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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 --SATURDAY, October 11, 1862.
OPEN SESSION.
Mr. Clay (by leave) introduced
A bill (S. 125) to equalize the salary of the assistant attorney-general with that of other assistant secretaries and the chiefs of bureaus;
which 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.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 41) supplemental to an act entitled "An act to authorize the Secretary of the Treasury to pay district, collectors in certain cases," approved April 11, 1862, reported it without amendment.
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The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 41) last mentioned; 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.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 43) to reduce the rate of interest on the funded debt of the Confederate States, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 43) last mentioned.
On the question to agree to the following reported amendment viz: Strike out, section 1, line 5, the word six and insert "seven,"
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Davis, Dortch, Haynes, Henry, Hunter, Lewis, Preston, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Clark, Clay, Mitchel, Oldham, and Phelan.
The remaining reported amendments were then agreed to.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate:
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the joint resolution (H. R. 15) of thanks to Maj. Gen. John Bankhead Magruder and the officers and men of the late Army of the Peninsular, reported it without amendment.
On motion by Mr. Sparrow,
Ordered, That it lie on the table.
Mr. Sparrow, from the Committee on Military Affairs, reported
A bill (S. 126) to regulate and fix the pay of cadets in the service of the Confederate States;
which 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.
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Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Haynes, from the Committee on the Judiciary, to whom was referred the message of the President on the subject, reported a bill (S. 127) to authorize the President to make certain appointments during the recess of the Senate; which 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.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Phelan (by leave) introduced
A bill (S. 128) to amend an act in relation to public printing, approved February 27, 1861;
which 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.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred a communication from the Secretary of the Treasury submitting certain estimates for the Post-Office Department, reported the same.
Ordered, That it be referred to the Committee on Finance.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 21) to authorize the formation of volunteer companies for local defense.
On motion by Mr. Phelan, to amend the bill by striking out, in the third line, the words "invaded by the enemy;" by inserting after the word "twenty," in the fourth line, the words "who are over the age of forty-five years, or otherwise not liable to military duty;" and by striking out all after the word "companies," in the eighteenth line, to and including the word "President," in the twenty-third line,
It was determined in the affirmative.
On motion by Mr. Clark, to amend the bill by inserting after the word "companies," in the eighteenth line, the following proviso:
Provided, That in the States and districts in which the act entitled "An act to further provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, and the acts amendatory thereof, have been suspended, persons of any age, resident within such States or districts, may volunteer and form part of such companies so long as such suspension may continue,
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
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Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill of the Senate (S. 124) to increase the pay of clerks in the several Departments, with an amendment; in which they request the concurrence of the Senate.
The bill (H. R. 46) making appropriations for the support of the Government for the month of January, 1863, and for certain deficiencies and other purposes therein mentioned, communicated this day from the House of Representatives for concurrence, was read the first and second times and referred to the Committee on Finance.
The bill (H R. 47) to increase the salaries of route agents for the mail, communicated this day from the House of Representatives for concurrence, was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
The bill (H. R. 45) to relieve the Army of ignorant and incompetent officers, communicated this day from the House of Representatives for concurrence, was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Orr, to amend the bill by inserting, section 3, line 6, after the word "honorably," the words "without pay or allowances,"
Mr. Henry demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
On motion by Mr. Preston, to amend the bill by striking out the preamble thereto,
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
On motion by Mr. Orr, the title was amended to read: "An act to relieve the Army of disqualified, disabled, and incompetent officers."
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 46) making appropriations for the support of the Government for the month of January, 1863, and for certain deficiencies and other purposes therein mentioned, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 46) last mentioned; 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.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Orr, that the vote on the passing of the bill (S. 127) to authorize the President to make certain appointments during the recess of the Senate be reconsidered,
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It was determined in the negative.
Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled the following bills:
The President pro tempore having signed the enrolled bills 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 Confederate States for his approval.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
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.
The House of Representatives have passed a bill of the Senate (S. 83) to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861, with amendments; in which they request the concurrence of the Senate.
The House of Representatives have refused to pass a bill of the Senate (S. 112) to authorize the Vice-President of the Confederate States to employ a secretary.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 124) to increase the pay of clerks in the several Departments; and
Resolved, That they disagree thereto.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Johnson,
Ordered, That the Senate take a recess until 6 o'clock p. m.
