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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 13, 1864.
OPEN SESSION.
Mr. Maxwell (by leave) introduced
A bill (S. 228) in relation to trading with the enemy;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Johnson of Georgia (by leave) introduced
A joint resolution (S. 31) of thanks to Commander John Taylor Wood and the officers and men under his command for daring and brilliant conduct;
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.
Mr. Dortch (by leave) introduced
A joint resolution (S. 32) of thanks to the Fifteenth, Twenty-seventh, and Thirtieth regiments of North Carolina troops for their patriotic devotion in reenlisting 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.
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 President pro tempore laid before the Senate the memorial of Dabney H. Maury, praying that the penmen of his mother, Mrs. Eliza
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Maury, may be continued; which was referred to the Committee on Naval Affairs.
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. 90) to make additional appropriations for the support of the Government of the Confederate States of America for the fiscal year ending June 30, 1864, reported them with amendments.
The Senate proceeded to consider the amendments of the House of Representatives to their amendments to the bill (H. R. 90) last mentioned; and the amendments reported from the Committee on Finance having been agreed to,
Resolved, That the Senate agree to the amendments of the House of Representatives to their amendments to said bill, with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 114) to provide for increasing the price of the rations for sick and wounded soldiers in hospitals, reported it with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and the reported amendment having been agreed to, 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, I hat it pass with an amendment.
On motion by Mr. Sparrow,
The title was amended to read: "An act to increase the commutation value of hospital rations."
Ordered, That the Secretary request the concurrence of the House of Representatives [therein].
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the following subjects:
Memorial of R. W. Gibbes, M. D., president of the Press Association of the Confederate States of America, praying a change in the present exemption law so far as relates to them.
A resolution inquiring into the expediency of organizing and strengthening the Trans-Mississippi Department by the appointment of an assistant Secretary of War, with proper quartermaster, commissary, and ordnance and other bureaus, as a means of giving efficiency to the defense of the States and Territories west of the Mississippi River.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
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Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 119) to provide for holding elections for Representatives in the Congress of the Confederate States of America from the State of Arkansas, 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.
On motion by Mr. Hill,
Ordered, That the Committee on the Judiciary be discharged from the further consideration of the memorial of Margaret I. Stockwell, praying the passage of a law relieving the property of her husband, James A. Stockwell, who has deserted from the Army of the Confederate States, from the operation of the confiscation laws.
Mr. Baker, from the Committee on Claims, to whom was referred the joint resolution (H. R. 29) for the relief of Maj. Henry R. Hooper, reported it without amendment.
Mr. Burnett, from the Committee on Claims, to whom were referred the following bill and joint resolution:
On motion by Mr. Semmes,
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 a bill and joint resolutions of the following titles; in which they request the concurrence of the Senate:
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.
Mr. Dortch, from the committee, reported that they have examined and found truly enrolled bills and joint resolutions of the following titles:
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The President pro tempore having signed the enrolled bills and 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.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 107) to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities; and
On motion by Mr. Johnson of Arkansas,
Ordered, That it be transferred to the Secret Legislative Calendar.
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 10th instant, approved and signed an act (S. 159) to authorize the appointment of an agent of the Post-Office Department, and such clerks as may be necessary, to carry on the postal service in the States west of the Mississippi River.
And on the 11th instant he approved and signed the following acts and joint resolutions:
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Wigfall (by leave) introduced
A bill (S. 229) to amend an act entitled "An act to establish the judicial courts of the Confederate States of America," approved March 16, 1861; which was read the first and second times and considered as in Committee of the Whole; and
The hour of half past 3 o'clock having arrived,
The Senate took a recess until 7 o'clock p. m.
7 O'CLOCK P. M.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 12, 1864.
To the Senate of the Confederate States:
In response to your resolution of the 2d ultimo, I herewith transmit for your information a communication from the Secretary of the Treasury relative to the assessment and collection of taxes under the act approved May 1, 1863.
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 12, 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 General Beauregard, connected with the defense of Charleston."
JEFFERSON DAVIS.
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The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
The following bills were severally read the first and second times and referred to the Committee on the Judiciary:
The bill (H. R. 121) to provide for the payment of horses killed, captured, lost, or permanently disabled in the Confederate States service was read the first and second times and referred to the Committee on Military Affairs.
The bill (H. R. 122) to fix the compensation for the publication in the public gazettes of the acts of Congress was read the first and second times and referred to the Committee on Printing.
