| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --WEDNESDAY, January 27, 1864.
OPEN SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representative have agreed to the amendment of the Senate to the bill (H. R. 79) to prohibit dealing in the paper currency of the enemy.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
The Senate proceeded, as in Committee of the Whole, to the consideration of the bills (H. R. 97, H. R. 99) last mentioned; and no amendment being proposed, they were reported to the Senate.
Ordered, That they pass to a third reading.
The said bills were severally read the third time.
Resolved, That they pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Page 623 | Page image
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 150) to limit and define the term of office of the Secretary or principal officer of each of the Executive Departments, established by the, several acts entitled "An act to organize the Department of State," "An act to establish the Treasury Department," "An act to establish the War Department," "An act to establish the Navy Department," "An act to establish the Post-Office Department," "An act to organize and establish an executive department, to be known as the Department of Justice," all of which acts were approved February 21, 1861; and
On motion by Mr. Johnson of Arkansas,
Ordered, That the further consideration thereof be postponed until Tuesday next.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 192) to regulate the allowance of traveling expenses of officers of the Navy and others traveling under orders; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed until to-morrow.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 85) to amend an act entitled "An act in relation to the receipt of counterfeit Treasury notes by public officers;" and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 91) to fix the rank, pay, and allowances of adjutants of regiments and independent battalions; and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the 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.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 171) for the establishment and regulation of territorial commands in the Army; and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the bill be engrossed and read a third time?
It was determined in the negative.
So the bill was rejected.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 174) to authorize the issue of certain bonds for payment to the Alabama and Florida Railroad Company, of the State of Florida; and the reported amendments having been agreed to, 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.
Page 624 | Page image
On the question,
Shall the bill now pass?
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. Baker, Caperton, Clark, Dortch, Haynes, Henry, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Maxwell, Oldham, Orr, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Clay and Phelan.
So it was
Resolved, That the bill pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
A bill (H. R. 84) to authorize the appointment of an agent of the Treasury Department west of the Mississippi.
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 secret legislative session.
The doors having been opened,
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., January 26, 1864.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering a copy of an additional report of military operations during the last year.
JEFFERSON DAVIS.
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:
Richmond, Va., January 27, 1864.
To the Senate of the Confederate States:
In response to your resolution of the 20th instant, I herewith transmit a communication from the Secretary of the Treasury, conveying information relative to the chief collector of taxes for the State of Louisiana.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., January 26, 1864.
To the Senate of the Confederate States:
In response to your resolution of the 16th instant, I herewith transmit a communication from the Secretary of War, conveying information relative to "the officers appointed under the act to raise troops, approved October 11, 1862."
JEFFERSON DAVIS.
Page 625 | Page image
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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States; in which they ask the concurrence of the Senate.
The bill (H. R. 100) last mentioned was read the first and second times and referred to the Committee on Military Affairs.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed, by the required constitutional vote of two-thirds, a bill (H. R. 101) making additional appropriation of secret service money; in which they request the concurrence of the Senate.
The bill (H. R. 101) last mentioned was read the first and second times and referred to the Committee on Foreign Affairs.
Mr. Clay, from the Committee on Commerce, to whom was referred the bill (S. 183) to prohibit the importation of luxuries, or of articles not necessaries or of common use, together with the amendment of the House of Representatives thereto, reported the same with the recommendation that the Senate concur in the said amendment.
The Senate proceeded to consider the said amendment of the House of Representatives to the bill (S. 183) last mentioned; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 92) to tax, fund, and limit the currency.
On the question to agree to the following reported amendment, viz:
Strike out, after the enacting clause, the first, second, third, fourth, fifth, sixth, and seventh sections of the bill and insert the following:
That upon all noninterest-bearing Treasury notes of and above the denomination of five dollars, and upon the principal sum of all call certificates outstanding on the first day of April, eighteen hundred and sixty-four, there shall be levied and collected a tax of sixty-six and two-thirds cents for every dollar promised on the face of said notes and call certificates; said tax shall attach to said notes and call certificates wherever circulated, and shall be collected by a deduction at the Treasury and its depositories, and by the tax collectors, from all such notes and call certificates whenever presented for payment, or for binding, or in payment for public dues: Provided, That after the first day of April, eighteen hundred and sixty-four, the interest shall be allowed from that date on one-third only of the amount specified on the face of said call certificates.
