Staples.

Yea: Arkansas, Florida, Georgia, Kentucky, Missouri, South Carolina, Tennessee, and Virginia, 8.

Nay: Louisiana, Mississippi, North Carolina, and Texas, 4.

Divided: Alabama, 1.

So the substitute as amended was adopted.

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

And the title of the same, on motion of Mr. H. C. Burnett, was amended by striking out the whole of the same and inserting in lieu thereof the words:

To require brigade quartermasters to perform the duties of paymasters in the Army, and for other purposes.

Mr. Harris of Mississippi moved to reconsider the vote on the passage of the bill.

Also, to reconsider the vote by which the Congress refused to order to be engrossed for a third reading

A bill to provide for connecting the Richmond and Danville and the Greensborough Railroads in North Carolina, for military purposes.

Congress then proceeded to the consideration of the special order of the day; which was the amendment of Mr. Monroe to the first section of a bill to amend the sequestration act, etc.

On motion of Mr. Toombs, and by unanimous consent, Congress proceeded to consider the motion of Mr. Pryor to reconsider the vote on the passage of

A bill to provide for granting furloughs in certain cases.

And the vote being taken, the motion to reconsider did not prevail.

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

The Chair presented a communication from the President, transmitting to Congress the report of the battle of Chustenahlah; which was referred to the Committee on Military Affairs.

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

On motion of Mr. Kenner,

Congress then adjourned until 12 o'clock m. to-morrow.

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EXECUTIVE SESSION.

Congress being in executive session,

The Chair laid before Congress the following message of the President:

Richmond, January 28, 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.

MEDICAL DEPARTMENT.
• Surgeons.
  • A. J. Foard, of Georgia; Edwd. A. Flewellen, of Georgia; William D. Lyles, of Mississippi; A J Semmes of Louisiana; Joseph R. Hill, of Mississippi W. S. Mitchell, of Louisiana; Robert Battey, of Georgia; J. W. Hutchings, of North Carolina; A. J. Sykes, of Alabama; J. W. Powell, of South Carolina; U. R. Jones, of Alabama; Robert E. Moore, of Alabama; J. F. Moore, of Mississippi; S. E. Habersham, of Georgia; M. S. Thomas, of Maryland; E. Lloyd Howard, of Virginia; William Hay, of Virginia; Robert P. Page, of Virginia; H. R. Noel, of Virginia; James Parrish, of Virginia; A. M. Fauntleroy, of Virginia; James T. Johnson, of North Carolina; N. S. Crowell, of South Carolina; James C. Herndon, of Virginia; Thomas F. Maury, of Virginia; J. M. Green, of Georgia; W. H. Anderson, of Alabama; Robinson Miller, of Alabama; James T. Reese, of Alabama; Robert H. Redwood, of Alabama; Nathaniel Friend, of Alabama; John B. Barnette, of Alabama; A. S. Baldwin, of Florida: John H. McAden, of North Carolina; Paul C. Lee, of Alabama; William H. Philpot, of Georgia; J. F. Bell, of Louisiana; Charles Brewer, of Maryland; Edwd. N. Covey, of Maryland; Stokes A. Smith, of Louisiana; Carey B. Gamble, of Florida; J. McF. Gaston, of South Carolina; J. H. Claiborne, of Virginia James Dunn of Virginia R. P. Walton, of Virginia; C. W. Chancellor, of Virginia; G. W. Thornhill of Virginia; William J. Moore, of Virginia; George W. Briggs of Virginia; J. S. Wellford, of Virginia; William M. Wilson, of Virginia; J. F. Grall, of Louisiana; William F. Camp, of Mississippi; O. Metcalfe, of Virginia; J. A. Straith, of Virginia; Felix Formento, of Louisiana; James F. Huestis, of Alabama; James C. Mullins, of South Carolina; David E. Ewart, of South Carolina; John C. Cummings, of Tennessee Richard Potts, of Maryland; Robert L. Brodie, of South Carolina; N. Chaffee, of Mississippi; H. Estes, of Missssippi; John R. Page, of Virginia; A. H. Snead, of Virginia; Eli Geddings, of South Carolina; F. M. Robertson, of South Carolina; Charles B. Morton, of Virginia; Isham R. Page, of Virginia; J. S. Tanner, of Virginia; W. B. Davies, of Virginia; Marion Howard, of Virginia; John J. Gaenslen, of Virginia; D. H. Tucker, of Virginia; S. R. Sayers, of Virginia; J. Hunter Berrien, of Georgia; Alexander Jones, of Texas.
• Assistant surgeons.
  • Egbert B. Johnston, of Alabama; Henry F. Andrews, of Georgia; P. W. Park, of Alabama; H. F. Butt, of Virginia; T. A. Means, of Georgia C. A. Rice, of Mississippi; W. H. Sanders, of Alabama; W. B. Gregory, of Alabama; J. W. Caldwell, of North Carolina; W. A. Robertson, of Louisiana; G. L. Jones, of Georgia; Le Grand G. Capers, of Georgia; Thomas B. Ward, of Virginia; Thomas R. Micks, of North Carolina; E. B. Perrin, of Alabama; R. K. Carter, of Virginia; Henry A. Minor, of Virginia; James Thornley, of Virginia; James D. Galt, of Virginia; John Clopton, of Virginia; A. H. Powell, of Virginia; Colby Cowherd, of Virginia; J. W. McIlhany, of Virginia; E. M. Watts, of Virginia; H. J. Means, of Mississippi; J. M. Rogers, of Mississippi; J. W. D. Hill, of Mississippi; J. H. Bloxom, of Mississippi; Richard Burnham, of South Carolina; J. F. Darroh, of South Carolina; W. D. Chapman, of Virginia; George Allen, of Mississippi; James Semple, of--; John B. Kelly, of Alabama; S. W. Archer, of Virginia; J. H. Morton, of Tennessee; P. G. Robinson, of South Carolina; J. A. S. Milligan, of Georgia; J. B. Ficklen, of Georgia; L. M. Austin, of South Carolina; J. B. Coakley, of Virginia; F. L. Frost, of South Carolina; Thomas B. Lane, of Virginia; G. W. Graves, of Alabama; W. J. Barry, of Virginia; C. D. Fletcher, of Virginia; W. S. Love, of Louisiana; J. F. Davis, of--; V. L. Perry, of Maryland; B. St. George Tucker, of Virginia; Edward Rives, of Virginia; James H. Gaskins, of Virginia; F. T Fry, of Virginia; Harold Snowden, of Virginia; H. C.

