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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --THURSDAY, April 23, 1863.
OPEN SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The President of the Confederate States has notified the House of RepreSentatives that on the 18th instant he approved and signed an act (H. R. 29) to amend an act entitled "An act to secure copyrights to authors and composers," approved May 21, 1861.
The House of Representatives have passed a bill (H. R. 57) authorizing the President to confer upon the Chief of the Bureau of Ordnance and the Chief of Engineer Bureau the rank, pay, and allowances of brigadier-general in the Provisional Army; in which they request the concurrence of the Senate.
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. Brown (by leave) introduced
A bill (S. 134) to amend an act entitled "An act to amend an act entitled 'An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods,' approved May sixth, eighteen hundred and sixty-one," approved May 21, 1861, and numbered 170 of the acts of the second session of the Provisional Congress of 1861;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, the bill was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the following subjects:
A message from the President of the Confederate States, transmitting reports of certain engagements with the enemy;
A message from the President of the Confederate States, communicating the reports of Generals Polk, Hardee, and Cheatham, of the part borne by their respective commands in the battle of Shiloh, on the 6th and 7th of April, 1862;
A resolution inquiring into the propriety of so amending the existing laws that privates from any State enlisted in regiments from other States may be transferred to regiments from their own State without the consent of their company and regimental commanders;
A resolution inquiring into the propriety and expediency of building a railroad or a plank road, from Clinton, in the parish of East Feliciana, Louisiana, to intersect the New Orleans and Jackson Railroad at the most eligible point, so as to complete the connection between Jackson, Miss., and Port Hudson, La., etc.;
Memorial of W. H. S. Taylor, Second Auditor of the Treasury Department, praying for increased compensation; and
Memorial of Thomas M. Le Baron, major and quartermaster, praying art increase of the salaries of persons employed in his office.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
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Mr. Sparrow, from the Committee on Military Affairs. to whom was referred the bill (H. R. 54) to prohibit the improper employment of soldiers, reported it with the recommendation that it ought not to pass.
Mr. Burnett, from the Committee on Military Affairs, reported
A bill (S. 135) to provide for the payment of certain officers who have been irregularly appointed or have been appointed without authority of law in the military service of the Confederate States;
which was read the first and second times and ordered to be placed upon the Calendar and printed.
On motion by Mr. Burnett,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the claim of C. Ireson Bradley, asking pay for services rendered as special provost-marshal.
On motion by Mr. Burnett,
Ordered, that the Committee on Claims be discharged from the further consideration of the following subjects:
Memorial of C. G. Forshey, praying for the passage of an act authorizing payment to be made to him for services rendered as engineer of the Texas coast defenses.
On motion by Mr. Clay,
Ordered, That the joint committee to investigate the management of the Naval Department under its present head be continued until the next session of Congress, and that they have leave to sit during the recess.
The bill (H. R. 57) authorizing the President to confer upon the Chief of the Bureau of Ordnance and the Chief of Engineer Bureau the rank, pay, and allowances of brigadier-general in the Provisional Army, was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The doors having been opened,
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
An act (H. R. 18) to lay taxes for the common defense and carry on the Government of the Confederate States.
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.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison. his Secretary:
Richmond, Va., April 23, 1863.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering copies of certain reports of the battle of Murfreesboro.
JEFFERSON DAVIS.
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The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Mr. Wigfall (by leave) introduced
A bill (S. 136) to increase the salary of the Private Secretary of the President;
which was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Burnett,
The Senate adjourned.
SECRET SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The President of the Confederate States has notified the House of Representatives that on the 18th instant he approved and signed an act (H. R. 25) to make appropriations for ironclad and other war steamers, steam engines, and other supplies contracted for abroad.
On motion by Mr. Oldham,
Ordered, That the Committee on Commerce be discharged from the further consideration of the message of the President of the Confederate States in relation to the revocation of restrictions upon commerce across the Rio Grande, that it be referred to the Committee on Military Affairs, and that the injunction of secrecy be removed therefrom and from the accompanying documents.