6 O'CLOCK P. M.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives agree to the amendment of the Senate to the bill (H. R. 30) to establish certain post routes therein named, with an amendment; in which they ask the concurrence of the Senate.
The House of Representatives agree to the amendments of the Senate to the bill (H. R. 45) to relieve the Army of ignorant and incompetent officers; and to the amendments of the Senate to the bill (H. R. 43) to reduce the rate of interest on the funded debt of the Confederate States.
The House of Representatives have passed bills of the following titles; in which they ask the concurrence of the Senate:
The House of Representatives have passed the bill of the Senate (S. 57) to punish and repress the importation by our enemies of notes purporting to be notes of the Treasury of the Confederate States, with an amendment; in which they request the concurrence of the Senate.
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They have also passed a bill of the Senate (S. 102) establishing the seal of the Confederate States of America, with an amendment; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.
On motion by Mr. Clay,
The Senate resolved into executive session.
The doors having been opened,
Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled the following bills:
The President pro tempore having signed the enrolled bills 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 Confederate States for his approval.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: I am directed by the House of Representatives to request the Senate to return to the House the bills (S. 112) authorizing the Vice-President of the Confederate States of America to employ a secretary.
The Senate proceeded to consider the said message; and
On motion by Mr. Orr,
Ordered, That the bill (S. 112) be returned to the House of Representatives, agreeably to their request.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the following bills from the Senate:
The House of Representatives have passed a bill (H. R. 52) to provide for the temporary organization of forces for the Provisional Army of the Confederate States in the States or parts of States which are invaded and occupied by the forces of the enemy; in which they request the concurrence of the Senate.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have agreed to the amendment of the Senate to the bill (H. R. 21) to authorize the formation of volunteer companies for local defense.
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The House of Representatives insist on their amendment to the bill (S. 124) to increase the pay of clerks in the several Departments. disagreed to by the Senate, ask a conference on the disagreeing votes of the two Houses, and have appointed Mr. Baldwin of Virginia, Mr. Jones of Tennessee, and Mr. Dupré of Louisiana as managers of the same on their part.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 124) last mentioned, insisted on by that House; and
Resolved, That they insist on their disagreement to the said amendment and agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses.
On motion by Mr. Orr,
Ordered, That the committee of conference on the part of the Senate consist of three members, to be appointed by the President pro tempore of the Senate; and
Mr. Orr, Mr. Phelan, and Mr. Clark were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.
The House of Representatives have passed the following bills of the Senate:
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed four enrolled bills, I am directed to bring them to the Senate for the signature of their President.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled the following bills:
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A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S 124) to increase the pay of clerks in the several Departments.
Mr. Orr, from the committee appointed on the part of the Senate on the disagreeing votes of the two Houses on the bill (S. 124) to increase the pay of clerks in the several Departments, reported that they have met the conferees on the part of the House of Representatives, and after full and free conference have agreed to recommend and do recommend to the respective Houses, as follows:
That the Senate recede from their disagreement to the House amendment.
And that the two Houses agree to the House amendment with the following amendments, viz:
In line 5 strike out the word "residing" and insert "employed."
In line 7, after the word "salaries," insert "or compensation."
In line 16, after the word "dollars," insert "and all now receiving fifteen hundred dollars shall receive seventeen hundred and fifty dollars."
The Senate proceeded to consider the report; and
On motion by Mr. Orr,
Resolved, That they agree to the report, and that the bill be amended accordingly.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Sparrow,
Ordered, That when the Senate adjourn it be to 9 o'clock on Monday.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
To the Senate and House of Representatives of the Confederate States of American:
The importance, it might properly be said necessity, of a measure which has heretofore been recommended induces me at this time to renew the request for your attention to the want of some provision by which brigadier and major generals may be appointed when by the casualties of service commanders of brigades and divisions have become temporarily disabled.
Under the law as it now stands if a brigadier be wounded the command of the brigade devolves upon the senior colonel, who may or may not be competent for such command, but whose presence is required with his regiment, and, most of all, under the circumstances usually existing where casualties like that referred to occur.
To illustrate this necessity I will cite an instance of an army corps from which seven brigadiers are now absent, six of whom have been recently wounded.