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    Chalmers, of Virginia; William M. Turner, of Virginia; Tomlin Braxton, of Virginia; John C. Baylor, of Virginia; Herbert M. Nash, of Virginia; A. T. Bell, of Virginia; T. H. Fisher, of Virginia; B. M. Lebby, of. Tennessee; J. V. Sears, of Alabama; Willis W. Keith, of South Carolina; T. H. Wingfield, of North Carolina; William H. Mosely, of Florida; B. F. Blount, of Alabama; H. F. Witherspoon, of Louisiana; E. M. Seabrook, of South Carolina; F. L. Parker, of South Carolina; John M. Richmond, of South Carolina; Edmund Mason, of Virginia; R. M. Terrill, of Virginia; G. A. D. Galt, of Virginia; J. Washington Ashby, of Virginia; Landon A. Woodson, of Virginia; P. S. Dance, of Virginia; W. F. De Witt, of Georgia; J. C. Farley, of Alabama; J. D. Morgan, of Alabama; Thomas W. Upshur, of Virginia; W. T. Merritt of Virginia; Francis A. Walke, of Virginia; W. M. Morris, of Virginia; John S. Wharton, of Virginia; R. V. Leach, of Maryland; D. L. McLaughlin of Maryland; J. J. O'Donnell, of Maryland; Franklin J. White, of Virginia; L. U. Mayo, of Virginia; John E. Logan, of North Carolina; George T. Harrison, of Virginia; V. W. Harrison of Virginia; J. P. Wall, of Florida; James S. Gilliam, of Virginia; J. G. Trevilian, of Virginia; J. E. Hall, of Virginia; T. B. Wilkerson, of North Carolina; Charles Selden, of Virginia; W. H. Prioleau, of South Carolina; P. G. Valentine, of Kentucky; A. R. Barry, of Maryland; Daniel W. Schmidt, of Georgia; William G. Hancock, of North Carolina; Benjamin M. Cromwell, of--; Lewis E. Gott, of Maryland: T. O. Barnwell, of South Carolina; H. W. Moore, of Virginia; W. J. Holt, of Georgia; J. S. Herron, of Florida; James Purviance, of Louisiana; R. B. S. Hargis, of Mississippi; J. A. Shelby, of Mississippi; R. A. Cole, of Mississippi; S. A. Holt. of Mississippi; J. L. Carter, of Mississippi; George Ross, of Virginia; T. L. Robinson, of Virginia: N. G. West. of Virginia; M. N. Fleming, of Virginia: John T. Jones. of Virginia; T. A. Michie, of Virginia; R. A. B. Munson, of Virginia; W. H. Peck, of Alabama; F. D. Wheelwright, of Virginia; W. L. Baylor, of Virginia; W. H. Baptist, of Alabama; G. G. Mathews, of Alabama; Mathew Turner, of Alabama; A. S. Murphy, of Alabama; J. P. Hope, of Virginia; J. C. Mobley, of South Carolina; P. B. Baker, of Virginia; Junius Michie, of Virginia; Robert M. Evans, of Tennessee; W. W. Hamner, of Virginia; J. C. Brown, of Virginia; H. V. Gray, of Virginia; Joseph Crockett, of Virginia; Elvis McCrory, of Mississippi; James M. Hoyle, of Mississippi; W. H. Burton, of Mississippi; W. A. Collins, of Mississippi; W. A. Thompson, of--;T. J. L. De Yampert, of Mississippi; K. C. Divine, of Mississippi; James Guild, of Alabama; Frank Hawthorn, of Alabama; Thomas E. Williams, of Virginia; J. T. Spencer, of Virginia; L. L. Strozer, of Georgia; J. M. Rust, of Virginia; William H. Taylor, of Virginia; H. F. Andrews, of Georgia; W. R. Putney, of Virginia; M. Ritenour, of Virginia; T. C. Montague, of Virginia; Thomas Gaddis, of Virginia; F. L. Bronaugh, of Virginia; W. E. Kemble, of Virginia; A. Howard Scott, of Virginia; George G. Griffin, of Georgia; T. L. Taylor, of Virginia; J. W. Hall, of North Carolina; Benjamin H. Riggs, of Alabama; Robert F. Matting, of Alabama; B. S. Barnes, of Alabama; R. D. Bagnall, of Virginia.

The nominations were referred to the Committee on Military Affairs.

Congress then resumed business in legislative session.

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