The bill (H. R. 125) to establish and organize two bureaus in connection with the agency of the Treasury for the Trans-Mississippi Department, one of which is to be known as the bureau of the auditor and the other as the bureau of the comptroller for the Trans-Mississippi Department, was read the first and second times and referred to the Committee on Finance.
The bill (H. R. 124) to amend an act entitled "An act to organize the Territory of Arizona" 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 bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The joint resolution (H. R. 42) of thanks to the Thirty-ninth Mississippi Regiment was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Orr, to amend the resolution by striking out the preamble.
It was determined in the affirmative.
On motion by Mr. Orr, to amend the resolution by striking out of the first section the words "for the noble sentiments proclaimed in the meeting aforesaid, and,"
It was determined in the affirmative.
No further amendment being proposed, the resolution was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the resolution read a third time.
The said resolution 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 following joint resolutions were severally read the first and second times and considered as in Committee of the Whole:
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Ordered, That they pass to a third reading.
The said resolutions were severally read the third time.
Resolved, That they pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 220) to expedite the payment of the claims of deceased soldiers, reported it with the recommendation that it ought not to pass.
The Senate proceeded to consider the amendment of the House of Representatives to their amendment to the bill (H. R. 112) to authorize the President to establish additional military courts; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 210) to aid any State in communicating with and perfecting records concerning its troops; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendment of the House of Representatives to 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
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Semmes, from the Committee on Finance, to whom was referred, at the last session, the bill (S. 93) to provide tobacco for the Army, reported it without amendment.
The Senate proceeded to the consideration of the bill last mentioned; and
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. 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 to and made the special order for Monday next at half past 11 o'clock.
The Senate resumed, as in Committee of the Whole, the consideration
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of the bill (S. 187) declaring persons owing military service to the Confederate States, and who seek to avoid such service by removing beyond the control and jurisdiction of said States, alien enemies, and subjecting their property, to confiscation; and
On motion by Mr. Clark,
Ordered, That the further consideration thereof be postponed until Monday next.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed joint resolutions of the Senate of the following titles:
And they have passed joint resolutions of the following titles; in which they request the concurrence of the Senate:
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.
The Senate proceeded to consider the motion submitted by Mr. Semmes on the 4th instant, to reconsider the vote on passing the bill (S. 195) creating the office of ensign in the Army of the Confederate States; and
On motion by Mr. Johnson of Arkansas, the Senate resolved into secret legislative session for the further consideration thereof.
The doors having been opened,
The Senate resumed the consideration of the said motion; and
On the question to agree thereto,
It was determined in the negative.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 193) to abolish the office of third lieutenant of infantry in the Army of the Confederate States; and
On motion by Mr. Haynes,
Ordered, That the further consideration thereof be postponed indefinitely.
On motion by Mr. Semmes,
The Senate resolved into secret legislature session.
The doors having been opened,
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 106) to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermaster's Department.
The reported amendments having been agreed to,
On motion by Mr. Orr, further to amend the bill by inserting the following independent section:
It was determined in the negative.
No further amendment being proposed, the bill was reported to the Senate and the amendments were concurred in,
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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. 111) for the relief of Livingston Mims; 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 to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 82) to grant a special copyright to W. J. Hardee and S. H. Goetzel for Hardee's Rifle and Infantry Tactics; and
On motion by Mr. Phelan,
Resolved, That the Senate recede from their amendment to the 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. 192) to regulate the allowance of traveling expenses of officers of the Navy and others traveling under orders.
On the question to agree to the following amendment proposed to the bill by Mr. Simms, viz: Strike out all after the enacting clause and insert:
That officers of the Navy and others traveling under orders of the Navy Department shall be allowed the same pay as that allowed officers and other persons traveling under orders of the War Department,
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendment was 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 proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 29) for the relief of Maj. Henry R. Hooper; 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 following joint resolutions were severally read the first and second times and considered as in Committee of the Whole:
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Ordered, That they pass to a third reading.
The said resolutions were severally read third time.
Resolved, That they pass.
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 (S. 221) for the relief of Leach & Avery; and
On motion by Mr. Dortch, that the further consideration thereof be postponed indefinitely,
On motion by Mr. Jemison,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Caperton, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Mitchel, Oldham, Orr, Phelan, and Reade.
Those who voted in the negative are,
Messrs. Baker, Clark, Jemison, Johnson of Missouri, and Semmes.
So it was
Ordered, That the further consideration of the bill be postponed indefinitely.
On motion by Mr. Baker,
The Senate adjourned.
SECRET SESSION.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government.
