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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, January 15, 1864.
OPEN SESSION.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 186) to regulate the salaries of the judges of the district courts of the Confederate States, reported it without amendment.
Mr. Phelan, from the Committee on the Judiciary, reported
A bill (S. 187) declaring persons owing military service to the Confederate States, and who seek to avoid such service by removing beyond the control and jurisdiction of said States, alien enemies, and subjecting their property to confiscation;
which was read the first and second times and ordered to be printed.
On motion by Mr. Phelan,
Ordered, That the Committee on the Judiciary be discharged from the further consideration of the following bills:
Mr. Caperton, from the Committee on the Judiciary, who were instructed by a resolution of the Senate to inquire into the subject, reported
A joint resolution (S. 23) in relation to the salaries of the judges of the district courts of the Confederate States for the State of Virginia; which was read the first and second times and ordered to be printed.
The Senate resumed the consideration of the bill (H. R. 82) to grant a special copyright to W. J. Hardee and S. H. Goetzel for Hardee s Rifle and Infantry Tactics; and
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill (H. R. 89) authorizing Chaplains, in certain cases, to draw forage for one horse; in which they request the concurrence of the Senate.
The President of the Confederate States has notified the House of Representatives that on the 13th instant he approved and signed an act (H. R. 88) to continue in force the provisions of an act therein named.
Mr. Oldham, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 87) appropriating $100,000 for the use and benefit of the Cherokee Nation, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
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The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The bill (H. R. 89) received this day from the House of Representatives for concurrence was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Brown, The Senate adjourned.
SECRET SESSION.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 158) to organize forces to serve during the war.
On motion by Mr. Hill, to amend the bill by inserting at the end of the tenth section the following:
On motion by Mr. Haynes, to amend the proposed amendment by striking out "public service" and inserting "military or naval service,"
It was determined in the affirmative.
On motion by Mr. Sparrow, to amend the proposed amendment by substituting therefor the words
For the police and management of slaves, there shall be exempted one person on each farm or plantation, the sole property of a minor, a person of unsound mind, a feme sole, or a person absent from home in the military or naval service of the Confederacy, on which there are twenty or more effective hands: Provided, The person so exempted was employed and acting as an overseer previous to the sixteenth of April, eighteen hundred and sixty-two, and there is no white male adult on said farm or plantation who is not liable to military duty, which fact shall be verified by the affidavits of said person and two respectable citizens, and shall be filed with the enrolling officer: And provided, The owner of such farm or plantation, his agent or legal representative, shall make affidavit, and deliver the same to the enrolling officer, that, after diligent effort, no overseer can be procured for such farm or plantation not liable to military duty: Provided further, That this clause shall not extend to any farm or plantation on which the negroes have been placed by division from any other farm or plantation since the eleventh day of October, eighteen hundred and sixty-two: Provided further, That for every person exempted as aforesaid and during the period of such exemption, there shall be paid annually into the public Treasury, by the owners of such slaves, the sum of five hundred dollars,
After debate,
Mr. Johnson of Arkansas demanded the question; which was seconded, and
The question being then put,
On motion by Mr. Orr,
The yeas and nays being demanded by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Clay, Haynes, Henry, Hunter, Johnson of Arkansas, Oldham, Phelan, Semmes, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
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Messrs. Caperton, Clark, Dortch, Hill, Jemison, Johnson of Georgia, and Orr.
On the question to agree to the amendment proposed by Mr. Hill, as amended,
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. Burnett, Caperton, Clark, Clay, Haynes, Henry, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Oldham, Orr, Semmes, and Wigfall.
Those who voted in the negative are,
Messrs. Brown, Dortch, Hill, Phelan, Simms, and Sparrow.
So the amendment as amended was agreed to.
On motion by Mr. Phelan, to amend the bill by striking out the tenth and eleventh sections thereof,
It was determined in the negative.
