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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 --TUESDAY, January 19, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3]
TUESDAY, January 19, 1864.

OPEN SESSION.

Mr. Jemison presented the memorial of Leach & Avery, praying compensation for a house burned by order of R. F. Knott, provost-marshal of the city of Tuscaloosa, Ala.; which was referred to the Committee on Claims.

Mr. Phelan (by leave) introduced

A bill (S. 193) to abolish the office of third lieutenant of infantry in the Army of the Confederate States;
which was read the first and second times and referred to the Committee on Military Affairs.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 170) to provide for the auditing and payment of certain claims in the State of Mississippi; and

On motion by Mr. Haynes,

Ordered, That it be recommitted to the Committee on the Judiciary.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 75) to amend an act to regulate impressments,

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approved March 26, 1863, and to repeal an act amendatory thereof, approved April 27, 1863.

On motion by Mr. Henry, to reconsider the vote on the rejection of the following amendment, viz:

Strike out all after the enacting clause and insert:

That when it may be necessary to impress property, including provisions for the public use, it shall be done by quartermasters of the Government. In case they can agree with the owners as to what is just compensation for the property so impressed, they shall pay for the same immediately.

• Sec. 2. That in case they and the owners disagree as to what is just compensation, they shall give a receipt to the owner, descriptive of its quantity and quality, which shall be audited in Richmond for final adjustment and payment after the war, upon the decision of a court of claims, to be based upon evidence as to the just compensation for the property so impressed,

It was determined in the negative.

No further amendment being made, the bill was reported to the Senate and the amendments made as in Committee of the Whole 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.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 81) to prevent the procuring, aiding, and assisting persons to desert from the Army of the Confederate States, and for other purposes; 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.

The Senate proceeded, as in Committee of the Whole, the consideration of the bill (S. 154) to prevent speculation, hoarding, and extortion; and

On motion by Mr. Maxwell,

Ordered, That it lie upon the table.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 167) to amend an act to provide a mode of authenticating claims for money against the Confederate States, not otherwise provided for, approved August 30, 1861; and no amendment being proposed, 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 be as aforesaid.

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

The Senate proceeded to consider the resolutions providing for regular and perfect reports of the debates of the Senate; and

On motion by Mr. Clark,

Ordered, That the further consideration thereof be postponed until to-morrow.

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The Senate proceeded, as in Committee of the Whole, to the consideration of the following bills:

• S. 182. A bill to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense;
• S. 183. A bill to prohibit the importation of luxuries, or of articles not necessaries or of common use; and
• S. 184. A bill to establish a bureau of foreign supplies; and

On motion by Mr. Clay,

Ordered, That they be transferred to the Secret Legislative Calendar.

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

Richmond, Va., January 19, 1864.

To the Senate and House of Representatives:

I herewith transmit for your information a communication from the Secretary of War, covering copies of several additional reports of military operations during the last year.

JEFFERSON DAVIS.

The message was read.

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

On motion by Mr. Semmes,

The Senate adjourned.

SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 182) to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense.

On motion by Mr. Clay, to amend the bill by inserting at the end of the fifth section the following proviso:
Provided, That nothing in this act shall be construed to prohibit the Confederate States, or any of them, from exporting any of the articles herein enumerated on their own account,

It was determined in the affirmative.

On motion by Mr. Clay, to amend the bill by inserting after "or," section 4, line 9, the words "towards the," and by inserting after "territory," in the same line, the words "of the Confederate States,"

It was determined in the affirmative.

On motion by Mr. Oldham, to amend the bill by striking out the word "whether," in the third line of the sixth section, and by striking out the words "and of all suits against them for acts done or committed under the same," in the sixth and seventh lines of the same section,

It was determined in the affirmative.

On motion by Mr. Jemison, to amend the bill by inserting after "such," section 1, line 5, the word "uniform,"

It was determined in the affirmative.

On motion by Mr. Clark, to amend the bill by inserting after "suppress," section 7, line 8, the words "and disperse,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by adding thereto the following section:

• Sec. 8. That this act shall expire on the day of the ratification of a treaty of peace with the United States,

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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 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.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 183) to prohibit the importation of luxuries, or of articles not necessaries or of common use.

On motion by Mr. Orr, to amend the bill by striking out the words "caps, hats," section 2, line 3, and by inserting after "part," in the fourth line of the same section, the words "except caps and hats,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by inserting before "wool," section 4, line 6, the words "cotton, flax,"

It was determined in the affirmative.

On motion by Mr. Clay, to amend the bill by inserting after "maximum," section 4, line 4, the word "foreign,"

It was determined in the affirmative.

On motion by Mr. Hill, to amend the bill by inserting at the end of the fourth section the following proviso:
Provided further, That this act shall not apply to any article or articles which have been or shall be shipped without knowledge of the passage of this act before the first day of March next, but which shall arrive in a Confederate port after that day,

It was determined in the affirmative.

