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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, February 9, 1864.
OPEN SESSION.
Mr. Johnson of Arkansas (by leave) introduced
A bill (S. 222) relating to the appointment of a general and lieutenant-generals;
which 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 President of the Confederate States has notified the House of Representatives that on the 3d instant he approved and signed an act (H. R. 97) to authorize the President to assign judges of military courts from one court to another.
The House of Representatives have passed a joint resolution (H. R. 31) of thanks to the Tenth Mississippi Regiment; in which they request the concurrence of the Senate.
On motion by Mr. Semmes,
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Ordered, That the President pro tempore appoint a member on the Committee on Finance to fill the vacancy occasioned by the retirement of the Hon. George Davis; and
Mr. Reade was appointed.
Mr. Semmes presented the memorial of noncommissioned officers and privates detailed as clerks in the Executive Departments at Richmond, praying the passage of a law extending to them the benefits of the act to increase the compensation of certain civil officers and employees in the President's office and in the executive and legislative departments in Richmond for a limited period; which was referred to the Committee on Finance.
Mr. Orr presented the memorial of the ladies employed in the Treasury note division at Columbia, S. C., praying, for an increase of their salaries; which was referred to the Committee on Finance.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 106) to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermaster's Department, reported it with amendments.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 112) to authorize the President to establish additional military courts, reported it with an amendment.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
A joint resolution (H. R. 22) of thanks to Maj. Gen. Patrick R. Cleburne and the officers and men under his command for distinguished services at Ringgold Gap, in the State of Georgia, November 27, 1863.
The President pro tempore having signed the enrolled joint resolution 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.
The joint resolution (H. R. 31) of thanks to the Tenth Mississippi Regiment 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 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,
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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
After debate,
On motion by Mr. Dortch,
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:
Mr. President: The President of the Confederate States, on the 6th instant, approved and signed the following joint resolutions:
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives agree to the second, third, and sixth amendments of the Senate to the bill (H. R. 75) to amend an act to regulate impressments, approved March 26, 1863, and to repeal an act amendatory thereof, approved April 27, 1863, and disagree to the first, fourth, and fifth amendments of the Senate to the said bill.
On motion by Mr. Johnson of Arkansas,
Ordered, That the Senate take a daily recess from half past 3 to 7 o'clock p. m., for the residue of the session, commencing to-morrow.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 8, 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 the report by Gen. John S. Williams "of the operations of the forces under his command at Blue Springs, Henderson, and Rheatown, Tenn."
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Sparrow,
The Senate adjourned.
SECRET SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The President of the Confederate States has notified the House of Representatives that on the 3d instant he approved and signed an act (H. R. 93) to organize a Treasury note bureau.
The House of Representatives have passed a joint resolution (H. R. 32) in reference to the exchange of prisoners; in which they request the concurrence of the Senate.
The joint resolution (H. R. 32) last mentioned was read the first and second times and referred to the Committee on Military Affairs.
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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 6th instant, approved and signed the following acts:
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the amendments of the House of Representatives to the bill (S. 158) to organize forces to serve during the war, reported them without amendment.
The Senate proceeded to consider the amendments of the House of Representatives to the bill last mentioned; and
On motion by Mr. Sparrow,
Resolved, That the Senate disagree to the amendments of the House of Representatives to said bill, and ask a conference on the disagreeing votes of the two Houses thereon.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Sparrow, Mr. Wigfall, and Mr. Johnson of Georgia were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Clay,
Ordered, That the injunction of secrecy be removed from the following bills:
Mr. Clay, from the Committee on Commerce, to whom was referred the bill (H. R. 110) to authorize the shipment of cotton and tobacco by the Treasury Department, reported it with the recommendation that it ought not to pass.
Mr. Orr, from the Committee on Foreign Affairs, to whom was referred the bill (H. R. 101) making additional appropriation of secret service money, 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. Orr (by leave) introduced
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A bill (S. 223) to make exchequer notes a legal tender in payment of debts;
which was read the first and second times and considered as in Committee of the Whole; and
On motion by Mr. Orr,
Ordered, That it lie upon the table.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases.
On motion by Mr. Johnson of Georgia, to amend the bill by striking out, in the tenth, eleventh, twelfth, and thirteenth lines of the first section, the words
by the restraint of persons, even when the proof is not complete, and when the ordinary process of law is insufficient for the public safety,
It was determined in the affirmative.