There is an obvious objection to multiplying the number of general officers, but it may be readily removed by providing for the subsequent reduction whenever there are supernumeraries present for duty; and I would suggest that the determination as to who should be discharged might be made to depend upon the inquiry and report of an army board to be organized according to established law and usage.
JEFFERSON DAVIS.
Executive Office,
Richmond, October 10, 1862.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Brown,
The Senate adjourned until Monday morning at 9 o'clock.
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SECRET SESSION.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have passed a bill (H. R. --) to provide for the defense of the Tennessee and Cumberland rivers; in which they request the concurrence of the Senate.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: 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. Mitchel, from the committee, reported that they had examined and found truly enrolled the following bill:
On motion by Mr. Mitchel,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 10th instant) the nominations of James Longstreet, E. Kirby Smith, Leonidas Polk, T. J. Jackson, to be lieutenant-generals, reported, with the recommendation that said nominations he confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 10th instant) the nomination of W. J. Hardee to be lieutenant-general, reported, with the recommendation that the consideration of said nomination be postponed until the next session of Congress.
The Senate proceeded to consider said report; and
After debate,
On the question,
Will the Senate postpone the consideration of this nomination till the next session of Congress?
It was determined in the negative.
On the question,
Will the Senate advise and consent to the nomination of W. J. Hardee to be lieutenant-general?
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Clark, Clay, Dortch, Hunter, Johnson, Lewis, Mitchel, Orr, Peyton, Phelan, and Semmes.
Those who voted in the negative are,
Messrs. Henry, Oldham, Preston, Sparrow, and Wigfall.
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So it was
Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 10th instant) the nomination of John C. Pemberton to be lieutenant-general, reported, with the recommendation that the consideration of said nomination be postponed until the next session of Congress.
The Senate proceeded to consider said report; and,
After debate,
On the question,
Will the Senate postpone the consideration of this nomination until the next session of Congress?
It was determined in the negative.
On the question,
Will the Senate advise and consent to the appointment of John C. Pemberton to be lieutenant-general?
On motion by Mr. Clay,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Henry, Hunter, Johnson, and Sparrow.
Those who voted in the negative are,
Messrs. Brown, Clark, Clay, Dortch, Lewis, Mitchel, Oldham, Orr, Peyton, Phelan, Preston, Semmes, and Wigfall.
So it was
Resolved, That the Senate do not advise and consent to the appointment of John C. Pemberton to be lieutenant-general.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 10th instant) the nominations of George E. Pickett and John B. Hood to be major-generals, reported, with the recommendation that said nominations be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 10th instant) the nomination of Henry Heth to be major-general, reported, with the recommendation that said nomination be not confirmed.
The Senate proceeded to consider said report; and
The question being put,
Will the Senate advise and consent to the appointment of Henry Heth to be major-general?
On motion by Mr. Clay,
The yeas and nays being desired by one-fifth of the Senators present,
None voted in the affirmative.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Clark, Clay, Dortch, Henry, Hunter, Johnson, Lewis, Mitchel, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, and Wigfall.
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So it was
Resolved, That the Senate do not advise and consent to the appointment of Henry Heth to be major-general.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 10th instant) the nomination of Carter L. Stevenson to be major-general, reported, with the recommendation that said nomination be not confirmed.
The Senate proceeded to consider said report: and
On motion by Mr. Hunter,
Resolved, That the further consideration thereof be postponed till Monday next.
On motion by Mr. Sparrow,
That the Senate proceed to consider the motion submitted by him on the 25th ultimo to reconsider the vote rejecting the nomination of D. R. Jones to be major-general,
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Clay, Dortch, Henry, Hunter, Lewis, Peyton, Preston, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Brown, Clark, Johnson, Oldham, Orr, and Phelan.
On the question,
Will the Senate reconsider the vote rejecting the nomination of D. R. Jones?
After debate,
On motion by Mr. Brown, that the Senate adjourn,
On motion by Mr. Brown,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Clay, Johnson, Oldham, and Phelan.
Those who voted in the negative are,
Messrs. Barnwell, Henry, Hunter, Lewis, Preston, Semmes, Sparrow, and Wigfall.
After further debate,
On motion by Mr. Brown, that the Senate adjourn,
It was determined in the negative.
The question recurring on the motion to reconsider the vote rejecting the nomination of D. R. Jones,
On motion by Mr. Phelan, that there be a call of the Senate,
It was determined in the negative.
