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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, May 10, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4]
TUESDAY, May 10, 1864.

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OPEN SESSION.

A message from the House of Representatives, by Mr. Dalton:

Mr. President: The House of Representatives have passed a bill (H. R. 67) to continue in force and amend the provisions of an act approved January 30, 1864, increasing the compensation of certain officers and employees in the civil and legislative departments in Richmond; in which they request the concurrence of the Senate.

Mr. Sparrow presented the memorial of Earnest Lagarde & Co., proprietors of The Age, a monthly periodical published in Richmond, Va., praying exemption from military service; which was referred to the Committee on Military Affairs.

Mr. Graham submitted the following resolution; which was considered and agreed to:

Resolved, That the Committee on the Judiciary be instructed to inquire what legislation is necessary on the subject of costs in cases of condemnation of confiscated property, and especially into the expediency of conforming the fees and commissions thereon of all officers to those for like services in the States where proceedings are had, and omitting all charges for mileage, so as to preserve the moneys realized from such condemnations for the objects designed by the acts of Congress.

Mr. Jemison presented the memorial of Capt. E. B. Vaughan, praying to be released from the payment of certain moneys lost by him while acting as quartermaster in the Army of Tennessee; which was referred to the Committee on Claims.

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the bill (S. 7) to amend an act entitled "An act to provide for the payment of the interest on the removal and subsistence fund due the Cherokee Indians in North Carolina," so as to authorize the Secretary of War to pay the interest in cash or provisions, and that it be referred to the Committee on Indian Affairs.

Mr. Sparrow, front the Committee on Military Affairs, to whom were referred the following joint resolutions:

• H. R. 1. Joint resolution of thanks to the Thirty-fourth and Thirty-eighth regiments of North Carolina troops; and
• H. R. 2. Joint resolution of thanks to the Texas Brigade in the Army of Northern Virginia;

The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolutions (H. R. 1 and H. R. 2) last mentioned: and no amendment being proposed, they were severally reported to the Senate.

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. Brown, from the Committee on Naval Affairs, to whom was referred a message of the President of the Confederate States on the subject, reported

A bill (S. 12) to authorize the withdrawal from the Treasury of money contributed to build an ironclad gunboat by ladies of the State of South Carolina, and deposited therein;

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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 he as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Brown, from the Committee on Naval Affairs, reported the following bills; which were severally read the first and second times and ordered to be placed upon the Calendar and printed:

• S. 13. A bill to extend to the Navy and Marine Corps the provisions of the third section of an act to organize forces to serve during the war, approved February 17, 1864;
• S. 14. A bill to amend an act entitled "An act to provide an invalid corps," approved 17th February, 1864; and
• S. 15. A bill to authorize the payment of the actual and necessary expenses of naval officers while traveling under orders.

Mr. Hill, from the Committee on the Judiciary, to whom was referred the resolution submitted by Mr. Johnson of Arkansas on the 4th instant, fixing a day for the adjournment of the present session of Congress, reported it with an amendment.

Mr. Mitchel, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (S. 11) to extend the franking privilege, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and no amendment being proposed, it was reported to the Senate.

Ordered, That it, be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Burnett,

Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Eliza Maury, and that it be referred to the Committee on Naval Affairs.

The bill (H. R. 67) to continue in force and amend the provisions of an act approved January 30, 1864, increasing the compensation of certain officers and employees in the civil and legislative departments in Richmond, was read the first and second times and referred to the Committee on Finance.

The Senate resumed the consideration of the resolutions submitted by Mr. Wigfall on the 6th instant relative to the suspension of the privilege of the writ of habeas corpus; and

After debate,

On motion by Mr. Hill,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Mitchel,

The Senate adjourned.

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SECRET SESSION.

Mr. Hill, from the Committee on the Judiciary, reported

A joint resolution (S. 6) to authorize the removal of the public archives and of the Executive Departments of the Government; which was read the first and second times and ordered to be placed upon the Calendar.

Mr. Hill, from the Committee on the Judiciary, reported

A bill (S. 16) to fix the time for the assembling of the Congress at its next regular session, and to authorize the President to convene the Congress at any place other than the seat of government;
which was read the first and second times and considered as in Committee of the Whole.

On motion by Mr. Orr, to fill the blank in the first section with "Monday, the seventh day of November,"

On motion by Mr. Johnson of Missouri, that the bill lie upon the table,

It was determined in the negative.

On the question to agree to the amendment proposed by Mr. Orr,

It was determined in the affirmative.

The bill having been further amended, was reported to the Senate and the amendments were 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.

On motion by Mr. Sparrow,

The Senate resolved rate executive session.

EXECUTIVE SESSION.

The following messages were received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Executive Department, Confederate States of America,
Richmond, May 6, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Col. Stand Watie, of Indian Territory, to be brigadier-general in the Provisional Army of the Confederate States, to command Indian Brigade.

JEFFERSON DAVIS.

War Department Confederate States of America,
Richmond, May 6, 1864.

Sir: i have the honor to recommend the nomination of Col. Stand Watie, of Indian Territory, to be brigadier-general in the Provisional Army of the Confederate States of America, to command Indian Brigade, to take 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 Senate proceeded to consider said nomination; and

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.

