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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 16, 1864.
OPEN SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed bills and a joint resolution of the Senate of the following titles:
They have passed the bill of the Senate (S. 164) to repeal an act regulating the granting of furloughs and discharges in hospitals, approved May 1, 1863, with amendments; in which they request the concurrence of the Senate.
And they have passed hills and joint resolutions of the following titles; in which they request the concurrence of the Senate:
Mr. Maxwell presented the credentials of the Hon. James M. Baker, elected a Senator by the general assembly of the State of Florida for the term of six years from the 18th day of February, 1864; which were read.
Mr. Clark submitted the following motion for consideration:
Ordered, That the vote by which the Senate rejected 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, be reconsidered.
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On motion by Mr. Dortch,
Ordered, That the privilege of the floor of the Senate be extended to Gen. Braxton Bragg.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 123) to authorize the payment of mileage and salary to members-elect of the Second Congress of the Confederate States, 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 bill (S. 228) in relation to trading with the enemy.
Mr. Hill, from the Committee on the Judiciary, to whom were referred the following bills:
Mr. Phelan, from the Committee on the Judiciary, to whom was referred the bill (H. R. 120) to authorize the impressment of meat for the use of the Army under certain circumstances, 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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: I am directed by the House of Representatives to request that the Senate will return to the House the bill (H. R. 132) to authorize the increase of compensation to route and special agents of the Post-Office Department.
The Senate proceeded to consider the said message; and
On motion by Mr. Hill,
Ordered, That the bill (H. R. 132) last mentioned be returned to the House of Representatives, agreeably to their request.
The bill (H. R. 127) to authorize the Postmaster-General to settle the accounts of mail contractors in cases where they have been prevented from executing their contracts by incursions of the public enemy was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
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The following bills were severally read the first and second times and referred to the Committee on Military Affairs:
The bill (H. R. 131) to authorize the appointment of two additional clerks for the Navy Department was read the first and second times and referred to the Committee on Naval Affairs.
The following joint resolutions were severally read the first and second times and considered as in Committee of the Whole:
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.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 164) to repeal an act regulating the granting of furloughs and discharges in hospitals, approved May 1, 1863; and
Resolved, That they concur therein.
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. 146) to authorize the creditors of the Government to receive their dues in eight per cent Confederate bonds, and for other purposes; and
On motion by Mr. Orr,
Ordered, That the further consideration thereof be postponed indefinitely.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 185) for the relict of Capt. William W. Paine, assistant quartermaster of the First Georgia Regulars; and
On motion by Mr. Haynes,
Ordered, That the further consideration thereof be postponed indefinitely.
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Mr. Semmes, from the Committee on Finance, reported
A bill (S. 232) in relation to the qualification of State collectors;
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 a 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. 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 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.
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 15th instant, approved and signed the following act and 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 have agreed to the amendments of the Senate to 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, with an amendment; in which they request the concurrence of the Senate.
Mr. Caperton, 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.
The Senate proceeded to consider the amendments of the House of Representatives to the amendments of the Senate to 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; and
Resolved, That they concur therein.
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 of the Confederate States:
In response to your resolution of the 12th instant, I herewith transmit a communication from the Secretary of War, conveying the information asked for relative to Gen A. R. Lawton and Gen. J. B. Gordon.
The terms of the inquiry to which this reply is made suggest the propriety of informing the Senate that other general officers, who have been wounded in battle and separated from their commands, have been regarded as having a continuing right to receive the prescribed pay and allowances of their grade, notwithstanding the appointment of others to supply the want created by their indefinite absence. For example, the recent nominations of brigadier-generals who had been selected to command the brigades of Gen. W. H. F. Lee, of Virginia, and of Gen. D. W. Adams, of Louisiana, were not intended to vacate the commissions or to suspend the pay of those gallant officers, but to use the authority to appoint supernumerary generals for one of the purposes for which it was understood to have been given.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
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. Sparrow,
The Senate resolved into executive 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 bills and joint resolutions of the following titles; in which they request the concurrence of the Senate:
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Mr. Caperton (by leave) introduced
A bill (S. 236) to amend an act entitled "An act to amend an act entitled 'An act to establish a volunteer navy,' approved eleventh February, eighteen hundred and sixty-four;"
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 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; and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the resolution be read a third time?
It was determined in the negative.
