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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 --FRIDAY, April 18, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2]
FRIDAY, April 18, 1862.

OPEN SESSION.

Mr. Clay, from the Committee on Commerce, to whom was referred the bill (H. R. --) to prohibit the transportation to and sale of certain articles in any port or place within the Confederate States in the possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named, to alien or domestic enemies, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) last mentioned; and no amendment being made, 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. Brown, from the Committee on Naval Affairs, to whom was referred the bill (H. R. --) to provide for the appointment of chaplains at the naval hospitals, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) last mentioned; and no amendment being made, 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. Dortch,

Ordered, That the Hon. George Davis be granted leave of absence from the Senate during the remainder of the session.

Mr. Barnwell, from the Committee on Finance, reported

A bill (S. 49) to amend an act to regulate the mode of paying the members of the Senate and House of Representatives, and the disbursement of the contingent fund;

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which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof remain as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 45) to amend an act entitled "An act to prescribe the rates of postage in the Confederate States of America, and for other purposes."

On motion by Mr. Yancey, to amend the bill by striking out, in the first section, the words "for any distance within the Confederate States of America, ten cents," and inserting in lieu thereof the words "five cents for all distances under two hundred miles; ten cents for all distances over two hundred miles and under five hundred miles; and fifteen cents for all distances over five hundred miles,"

Mr. Johnson moved to amend the proposed amendment by striking out the words "two hundred," wherever they occur, and inserting in lieu thereof the words "one hundred;" and

It was determined in the affirmative.

On the question to agree to the amendment as amended,

It was determined in the negative,
• Yeas ... 10
• Nays ... 14

On motion by Mr. Yancey,

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

Those who voted in the affirmative are,

Messrs. Barnwell, Dortch, Haynes, Hill, Johnson, Lewis, Maxwell, Peyton, Semmes, and Yancey.

Those who voted in the negative are,

Messrs. Baker, Brown, Burnett, Clay, Clark, Henry, Hunter, Mitchel, Orr, Oldham, Phelan, Preston, Simms, and Wigfall.

So the amendment was rejected.

No amendment being made, the bill was reported to the Senate.

Ordered, That it 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.

On motion by Mr. Preston,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the resolution inquiring into the propriety of authorizing the President to receive irregular troops for detached service.

Mr. Phelan, from the Committee on Printing, to whom was referred the resolution (H. R. --) for the preservation of public documents, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the resolution (H. R. --) last mentioned; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said resolution was read the third time.

Resolved, That it pass.

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

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

Mr. President: The President of the Confederate States on yesterday approved and signed an act (S. 38) authorizing the issue of Treasury notes.

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

On motion by Mr. Oldham.

The Senate proceeded, as in Committee of the Wholes to the consideration of the bill (H. R. --) to regulate the compensation of deputy postmasters; and having been amended on the motion of Mr. Oldham, the bill was reported to the Senate and the amendment was concurred in.

Ordered, That the amendment be engrossed and the bill read a third time.

The said bill as amended was read the third time.

Resolved, That it pass, with an amendment.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

Mr. Phelan, from the committee, reported that they had examined and found truly enrolled the bill (H. R. --) regulating the fees of clerks, and for other purposes.

The President pro tempore having signed the bill (H. R. --) last reported to have been examined, it was delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approbation.

On motion by Mr. Barnwell,

The Senate resolved into secret legislative session.

The doors being opened,

The following message was received from the House of Representatives, by Mr. Lamar:

Mr. President: The Speaker of the House of Representatives having signed sundry 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:

• S. 1. A bill to recognize the organization of certain military companies;
• S. 18. A bill declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President;
• S. 25. A bill relative to the pay and allowances of deceased soldiers;
• S. 33. A bill to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of such articles; and
• S. 37. A bill to punish drunkenness in the Army.

On motion by Mr. Semmes,

The Senate resolved into executive session.

The doors being opened,

On motion by Mr. Phelan,

Ordered, That when the Senate adjourn it be to meet at 11 o'clock to-morrow.

On motion by Mr. Mitchel,

The Senate adjourned.

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SECRET SESSION.

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:

I deem it my duty to call your attention to some practical difficulties which will occur in the execution of the law just passed for the conscription of all persons subject to military duty between the ages of 18 and 35 years, and to point out some omissions that it seems wise to supply.

• 1. There are a number of troops in the service of the several States for which no provision is made. They have been organized for State defense, which is necessarily the public defense, but are not a part of the armies of the Confederacy. It would not be politic to break up these organizations for the purpose of taking out of them such of the men as are subject to conscription for distribution among other troops. I suggest that power be granted to the Executive to accept a transfer of such regiments, battalions, squadrons, or companies now in the service of the respective States as may be tendered by the States, according to any organization consistent with the Confederate laws.
• 2. In the tenth section of the bill there is a seeming conflict between two clauses, one of which requires that in all cases elections shall be held to fill the lowest grade, while another gives power to promote from the ranks, to any vacant office, a private who may have distinguished himself conspicuously. I would be glad to have the intent of Congress on this point stated in an amendment to the bill.
• 3. Under the fourth section of the act of 11th December, 1861, it was declared that all troops revolunteering or reenlisting shall, at the expiration of their present term of service, have the power to reorganize themselves into companies, and elect their company officers; and that said companies should have the right to reorganize themselves into battalions or regiments, and elect their field officers, etc.

