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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, February 6, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3]
SATURDAY, February 6, 1864.

OPEN SESSION.

The Hon. Charles B. Mitchel, from the State of Arkansas, attended.

Mr. Hill (by leave) introduced

A joint resolution (S. 29) of thanks to the troops reenlisting for the war from the State of Georgia;
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 it be engrossed and read a third time.

The said resolution 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.

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

Mr. President: The House of Representatives have passed a joint resolution of the Senate (S. 22) for the benefit of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi, with an amendment; in which they request the concurrence of the Senate.

They have passed, without amendment, Senate bills of the following titles:

• S. 191. An act to amend an act entitled "An act to establish a volunteer navy," approved April 18, 1863;
• S. 208. An act to provide compensation for officers who may heretofore have performed staff duty under orders of their superior officers; and
• S. 215. An act to amend an act to authorize the appointment of an agent of the Treasury Department west of the Mississippi, approved January 27, 1864.

And they have passed joint resolutions of the following titles; in which they request the concurrence of the Senate:

• H. R. 29. Joint resolution for the relief of Maj. Henry R. Hooper; and
• H. R. 30. Joint resolution of thanks to the officers and men of McClung's battery.

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

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of certain officers, noncommissioned officers, and privates of Battle's brigade, praying the privilege of reorganization and reelection of officers, without consolidating regiments and companies or in any way destroying the identity of the same.

Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 102) to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field,

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and to define the powers of said courts," 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.

The said bill was read the third time.

Resolved, That it pass.

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

Mr. Johnson of Missouri, from the Committee on Claims, to whom was referred the memorial of Leach & Avery, reported

A bill (S. 221) for their relief;
which was read the first and second times and ordered to be printed.

The joint resolution (H. R. 29) for the relief of Maj. Henry R. Hooper was read the first and second times and referred to the Committee on Claims.

The joint resolution (H. R. 30) of thanks to the officers and men of McClung's battery 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 it pass to a third reading.

The said resolution was read the third time.

Resolved, That it pass.

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

The Senate proceeded to consider the amendment of the House of Representatives to the joint resolution (S. 22) for the benefit of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi; and

Resolved, That they concur therein.

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 the 3d instant, approved and signed the following act and joint resolution:

• S. 144. An act to change the time for the assembling of Congress for its next regular session; and
• S. 25. Joint resolution of thanks to the Tennessee troops who have reenlisted for the war.

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. 96) to authorize the issue of certificates for interest on the fifteen million loan; 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 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.

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On motion by Mr. Phelan, to amend the bill by striking out "July," section 5, line 4, and inserting "January,"

It was determined in the affirmative.

On motion by Mr. Johnson of Missouri, to amend the bill by inserting after "State," section 1, line 3, "who shall be persons over the age of forty-five years,"

It was determined in the affirmative.

On motion by Mr. Clark, to amend the bill by inserting, at the end of the first section, the following proviso:
Provided, That the commissioners appointed for the State of Missouri may assemble, and perform their duties under this act, in the State of Arkansas,

It was determined in the affirmative.

On motion by Mr. Johnson of Arkansas, to amend the bill by inserting after "State," section 1, line 3, "where deemed necessary,"

It was determined in the affirmative.

On motion by Mr. Haynes,

That the Senate resolve into secret legislative session,

It was determined in the negative.

No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.

On the question,

Shall the bill be engrossed and read a third time?

After debate,

Mr. Clark demanded the question; which was seconded, and

The question being then put on the engrossment and third reading of the bill,

It was determined in the negative,
• Yeas ... 5
• Nays ... 16

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. Baker, Clark, Johnson of Missouri, Maxwell, and Phelan.

Those who voted in the negative are,

Messrs. Burnett, Caperton, Dortch, Haynes, Henry, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Oldham, Orr, Reade, Semmes, Simms, Sparrow, and Wigfall.

So the bill was rejected.

On motion by Mr. Haynes,

The Senate resolved into secret legislative session.

The doors having been opened,

Mr. Dortch, from the committee, reported that they had examined and found truly enrolled joint resolutions of the following titles:

• S. 27. Joint resolution of thanks to North Carolina troops;
• S. 28. Joint resolution of thanks to the troops from the State of Louisiana in the Army of Tennessee;
• H. R. 26. Joint resolution of thanks to certain Florida troops;
• H. R. 27. Joint resolution of thanks to the division commanded by Major-General Rodes; and
• H. R. 28. Joint resolution of thanks to Brig. Gen. S. D. Ramseur's brigade of North Carolina troops for tendering their services for the war.

The President pro tempore having signed the enrolled joint resolutions 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.

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On motion by Mr. Maxwell,

Ordered, That on and after Monday next the daily hour of meeting of the Senate shall be 11 o'clock, until otherwise ordered.