On the question to agree to the motion submitted by Mr. Sparrow on yesterday to reconsider the vote on agreeing to the following amendment proposed by Mr. Hill, as amended, viz:
Strike out all of the first and second clauses of the second section of the bill after "the," in the first line, and insert:
amount of each purchase of real estate, slaves, cotton, tobacco, whisky, brandy, wine, gold, foreign exchange, and foreign currency, purchased since the first day of July, eighteen hundred and sixty-two, there shall be levied and collected of the purchaser a tax of ten per cent in addition to all other taxes levied upon the value of such property, and upon the income and profits thereof:Provided, That this tax shall not imposed upon any real estate purchased for a home or residence and used as such,
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, Caperton, Clay, Dortch, Haynes, Henry, Hunter, Jemison, Maxwell, Oldham, Orr, Phelan, Reade, Semmes, Simms, and Sparrow.
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Those who voted in the negative are,
Messrs. Baker, Clark, Hill, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Mitchel, and Wigfall.
The said amendment being again under consideration,
On the question to agree thereto,
After debate,
Mr. Caperton demanded the question; which was seconded, and
The question being then put on agreeing to the amendment proposed by Mr. Hill, as amended,
It was determined in the negative.
On the question to agree to the following reported amendment, viz: Strike out "five per cent," section 2, line 22, and insert "two and a half per cent,"
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
On the question to agree to the following reported amendment, viz: Strike out "five per cent," section 3, line 3, and insert "two and a half per cent,"
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
On the question to agree to the following reported amendment, viz: Strike out "five per cent," section 3, line 7, and insert "two and a half per cent,"
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
On motion by Mr. Phelan, to amend the bill by striking out the words "to be assessed and collected in kind," section 3, line 4,
It was determined in the affirmative.
On the question to agree to the following reported amendment, viz: Strike out "five per cent," section 3, line 12, and insert "two and a half per cent,"
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
On the question to agree to the following reported amendment, viz: At the end of the third section insert the words
to be deducted from the face of said Treasury notes when presented for payment, or in payment of public dues, or for funding and said tax shall attach to said Treasury notes wherever circulated,
Mr. Semmes (on behalf of the Committee on Finance, by leave) withdrew the amendment.
On motion by Mr. Semmes, to amend the bill by striking out of the third section the words
the amount of all solvent credits and of all bank bills and all other paper used as currency, exclusive of Confederate Treasury notes, five per cent; and on all Treasury
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notes above the denomination of five dollars, except interest-bearing Treasury notes, twenty-five per cent,
and inserting:
the amount of all solvent credits not employed in a business the income derived from which is taxed, and of all bank bills, and all other paper used as currency, exclusive of Confederate Treasury notes, two per cent; and on all Treasury notes above the denomination of five dollars, except interest-bearing Treasury notes, twenty-five per cent, to be deducted from the face of said Treasury notes when presented for payment, or in payment of public dues, or for funding; and said tax shall attach to said Treasury notes wherever circulated,
It was determined in the affirmative.
On motion by Mr. Hill, to amend the bill by inserting, at the end of the third section, the following clause:
On motion by Mr. Orr, to amend the proposed amendment by adding thereto the following proviso:
Provided further, That there shall be exempt from the tax all purchases under judicial sales,
It was determined in the affirmative.
On motion by Mr. Brown, to amend the proposed amendment by adding thereto the following additional proviso:
And provided further, That the tax shall not be collected on real estate purchased in good faith as a permanent investment, and with no view to speculation; the fact to be ascertained by the affidavit of the party making purchase,
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Hill, as amended,
It was determined in the negative.
On the question to agree to the following reported amendment, viz: Strike out "five per cent," section 5, line 4, and insert "two and a half per cent,"
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
On the question to agree to the following reported amendment, viz: Strike out of the seventh section the words
That in calculating the tax of five per cent on the value of property employed in agriculture, the reduction of three per cent thereof shall be suspended till the value of the tax in kind for eighteen hundred and sixty-four shall be assessed and ascertained,
and insert
That the collection of the tax of two and a half per cent on the value of property employed in agriculture shall be suspended until the value of the tax in kind for the year eighteen hundred and sixty-four shall be assessed and ascertained,
On motion by Mr. Semmes, to amend the amendment by striking out "two and a half" and inserting "two,"
It was determined in the affirmative.
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The amendment as amended was then agreed to.
On the question to agree to the following reported amendment, viz:
Insert the following independent sections:
It was determined in the negative.
The residue of the amendments reported from the Committee on Finance were then agreed to.