Page 626 | Page image
On motion by Mr. Phelan, to amend the reported amendment by inserting before "That," in the first line of the first section, the following:
That upon all noninterest-bearing Treasury notes of and above the denomination of five dollars, issued previous to the first day of April, eighteen hundred and sixty-four, there shall be levied, on the first day of October, eighteen hundred and sixty-four, a tax of one hundred per cent, so that all such notes shall be absorbed on that day.
That upon the principal and interest of all call certificates executed upon a deposit of Treasury notes issued previous to the first day of April, eighteen hundred and sixty-four, there shall be levied a tax of one hundred per cent on the first day of October, eighteen hundred and sixty-four, so that all such call certificates shall be discharged on that day,
On motion by Mr. Phelan,
Page 627 | Page image
The yeas and nays being desired by one-fifth of the Senators present,
Mr. Phelan voted in the affirmative.
Those who voted in the negative are,
Messrs. Baker, Caperton, Clark. Clay, Dortch. Haynes, Henry, Hunter, Jemison, Johnson of Georgia, Johnson of Missouri, Maxwell, Oldham, Orr, Reade, Semmes, and Sparrow.
Pending the further consideration of the reported amendment,
On motion by Mr. Semmes,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. Harrison, his Secretary:
Richmond, January 27, 1864.
To the Senate:
I submit to the Senate herewith the nomination of A. R. Lawton, of Georgia, to be Quartermaster-General, with the rank of brigadier-general, to take date from the 13th day of April, 1861, and deem it proper to communicate the reasons which induce this course.
On the passage of the act of the 20th March last, entitled "An act to amend an act entitled 'An act for the establishment and organization of the general staff for the Army of the Confederate States of America,'" inquiry was made to aid in the selection of the most competent person then made eligible and the office of Quartermaster-General was tendered to General Lawton, who was averse to accepting it if it involved a nomination and new appointment, for the reasons that it withdrew him from service in the field, interfered with him chances for promotion, and that, as he was then the oldest brigadier in the service, he would, by acceptance, of a new commission, be deprived of his relative rank as compared with the other brigadiers. There were two other officers recommended to me as specially fitted to discharge the duties of Quartermaster-General, who could he spared from service in the field, and they were both major-generals and could net therefore, be expected to accept a lower grade in the staff than that which they held in the line.
The name of the officer then performing the duties of Quartermaster-General was also presented to me with recommendations entitled to very great respect, but my own observation of the manner in which those duties had been discharged had previously satisfied me that the public interests required an officer of greater ability and one better qualified to meet the pressing emergencies of the service during the war.
On examination of the law above referred to, its language, although not free from doubt, was held, after consultation and advice, to justify the conclusion that the intention of Congress would be fulfilled by assigning to the performance of the duties of Quartermaster-General an officer already confirmed as a brigadier-general in the Provisional Army, without again submitting his nomination to the Senate. The grounds for this conclusion were, that the eighth section of the act of 6th March, 1861, organizing the Regular Army, expressly authorized the Executive to assign the brigadier-generals to any duties he might specially direct, and when the five brigadier-generals were raised to the rank of general, by the act of 16th May, 1861, the President was again empowered to assign them to such commands and "duties" as he might specially direct. As it had, therefore, been permitted by Congress that any one of the generals of the Regular Army might be assigned to staff, or any other duty at Executive discretion, it seemed a fair inference that when, by the law of last session, provision was made that the rank, pay, and allowances of Quartermaster-General should be those of a brigadier in the Provisional Army, the will of the legislature was as well fulfilled by assigning to the duties of that office one who was already a brigadier-general of the Provisional Army as by nominating a new officer.
This view of the question was fortified by the fact that the law last referred to did not create an office, but only provided that during the war the officer discharging the duties of Quartermaster-General should have the rank, etc., of brigadier-general; and by the futher fact that the original act of 26th February, 1861, for the establishment and organization of the general staff, contained a provision still in force, that officers of the Quartermaster-General, and other staff departments, might, by order of the President, be assigned to the command of troops, according to their rank in the Army, thus indicating that positions in the quartermaster and other staff
Page 628 | Page image
departments were not distinct offices, but were posts of duty to which officers of the Army were appointed, and from which they might be withdrawn and assigned to other duties at Executive discretion.