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Executive Department, Confederate States of America,
Richmond, May 7, 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, Confederate States of America,
Richmond, May 6, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

MILITARY COURTS.
• S. D. Lee's cavalry division.
  • Col. James Phelan, of Mississippi, presiding judge; Col. T. A. Jones, of Alabama, member; Col. Winchester Hall, of Louisiana, member; Capt. Austin Pollard, of Mississippi, judge-advocate; to take rank from April 6, 1864.
• N. B. Forrest's cavalry division.
  • Col. Alexander McKinstry, of Alabama, presiding judge; Col. Daniel B. Wright, of Mississippi, member; Col. A. S. Marks, of Tennessee, member; Capt. J. M. Scruggs, of Georgia, judge-advocate; to take rank from April 6, 1864.
• North Alabama.
  • Col. L. P. Walker, of Alabama, presiding judge; Col. W. F. Dowd, of Mississippi, member; Col. John Chester, of Tennessee, member; Capt. John F. House, of Tennessee, judge-advocate; to take rank from April 6, 1864.
• Presiding judges.
  • Col. M. D. Graham, of Texas, for duty as judge of court, Holmes Corps, Trans-Mississippi Department, vice Col. P. W. Gray, declined, to rank from February 19, 1864.
  • Louis Bush, of Louisiana, for duty as judge of court, Trans-Mississippi Department, vice Colonel Hodge, elected to Congress, to rank from March 9, 1864.
• Member.
  • Col. W. H. Saunders, of Mississippi, for duty as judge of court, Hood's Corps, Army of Tennessee, vice Col. J. B. Sale, resigned, to rank from April 22, 1864.
• Judge-advocate.
  • Capt. O. R. Dawson, of Georgia, for duty as judge-advocate of court, Ewell's Corps, Army of Northern Virginia, vice Capt. D. A. Wilson, promoted, to rank from April 12, 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, Confederate State of America,
Richmond, May 9, 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. 6.]War Department, Confederate States of America,
Richmond, May 5, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

ARTILLERY OFFICERS, FOR ORDNANCE DUTY, UNDER ACTS APPROVED APRIL 21, 1862, AND SEPTEMBER 16, 1862.
• Lieutenant-colonels.
  • J. W. Mallett, of Alabama, to take rank from February 19, 1864.
  • Thomas L. Bayne, of Louisiana, to take rank from February 19, 1864.
  • William Allan, of Virginia, to take rank from March 28, 1864.
• Major.
  • James Harding, jr., of --, to take rank from April 13, 1864.
• Captains.
  • John S. Tucker, of Missouri, to take rank from February 19, 1864.
  • A. F. Pope, of Georgia, to take rank from February 19, 1864.
  • J. G. Reynolds, of Georgia, to take rank from February 19, 1864.
  • Daniel W. Sublett, of Texas, to take rank front February 19, 1864.
  • R. W. Anderson, of North Carolina, to take rank from February 25, 1864.
  • C. P. Estill, of Virginia, to take rank from February 25, 1864.
  • John M. Perry, of North Carolina, to take rank from February 25, 1864.
  • F. W. Dawson, of England, to take rank from April 2, 1864.
• First lieutenants.
  • R. Henry Glenn, of Kentucky, to take rank from February 19, 1864.
  • F,. Whitfield, of Kentucky, to take rank from February 19, 1864.
  • C. D. Fishburne, of North Carolina, to take rank from February 25, 1864.
  • G. F. Bason, of North Carolina, to take rank from February 25, 1864.
  • T. B. Cabaniss, of Georgia, to take rank from February 25, 1864.
  • S. H. Starr, of Georgia, to take rank from February 25, 1864.
  • S. F. Fenney, of Georgia, to take rank from February 25, 1864.
  • J. L. Scales, of Louisiana, to take rank from February 25, 1864.
• Second lieutenants.
  • L. K. Sparrow. of Virginia, to take rank from February 23, 1864.
  • W. A. Edwards, of Missouri. to take rank from March 23, 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, Confederate States of America.
Richmond, May 7, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Navy, I hereby nominate the person named upon the accompanying list to the office designated.

JEFFERSON DAVIS.

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Navy Department, Confederate States of America,
Richmond, May 4, 1864.

The President.

Sir: I have the honor to recommend the following nomination for appointment in the Navy:

Assistant paymaster.
• Levi M. Tucker, of Kentucky, to rank from the 18th day of November, 1863.

I am, respectfully, your obedient servant,

S. R. MALLORY.
Secretary of the Navy.

The message was read.

Ordered, That it be referred to the Committee on Naval Affairs.

Mr. Graham, from the Committee on Naval Affairs, to whom were referred the nominations of James G. Thomas, Walter E. Bondurant, James E. Moyler, Frederick Peck, Hugh S. Paisley, John E. Duffel, James G. Boxley, Edmund Goldsborough, to be assistant surgeons for the war, reported, with the recommendation that all of said nominations be confirmed.

The Senate proceeded to consider said report; and in concurrence therewith, it was

Resolved, That the Senate advise and consent to their appointment, agreeably to the nomination of the President.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

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