On motion by Mr. Sparrow, to amend the bill by inserting at the end of the first section the words
Except in case where land, slaves, cotton, or tobacco have been purchased since the first day of January, eighteen hundred and sixty-two, in which case the said land, slaves, cotton, and tobacco so sold shall be assessed at the price paid for the same by the owner,
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out of the first section the third clause, as follows:
On motion by Mr. Phelan,
The yeas and nays lining desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clay, Johnson of Arkansas, Johnson of Missouri, Mitchel, and Phelan.
Those who voted in the negative are,
Messrs. Baker, Brown, Caperton, Dortch, Haynes, Henry, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, Reade, Semmes, and Sparrow.
On motion by Mr. Orr, to amend the bill by striking out "for twelve months preceding the passage of this act," section 6, lines 22 and 23,
It was determined in the affirmative.
On motion by Mr. Johnson of Arkansas, to reconsider the vote on agreeing to the following reported amendment, viz: Insert the following independent section:
On motion by Mr. Johnson of Arkansas,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
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Messrs. Baker, Johnson of Arkansas, and Mitchel.
Those who voted in the negative are,
Messrs. Brown, Caperton, Clay, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Johnson of Missouri, Maxwell, Orr, Phelan, Reade, Semmes, and Sparrow.
No further amendment being made, 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.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
To the Senate and House of Representatives of the Confederate States of America:
I feel impelled, by the condition of the country, earnestly to recommend to your adoption the extension of the conscription already recommended in my annual message of the 7th December last, and to inform you that the preparations made by the enemy for the campaign of the present year warn us that our armies in the field must be reenforced to the utmost possible extent.
The agricultural interests of the country must be protected and fostered, or we shall be unable to raise the supplies necessary for the subsistence of the Army, as well as of the people at home. How is this to be done?
There is no possibility of affording adequate local protection by our armies in the field, which must of necessity be kept concentrated to resist the main columns of the invading forces of the enemy. Our farms and depots can only be protected from destructive raids by the men who remain at home engaged in mechanical, agricultural, and other pursuits.
There are but two modes of rendering these classes available for such purpose. One is by calling them out as militia. The other by enrolling them under Confederate authority. I propose, in a few words, to contrast these modes.
If those left at home are available only as militia, it will become necessary to make requisitions for them on the States, in advance of any pressing necessity for their services, because of the delays which are always involved in obtaining forces under such calls. When called out, it will naturally result that the men will be retained for long periods in the field or in camp, to be ready for emergencies, as they could not, if discharged, be promptly recalled when required. This method of using the reserves will tell with disastrous effect on our agriculture.
On the other hand, troops for local defense and special service, as organized under the act of 21st August, 1861, would afford the Commander in Chief the means of calling out the men embraced in such organizations at a moment's warning, and enable him, without imprudence, to dismiss them the moment the danger had disappeared. They would probably not be absent from the fields and workshops more than two or three weeks at a time, and there would thus be no serious interruption to the productive industry of the country. If the spirit which rendered volunteering so general among all classes of citizens at the beginning of the war were still prevalent, there would be no necessity for the proposed legislation, as the citizens would readily join the organizations provided in the law above mentioned. But as this is not the case, it is necessary that conscription for local defense should replace volunteering.
If Congress should decline to adopt this measure, which my sense of what is needed for the public defense forces me again to urge upon its attention, I am unable to perceive from what source we are to obtain the men necessary not only to repel raids, but to relieve the large number of able-bodied soldiers now detailed from the Army for local service in the States.
I trust that my conviction of the pressing necessity for this legislation in aid of the public defense will be received by Congress as a sufficient justification for this renewal of the recommendation contained in the message addressed to you at the commencement of the present session.
JEFFERSON DAVIS.
Richmond, Va., February 13, 1864.
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The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
A message from the House of Representative, by Mr. Dalton:
Mr. President: The House of Representatives disagree to the amendments of the Senate to the bill (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 107) to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities.
On motion by Mr. Mitchel, to amend the bill by inserting after "War," section 1, line 12, "or the commanding general of the Trans-Mississippi Department,"
It was determined in the affirmative.
On motion by Mr. Mitchel, to amend the bill by inserting after "War," section 1, line 18, "or the commanding general of the Trans-Mississippi Department,"
It was determined in the affirmative.
On motion by Mr. Jemison, to amend the bill by striking out the words "such wages as may be agreed upon with said owners for their use and service," section 2, lines 8, 9, and 10, and inserting "eleven dollars per month each,"
It was determined in the negative.
On motion by Mr. Hunter, to amend the bill by striking out the third section thereof,
It was determined in the negative.