After further debate,
Mr. Phelan proceeded to read certain papers relating to the question under consideration; when Mr. Orr raised the question whether a Senator was privileged to read any papers during the course of debate without the consent of a majority of the Senate.
The President pro tempore decided that a Senator was privileged to read papers relating to the question under consideration.
After further debate,
On motion by Mr. Phelan, that there be a call of the Senate,
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It was determined in the negative.
On motion by Mr. Dortch, that the Senate resolve into open legislative session,
It was determined in the negative.
On motion by Mr. Clark. that the Senate adjourn,
On motion by Mr. Clark,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Clark. Johnson, Oldham, and Phelan.
Those who voted in the negative are,
Messrs. Barnwell, Clay, Dortch, Henry, Hunter, Lewis, Orr, Peyton, Semmes, Sparrow, and Wigfall.
On motion by Mr. Clark, that there be a call of the Senate,
It was determined in the negative.
At 10 minutes past 12 o'clock p. [a.] m., Mr. Brown submitted the following resolution for consideration:
Resolved, That this being Sunday it is incompetent for the Senate to continue in session.
On the question to agree thereto,
On motion by Mr. Brown,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown and Clark.
Those who voted in the negative are,
Messrs. Barnwell, Clay, Dortch, Henry, Hunter, Johnson, Lewis, Oldham, Orr, Peyton, Preston, Semmes, Sparrow, and Wigfall.
The question recurring on the motion to reconsider the vote rejecting the nomination of D. R. Jones.
On the question to agree thereto.
On motion by Mr. Brown,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Dortch, Henry, Hunter, Lewis, Orr, Peyton, Preston, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Brown, Clark, Clay, Johnson, Oldham, and Phelan.
The Senate proceeded to consider the nomination of D. R. Jones to be major-general; and
Resolved, That the Senate advise and consent to the appointment of D. R. Jones to be major-general, agreeably to the nomination of the President.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 10, 1862.
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 rank affixed to their names respectively.
JEFFERSON DAVIS.
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Confederate States of America, War Department,
Richmond, October 9, 1862.
Sir: I have the honor to recommend the following nominations for appointment in the Army of the Confederate States of America:
I am, sir, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
His Excellency the President.
The message was read.
The Senate proceeded to consider the nominations contained therein; and
Resolved, That the Senate advise and consent to the appointment of William R. Boggs and William Proctor Smith to be captains in the Corps of Engineers, agreeably to the nomination of the President.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 11, 1862.
To the Senate:
I herewith transmit a communication from the Secretary of the Navy, in response to your resolution of the 10th instant making inquiry concerning certain persons nominated for appointment in the Marine Corps. I have further to inform you that John R. F. Tattnall has been assigned, with the provisional rank of colonel, to the command of the Twenty-ninth Alabama Regiment, as authorized by the act (No. 383 of the Provisional Congress) entitled "An act to amend the act entitled 'An act to provide for the organization of the Navy,'" etc.
JEFFERSON DAVIS.
Confederate States of America, Navy Department,
Richmond, October 11, 1862.
The President.
Sir: In response to the following resolution adopted by the Senate on the 10th instant, and referred by you to this Department for attention:
"Resolved, That the President be requested to furnish the Senate with the rank and grade in the Marine Corps of the United States Navy, at the time of their resignation, of John D. Simms, Jacob Read, John R. F. Tattnall, Andrew J. Hays, and George Holmes, nominated for captains of marines; and whether said J. R. F. Tattnall has been assigned to the command of the Twenty-ninth Alabama Regiment."
I have the honor to state that John D. Simms, standing at the head of the grade of first lieutenant in the United States Marine Corps, was commissioned a captain in the corps; he refused this captain's commission and resigned. And that Jacob Read, John R. F. Tattnall, Andrew J. Hays, and George Holmes were first lieutenants in the United States Marine Corps at the time of their resignation, and ranked in the order above stated. These gentlemen were advanced a grade and appointed captains in the Marine Corps of the Confederate States, and were nominated to and confirmed by the Provisional Congress at its second session, in the order above stated. Capt. J. R. F. Tattnall was ordered to report to the Secretary of War for duty, on the application of the War Department, and this Department is not informed of the duty to which he has been assigned.
With much respect, your obedient servant,S. R. MALLORY,
Secretary of the Navy.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
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