So the resolution was rejected.
Ordered, That the Secretary inform the House of Representatives thereof.
The bill (H. R. 134) to repeal certain portions of the act of May 21, 1861, relative to prisoners of war, 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 bill (H. R. 135) supplemental to the several acts in relation to public printing was read the first and second times and referred to the Committee on Printing.
The joint resolution (H. R. 56) of thanks to the officers and men of the Thirty-seventh Regiment of North Carolina troops was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Semmes, to amend the bill by striking out of the enacting clause the words "do resolve" and inserting before "The Congress" the words "Resolved by,"
It was determined in the affirmative.
No further amendment being proposed, the resolution was reported to the Senate and the amendment was concurred in.
Ordered, That the resolution pass to a third reading.
The said resolution was read the third time as amended.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
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The joint resolution (H. R. 57) explanatory of the act entitled "An act to lay taxes for the common defense and carry on the Government," approved the 24th day of April, 1863, was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Semmes,
The Senate resolved into secret legislative session.
The doors having been opened,
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 133) to organize a corps of scouts and signal guards to facilitate communication with the Trans-Mississippi Department, reported it with the recommendation that it ought not to pass.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and
On motion by Mr. Mitchel,
Ordered, That the further consideration thereof be postponed indefinitely.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 222) relating to the appointment of a general and lieutenant-generals.
The Speaker of the House of Representatives having signed sundry enrolled bills and enrolled joint resolutions, I am directed to bring them to the Senate for the signature of their President.
On motion by Mr. Hunter,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Mitchel,
The Senate adjourned.
SECRET SESSION.
Mr. Semmes, from 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, reported:
That they have had the same under consideration, and have agreed to recommend as follows:
That the Senate recede from its amendments, and that the House bill be amended by striking out all after the enacting clause and inserting as follows:
"That the holders of all Treasury notes above the denomination of five dollars not bearing interest, shall be allowed until the first day of April, eighteen hundred and sixty-four, east of the Mississippi River, and until the first day of July, eighteen hundred and sixty-four, west of the Mississippi River, to fund the same; and, until the periods, and at the places stated, the holders of all such Treasury notes shall be allowed to fund the same in registered bonds, payable twenty years after their date, bearing interest at the rate of four per cent per annum payable on the first day of January and July of each year.
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notes whenever presented for payment or for funding, and said notes shall not be exchangeable for the new issue of Treasury notes provided for in this act.
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And that the title of the bill be amended so as to read as follows: "An act to reduce the currency, and to authorize a new issue of notes and bonds."
The Senate proceeded to consider the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 92) to tax, fund, and limit the currency; and
On the question to concur therein,
On motion by Mr. Jemison,
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The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Burnett, Caperton, Dortch, Haynes, Henry, Hill, Hunter, Maxwell, Oldham, Orr, Phelan, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Clark, Clay, Jemison. Johnson of Georgia, Johnson of Missouri, Mitchel, and Reade.
So it was
Resolved, That the Senate concur in said report and that the bill be amended accordingly.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Semmes, from the committee of conference on the part of the Senate on the disagreeing votes of the two Houses on the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government, reported:
That they have had the same under consideration, and have agreed to recommend as follows:
That the Senate recede from its first amendment.
That the Senate recede from its second amendment, and that in section 1, paragraph I, of the House bill be stricken out, after the word "cent," in the eleventh line, to the word "Provided," in the fifteenth line.
That the Senate recede from its third amendment, and that the House bill be amended by striking out all after the word "Government," in the nineteenth line of paragraph I, section 1, to the end of the paragraph, and inserting: "Provided, That no credit shall be allowed beyond five per cent."
That the Senate's fourth amendment be amended by striking out the word "sold" and inserting in lieu thereof "purchased," and by inserting before the word "paid" the word "actually," and that thus amended the said amendment be agreed to.
That the Senate's fifth amendment be agreed to.
That the Senate recede from its sixth amendment, and that paragraphs III and IV of the second section be entitled "section 2."
That the Senate recede from its seventh amendment.
That the Senate recede from its eighth amendment.
That the Senate's ninth amendment be agreed to.
That the Senate recede from its tenth amendment.
That the Senate recede from its eleventh amendment, and that the House bill be amended by striking out all of paragraph II, section 3, after the word "exclusive," in the twelfth line, and inserting: "of noninterest-bearing Confederate Treasury notes, and not employed in a registered business, the income derived from which is taxed five per cent."