On motion by Mr. Phelan, to amend the bill by inserting the following independent section:

• Sec. --. That all laws imposing duties upon importations into the Confederate States be, and the same are hereby, repealed,

It was determined in the negative.

The bill having been further amended on the motion of Mr. Clay, it was reported to the Senate and the amendments made as in Committee of the Whole were concurred in.

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. Maxwell, from the committee, reported that they had examined and found truly enrolled

A bill (H. R. 86) to provide for holding elections for Representatives in the Congress of the Confederate States from the State of Missouri.

The President pro tempore having signed the enrolled bill 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 approval.

On motion by Mr. Semmes,

The Senate resolved into executive session.

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EXECUTIVE SESSION.

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

Richmond, January 19, 1864.

To the Senate:

Agreeably to the recommendation of the Secretary of the Navy, I hereby nominate the person named upon the annexed list to the office designated.

JEFFERSON DAVIS.

Navy Department, Richmond, January 19, 1864.

The President.

Sir: I have the honor to recommend the following appointment in the Navy:

Assistant paymaster.
• Willis B. Cobb, of Kentucky.

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. Harrison, his Secretary:

Richmond, January 19, 1864.

To the Senate:

Agreeably to the recommendation of the Secretary of the Treasury, I hereby nominate J. W. M. Harris, to be Third Auditor of the Treasury.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Finance.

Mr. Semmes, from the Committee on Finance, to whom was referred (on the 18th instant) the nomination of Lewis Cruger, to be Comptroller of the Treasury, reported, with the recommendation that said nomination be confirmed.

The Senate proceeded to consider said report; and in concurrence therewith, it was

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.

The President pro tempore laid before the Senate a communication from the Secretary of the Treasury, announcing the removal from office by the President of Arthur F. Holmes, esq., appraiser at the port of Charleston, to take effect at the end of the present month, his services being no longer necessary as such in the present condition of that port; which was read.

Ordered, That it lie upon the table.

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

Richmond, January 18, 1864.

To the Senate:

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, 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:

ASSISTANT ADJUTANTS-GENERAL.
• Colonel.
  • George William Brent, of Virginia, to rank from September 5, 1863.
• Lieutenant-colonels.
  • T. B. Roy, of Virginia, to rank from June 13, 1863.
  • G. M. Sorrel, of Georgia, to rank from June 18, 1863.
  • Archer Anderson, of Virginia, to rank from July 11, 1863.
  • Thomas M. Jack, of Texas, to rank from July 18, 1863.
  • G. St. Leger Grenfell, of Tennessee, to rank from May 2, 1863.
  • A. S. Pendleton, of Virginia, to rank from July 23, 1863.
• Majors.
  • I. Szymanski, of Louisiana, to rank from May 15, 1863.
  • H. A. Whiting, of Alabama, to rank from May 12, 1863.
  • Greene Peyton, of Virginia, to rank from May 12, 1863.
  • H. B. McClellan, of Virginia, to rank from May 2, 1863.
  • A. R. Venable, of Virginia, to rank from May 11, 1863.
  • George A. Gallagher, of North Carolina, to rank from May 19, 1863.
  • A. Vander Horst, of South Carolina, to rank from May 2, 1863.
  • William H. Palmer, of Virginia, to rank from May 2, 1863.
  • D. E. Huger, of South Carolina, to rank from May 2, 1863.
  • L. H. Hunt, of North Carolina, to rank from June 2, 1863.
  • J. A. Engelhard, of North Carolina, to rank from June 2, 1863.
  • H. H. Harrison, of Virginia, to rank from June 2, 1863.
  • R. H. Finney, of Virginia, to rank from June 2, 1863.
  • W. C. Hall, of Maryland, to rank from May 27, 1863.
  • H. K. Douglas, of Virginia, to rank from June 30, 1863.
  • D. C. Jenkins, of Mississippi, to rank from May 27, 1863.
  • Thomas Rowland, of North Carolina, to rank from June 8, 1863.
  • Thomas P. Branch, of North Carolina, to rank from June 16, 1863.
  • John C. Thompson, of Tennessee, to rank from June 7, 1863.
  • R. A. Hatcher, of Tennessee, to rank from June 2, 1863.
  • J. P. Wilson, of Tennessee, to rank from May 2, 1863.
  • G. Andrews, of Georgia, to rank from July 14, 1863.
  • J. W. Pegram, of Virginia, to rank from July 30, 1863.
  • William Elliott, of South Carolina, to rank from August 3, 1863.
  • G. C. Brown, of Tennessee, to rank from June 1, 1863.
  • J. P. Johnson, of Arkansas, to rank from August 14, 1863.
  • H. Robinson, of Virginia, to rank from August 20, 1863.
  • J. P. Strange, of Tennessee, to take rank from August 30, 1863.
  • K. Falconer, of Mississippi, to rank from August 23, 1863.
  • Robert W. Hunter, of Virginia, to rank from July 3, 1863.
  • Howell Webb, of Tennessee, to rank from May 14, 1863.
  • D. H. Poole, of Georgia, to rank from August 20, 1863.
  • R. R. Hutchinson, of Missouri, to rank from May 2, 1863.
  • James H. Alexander, of Georgia, to rank from September 14, 1863.
  • J. D. Ferguson, of Virginia, to rank from September 16, 1863.
  • Thomas F. Bowie, of Maryland, to rank from September 16, 1863.
  • T. G. Barker, of South Carolina, to rank from August 3, 1863.
  • John Preston, of South Carolina, to rank from September 22, 1863.
  • M. H. Royston, of Texas, to rank from November 10, 1863.
  • J. E. Groce, of Texas, to rank from November 10, 1863.
  • J. H. New, of Louisiana, to rank from November 2, 1863.
  • George Freaner, of Virginia, to rank from November 2, 1863.
  • David W. Sanders, of North Carolina, to rank from October 24, 1863.
  • James A. Shingleur, of Georgia, to rank from November 2, 1863.
  • John F. Lay, of Virginia, to rank from December 4, 1863.

