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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 --THURSDAY, February 11, 1864.
OPEN SESSION.
The President pro tempore laid before the Senate a memorial of C. Y. Morriss, praying for the exemption from military service of the officers and employees of the James River Canal Packet Company; which was referred to the Committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom as referred the joint resolution (H. R. 33) to declare the meaning of an act allowing hospital accommodations to sick and wounded officers, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution last mentioned, 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.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 213) to amend an act entitled "An act to provide and organize engineer troops to serve during the war," approved March 20, 1863, reported it without amendment.
Mr. Sparrow, from the Committee on Military Affairs, to Whom were referred the following bills:
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. 108) to establish certain post routes therein named, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and the reported amendments having been agreed to, the bill was reported to the Senate and the amendments 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.
Mr. Caperton (by leave) introduced
A joint resolution (S. 30) of thanks to certain Virginia regiments who have reenlisted for the war;
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.
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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. Dortch, from the committee, reported that they had examined and found truly enrolled bills and a joint resolution of the following titles:
The President pro tempore having signed the enrolled bills and enrolled joint resolution 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.
On motion by Mr. Seemes,
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 the bill of the Senate (S. 179) making allowances to officers of the Navy of the Confederate States, under certain circumstances, and to amend an act entitled "An act to provide for the organization of the Navy," approved March 16, 1861.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 11, 1864.
To the Senate and House of RepresentatIves:
I herewith transmit for your consideration a communication from the Secretary of the Treasury, submitting estimates of additional sums needed for the support of the Government.
I recommend an appropriation of the amount specified for the purposes indicated.
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., February 11, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, submitting an estimate of the sum needed for the conscription service.
I recommend an appropriation of the amount specified for the purpose indicated.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
The Senate proceeded, as in Committee of the Whole, to the consideration of the following bills:
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courts to attend the Army of the Confederate States in the field, and to define the powers of said courts," approved October 9, 1862; and
Ordered, That they be engrossed and read a third time.
The said bills were severally read the third time.
Resolved, That they pass, and that the titles thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill [H. R. 112) to authorize the President to establish additional military courts.
On the question to agree to the following reported amendment, viz: Insert, at the end of the bill, the words
Which courts shall be organized, and have the same powers and duties, and the members thereof appointed, as provided by law: Provided, That the members thereof shall be selected from persons who have been incapacitated for active service in the field by reason of wounds, or disease contracted whilst in service, or from persons over forty-five years of age,
On motion by Mr. Hill, to amend the amendment by striking out the words
Provided, That the members thereof shall be selected from persons who have been incapacitated for active service in the field by reason of wounds, or disease contracted whilst in service, or from persons over forty-five years of age,
On motion by Mr. Sparrow,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Haynes, Henry, Hill, Hunter, and Oldham.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Clay, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Mitchel. Orr, Phelan, Semmes, Simms, Sparrow, and Wigfall.
The reported amendment was then agreed to.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 203) to amend the sixty-fifth article of war; 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.
On motion by Mr. Sparrow, the vote on passing the bill (S. 199) to
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amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts," approved October 9, 1862, was reconsidered.
On motion by Mr. Sparrow, the vote on ordering the bill to its engrossment and third reading was also reconsidered.
The Senate resumed the consideration of the said bill; and
On motion by Mr. Hill,
Ordered, That the further consideration thereof be postponed until to-morrow.
On motion by Mr. Clark,
The Senate adjourned.
SECRET SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
The bills (H. R. 115 and H. R. 116) last mentioned were severally read the first and second times and referred to the Committee on Finance.
Mr. Semmes, from the Committee on Finance, to whom were referred the amendments of the House of Representatives to the amendments of the Senate to the bill (H. R. 92) to tax, fund, and limit the currency, reported thereon.
The Senate proceeded to consider the amendments of the House of Representatives to their amendments to the bill (H. R. 92) last mentioned; and
On motion by Mr. Semmes,
Resolved, That the Senate insist on their amendments to said bill.
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. 197) to redeem outstanding Treasury notes and discharge the public debt, and thereby restore the public credit.
On motion by Mr. Simms, to amend the bill by striking out "March," section 1, line 7, and inserting "April,"
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendment was concurred in.
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 (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases.