By the second section of the act just passed, 16th April, 1862, it is prohibited to include in the organization of such new companies and regiments as may be completed within thirty days, "any persons now in service."

It is submitted whether bare justice to the men who first entered the military service, and who have again voluntarily enrolled themselves to serve for the war, does not require that Government should carry out the understanding under which they reenlisted, by permitting them to serve in organizations more acceptable to them than those in which they are now embraced.

I should regret to see men now for the first time brought into service under the stringency of the law vested with a right of choosing their association, while the same privilege is denied to those who have distinguished themselves by the alacrity with which they have volunteered.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

On motion by Mr. Clay,

Ordered, That the Committee on Commerce be discharged from the further consideration of the resolution inquiring whether persons within the Confederate States claim to exercise jurisdiction, and claim rights and privileges as consuls of foreign countries.

Mr. Preston, from the Committee on Military Affairs, to whom was referred the bill (H. R. --) to provide further for the public defense, reported it, with the recommendation that it ought not to pass.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) last mentioned; and

On the question,

Shall this bill be read a third time?

It was determined in the negative.

So the bill was rejected.

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

On motion by Mr. Preston,

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Ordered, That the Committee on Military Affairs be discharged from the further consideration of the report of the Secretary of War.

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

Executive Department, April 18, 1862.

To the Senate and House of Representatives:

I herewith transmit, for the information of Congress, a communication from the Secretary of War, covering "a copy of the official report of Maj. Gen. Earl Van Dorn, of the battle between his forces and those of Generals Sigel and Curtis, in Arkansas."

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

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

Mr. President:

The House of Representatives have passed a resolution rescinding the resolution in relation to the adjournment of the two Houses of Congress; in which they request the concurrence of the Senate.

They have also passed a bill of the Senate (S. 33) to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of such articles.

The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.

On motion by Mr. Orr,

The Senate resumed the consideration of the resolution requesting the President to instruct Mr. John Slidell, commissioner from this Government to His Majesty Louis Napoleon, Emperor of the French, to propose to His Majesty terms for a treaty of amity and commerce between the two Governments; and having been amended on motion of Mr. Johnson, and further amended on motion of Mr. Yancey,

On the question,

Will the Senate agree to the resolution?

It was determined in the affirmative,
• Yeas ... 14
• Nays ... 8

On motion by Mr. Orr,

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

Those who voted in the affirmative are,

Messrs. Clay, Clark, Dortch, Henry, Hunter, Johnson, Lewis, Maxwell, Mitchel, Orr, Phelan, Peyton, Preston, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Baker, Burnett, Haynes, Hill, Oldham, Semmes, and Simms.

So the resolution as amended was agreed to as follows:

Resolved by the Senate of the Confederate States of America, That the President is hereby respectfully requested to instruct the commissioners from this Government to Her Britannic Majesty, His Imperial Majesty the Emperor of the French, and Her Majesty the Queen of Spain, to propose to them the following terms for a treaty of amity and commerce between the said Governments and the Government of the Confederate States:

• First. That the Governments of Great Britain, France, and Spain shall declare the inefficiency and consequent illegality of the blockade of the ports in the Confederate States by the Government of the United States, and that they maintain in our waters, during the war with the United States, a sufficient number of war vessels, in connection with the Navy of the Confederate States, to enforce the declaration and effectually raise the blockade.
• Second. That the Governments of Great Britain, France, and Spain shall supply and transport to the Confederate Government such arms, ammunition, and munitions of war as may be needed in the prosecution of the war with the United States; the Government of the Confederate States paying therefor the market value of the articles so furnished, and that in any treaty of peace hereafter to be entered into between the

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  Confederate States and the United States the decision of all questions in said treaty, in regard to boundaries, shall be under the sole and exclusive judgment and control of the Confederate States.

• Third. That the President be authorized to offer to the Governments of Great Britain, France, and Spain such discriminations in favor of British, French, and Spanish commerce and navigation, foreign and coastwise, as he may find to be necessary to secure the aid and cooperation of the British, French, and Spanish Governments for the purposes aforesaid and which shall be in accordance with the true interest of the Confederate States.
• Fourth. The treaty, when made according to the foregoing terms, to continue of force for ... years, after which time either party may annul the same, having given twelve months notice of such intention.

The Senate proceeded to consider the resolution of the House of Representatives rescinding the resolution in relation to the adjournment of both Houses of Congress; and

After debate,

On motion by Mr. Maxwell,

The Senate resolved into open legislative session.