That the Senate recede from its twelfth amendment, and that section 4 of the House bill be amended as follows, to wit:
That the Senate recede from its thirteenth amendment, and that the House bill be amended by striking out section 5.
That the Senate recede from its fourteenth amendment.
That the Senate recede from its fifteenth amendment.
That the Senate recede from its sixteenth amendment.
That the Senate's seventeenth amendment be agreed to.
That the Senate's eighteenth amendment be agreed to, and that the House bill be amended by adding at the end of paragraph III, section 6: "Provided, That the above exemptions shall not apply to any person whose property, exclusive of household furniture, shall be assessed at a value exceeding one thousand dollars."
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That the Senate recede from its nineteenth amendment, and that the House bill be amended by striking out the fourth paragraph of section 6 and inserting in lieu thereof:
That the Senate recede from the twentieth, twenty-first, twenty-second, twenty-third, and twenty-fourth amendments, and that the House bill be amended by striking out the seventh section and inserting in lieu thereof as follows, to wit:
That the Senate recede from its twenty-fifth amendment, and that the House bill be amended by adding at the end of the eighth section as follows: "And no estimated rent, hire, or interest on property or credits herein taxed ad valorem shall be assessed or taxed as income under the tax act of eighteen hundred and sixty-three."
That the Senate recede from its twenty-sixth amendment.
That the following be added as an independent section, to wit:
The Senate proceeded to consider the said report; and
On the question to concur therein,
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. Baker, Burnett, Caperton, Clay, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Maxwell, Orr, Phelan, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Jemison, Johnson of Missouri, Oldham, and Reade.
So it was
Resolved, That the Senate concur in said report and that the bill be amended accordingly.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Phelan (by leave) introduced
A bill (S. 233) to exempt from taxation all money or other funds held by the association for the relief of maimed soldiers; 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.
Mr. Orr (by leave) introduced
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A bill (S. 234) to make coupons of certain six per cent bonds a legal tender in payment of all debts;
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.
On the question,
Shall the bill be engrossed and read a third time?
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. Brown, Burnett, Clark, Henry, Johnson of Arkansas, Orr, Phelan, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Baker, Caperton, Clay, Dortch, Haynes, Hill, Hunter, Jemison, Maxwell, Mitchel, Oldham, Reade, and Wigfall.
So the bill was rejected.
A message from the House of Representatives, by Mr. Dalton:
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. 92) to tax, fund, and limit the currency.
Mr. Sparrow, from 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, reported:
That they have met the managers on the part of the House, and after full and free conference, have agreed to recommend and do recommend to their respective Houses the following, to wit:
That the House recede from its amendment, by way of substitute to the Senate bill, and that the following amendment be adopted by the two Houses, to wit: Strike out all after the enacting clause and insert as follows:
"That from and after the passage of this act all white men, residents of the Confederate States, between the ages of seventeen and fifty, shall be in the military service of the Confederate States for the war.
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church, and who, at the passage of this act, shall be regularly employed in the discharge of his ministerial duties; superintendents and physicians of asylums of the deaf, dumb, and blind, and of the insane; one editor for each newspaper being published at the time of the passage of this act, and such employees as said editor may certify on oath to be indispensable to the publication of such newspaper; the public printer of the Confederate and State governments, and such journeymen printers as the said public printer shall certify on oath to be indispensable to perform the public printing; one skilled apothecary in each apothecary store who was doing business as such apothecary on the tenth day of October, eighteen hundred and sixty-two, and has continued said business without intermission since that period; all physicians over the age of thirty years who now are, and for the last seven years have been, in the actual and regular practice of their profession, but the term physician shall not include dentists; all presidents and teachers of colleges, theological seminaries, academies, and schools, who have been regularly engaged as such for two years next before the passage of this act: Provided, That the benefit of this exemption shall extend to those teachers only whose schools are composed of twenty students or more; all superintendents of public hospitals established by law before the passage of this act, and such physicians and nurses therein as such superintendent shall certify on oath to be indispensable to the proper and efficient management thereof.