On motion by Mr. Sparrow,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed the bill of the Senate (S. 158) to organize forces to serve during the war, with amendments; in which they request the concurrence of the Senate.

And they have passed bills of the following titles; in which they request the concurrence of the Senate:

• H. R. 110. An act to authorize the shipment of cotton and tobacco by the Treasury Department; and
• H. R. 113. An act to suspend the privilege of the writ of habeas corpus in certain cases.

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 bill (H. R. 110) to authorize the shipment of cotton and tobacco by the Treasury Department was read the first and second times and referred to the Committee on Commerce.

The bill (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases was read the first and second times and considered as in Committee of the Whole.

On motion by Mr. Johnson of Georgia, that it be transferred to the Open Legislative Calendar,

It was determined in the negative.

On motion by Mr. Clark, to amend the bill by inserting after "Department," section 1, line 8, "by the authority and under the control of the President,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by striking out "shall be," section 1, line 4, and inserting "be, and the same is hereby,"

It was determined in the affirmative.

On motion by Mr. Orr,

Ordered, That the further consideration of the bill be postponed to and made the special order for Monday next at 12 o'clock, and that it be printed.

Mr. Dortch, from the committee, reported that they had examined and found truly enrolled bills of the following titles:

• S. 169. An act to repeal an act entitled "An act supplementary to an act to provide for the funding and further issue of Treasury notes," approved 30th April, 1863.
• S. 182. An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense; and
• S. 183. An act to prohibit the importation of luxuries, or of articles not necessaries or of common use.

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.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 158) to organize forces to serve during the war; and

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On motion by Mr. Sparrow,

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

On motion by Mr. Caperton,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

Richmond, February 4, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate D. A. Outlaw, of Tennessee, to be captain, under the act approved October 11, 1862, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

War Department, Richmond January 30, 1864.

Sir: I have the honor to recommend the nomination of D. A. Outlaw, of Tennessee, to be captain, under the act to raise an additional military force, approved October 11, 1862, to take rank from date of confirmation.

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.

Richmond, February 5, 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, Richmond, February 3, 1864.

Sir: I have the honor to recommend the following nominations for promotion in the Provisional Army of the Confederate States of America:

Colonels.
• Lieut. Col. William Terry, of Virginia, to be colonel Fourth Virginia Regiment, vice Col. C. A. Ronald, resigned, to rank from September 11, 1863.
• Lieut. Col. H. C. Pate, of Virginia, to be colonel Fifth Virginia Cavalry Regiment, vice Col. T. L. Rosser, promoted, to rank from September 28, 1863.
• Lieut. Col. William W. Ward, of Tennessee, to be colonel Ninth Tennessee Cavalry Regiment, vice Col. J. D. Bennett, deceased, to rank from December 23, 1862.
• Lieut. Col. Abraham Fulkerson, of Tennessee, to be colonel Sixty-third Tennessee Regiment, vice Col. R. G. Fain, resigned, to rank from November 9, 1863.
• Lieut. Col. W. J. Winn, of Georgia, to be colonel Twenty-fifth Georgia Regiment, vice Col. C. C. Wilson, promoted, to rank from November 16, 1863.
• Lieut. Col. R. M. Saffell, of Tennessee, to be colonel Twenty-sixth Tennessee Regiment, vice Col. J. L. Bottles, deceased, to rank from October 26, 1863.
• Lieut. Col. A. R. Lankford, of Alabama, to be colonel Thirty-eighth Alabama Regiment, vice Colonel Ketchum, resigned, to rank from November 13, 1863.
• Lieut. Col. G. F. Baucum, of Arkansas, to be colonel Eighth Arkansas Regiment, vice Col. J. H. Kelly, promoted, to rank from November 16, 1863.

Lieutenant-colonels.
• Maj. C. M. Andrews, of North Carolina, to be lieutenant-colonel Nineteenth North Carolina Regiment, vice Lieut. Col. W. G. Robinson, promoted, to rank from July 23, 1863.

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• Maj. R. A. Alston, of Tennessee, to be lieutenant-colonel Ninth Tennessee Cavalry Regiment, vice Lieut. Col. William W. Ward, promoted, to rank from December 23, 1862.
• Maj. John A. Aiken, of Tennessee, to be lieutenant-colonel Sixty-third Tennessee Regiment, vice Lieutenant-Colonel Fulkerson, promoted, to rank from November 9, 1863.
• Maj. James T. Weaver, of North Carolina, to be lieutenant-colonel Sixtieth North Carolina Regiment, vice Lieut. Col. James M. Ray, resigned, to rank from December 23, 1863.
• Maj. M. R. Hall, of Georgia, to be lieutenant-colonel Forty-eighth Georgia Regiment, vice Lieutenant-Colonel Carswell, resigned, to rank from December 18, 1863.
• Maj. John F. Smith, of Mississippi, to be lieutenant-colonel Eighth Mississippi Regiment, vice Lieut. Col. A. McNeill, killed, to rank from September 20, 1863.
• Maj. F. A. Ashford, of Alabama, to be lieutenant-colonel Sixteenth Alabama Regiment, vice Lieutenant-Colonel McGaughy, deceased, to rank from October 7, 1863.
• Maj. W. W. Wood, of Virginia, to be lieutenant-colonel Fourteenth Virginia Regiment, vice Lieutenant-Colonel White, promoted, to rank from October 28, 1863.
• Maj. A. Watkins, of Arkansas, to be lieutenant-colonel Eighth Arkansas Regiment, vice Lieutenant-Colonel Baucum, promoted, to rank from November 16, 1863.