On motion by Mr. Johnson of Georgia, to amend the bill by inserting after "safety," section 1, line 10, "by suspending the writ of habeas corpus,"
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out of the first section the following words:
It is hereby declared that the purpose of Congress in the passage of this act is to provide more effectually for the public safety by suspending the writ of habeas corpus in the following cases, and no other:
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Burnett, Clark, Clay, Dortch, Henry, Hill, Phelan, Simms, and Wigfall.
Those who voted in the negative are,
Messrs Baker, Brown, Caperton, Haynes, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, Orr, Reade, Semmes, and Sparrow.
On motion by Mr. Dortch, to amend the bill by stroking out the words "Of treason, misprision of treason, and insurrections," section 1, line 14, and inserting in lieu thereof the words "Of treason, or treasonable efforts or combinations to subvert the Government of the Confederate States,"
It was determined in the affirmative.
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On motion by Mr. Hill, to amend the bill by striking out of the first section the words
Of treason, or treasonable efforts or combinations to subvert the Government of the Confederate States.
Of conspiracies to overthrow the Government, or resist the lawful authority of the Confederate States,
It was determined in the negative.
On motion by Mr. Johnson of Arkansas, to amend the bill by inserting after "or," section 1, line 15, "conspiracies to,"
It was determined in the affirmative.
On motion by Mr. Johnson of Georgia, to amend the bill by striking out, section 1, lines 15 and 16,
Of conspiracies to overthrow the Government, or conspiracies to resist the lawful authority of the Confederate States,
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Haynes, Hill, Jemison, Johnson of Georgia, Oldham, Orr, and Reade.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Clark, Clay, Dortch, Henry, Hunter, Johnson of Arkansas, Maxwell, Phelan, Semmes, Simms, Sparrow, and Wigfall.
On motion by Mr. Dortch, to amend the bill by inserting after line 16, section 1, the following clause:
It was determined in the affirmative.
On motion by Mr. Johnson of Georgia, to amend the bill by inserting after "service," section 1, line 20, "by any other than lawful mean,"
After debate,
Mr. Haynes demanded the question; which was seconded, and
The question being then put on agreeing to the amendment proposed by Mr. Johnson of Georgia,
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. Baker, Caperton, Dortch, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Johnson of Missouri, Maxwell, Oldham, Orr, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Clark, Clay, Henry, Johnson of Arkansas, Phelan, Sparrow, and Wigfall.
On motion by Mr. Johnson of Arkansas, that the last-mentioned vote be reconsidered,
On motion by Mr. Sparrow,
The Senate resolved into executive session.
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EXECUTIVE SESSION.
The following messages were received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Richmond, February 8, 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.
No. 37.]Confederate States of America, War Department,
Richmond, February 2, 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 message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Executive Department, Richmond, February 2, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen. Charles W. Field of Kentucky, to be major-general in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, February 6, 1864.
Sir: I have the honor to recommend the nomination of Brig. Gen. Charles W. Field, of Kentucky, to be major-general in the Provisional Army of the Confederate States of America, to 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.
Executive Department, Richmond, February 8, 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.
No. 40.]Confederate States of America, War Department,Richmond, February 5, 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.
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., February 8, 1864.
Confederate States of America, Navy Department,
Richmond, February 8, 1864.
The President.
Sir: I have the honor to recommend the following nominations for appointment in the Navy, under act of Provisional Congress No. 331, approved December 24, 1861:
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.
Executive Department, Richmond, February 8, 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.
No. 41.]Confederate States of America, War Department,
Richmond, February 5, 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 message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Executive Department, Richmond, February 8, 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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Confederate States of America, War Department,
Richmond, February 8, 1864.
Sir: I have the honor to recommend the following nominations for appointment in the Army of the Confederate States of America:
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.
Executive Department, Richmond, February 8, 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.
No. 39.]Confederate States of America, War Department,
Richmond, February 5, 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.
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 office designated.
JEFFERSON DAVIS.
Richmond, Va., February 8, 1864.
Confederate States of America, Navy Department,
Richmond, February 5, 1864.
The President.
Sir: I have the honor to recommend the following nominations for appointment in the Marine Corps:
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.
Richmond, February 8, 1864.
To the Senate:
I have the honor to request that you will return to me my message nominating R. V. Richardson, to be brigadier-general.
JEFFERSON DAVIS.
The message was read.
Ordered, That the nomination of R. V. Richardson, to be brigadier-general, be returned to the President.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the nomination of Robert Bowman, to be district attorney for the district of Mississippi, reported, with a recommendation that said nomination be confirmed.
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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.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
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