Having again resolved into secret legislative session,

The bill (H. R. --) to amend an act entitled "An act to amend an act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods," approved May 21, 1861, was read the first and second times and referred to the Committee on Military Affairs.

The joint resolution (H. R. --) for the better security of the archives and Government of the Confederate States was read the first and second times and referred to the Committee on the Judiciary.

The bill (H. R. --) to authorize certain contracts for the purchase of not exceeding six iron-plated vessels of war was read the first and second times and referred to the Committee on Naval Affairs.

On motion by Mr. Burnett,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

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

Executive Department,
Richmond, April 18, 1862.

To the Senate of the Confederate States:

I nominate the persons named on the annexed list to be postmasters, agreeably to the recommendation of the Postmaster-General.

JEFFERSON DAVIS.

Post-Office Department,
Richmond, April 18, 1862.

Sir: I have the honor to submit the names of the following persons for appointment as postmasters, with your Excellency's approval, and the advice and consent of the Senate, viz:

Henry M. Jeter, Columbus, Ga.; Thomas Crawford, Athens, Ga.; Solomon Cohen, Savannah, Ga.; Atkinson T. Hardin, Rome, Ga.; Thomas C. Howard, Atlanta Ga.; William F. Groves, Marietta, Ga.; Edmund Richardson, Albany, Ga.; James M. Smythe, Augusta, Ga.; Martin A. Bowdoin, Griffin, Ga.; Ezekiel S. Candler, Milledgeville, Ga.; William Woods, Madison, Ga.; Washington Poe, Macon, Ga.; Robert H. Glass, Lynchburg, Va.; Reuben T. Thom, Fredericksburgh, Va.; William M. Keblinger, Charlottesville, Va.; George Sandoe, Abingdon, Va.; William Wertenbaker, University of Virginia, Va.; Levi L. Stevenson, Staunton, Va.; John K. Cooke, Portsmouth, Va.; Augustus M. Vaughan, Norfolk, Va.; William E. Bass, Petersburg, Va.; Thomas B. Plunkett, Lexington, Va.; Joseph McCormick, Baton Rouge, La.; John W. Taber, Natchitoches, La.; Eugene R. Biossat, Alexandria, La.;

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Alfred Huger, Charleston, S. C.; James B. Glass, Columbia, S. C.; Thomas W. Pegues, Camden, S. C.; William McNulty, Georgetown, S. C.; Benjamin F. Simmons, Apalachicola, Fla.; Thomas E. Jordan, Pensacola, Fla.; Miles Nash, Tallahassee, Fla.; Charles W. Charlton, Knoxville, Tenn.; H. T. Phillips, Chattanooga, Tenn.; Matthew C. Gallaway, Memphis, Tenn.; Hugh Black, Eufaula, Ala.; William Howell, Marion, Ala.; John A. Smith, Florence, Ala.; Thomas Welsh, Montgomery, Ala.; William H. Eagar, Selma, Ala.; John W. McCay, Tuscaloosa, Ala.; Jetta M. Powers, Tuscumbia, Ala.; William J. Windham, Huntsville, Ala.; Lloyd Bowers, Mobile, Ala.; William B. Sloan, Vicksburg, Miss.; William P. Mellen, Natchez, Miss.; William H. Crittenden, Holly Springs, Miss.; Christopher R. Dickson, Jackson, Miss.; Joseph S. Antley, Clinton, Miss.; Jacob Isaacs, Columbus, Miss.; Jeremiah D. Mann, Aberdeen, Miss.; James G. Cook, Fayetteville, N. C.; Branson G. Graham, Greensboro, N. C.; George T. Cook, Raleigh, N. C.; Daniel Dickson, Wilmington, N. C.; John Taylor, Goldsboro, N. C.; James T. Porter, Napoleon, Ark.; William F. Pope, Little Rock, Ark.; William Rust, Austin, Tex.; Owen L. Cochran, Houston, Tex.; John B. Root, Galveston, Tex.; E. C. Dewey, San Antonio, Tex.

Very respectfully, your obedient servant,

JOHN H. REAGAN,
Postmaster-General.

The President.

The message was read.

Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.

Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 17th instant) the nomination of T. M. Wagner, to be a lieutenant-colonel, reported, with the recommendation that said nomination be confirmed.

The Senate proceeded to the consideration of the said report; and in concurrence therewith, it was

Resolved, That the Senate advise and consent to the appointment of T. M. Wagner, agreeably to the nomination.

Mr. Preston, from the Committee on Military Affairs, to whom were referred (on the 16th instant) the nominations of T. C. Hindman and John C. Breckinridge, to be major-generals, and William Preston, Julius A. de Lagnel, John Echols, George Maney, Alfred Mouton, and John S. Williams, to be brigadier-generals, reported, with the recommendation that all of said nominations be confirmed.

The Senate proceeded to the consideration of said report; and in concurrence therewith, it was

Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.

On motion by Mr. Burnett,

The Senate resolved into secret legislative session.

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