On motion by Mr. Mitchel, to amend the bill by inserting at the end of the third section the words
Care being taken to allow in each case a credit for all slaves who have been already impressed and who are stilt in service, or have died or been lost while in service,
Mr. Maxwell demanded the question; which was seconded, and
The question being then put on agreeing to the amendment proposed by Mr. Mitchel,
It was determined in the affirmative.
On motion by Mr. Hill, to reconsider the vote on agreeing to the amendment proposed by Mr. Mitchel,
Mr. Maxwell demanded the question; which was seconded, and
The question being then put on agreeing to the motion to reconsider,
It was determined in the affirmative.
The amendment proposed by Mr. Mitchel being again under consideration,
On motion by Mr. Phelan, to amend the same by inserting after "slaves who" the word "may," and by inserting after "impressed" the words "under this act,"
Mr. Maxwell demanded the question; which was seconded, and
The question being then put on agreeing to the amendment proposed by Mr. Phelan to the amendment proposed by Mr. Mitchel,
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Mitchel, as amended,
It was determined in the affirmative.
On motion by Mr. Jemison, to amend the bill by inserting at the end of the third section:
And all impressments under this act shall be taken in equal ratio from all owners in the same locality, city, county, or district,
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It was determined in the affirmative.
No further amendment being proposed, 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.
The Senate proceeded to consider their amendments, disagreed to by the House of Representatives, to the bill (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States; and
On motion by Mr. Sparrow,
Resolved, That the Senate insist on their amendments, disagreed to by the House of Representatives, to the 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. Henry,
The Senate resolved into executive session.
The Senate having been again resolved into secret legislative session,
On motion by Mr. Johnson of Arkansas, that the bill (S. 195) creating the office of ensign in the Army of the Confederate States be transferred to the Secret Legislative Calendar,
It was determined in the negative.
On motion by Mr. Phelan,
The Senate resolved into open legislative session.
The Senate having been again resolved into secret legislative session,
A message from the House of Representatives, by Mr. Lamar, their Clerk:
Mr. President: The House of Representatives disagree to the amendments of the Senate to the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government.
The Senate proceeded to consider their amendments, disagreed to by the House of Representatives, to the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government; and
On motion by Mr. Semmes,
Resolved, That the Senate insist on their amendments, disagreed to by the House of Representatives, to the said bill, and ask a conference on the disagreeing votes of the Houses thereon.
On motion by Mr. Semmes,
Ordered, That Mr. Hunter be chairman of the committee of conference on the part of the Senate, and that the other members be appointed by the President pro tempore; and
Mr. Semmes and Mr. Orr were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
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A message from the House of Representatives, by Mr. Lamar, their Clerk:
Mr. President: The House of Representatives insist on their disagreement to the amendments of the Senate to the bill (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States, insisted on by the Senate, agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and have appointed Mr. Chilton, Mr. Holcombe, and Mr. Swan managers at said conference on their part.
The House of Representatives insist on their disagreement to the amendments of the Senate to the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government, insisted on by the Senate, agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and have appointed Mr. Baldwin, Mr. Lyon, Mr. Conrad, Mr. Boyce, and Mr. Lewis managers at said conference on their part.
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The following messages were received from the President of the Confederate States, by Mr. Harrison, his Secretary:
Executive Department, Richmond, February --, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate E. R. Smith, of Kentucky, to be assistant adjutant-general, with the rank of captain, in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, February 12, 1864.
Sir: I have the honor to recommend the nomination of E. R. Smith, of Kentucky, to be assistant adjutant-general, with the rank of captain, in the Provisional Army of the Confederate States of America, to date from October 31, 1862.
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, Va., February 12, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Postmaster-General, I hereby nominate the persons named upon the annexed list to the offices designated.
JEFFERSON DAVIS.
Confederate States of America, Post-Office Department,
Richmond, February 12, 1864.
Sir: I have the honor to recommend the following persons for appointment as postmasters, by and with the advice and consent of the Senate:
Very respectfully, your obedient servant,JOHN H. REAGAN,
Postmaster-General.
The President.
The message was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
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Executive Department, Richmond, February 11, 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. 43.]War Department, Richmond, February 11, 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, respectively, 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 12, 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. 45.]War Department, Richmond, February 12, 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, respectively, 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 11, 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. 44.]War Department, Richmond, February 11, 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.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the nomination of William D. Harrison, to be surgeon in the Navy, 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.
On motion by Mr. Clark,
The Senate resolved into open legislative session.
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