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• Captains.
  • T. T. Taylor, of Arkansas, to rank from May 2, 1863.
  • J. T. Hearne, of Texas, to rank from May 2, 1863.
  • George Turner, jr., of Virginia, to rank from May 2, 1863.
  • A. J. Porter, of Tennessee, to rank from May 2, 1863.
  • W. J. Seymour, of Louisiana, to rank from May 26, 1863.
  • A. F. Woolley, of Georgia, to rank from May 25, 1863.
  • J. P. C. Whitehead, of Alabama, to rank from May 24, 1863.
  • J. M. Macon, of Alabama, to rank from May 10, 1863.
  • C. G. Elliott, of North Carolina, to rank from May 16, 1863.
  • James M. Adams, of North Carolina, to rank from May 2, 1863.
  • J. R. Troup, of Georgia, to rank from May 2, 1863.
  • Willis F. Jones, of Kentucky, to rank from July 3, 1863.
  • W. J. Davis, of Virginia, to rank from May 2, 1863.
  • Samuel H. Buck, of Kentucky, to rank from April 16, 1863.
  • E. Walworth, of Mississippi, to rank from July 20, 1863.
  • J. C. Moncure, of Virginia, to rank from June 18, 1863.
  • R. Lowndes, of South Carolina, to rank from July 21, 1863.
  • H. N. Martin, of Mississippi, to rank from August 3, 1863.
  • C. I. Walker, of South Carolina, to rank from May 2, 1863.
  • W. R. Preston, of Virginia, to rank from August 11, 1863.
  • Lamar Cobb, of Georgia, to rank from June 25, 1863.
  • Robert D. Early, of Virginia, to rank from August 14, 1863.
  • Sumter Lea, of Alabama, to rank from August 3, 1863.
  • R. M. Grinnell, of Louisiana, to rank from August 17, 1863.
  • L. K. Marshall, of Louisiana, to rank from August 20, 1863.
  • D. R. Gurley, of Texas, to rank from May 2, 1863.
  • Neville Soulé, of Louisiana, to rank from August 29, 1863.
  • James L. Gaines, of North Carolina, to rank from July 23, 1863.
  • James W. Johnston, of Alabama, to rank from August 5, 1863.
  • B. F. Weems, of Texas, to rank from September 3, 1863.
  • A. H. Pickett, of Alabama, to rank from August 15, 1863.
  • R. B. Henderson, of North Carolina, to rank from August 13, 1863.
  • A. Burwell, of Arkansas, to rank from May 27, 1863.
  • W. L. Nugent, of Mississippi, to rank from August 15, 1863.
  • C. S. D. Jones, of Virginia, to rank from September 7, 1863.
  • J. W. Mathews, of Alabama, to rank from September 1, 1863.
  • T. C. Holliday, of Mississippi, to rank from August 25, 1863.
  • P. Fontaine, of Virginia, to rank from September 11, 1863.
  • W. F. Bullock, jr., of Kentucky, to rank from May 2, 1863.
  • R. J. Hallett, of Virginia, to rank from September 23, 1863.
  • J. M. Brandon, of South Carolina, to rank from August 15, 1863.
  • R. G. Atkins, of Virginia, to rank from May 2, 1863.
  • John C. Pegram, of Virginia, to rank from July 1, 1863.
  • J. G. Clarke, of Louisiana, to rank from September 15, 1863.
  • F. R. R. Smith, of North Carolina, to rank from September 28, 1863.
  • J. M. Flanagan, of Missouri, to rank from July 13, 1863.
  • R. W. B. Elliott, of Georgia, to rank from October 20, 1863.
  • G. Thomas Cox, of Tennessee, to rank from October 1, 1863.
  • J. B. Hardeman, of Texas, to rank from May 2, 1863.
  • E. P. Turner, of Virginia, to rank from May 2, 1863.
  • Alexander Pope, of Texas, to rank from August 1, 1863.
  • H. E. Henderson, of Louisiana, to rank from October 23, 1863.
  • I. R. Branham, of Georgia, to rank from October 24, 1863.
  • W. W. Chamberlaine, of Virginia, to rank from October 23, 1863.
  • J. L. Chandler, of Alabama, to rank from October 22, 1863.
  • V. Dabney, of Virginia, to rank from September 10, 1863.
  • W. L. Church, of Georgia, to rank from September 28, 1863.
  • J. N. Lipscomb, of South Carolina, to rank from September 1, 1863.
  • E. C. Fitzhugh, of Virginia, to rank from November 2, 1863.
  • E. Johnston, of Virginia, to rank from November 2, 1863.
  • George Eyster, of Virginia, to rank from November 2, 1863.
  • J. M. Pace, of Alabama, to rank from November 2, 1863.
  • W. C. Coughenour, of North Carolina, to rank from November 2, 1863.
  • E. A. Hawkins, of Georgia, to rank from November 2, 1863.