"In addition to the foregoing exemptions, the Secretary of War, under the direction of the President, may exempt or detail such other person as he may be satisfied ought to be exempted on account of public necessity and to insure the production of grain and provisions for the Army and the families of soldiers. He may also grain exemptions or details, on such terms as he may prescribe, to such overseers, farmers, or planters as he may be satisfied will be more useful to the country in the pursuits of agriculture than in the military service: Provided, That such exemptions shall cease whenever the farmer, planter, or overseer shall fail diligently to employ, in good faith, his own skill, capital, and labor, exclusively in the production of grant and provisions, to be sold to the Government and the families of soldiers, at prices not exceeding those fixed at the time for like articles by the commissioners of the State, under the impressment act.
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exempted by this act on any railroad shall not exceed one for each mile of such road in actual use for military transportation, and said exempts shall be reported by name and description, with the names of any who may have left the employment of said company, or who may cease to be indispensable to the efficient operation of its road, at least once a month, to the Secretary of War, or such officer as he may designate for that purpose: And provided further, That such president or superintendent shall, in each such monthly report, certify on oath that no person liable to military service has been employed by his company since the passage of this act, in any position in which it was practicable to employ one not liable to military service, and capable of performing efficiently the duties of such position. And in cases where railroads have fallen into the hands of the enemy, and a portion of the rolling stock of such roads is being used on other roads not in the enemy's hands, the president and superintendent of said first-named roads shall be exempt.
The Senate proceeded to consider the report; and
On the question to concur therein,
On motion by Mr. Oldham,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Caperton, Clay, Haynes, Henry, Hill, Hunter, Jemison, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clark, Dortch, Johnson of Georgia, Johnson of Arkansas, Oldham, Orr, and Reade.
On motion by Mr. Johnson of Arkansas, that the last-mentioned vote be reconsidered,
On motion by Mr. Semmes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Burnett, Clark, Dortch, Haynes, Hill, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, Oldham, Orr, Phelan, Reade, and Semmes.
The report being again under consideration,
On the question to concur therein,
It was determined in the affirmative.
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So it was
Resolved, That the Senate concur in said report and that the bill be amended accordingly.
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 have agreed to the amendments of the Senate to the bill (H. R. 107) to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities.
And they have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government.
The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.
Mr. Caperton, from the committee, reported that they had examined and found truly enrolled
A bill (H. R. 107) to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities.
The President pro tempore having signed the enrolled bill 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.
Mr. Phelan (by leave) introduced
A bill (S. 235) supplemental to an act entitled "An act to organize forces to serve during 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 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. Dalton:
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 (S. 158) to organize forces to serve during the war.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The Senate having been again resolved into secret legislative session,
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. 209) to establish a bureau of foreign supplies, with amendments; in which they request the concurrence of the Senate.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 117) to amend the act for the assessment and collection of taxes, approved May 1, 1863, 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.
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Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 209) to establish a bureau of foreign supplies; and
On motion of Mr. Clay,
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 of Mr. Clay,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Orr, Mr. Maxwell, and Mr. Caperton were appointed.
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. 227) to authorize the transfer of a certain appropriation; 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 (H. R. 110) to authorize the shipment of cotton and tobacco by the Treasury Department; and
On motion by Mr. Clay,
Ordered, That the further consideration thereof be postponed indefinitely.
On motion by Mr. Haynes,
Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the following bills:
On motion by Mr. Semmes, and by unanimous consent,
Ordered, That 500 copies of the bill (H. R. 92) to tax, fund, and limit the currency, of the bill (H. R. 98) to levy additional taxes for the common defense and support of the Government, and of the bill (S. 158) to organize forces to serve during the war, be printed for the use of the Senate.
On motion by Mr. Mitchel,
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 16, 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. 2.]War Department, Richmond, December 8, 1863.
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.
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The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Executive Department, Richmond, February 16, 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. 49.]War Department, Richmond, February 15, 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 16, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Joseph H. Stewart, of Maryland, to be second lieutenant of infantry in the Army of the Confederate States of America.
JEFFERSON DAVIS.
War Department, Richmond, February 12, 1864.
Sir: I have the honor to recommend the nomination of Joseph H. Stewart, of Maryland, to be second lieutenant of infantry in the 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 16, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate A. W. King, of Georgia, to be master armorer in the Army of the Confederate States of America.
JEFFERSON DAVIS.
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War Department, Richmond, February 16, 1864.
