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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 --FRIDAY, February 10, 1865.
OPEN SESSION.
Mr. Garland (by leave) introduced
A bill (S. 188) to construe the fourth paragraph of the fifth section of the act to levy additional taxes for the common defense and support of the Government, approved February 17, 1864, and to explain more fully the true intent and meaning thereof; which was read the first and second times and referred to the Committee on Finance.
Mr. Sparrow, from the Committee on Military Affairs, reported
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A bill (S. 189) to amend the several acts for the establishment and organization of a general staff for the armies of the Confederate States;
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. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 364) appropriating $10,000 to pay claims in the recruiting service of the Confederate States, 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 pass to a third reading.
The said bill was read the third time.
On the question,
Shall the bill now pass?
The vote having been taken by yeas and nays, as required by the ninth section of the first article of the Constitution,
Those who voted in the affirmative are,
Messrs. Baker, Dortch, Garland, Graham, Haynes, Hunter, Johnson of Georgia, Maxwell, Oldham, Orr, Semmes, Sparrow, Vest, Walker, Watson, and Wigfall.
So it was
Resolved, That this bill pass, two-thirds of the Senate having voted therefor.
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 agree to the amendment of the Senate to the sixth amendment of the House to the bill (S. 129) to provide for the employment of free negroes and slaves to work upon fortifications and perform other labor connected with the defenses of the country, insist upon their third, tenth, and eleventh amendments, disagreed to by the, Senate to the said bill, ask a conference upon the disagreeing votes of the two Houses thereon, and have appointed Messrs. Chambers, Baldwin, and Sexton managers at said conference on their part.
The House of Representatives disagree to the amendment of the Senate to the amendments of the House to the bill of the Senate (S.117) to authorize the commanders of the reserves in each State to order general courts-martial and to revise the proceedings of courts-martial and military courts, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Messrs. Marshall, Simpson, and Hanly managers at said conference on their part.
The House of Representatives disagree to the amendment of the Senate to the bill (H. R. 304) to increase the efficiency of the cavalry of the Confederate States, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Messrs. Wickham, Clark, and Turner managers at said conference on their part.
The House of Representatives disagree to the amendments of the Senate to the bill (H. R. 229) to provide more effectually for the reduction and redemption of the currency, ask a conference on the disagreeing votes of the two Houses thereon, and
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have appointed Messrs. Lyon, Russell, Perkins, Colyar, and Anderson managers at the said conference on their part.
The House of Representatives have passed a joint resolution (H. R. 27) for the relief of the legal representatives of John R. Cardwell; in which they request the concurrence of the Senate.
They have passed a bill and joint resolution of the Senate of the following titles:
And they have passed a resolution fixing a day for the adjournment of the present session of Congress; 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.
On motion by Mr. Baker, and by unanimous consent,
Ordered, That 200 copies of the report of the Postmaster-General, of April 29, 1861, be printed for the use of the Senate.
Mr. Wigfall presented certain documents in relation to the inferior quality of tobacco distributed to the Army; which were referred to the Committee on Military Affairs.
The Senate proceeded to consider the resolution of the House of Representatives fixing a day for the adjournment of the present session of Congress; and
On motion by Mr. Wigfall, that the further consideration thereof be postponed until Monday, the 20th instant,
It was determined in the negative.
On motion by Mr. Semmes, that the further consideration of the resolution be postponed until Tuesday next,
It was determined in the negative.
On the question,
Will the Senate agree to the resolution?
On motion by Mr. Burnett,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Brown, Dortch, Garland, Graham, Haynes, Johnson of Georgia, Johnson of Missouri, Maxwell, Sparrow, and Walker.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Henry, Hunter, Oldham, Orr, Semmes, Simms, Vest, Watson, and Wigfall.
So the resolution was not agreed to.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Maxwell submitted the following motion for consideration:
Ordered, That the vote on disagreeing to the resolution of the House of Representatives fixing a day for the adjournment of the present session of Congress be reconsidered.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 129) to provide for the employment of free negroes and slaves to work upon fortifications and perform other labor connected with the defenses of the country, insisted on by the House of Representatives; and
On motion by Mr. Sparrow,
Resolved, That the Senate insist on their disagreement to the amendments of the House of Representatives to the said bill, and agree to
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the conference asked by the House on the disagreeing votes of the two Houses thereon.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Burnett, Mr. Graham, and Mr. Caperton were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the amendments of the House to the bill (S. 117) to authorize the commanders of the reserves in each State to order general courts-martial and to revise the proceedings of courts-martial and military courts; and
On motion by Mr. Sparrow,
Resolved, That the Senate insist upon their amendment to the amendments of the House of Representatives to the said bill, and agree to the conference asked by the House on the disagreeing votes of the two Houses thereon.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Henry, Mr. Dortch, and Mr. Simms were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 304) to increase the efficiency of the cavalry of the Confederate States; and
On motion by Mr. Sparrow,
Resolved, That the Senate insist on their amendment to the said bill, and agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses thereon.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Wigfall, Mr. Johnson of Missouri, and Mr. Haynes were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider their amendments, disagreed to by the House of Representatives, to the bill (H. R. 229) to provide more effectually for the reduction and redemption of the currency; and
On motion by Mr. Semmes,
Resolved, That the Senate insist on their amendments to the said bill, and agree to the conference asked by the House of Representatives 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. Graham, and Mr. Oldham were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
The joint resolution (H. R. 27) for the relief of the legal representatives of John R. Cardwell was read the first and second times and referred to the Committee on Claims.