This is a provision of our law that did not exist in the former service of the United States in which, when an officer of the army entered the Quartermaster's Department, he surrendered his commission in the line and his right to command troops.
I am advised, however, that such is not the construction given to the law by many Senators, and I so far conform to their views as to give the Senate an opportunity to advise the Executive in relation to the appointment of this officer.
This statement was also necessary in explanation of the proposal that General Lawton's rank should date from the 13th day of April, 1861, that being the date of his present commission of brigadier-general in the Provisional Army.
Since the foregoing message was written, I observe by the published proceedings of the Senate that it has adopted the following resolutions:
"Resolved, That in the opinion of the Senate A. C. Myers is now Quartermaster-General of the Confederate States Army, and is by law authorized and required to discharge the duties thereof.
"Resolved, That A. R. Lawton is not authorized by law to discharge the duties of said office."
Refraining from any further remark on these resolutions than the expression of my conviction that they are not sustained by the Constitution or the law, their passage enforces the propriety of submitting to you the nomination which accompanies this message.
JEFFERSON DAVIS.
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. Harrison, his Secretary:
Richmond, January 27, 1864.
To the Senate:
Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen. A. R. Lawton, of Georgia, to be Quartermaster-General to rank as brigadier-general from April 13, 1861.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom were referred the following nominations as postmasters:
John A. Seabrook, of Hardeeville, Beaufort district, South Carolina; J. H. Webb, of Pocotaligo, Beaufort district, South Carolina; John R. Allen, of Chester Court-House, Chester district, South Carolina; William Ramseur, of Lincolnton, Lincoln County, N. C.; Joseph W. Robertson, of Greeneville, Greene County, Tenn.; Orestes A. Keehler, of Salem, Forsyth County, N. C.; Powhatan T. Gewin, of Okolona, Chickasaw County, Miss., and R. A. Hundley, of Enterprise, Clark County, Miss., 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 were referred the nominations of J. R. Chambliss, to be brigadier-general; F. W. Sims, to be quartermaster, with the rank of lieutenant-colonel; W. G. Vardell, J. C. Green, W. C. Butler, G. F. Maynard, Alex. McVoy, A. Warren, W. B. Wright, and T. W. Radcliffe, to be quartermasters, with the rank of major; M. Pertle, John Skippington, Thomas W. Bass, A. S. Reid, Henry L. Jones, James D. Harden, William Stevens, A. A. McGregor, William A. Pugh, Isaac B.
Page 629 | Page image
Grainger, J. R. Flippin, Miller Turney, F. M. Hull, R. B. McAfee, James E. Pratt, William H. Brannon, W. D. Waples, John F. Gruber, F. C. Englesing, M. P. Pegram, John H. Barnett, A. W. Cochrane, Thomas A. Foster, A. M. Sloan, Isaac McConnel, E. A. Nunnally, J. F. Patterson, J. A. Pattillo, H. T. Mattox, W. T. Thurman, D. M. McDonald, E. L. Wharton, and P. F. Hammond, to be assistant quartermasters, with the rank of captain, 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 submitted the following motion for consideration:
Ordered, That the vote on confirming the nomination of R. V. Richardson, to be brigadier-general, be reconsidered.
Mr. Phelan submitted the following resolution for consideration:
Whereas by special message from the President, the Senate is informed that no session of Congress has intervened since the appointment of certain military officers nominated to this body for confirmation on the eighth instant and upon which the Committee on Military Affairs made a special report, but on the contrary, the only appointment made by him of said officers was that transmitted to the Senate on the said eighth day of January and during the present session: Therefore,
Resolved, That the clauses in the said report of the Committee on Military Affairs based upon the supposition that a session of Congress had intervened since the first appointment of the said military officers were inapplicable to the facts of the case.
The Senate proceeded to consider said resolution; and
On motion by Mr. Orr, that the resolution lie upon the table,
Mr. Orr demanded the question; which was seconded,
Pending which,
On motion by Mr. Johnson of Arkansas,
The Senate resolved into open legislative session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |