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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 --MONDAY, February 15, 1864.
OPEN SESSION.
Mr. Johnson of Arkansas (by leave) introduced
A joint resolution (S. 33) of thanks to Lieut. Gen. E. Kirby Smith, for the battle of Richmond, Ky., and to his lieutenants so specially commended by him, and to all the officers and soldiers of his command in that battle;
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.
On motion by Mr. Baker,
Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Alexander M. Moffett, praying the passage of an act, refunding certain moneys expended by him on behalf of the Government.
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
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known as the Department of Justice," all of which acts were approved February 21, 1861; and
On motion by Mr. Clay,
Ordered, That the further consideration thereof be postponed until to-morrow.
Mr. Henry (by leave) introduced
A bill (S. 230) to amend an act to establish the flag of the Confederate States;
which was read the first and second times and ordered to be placed upon the Calendar.
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 11th instant he approved and signed an act (H. R. 96) to authorize the issue of certificates for interest on the fifteen million loan.
The House of Representatives have agreed to the amendments of the Senate to the bill (H. R. 114) to provide for increasing the price of the rations for sick and wounded soldiers in hospitals.
And they have passed a bill (H. R. 126) to facilitate the settlement of the claims of deceased officers and soldiers; in which they request the concurrence of the Senate.
The House of Representatives insist on their disagreement to the amendment of the Senate to the bill (H. R. 109) to increase the compensation of certain officers of the Treasury, insisted on by the Senate, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Miles, Mr. Barksdale, and Mr. Hilton managers at the said conference on their part.
The bill (H. R. 126) to facilitate the settlement of the claims of deceased officers and soldiers was read the first and second times and referred to the Committee on the Judiciary.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 109) to increase the compensation of certain officers of the Treasury; and
On motion by Mr. Hill,
Resolved, That the Senate recede from their amendment to the said bill.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: 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, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 20) for the relief of Maj. W. F. Haines; 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. 229) to amend an act entitled "An act to establish the judicial courts of the Confederate States of America," approved March 16, 1861; and
On motion by Mr. Hill,
Ordered, That it be referred to the Committee on the Judiciary.
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Mr. Dortch, from the committee, reported that they had examined and found truly enrolled bills and joint resolutions of the following titles:
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.
Mr. Hill, from the committee of conference on the disagreeing votes of the two Houses on 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, reported:
That having met, and fully and freely conferred in relation to the said disagreeing votes, they have agreed to recommend, and do hereby recommend, to their respective Houses as follows, to wit:
That the House of Representatives do concur in the amendment of the Senate in the following words, to wit: "Strike out the first section of the bill."
That the House of Representatives do concur in the amendment of the Senate in the following words, to wit: "In line 4, section 4, strike out all after the word 'impressment,' down to and including the word 'away,' in line 6."
That the Senate recede from their amendment in the following words, to wit: "Strike out section eight."
The Senate proceeded to consider the report; and
On motion by Mr. Hill,
Resolved, That the Senate concur therein.
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. 212) to amend the acts of April 1, 1862, and September 23, 1862.
On motion by Mr. Wigfall, front the Committee on Military Affairs, to amend the bill by inserting at the end of the second section the following proviso:
Provided, That the said storekeepers shall be appointed from persons who are disqualified for active service by reason of wounds received in the military service, or disease contracted whilst in the Army, or from persons over forty-five years of age,
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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 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; 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.
The Senate resumed, as in Committee of the Whole, the consideration 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 the reported amendment having been agreed to, 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 bill (S. 198) to provide for the organization of a bureau of polytechnics for the examination, experiment, and application of warlike inventions, and having been amended on the motion of Mr. Wigfall, it 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.
Mr. Dortch, from the committee, reported that they had 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.
On motion by Mr. Dortch,
The Senate resolved into secret legislative session.
The doors having been opened,
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 105) to provide an invalid corps; 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 following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 15, 1864.
To the Senate and House of Representatives:
I herewith submit for your consideration a communication from the Secretary of War, covering an estimate for an additional appropriation required by the War Department.
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 15, 1864.
To the Senate and House of Representatives:
I herewith transmit for your information communications from the Secretary of War, covering copies of several additional reports of military operations.
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 bill (S. 217) to amend the several acts in regard to military courts, and to create courts for divisions of cavalry; 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.
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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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 222) relating to the appointment of a general and lieutenant-generals; and the bill having been amended on the motion of Mr. Johnson of Arkansas, by striking out the fourth section, it was reported to the Senate and the amendment was concurred in.
On the question,
Shall the bill be engrossed and read a third time?
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,
Messrs. Burnett, Clark, Hill, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, and Oldham.
Those who voted in the negative are,
Messrs. Caperton, Clay, Dortch, Haynes, Henry, Jemison, Phelan, and Reade.
On motion by Mr. Mitchel, the last-mentioned vote was reconsidered.
The Senate resumed the consideration of the said bill; and
On the question,
Shall the bill be engrossed and read a third time?
On motion by Mr. Mitchel,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs, Burnett, Caperton, Clark, Haynes, Henry, Hill, Jemison, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, and Oldham.
Those who voted in the negative are,
Messrs. Clay, Dortch, Phelan, and Reade.
So it was
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.
Mr. Phelan, from the Committee on Printing, to whom was referred the bill (H. R. 122) to fix the compensation for the publication in the public gazettes of the acts of Congress, 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. Phelan (by leave) introduced
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A bill (S. 231) to attach the county of Noxubee, in the State of Mississippi, to the southern judicial division of said State;
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 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 bill (S. 205) to amend an act entitled "An act to punish drunkenness in the Army," approved April 21, 1862; 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.
A message from the House of Representatives, by Mr. Lamar, their Clerk:
Mr. President: The House of Representatives have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 148) relating to exchanged or paroled Confederate prisoners, who may have been, or may hereafter, be captured by the enemy west of the Mississippi River; and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the bill be engrossed and read a third time?
On motion by Mr. Mitchel,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clark, Johnson of Arkansas, Johnson of Missouri, and Mitchel.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Clay, Haynes, Henry, Hill, Jemison, Maxwell, Oldham, Phelan, and Reade.
So the bill was rejected.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 15, 1864.
To the Senate of the Confederate States:
In response to your resolution of December 24, 1863, I herewith transmit for your information a communication from the Secretary of War, submitting copies of the charges and specifications, and of the accompanying papers, in the case of Maj. H. C. Guerin, commissary of subsistence.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Clay,
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Ordered, That it be transferred to the Secret Legislative Calendar.
On motion by Mr. Clark,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Burnett,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of a resolution inquiring into the expediency of reporting a bill to reform the system of enrollments, etc.
Mr. Phelan, from the Committee on Printing, to whom was referred the joint resolution (H. R. 43) to print and distribute to the Army copies of the President's address to the soldiers of the Confederate States, reported it with the recommendation that it ought not to pass.
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.
On motion by Mr. Maxwell,
The Senate adjourned.
SECRET SESSION.
On motion by Mr. Clay,
Ordered, That the committee of conference on the part of the Senate on the disagreeing votes of the two Houses on the bill (H. R. 92) to tax, fund, and limit the currency have leave to sit during the sessions of the Senate.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate on the disagreeing votes of the two Houses on the bill (S. 158) to organize forces to serve during the war have leave to sit during the sessions of the Senate.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
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.
On motion by Mr. Dortch,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
The following messages were received from the President of the Confederate States, by Mr. Harrison, his Secretary:
Executive Department, Richmond, February 15, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Stanhope Posey, of Mississippi, to be assistant adjutant-general, with rank of captain, in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
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War Department, Richmond, February 13, 1864.
Sir: I have the honor to recommend the nomination of Stanhope Posey, of Mississippi, to be assistant adjutant-general, with rank of captain, in the Provisional Army of the Confederate States of America, to date from January 23, 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 15, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate S. S. Harris, of Alabama, to be assistant adjutant-general, with the rank of captain, in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
War Department, Richmond, February 13, 1864.
Sir: I have the honor to recommend the nomination of S. S. Harris, of Alabama, to be assistant adjutant-general, with rank of captain, in the Provisional Army of the Confederate States of America, to date from February 6, 1864.
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 15, 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 13, 1864.
No. 48.]War Department, Richmond, February 13, 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 15, 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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No. 47.]War Department, Richmond, February 13, 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 13, 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. 31.]War Department, Richmond, January 26, 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.
The Senate proceeded to consider the nominations of James R. Shaler and Arthur McGinnis, to be assistant adjutants-general, with the rank of major; Henry Waldrop, John J. Horner, and W. S. Oldham, jr., to be assistant adjutants-general, with the rank of captain; and
Resolved, That the Senate advise and consent to their appointment, agreeably to the nomination of the President.
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Ordered, That the residue of the nominations be referred to the Committee on Military Affairs.
On motion by Mr. Clay,
The Senate resolved into open session.
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