On motion by Mr. Semmes,
Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the bill (H. R. 18) to lay taxes for the common defense and carry on the Government of the Confederate States.
The Senate proceeded to consider the amendment of the House of Representatives to the joint resolution (S. 2) relative to the plan of retaliation proposed in the President's message; and
On motion by Mr. Semmes,
Resolved, That the Senate disagree to the amendment of the House of Representatives to the said resolution and ask a conference on the disagreeing votes of the two Houses thereon.
On motion by Mr. Semmes,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Semmes, Mr. Johnson of Georgia, and Mr. Peyton were appointed.
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., April 23, 1863.
To the Senate and House of Representatives:
I herewith transmit for your consideration, in secret session, a communication from the Secretary of the Navy, submitting an estimate of the amount required to meet the charges upon exchange for the stun recently appropriated for the use of the Navy Department abroad.
I recommend an additional appropriation of the amount for the purpose specified, or such provision as will secure to the Department the use of the appropriation in funds current at the place where required.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
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The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 105) to provide for the conscription of aliens resident in the Confederate States.
The question being on agreeing to the motion submitted by Mr. Clay, that the further consideration of the bill be postponed until the second Monday in December next,
After debate,
On motion by Mr. Maxwell,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of Samuel Cooper, Robert E. Lee, Joseph E. Johnston, G. T. Beauregard, to be generals, reported, with the recommendation that said nominations be confirmed.
The Senate proceeded to consider said report; and
On motion by Mr. Clay, that the further consideration of the nominations be postponed till to-morrow,
It was determined in the negative.
On motion by Mr. Wigfall, to reconsider the vote on refusing to postpone the further consideration of the nominations till to-morrow,
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. Clay, Johnson of Georgia, Oldham, Orr, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. Barnwell, Caperton, Clark, Haynes, Henry, Hunter, Maxwell, Mitchel, Peyton, Phelan, and Sparrow.
On the question,
Will the Senate advise and consent to the appointment of Samuel Cooper, Robert E. Lee, Joseph E. Johnston, G. T. Beauregard, to be generals
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of Samuel Cooper, Robert E. Lee, Joseph E. Johnston, G. T. Beauregard, to be generals, agreeably to the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of Isaac R. Trimble, Jubal A. Early, to be major-generals, James H. Lane, Camillus J. Polignac, William Smith, Robert B. Vance, E. C. Walthall, Robert F. Hoke, H. L. Benning, W. T. Wofford, Samuel McGowan, M. A. Stovall, George B. Cosby, Frank C. Armstrong, W. L. Cabell, to be brigadier-generals; Jos. M. Jayne, John E. Penn, to be colonels; John J. Wade, H. A. Edmundson, John E. Penn, to be lieutenant-colonels; John S. Deyerle, John E. Penn, to be majors; R. Channing Price, Alfred Hoffman, W. Duncan McKim, J. F. Girault, to be assistant adjutants-general, with the rank of major; St. Jules Render, Charles J. Mastin, Emile P. Guillet, S. A. Moreno, John A. Barksdale, W. N. Worthington, A. H. Patton, John J. Reese, J. R. Fellows, William M. Magenis, H. W. Feilden, C. B. Duffield, A. N. Mills, to be assistant adjutants-general, with the rank of captain; Henry