  ---

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  • G. Williamson, of Maryland, to rank from November 2, 1863.
  • R. Cleary, of Virginia, to rank from November 2, 1863.
  • J. M. Richardson, of South Carolina, to rank from November 2, 1863.
  • W. E. Cameron, of Virginia, to rank from November 2, 1863.
  • C. Anderson, of Georgia, to rank from November 2, 1863.
  • J. W. Riddick, of North Carolina, to rank from November 2, 1863.
  • L. C. Haskell, of South Carolina, to rank from November 2, 1863.
  • James Walker, of Georgia, to rank from November 2, 1863.
  • R. D. Spann, of South Carolina, to rank from November 2, 1863.
  • James G. Spann, of South Carolina, to rank from November 2, 1863.
  • James Hays, of Mississippi, to rank from November 2, 1863.
  • E. T. Nicholson, of North Carolina, to rank from November 2, 1863.
  • William Brown, of Virginia, to rank from November 2, 1863.
  • W. J. Gorham, of Georgia, to rank from November 2, 1863.
  • John M. Lee, of Virginia, to rank from November 2, 1863.
  • H. Bolling, of Maryland, to rank from November 2, 1863.
  • J. V. Nash, of Virginia, to rank from November 2, 1863.
  • R. B. Kennon, of Virginia, to rank from November 2, 1863.
  • W. F. Hullehen, of Virginia, to rank from November 2, 1863.
  • C. Dabney, of Virginia, to rank from November 2, 1863.
  • J. P. Smith, of Virginia, to rank from November 2, 1863.
  • W. M. Dwight, of South Carolina, to rank from November 2, 1863.
  • J. T. Hackett, of Georgia, to rank from November 2, 1863.
  • J. H. Hobart, of Mississippi, to rank from November 2, 1863.
  • H. H. Perry, of Georgia, to rank from November 2, 1863.
  • John W. Kerr, of Texas, to rank from November 2, 1863.
  • T. L. Christian, of Alabama, to rank from November 2, 1863.
  • W. A. Tennille, of Georgia, to rank from November 2, 1863.
  • L. G. Young, of North Carolina, to rank from November 2, 1863.
  • R. L. Maupin, of Virginia, to rank from July 18, 1863.
  • John S. Smith, of Alabama, to rank from October 18, 1863.
  • J. C. H. Bryant, of Virginia, to rank from November 2, 1863.
  • J. R. Chambers, of Louisiana, to rank from May 2, 1863.
  • George D. Wise, of Virginia, to rank from November 2, 1863.
  • John Vidmer, of Alabama, to rank from November 2, 1863.
  • John McAfee, of Kentucky, to rank from November 20, 1863.
  • E. J. Hale, of North Carolina, to rank from October 24, 1863.
  • F. C. Cox, of Virginia, to rank from November 27, 1863.
  • J. H. Judkins, of Alabama, to rank from October 22, 1863.
  • Henry Jackson, of Georgia, to rank from November 17, 1863.
  • John W. Emmett, of Louisiana, to rank from November 20, 1863.
  • S. H. Gee, of North Carolina, to rank from November 11, 1863.

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. Wigfall, that the order laying on the table the message of the President of the 15th instant, referring to the resolution from the Committee on Military Affairs relative to the appointment of certain officers in the Trans-Mississippi Department, be communicated to the President,

After debate,

On motion by Mr. Semmes,

The Senate resolved into open legislative session.

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