On motion by Mr. Oldham, to reconsider the vote on disagreeing to the following amendment, viz: Strike out the words "and of attempts to avoid military service," section 1, lines 19 and 20,
Mr. Johnson of Arkansas demanded the question; which was seconded, and
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The question being then put on the motion to reconsider,
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, Maxwell, Oldham, Orr, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
The said amendment being again under consideration, viz: Strike out the words "and of attempts to avoid military service," section 1, lines 19 and 20,
On motion by Mr. Caperton, to amend the words proposed to be stricken out by adding thereto the words "by leaving or attempting to leave the country in fraud of the conscript laws, or in any other illegal manner,"
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, Maxwell, Oldham, Orr, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
On the question to agree to the amendment proposing to strike out the words "and of attempts to avoid military service," section 1, lines 19 and 20,
Mr. Dortch demanded the question; which was seconded, and
The question being then put,
It was determined in the negative.
On motion by Mr. Burnett, to reconsider the vote on agreeing to the following amendment proposed by Mr. Caperton, viz: After "service," section 1, line 20, insert "by leaving or attempting to leave the country in fraud of the conscript laws, or in any other illegal manner,"
On motion by Mr. Burnett,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Caperton, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, Reade, and Semmes.
On the question to agree to the amendment proposed by Mr. Caperton,
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On motion by Mr. Burnett,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Caperton, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
On motion by Mr. Dortch, to amend the bill by striking out the fourth clause of the first section, as follows:
Of desertions or encouraging desertions, of harboring deserters, and of attempts to avoid military service: Provided, That in cases of palpable wrong and oppression by any subordinate officer upon any party who does not legally owe military service, his superior officer shall grant prompt relief to the oppressed party, and the subordinate shall be dismissed from office,
and inserting: "Of desertions, of encouraging desertion, or harboring deserters,"
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, Maxwell, Oldham, Orr, and Reade.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Semmes, Simms, Sparrow, and Wigfall.
On motion by Mr. Wigfall, to amend the bill by striking out all after the enacting clause and inserting:
That the writ of habeas corpus be, and the same is hereby, suspended in all the States of the Confederacy until ninety days after the next meeting of Congress.
On motion by Mr. Clay,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Clay, Henry, Jemison, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, Oldham, Phelan, Semmes, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
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Messrs. Baker, Burnett, Caperton, Clark, Dortch, Haynes, Hunter, Johnson of Georgia, Orr, and Reade.
On motion by Mr. Burnett,
The last-mentioned vote was reconsidered.
The amendment proposed by Mr. Wigfall being again under consideration,
On motion by Mr. Haynes, to amend the same by striking out all after "That," in the first line, and inserting:
during the present invasion the privilege of the writ of habeas corpus be, and the same is hereby, suspended throughout the Confederate States in all cases where the person arrested may be charged--
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. Baker, Caperton, Hawnes, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Orr, and Reade.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Oldham, Phelan, Semmes, Simms, Sparrow, and Wigfall.
On motion by Mr. Jemison, that the last-mentioned vote be reconsidered,
It was determined in the negative.
On motion by Mr. Sparrow, to amend the amendment proposed by
Mr. Wigfall by striking out the third section thereof,
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. Brown, Burnett, Clark, Clay, Dortch, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
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Messrs. Baker, Caperton, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, Reade, and Semmes.
On the question to agree to the amendment proposed by Mr. Wigfall, as amended,
On motion by Mr. Dortch,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clay, Henry, Johnson of Arkansas, Mitchel, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Burnett, Caperton, Clark, Dortch, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Johnson of Missouri, Maxwell, Oldham, Orr, Phelan, Reade, and Semmes.
No further amendment being proposed, 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.
On the question,
Shall the bill now pass?
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. Brown, Burnett, Caperton, Clark, Clay, Dortch, Henry, Hunter, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, and Sparrow.
Those who voted in the negative are,
Messrs. Baker, Haynes, Hill, Jemison, Johnson of Georgia, Oldham, Orr, Reade, Semmes, and Wigfall.
On motion by Mr. Johnson of Arkansas, that the vote on passing the bill be reconsidered,
It was determined in the negative.
So it was
Resolved, That this bill pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 11, 1864.