Sir: I have the honor to recommend the nomination of A. W. King, of Georgia, to be master armorer in the Army of the Confederate States of America, to rank from May 3, 1863, under section 3, act approved August 21, 1861.
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency the President.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Richmond, Va., February 16, 1864.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of the Treasury, I hereby nominate Sanders G. Jamison, to be chief of the Treasury Note Bureau.
JEFFERSON DAVIS.
Treasury Department, Richmond, February 10, 1864.
His Excellency the President.
Sir: I have the honor to recommend the appointment of Sanders G. Jamison, esq., of South Carolina, as chief of the Treasury Note Bureau, organized under act of Congress approved February 3, 1864.
Very respectfully, your obedient servant,
C. G. MEMMINGER,
Secretary of Treasury.
The message was read.
Ordered, That it be referred to the Committee on Finance.
Mr. Sparrow, from the committee to whom were referred the nominations of J. B. Weems, William Butler, J. N. Lightfoot, John A. Fite, J. W. Caldwell, John D. Barry, D. M. Donnell, E. Goodwin, Y. M. Moody, J. A. Wilson, F. E. Harrison, James Giles, J. C. Higginbotham, C. P. Daniel, William S. Christian, E. Ball, S. B. Pickens, Jos. H. Hyman, Washington M. Hardy, H. Hawkins, R. H. Keeble, J. F. Pressley, J. H. King, G. T. Maxwell, S. T. Player, R. W. Carter, B. T. Brockman, F. G. Skinner, William White, J. J. Phillips, Norvell Cobb, S. Z. Ruff, O. S. Holland, Y. L. Royston, J. A. Gilmer, C. R. Earp, R. G. Earle, W. B. Creasman, F. H. Board, W. G. Robinson, George A. Smith, W. N. Brown, J. I. Scales, A. J. Kellar, A. H. Helvenston, S. H. Boyd, P. McGlashan, O. R. Funsten, C. Forsyth, L. G. Pyles, J. A. Campbell, R. H. Dungan, J. H. Neal, J. H. Higley, Jos. N. Brown, A. Forsberg, P. P. Slaughter, S. D. Russell, P. C. Flournoy, J. R. White, K. McElroy, James H. Skinner, T. J. Lipscomb, James B. Terrill, William Watts, J. C. Gibson, George D. Johnston, James Barr, V. H. Taliaferro, J. A. Williamson, W. H. Peebles, J. L. Miller, I. N. Hulme, G. J. Wright, W. L. Duckworth, J. E. Murray, N. Berkeley, John C. Marrast, I. N. Hedgpeth, J. M. Dedman, D. H. Reynolds, R. A. Owens, H. D. Lampley, W. H. H. Tison, J. M. Hughs, R. C. Wood, N. N. Davis, W. F. Young, to be colonels; W. B. Lowry, T. B. Massie, S. S. Ives, George T. Gordon, J. C. Wickliffe, E. Hufstedler, S. G. Shepard, S. E. Shannon, G. McD. Miller, J. J. Jolly, John F. Iverson, G. W. Hooper, Evan Rice, J. W. McGill, O. P. Anthony, R. F. Crittenden, R. P. Lester, H. A. Rogers, W. L. Mitchell, James M. Ray, W. G. Rice, W. L. Saunders, H. Ready, J. T. Porcher, W. T. Stockton, G. C. Smith, John A. Jacoway, W. A. Morgan, Isaac F. Hunt, Z. L. Watters, Isaac Hardeman, W. W. Rich, William H. Willis, T. M. Baker, T. J. Hardin, William P. Moseley, Thomas R. Buckner, F. H. Langley, H. A. Herbert, John P.