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Irwin, S. S. Kirkland, F. von Phul, E. A. Hawkins, G. T. Smoote, James R. Crump, E. H. Gregory, M. M. Lindsay, A. L. Pitzer, W. G. Calloway, Jeff. B. Posey, William McCabe, S. C. Hepburn, F. C. Cox, E. Bredell, jr., B. Manning, E. T. Harris, John M. Sharp, William Eggeling, S. P. Hanly, H. J. Brother, F. G. Lyon, Robert C. Stewart, Thomas G. Jones, Rufus J. Polk, McH. Howard, Fred. R. Blake, Richard T. Morrison, Benjamin F. Taylor, Andrew J. Watt, James H. Bate, Virginius Dabney, Thomas L. Macon, H. M. Stanard, B. H. Blanton, J. L. Bostick, W. W. Wilkins, Thomas J. Beall, Charles G. Elliott, Jesse W. Sparks, J. E. Drayton, Charles McCann, Samuel J. Corrie, William M. Peyton, E. Cunningham, John Dunlop, George H. Geiger, Henry B. Lee, C. F. Hampton, Samuel P. Jones, R. H. Morrison, jr., Lamar Cobb, E. Kearney, Alfred M. Erwin, F. B. Rodgers, Hugh F. Patton, W. S. Symington, J. C. H. Bryant, James Battle, D. W. Sanders, W. M. Hopkins, J. F. Ranson, Frank Steiner, Charles H. Rundell, William H. Wagner, Henry B. Estes, Clifton Walker, C. H. Richmond, Alexander Rose, R. B. George, Patrick Hamilton, Albert Belding, J. Little Smith, T. P. Hampton, Charles M. Davis, Oscar Lane, T. B. Thompson, W. C. Carrington, W. W. Herr, J. A. Shingleur, Robert Boggs, D. B. Taylor, Thomas C. Jackson, G. S. Worthington, S. D. Shannon, William McWillie, John G. Scott, Henry T. Botts, G. B. Lamar, C. T. Widney, E. B. Cherry, E. L. Lewis, John T. Ector, Farrar B. Conner, J. T. Brown, James C. Randle, John S. Smith, to be aids-de-camp, with the rank of first lieutenant; D. C. Pearson, Howard Lindsley, to be captains; E. W. Anderson, J. L. S. Kirby, George Marchbanks, to be second lieutenants; and Jacob Brice, to be military storekeeper of ordnance, with rank of first lieutenant (in the Regular Army); J. L. Sehon, W. B. Richards, C. H. Jones, C. H. Suber, to be quartermasters, with the rank of major; W. V. Deaderick, J. B. O'Bryan, John W. Green, William M. Sowers, E. H. Ewing, E. B. Faulkner, O. F. Weisiger, Felix Ducayet, E. P. Gaines, A. R. Venable, to be assistant quartermasters, with the rank of captain; Isaac Scherck, to be commissary, with the rank of major; F. G. Behre, George P. Elliott, to be assistant commissaries, with the rank of captain, 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 T. J. Freeman, B. M. Anderson, to be colonels; J. T. Cearnal, to be lieutenant-colonel; Richard Gaines, J. P. Thompson, to be majors; V. C. Cooke, E. Eastman, S. A. Doran, to be captains; W. M. Magenis, to be first lieutenant, reported the same with the recommendation that they lie on the table.
The Senate proceeded to consider said report; and
Resolved, That said nominations lie on the table.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of L. Peck, to be major, reported, with the recommendation that said nomination be not confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate do not advise and consent to the appointment of L. Peck, to be major.
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Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of William Johnston, to be assistant quartermaster, with the rank of captain, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and
On motion by Mr. Burnett,
Ordered, That the nomination lie on the table.
On motion by Mr. Semmes, that the vote confirming, the nomination of John Pegram as brigadier-general be reconsidered,
It was determined in the affirmative.
On motion by Mr. Sparrow,
Ordered, That the nomination be recommitted to the Committee on Military Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, April 23, 1863.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Postmaster-General, I hereby nominate E. M. Burton, to be postmaster at Montgomery, Ala.
JEFFERSON DAVIS.
Post-Office Department,
Richmond, April 23, 1863.
The President.
Sir: I have the honor to recommend E. M. Burton, esq., for appointment as postmaster at Montgomery, Montgomery County, Ala., by and with the advice and consent of the Senate.
Very respectfully, your obedient servant,JOHN H. REAGAN,
Postmaster-General.
The message was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
On motion by Mr. Oldham,
The Senate resolved into secret legislative session.
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