On motion by Mr. Haynes, to amend the bill by inserting at the end of the fourth clause of the tenth section the following proviso:
Provided, That the President may detail one person from the classes between the ages of forty-five and fifty-five, and disabled soldiers, on each plantation or farm on which there are twenty slaves or more, now in charge of a person over forty-five, or of any disabled soldier,
It was determined in the negative.
On motion by Mr. Caperton, to amend the bill by inserting at the end of the tenth section the following:
On motion by Mr. Hill,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Caperton, Hill, Hunter, Johnson of Georgia, Orr, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Haynes, Henry, Jemison, Johnson of Missouri, Oldham, Phelan, Simms, Sparrow, and Wigfall.
On motion by Mr. Oldham, to amend the bill by inserting at the end of the tenth section the following proviso:
Provided, That nothing herein contained shall be construed to repeal the act approved April fourteenth, eighteen hundred and sixty-three, entitled "An act to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service,"
On motion by Mr. Simms,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clark, Clay, Dortch, Haynes, Hunter, Jemison, Johnson of
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Georgia, Johnson of Arkansas, Johnson of Missouri, Oldham, Orr, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Brown, Burnett, Caperton, and Simms.
On motion by Mr. Jemison, to amend the bill by inserting at the end of the fourth clause of the tenth section the following proviso:
Provided further, That nothing in this clause contained shall prevent the detail of the owner to oversee the slaves on his own plantation,
It was determined in the affirmative.
On motion by Mr. Sparrow, to amend the bill by inserting at the end of the tenth section the following proviso:
Provided further, That the exemptions herein granted shall only continue whilst the persons exempted hereby are actually engaged in their respective pursuits or occupations,
It was determined in the affirmative.
On motion by Mr. Burnett, to reconsider the vote on agreeing to the following amendment, viz:
Insert at the end of the fourth clause of the tenth section the following proviso:
Provided further, That nothing in this clause contained shall prevent the detail of the owner to oversee the slaves on his own plantation,
After debate,
On motion by Mr. Simms,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Wigfall submitted the following resolution; which was considered and agreed to:
Resolved, That the President be requested to furnish the Senate, in executive session, the number of general officers who have been appointed under the act approved October thirteenth, eighteen hundred and sixty-two, together with the names, and to what duties assigned.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of A. P. Hill, to be lieutenant-general; D. B. Harris, to be colonel; Alfred L. Rives, to be lieutenant-colonel; John J. Clarke, John A. Williams, Henry T. Douglas, S. W. Presstman, Minor Meriwether, to be majors; Walter G. Turpin, W. J. Morris, R. P. Rowley, J. A. Haydon, Gustave Schleicher, John Johnson, J. B. Stanard, to be captains; P. W. O'Koerner, Robert T. Massie, J. W. Smith, William R. Devoe, Charles S. Dwight, to be first lieutenants; William N. Bolling, C. E. Cassell, to be second lieutenants of engineers; Walter H. Taylor, to be lieutenant-colonel in the Adjutant-General's Department, reported, with the recommendation that all of 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 the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of R. H. Chilton, to be brigadier-general, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and
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On motion by Mr. Clark,
Ordered, That the further consideration of said nomination be postponed till to-morrow.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of the Navy, I hereby nominate the persons named upon the annexed list to the offices designated.
JEFFERSON DAVIS.
Richmond, Va., January 15, 1864.
Navy Department, Richmond, January 15, 1864.
The President.
Sir: I have the honor to recommend the following promotions in the regular Navy:
I am, respectfully, your obedient servant,S. R. MALLORY,
Secretary of the Navy.
The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, January 14, 1864.
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.
War Department, Confederate States of America,
Richmond, January 4, 1864.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, January 14, 1864.
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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War Department, Confederate States of America,
Richmond, December 8, 1863.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, January 14, 1864.
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.
War Department, Confederate States of America,
Richmond, January 6, 1864.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
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I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Johnson of Arkansas,
The Senate resolved into open legislative session.
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