To the Senate and House of Representatives:
I herewith transmit and recommend to your favorable consideration, in secret session, a communication from the Secretary of the Navy, asking for authority to transfer the amount appropriated under secret act No. 6, approved September 19, 1862, to the appropriation under secret act No. 31, approved October 6, 1862.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
On motion by Mr. Semmes,
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Ordered, That the bill (H. R. 115) to amend an act entitled "An act to lay taxes for the common defense and carry on the Government of the Confederate States," approved April 24, 1863, be printed.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of A. C. Edwards, George H. Jones, Martin H. Cofer, W. R. Peck, B. Timmons, Robert W. Pitman, William A. Feeney, R. W. Withers, J. Randolph Lane, Benjamin R. Hart, to be colonels; E. F. Bookter, George W. Law, Philip Lee, J. C. Gordon, C. D. Anderson, W. Smith Davis, J. C. Goodgame, R. Randolph, H. T. Toulmin, M. R. Hall, Thomas H. Watkins, John J. Hodges, Thomas W. Thompson, William L. Clarke, Beverly L. Dyer, E. T. Stackhouse, E. Warfield, John W. Dawson, Jack Wharton, C. W. Heiskell, Andrew M. Nelson, Samuel H. Saunders, William A. Feeney, to be lieutenant-colonels; Charles J. Moffett, W. J. Pfohl, John D. Lilley, Jos. H. Millett, W. Jerry Crook, Wilson Harper, E. G. Brasher, M. M. Patrick, P. F. Ross, J. M. Hancock, Andrew M. Nelson, Robert W. Locke, Samuel H. Saunders, J. M. Richardson, James G. Deaderick, John Westcott, T. E. Upshaw, W. C. Parker, H. McDowell, E. M. Dodson, James T. Adams, W. M. Arnold, Samuel Sharp, John W. Davis, R. M. Tankesley, J. W. Drane, W. C. Capers, W. B. Wooldridge, E. H. Armistead, T. F. Clyburn, George W. Maxson, John K. Allen, to be majors; H. W. Fowler, McMillan King, to be captains; J. D. Scott, F. C. Lucas, W. H. Grimball, E. J. Simkins, to be first lieutenants, 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 Frank J. Hahr, Edward McCrady, jr., Thomas J. Hudson, Richard Richardson, to be commandants of camps of instruction, with the rank of major; Henry Goldthwaite, Lamar Cobb, J. B. Cumming, to be assistant adjutants-general, with the rank of major; C. L. D. Elgee, S. P. Cunningham, C. Powell Grady, B. A. Terrett, Henry Ewing, to be assistant adjutants-general, with the rank of captain; I. P. Girardey, Joseph Denegre, Charles Semple, J. W. Gillespie, to be military storekeepers, with the rank of captain of infantry; Frank P. Buckner, Griffin S. Ward, James M. Muldon, jr., John S. Greer, to be military storekeepers, with the rank of first lieutenant of infantry, 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. Jemison, from the Committee on Naval Affairs, to whom were referred the nominations of James D. Johnston, to be commander; Charles W. Read, Sardine G. Stone, to be first lieutenants in the Regular
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Navy; John R. Price and William W. Read, to be masters, in the line of promotion; John F. Wheless and Willis B. Cobb, to be assistant paymasters; 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 J. F. Scott, to be surgeon, 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.
Mr. Baker, from the Committee on Naval Affairs, to whom were referred the nominations of Nathaniel K. Henderson, James W. Belvin, William T. Williams, Watkins L. Warren, and Robert Kuykendall, to be assistant surgeons for the war; Lloyd B. Stephenson, Ruffin Thomson, and Thomas St. George Pratt, to be second lieutenants in the Marine Corps; Marshall L. Sothoron, to be assistant paymaster, 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.
The following message was received from the President of the Confederate States, by Mr. Harrison, his Secretary:
Richmond, February 11, 1864.
To the Senate:
Agreeably to the recommendation of the Postmaster-General, I hereby nominate the persons named upon the annexed list to the offices designated.
JEFFERSON DAVIS.
Post-Office Department, Richmond, February 9, 1864.
Sir: I have the honor to recommend for appointment as postmasters, with the advice and consent of the Senate, the following persons who were appointed during the recess of the Senate:
Very respectfully, your obedient servant,JOHN H. REAGAN,
Postmaster-General.
To the President.
The message was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of D. M. Carter as presiding judge; D. C. Glenn and P. B. Whittle as members of the court; Thomas P. Hill as judge-advocate; C. E. Hooker as presiding judge; John B. Sale as member of the court; W. P. Johnson as judge-advocate; James Conner and D. A. Wilson, to be members of the court; Edwin G, Lee, to be a member of the court; Benton Randolph, to be judge-advocate;
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W. C. Bird, to be a member of the court; M. P. Jarnagin, to be judge-advocate, and H. C. Graham, to be judge-advocate, 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.
On motion by Mr. Orr,
The Senate resolved into open legislative session.
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