Majors.
• Capt. C. M. Andrews, of North Carolina, to be major Nineteenth North Carolina Regiment, vice Maj. J. W. Woodfin, resigned, to rank from September 6, 1862.
• Capt. Richard McCann, of Tennessee, to be major Ninth Tennessee Cavalry Regiment, vice Major Alston, promoted, to rank from December 23, 1862.
• Capt. W. H. Fulkerson, of Tennessee, to be major Sixty-third Tennessee Regiment, vice Maj. J. A. Aiken, promoted, to rank from November 9, 1863.
• Capt. Alf. A. Singeltary, of Louisiana, to be major Ninth Louisiana Regiment, vice Maj. J. J. Hodges, promoted, to rank from October 8, 1863.
• Capt. James A. Long, of Tennessee, to be major Eleventh Tennessee Regiment, vice Major Thedford, promoted, to rank from December 14, 1863.
• Capt. H. B. Turner, of Alabama, to be major Twenty-ninth Alabama Regiment, vice Major Morris, promoted, to rank from December 9, 1862.
• Capt. W. Watkins, of Mississippi, to be major Eighth Mississippi Regiment, vice Maj. J. F. Smith, promoted, to rank from September 20, 1863.
• Capt. J. C. Hutto, of Alabama, to be major Fiftieth Alabama Regiment, vice Major Gilbert, resigned, to rank from October 14, 1863.
• Capt. W. H. Wylly, of Georgia, to be major Twenty-fifth Georgia Regiment, vice Major Winn, promoted, to rank from September 26, 1863.
• Capt. W. W. Billopp, of Georgia, to be major twenty-ninth Georgia Regiment, vine Maj. J. C. Lamb, killed, to rank from July 13, 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.

Executive Department, Richmond, February 4, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Daniel M. Shriver, of Virginia, to be colonel, under act approved October 11, 1862, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

The message was read.

The Senate proceeded to consider the nomination of Daniel M. Shriver, to be colonel; and

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

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Richmond, Va., February 5, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Attorney-General, I hereby nominate Robert Bowman, to be district attorney for the district of Mississippi.

JEFFERSON DAVIS.

Confederate States of America, Department of Justice,
Richmond, February 3, 1864.

To the President.

Sir: I have the honor to recommend the appointment of Robert Bowman as Confederate States district attorney for the district of Mississippi in place of Carnot Posey, deceased.

Your obedient servant,GEO. DAVIS,
Attorney-General.

The message was read.

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

Executive Department, Richmond, February 6, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate J. V. Gallimard, of Louisiana, to be captain of engineers, to command company of sappers and bombardiers authorized by act of Congress approved May 17, 1861.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, February--, 1864.

Sir: I have the honor to recommend the nomination of J. V. Gallimard, of Louisiana, to be captain, Corps of Engineers, Confederate States Army, to command company of sappers and bombardiers authorized by act of Congress approved May 17, 1861, to rank May 17, 1861.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency the President.

The message was read.

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

Richmond, Va., February 3, 1864.

To the Senate of the Confederate States:

In response to your resolution of the 15th ultimo, I herewith transmit for your information, in executive session, a communication from the Secretary of War relative to the general officers appointed under the act approved October 13, 1862.

JEFFERSON DAVIS.

The message was read.

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

Executive Department, Richmond, February 6, 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.

Confederate States of America, War Department,
Richmond, February--, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Army of the Confederate States of America:

Corps of Artillery.
• W. T. Welcker, of Tennessee, to be captain, to rank from May 3, 1863.

Corps of Cavalry.
• Frank A. Reynolds, of North Carolina, to be second lieutenant, to rank from August 8, 1863.
• John H. Denys, of Texas, to be second lieutenant, to rank from September 23, 1863.

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Infantry.
• Thomas Boyd Edelin, of Maryland, to be first lieutenant, to rank from May 23, 1863.
• J. D. McFarland, of Texas, to be first lieutenant, to rank from June 2, 1863.
• William T. Blackistone, of Maryland, to be second lieutenant, to rank from August 18, 1863.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency the President.

The message was read.

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

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

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