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West, George F. Whitfield, Samuel J. Winn, D. N. Moody, R. D. Lilley, John G. Kasey, James M. Williams, Benjamin Morris, G, F. Baucum, Luke W. Finlay, J. H. McGaughy, W. A. Rorer, John R. Winston, W. O. Fleming, O. H. Cooke, M. D. Ball, R. M. Sands, Ro. A. Caskie, D. H. Lee Martz, John T. Jones, F. A. Reynolds, J. D. Weeden, Oscar White, Charles L. Haynes, Ed. Croft, J. B. McRae, John P. Wolfe, John T. Kennedy, T. O. Stone, David Pierson, H. L. Andrews, D. G. Cowand, J. S. K. McCutchen, W. W. Sillers, Thomas M. Carter, James W. Moss, William L. Wingfield, J. D. H. Ross, Gus. A. Goodman, Charles B. Christian, J. P. Bane, Jos. R. Cabell, A. G. O'Brien, T. D. Claiborne, James T. Smith, James W. Beck, L. McCollum, B. S. King, P. V. Green, Charles Guillet, Ed. Berkeley, Charles S. Peyton, W. E. Green, B. R. Hart, J. K. McDowell, Stephen Cooper, M. T. Porter, W. C. Clifton, J. M. Johnson, L. M. Ramsaur, J. D. Wilson, E. H. Bacon, P. F. Hunley, R. H. Abercrombie, S. Jones, Benjamin F. Sawyer, T. W. Flynt, J. B. Cording, John B. Herring, James Nelligan, to be lieutenant-colonels; W. S. Basinger, Ro. O. Reynolds, J. W. Carter, W. H. Williamson, C. W. Heiskell, J. A. Stewart, R. H. Whiteley, A. A. Hill, A. E. Ashford, John L. Knott, L. L. Noles, W. C. Fielding, A. McLemore, C. H. Clarke, D. H. Ansley, C. N. Lawson, H. M. Dunwody, Thomas J. Wooten, I. F. Culver, S. H. McCarver, J. H. Dunklin, J. J. Pierce, E. B. Withers, W. Lee Russell, D. B. Miller, Thomas E. Screven, A. Harman, J. G. Lowe, John P. Fitzgerald, J. M. White, A. Proskaner, J. W. Clark, Jas. C. Davis, J. S. Jones, J. L. White, T. W. Thompson, Edwin A. Nash, J. T. Carson, H. Hendrick, R. De Treville, A. D. Kelly, J. P. Emrich, G. W. Taylor, D. W. Anderson, G. F. Norton, W. G. Pegram, John N. Carpenter, John Sims, J. C. Gordon, F. S. Bass, F. H. Wood, T. McG. Smith, James D. Truss, F. A. Ashford, P. Sheffield, W. H. Chatfield, H. Hampton, B. Desha, A. Watkins, E. T. Stackhouse, John H. Pate, R. H. Powell, I. G. Coffman, Thomas A. Street, R. G. Wright, P. F. Frazer, J. W. Draughon, H. H. Harper, D. P. Graham, J. S. Richards, E. S. Gulley, Henry G. Lewis, C. R. Irving, W. F. Carter, S. Palmer, W. S. Haven, Philip Lee, H. Bradford, W. L. Goldsmith, M. G. Bass, M. P. Spessard, T. H. Watkins, B. L. Dyer, C. T. Crittenden, B. S. Proffitt, C. M. Winkler, P. H. Fitzhugh, W. B. Clement, G. L. Donald, Jas. P. Eagle, J. J. Gooding, Ivey F. Lewis, J. C. Holmes, John C. Key, Benjamin Holmes, J. R. Hubbard, J. D. Howard, E. F. Bookter, E. A. Howell, W. N. Berkeley, B. Taylor, T. Smith, H. T. Toulmin, R. J. Williams, J. Duncan, R. N. Hull, J. H. Sikes, M. R. Hall, D. H. Smith, W. T. Holland, G. S. Laswell, S. C. Cooper, William Lester, F. L. Twitty, R. Randolph, R. W. Phipps, W. F. Slaton, J. A. Lash, S. Ruffin, W. J. Hearin, G. C. Freeman, E. H. McDonald, W. Marks, William Straton, G. M. Ferneyhough, L. J. Bossieux, C. H. Ford, R. C. Smith, C. W. Mabry, C. E. Cormier, W. P Cooper, to be majors; F. D. Blake, H. R. Lesesne, A. S. Gaillard, H. D. Twyman, to be captains; W. H. Johnson, E. S. Fickling, Iredell Jones, J. D. Anthony, J. R. Du Bose, W. A. Williams, T. P. B. Ryan, R. Bruce, O. La Borde, J. S. Heyward, H. A. Crane, 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
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Resolved, That the Senate advise and consent to their appointment, agreeably to the nomination of the President.
Mr. Clay, from the Committee on Military Affairs, to whom was referred the nomination of F. M. Green, to be colonel, reported the same.
The Senate proceeded to consider said nomination; and
After debate,
On motion by Mr. Semmes,
Resolved, That the nomination of F. M. Green, to be colonel of the Eleventh Mississippi Regiment, be rejected for the reason that in the opinion of the Senate W. B. Lowry is the senior and ranking officer.
Mr. Clay, from the Committee on Military Affairs, to whom was referred the nomination of W. B. Lowry, to be lieutenant-colonel, reported the same.
The Senate proceeded to consider said nomination; and
Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.
On motion by Mr. Phelan,
That the Senate resume the consideration of the resolution submitted by him on the 27th January relative to the report of the Committee on Military Affairs respecting certain nominations sent to the Senate by the President on the 8th January, 1864,
Mr. Maxwell demanded the question; which was seconded, and
The question being put,
Will the Senate resume the consideration of said resolution?
It was determined in the negative.
The Senate resumed the consideration of the nomination of R. H. Chilton, to be brigadier-general; and
After debate,
Mr. Sparrow demanded the question; which was seconded, and
The question being put,
Will the Senate advise and consent to this nomination
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. Baker, Caperton, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Orr, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Clark, Clay, Jemison, Johnson of Missouri, Mitchel, and Oldham.
So it was
Resolved, That the Senate advise and consent to the appointment of R. H. Chilton, to be brigadier-general, agreeably to the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of P. C. Venable and H.P. Cochran, to be captains, Thomas G. Barrett, to be second lieutenant, artillery officers, for ordnance duty; Stanhope Posey and S. S. Harris, to be assistant adjutants-general, with the rank of captain; W. T. Welcker, to be captain, Corps of Artillery, Regular Army; Frank A. Reynolds and John H. Denys, to be second lieutenants, Corps of Cavalry, Regular Army; Thomas Boyd Edelin, J. D. McFarland, to be first lieutenants of
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infantry, Regular Army; and William T. Blackistone, to be second lieutenant of infantry, Regular Army; O. J. Semmes, William E. Earle, Henry C. Semple, C. W. Squires, to be majors of artillery; C. C. Greene and F. P. Leavenworth, to be captains, artillery officers, for ordnance duty; Daniel T. Chandler, to be assistant adjutant-general, with the rank of lieutenant-colonel; E. R. Smith, to be assistant adjutant-general, with the rank of captain; W. H. Sellers and E. H. Cunningham, to be assistant adjutants-general, with the rank of lieutenant-colonel; J. V. Gallimard, to be captain, Corps of Engineers, Regular Army, 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. Oldham, from the Committee on Post-Offices and Post-Roads, to whom were referred the nominations of Sidney E. McMillan, to be postmaster at Marion Court House, S. C.; E. R. Ives, to be postmaster at Lake City, Fla., and Patrick A. Chalkley, to be postmaster at Proctor's Creek, Va., 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 Matt W. Ransom, A. M. Scales, L. S. Baker, Robert D. Johnston, and W. W. Kirkland, to be brigadier-generals, 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. W. Frazer, to be brigadier-general, reported, with the recommendation that said nomination be rejected.
On motion by Mr. Clark, that said nomination be continued until the next session of the Senate,
It was determined in the negative.
The Senate proceeded to consider said nomination; and
After debate,
On the question,
Will the Senate advise and consent to the appointment of J. W. Frazer, to be brigadier-general?
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the negative are,
Messrs. Baker, Caperton, Clark, Clay, Dortch, Haynes, Henry, Hill, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Mitchel, Oldham, Orr, Semmes, and Sparrow.
So it was
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Resolved, That the Senate do not advise and consent to the appointment of J. W. Frazer, to be brigadier-general.
On motion by Mr. Mitchel, that the injunction of secrecy be removed from the proceedings in the case of J. W. Frazer,
It was determined in the negative.
On motion by Mr. Johnson of Arkansas that the vote on rejecting the nomination of J. W. Frazer, to be brigadier-general, be reconsidered,
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. Clark, Clay, Johnson of Georgia, Johnson of Arkansas, Mitchel, Orr, and Semmes.
Those who voted in the negative are,
Messrs. Baker, Caperton, Haynes, Henry, Hill, Jemison, Oldham, and Sparrow.
So the Senate refused to reconsider.
On motion by Mr. Semmes,
The Senate resolved into secret legislative session.
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