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Mr. Caperton, from the committee, reported that they had examined and found truly enrolled
A bill (H. R. 361) to provide for the reissue of bonds and certificates of indebtedness of the Confederate States in certain cases.
The President pro tempore having signed the enrolled bill last reported to hay e 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. Burnett, from the Committee on Claims, to whom was referred the joint resolution (H. R. 26) for the relief of James D. Brown, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said resolution; 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.
Mr. Burnett, from the Committee on Claims, to whom was referred the bill (H. R. 365) for the relief of Maj. D. W. Hinkle, quartermaster of Finegan's and Perry's brigades, reported it without amendment and submitted a report (No. 7); which was ordered to be printed.
Mr. Oldham (by leave) introduced
A bill (S. 190) to provide for raising 200,000 negro troops;
which was read the first and second times and referred to the Committee on Military Affairs.
Ordered, That it be printed.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 173) to receive volunteer troops for the war; and
On motion by Mr. Burnett,
Ordered, That the further consideration thereof be postponed until Monday next.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 162) to amend an act entitled "An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense," approved February 6, 1864; and
On motion by Mr. Watson,
Ordered, That it be transferred to the Secret Legislative Calendar.
The bill (S. 181) to provide supplies for the Army, and to prescribe the mode of making impressments, was read the second time and considered as in Committee of the Whole; and
On motion by Mr. Wigfall,
Ordered, That the further consideration thereof be postponed until Monday next.
The bill (S. 180) to amend an act entitled "An act to prevent the procuring, aiding, and assisting persons to desert from the Army of the Confederate States, and for other purposes," approved January 22, 1864, was read the second time 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.
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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 (H. R. 350) to diminish the number of exemptions and details.
On motion by Mr. Orr, to amend the bill by striking out the first section,
It was determined in the negative.
On motion, by Mr. Orr, to amend the bill by inserting at the end of the first section the following proviso:
Provided, That exemptions of persons over forty-five years of age may be granted under the provisions of the act aforesaid,
On motion by Mr. Orr,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Brown, Caperton, Graham, Hunter, Johnson of Georgia, Maxwell, Oldham, Orr, Walker, Watson, and Wigfall.
Those who voted in the negative are,
Messrs. Burnett, Dortch, Garland, Haynes, Henry, Simms, Sparrow, and Vest.
The bill having been further amended,
On motion by Mr. Orr,
Ordered, That the further consideration thereof be postponed to and made the special order for Monday next, at 1 o'clock.
On motion by Mr. Walker,
The Senate resolved into executive session.
The doors having been opened,
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 10, 1865.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of the Treasury, covering an estimate for an additional appropriation required by the Navy Department.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: On the 8th instant the President of the Confederate States approved and signed an act (S. 155) to regulate the pay and allowances of certain female employees of the Government.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Henry,
The Senate adjourned.
SECRET SESSION.
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 3d instant he approved and signed an act (H. R. 357) making an appropriation for the redemption of one-fortieth of the three million pounds foreign loan, due March 1, 1864.
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A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: On the 8th instant the President of the Confederate States approved and signed a joint resolution (S. 25) to amend a joint resolution entitled "Joint resolution on the subject of retaliation," approved May 1, 1863.
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. 162) to amend an act entitled "An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense," approved February 6, 1864; and having been amended, on the motion of Mr. Oldham, 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.
On motion by Mr. Oldham,
Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the bill (S. 162) last mentioned.
Mr. Henry submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Finance be instructed to inquire into the expediency of taking for the public use all cotton, tobacco, and naval stores now in exposed districts and liable to capture by the enemy, by paying to the owner the market value for the same in Confederate Treasury notes or their equivalent in gold; and that the said committee also inquire into the expediency of authorizing the President to sell or dispose of the same for the public use.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
Mr. Graham, from the Committee on Naval Affairs, to whom were referred (on the 8th instant) the nominations of Capt. Raphael Semmes, to be rear-admiral; Commander John Taylor Wood, to be captain, and First Lieut. Benjamin P. Loyall, to be commander, "for gallant and meritorious conduct," etc., 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 do advise and consent to their appointment, agreeably to the nomination of the President.
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, February 10, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate T. Bullitt Alexander, of Kentucky, to be second lieutenant, Corps of Cavalry, Army of the Confederate States of America.
JEFFERSON DAVIS.
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No. 197.]War Department, Confederate States of America,
Richmond, February 10, 1865.
Sir: I have the honor to recommend the nomination of T. Bullitt Alexander, of Kentucky, to be a second lieutenant, Corps of Cavalry, in the Army of the Confederate States of America, to rank from the confirmation.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To his Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 8, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate A. E. Walters, of Virginia, to be second lieutenant Company A, Eighteenth Virginia Regiment (for distinguished valor and skill), in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 193.]War Department, Confederate States of America,
Richmond, February 8, 1865.
Sir: I have the honor to recommend the nomination of A. E. Walters, of Virginia, to be second lieutenant Company A, Eighteenth Virginia Regiment (for distinguished valor and skill), in the Provisional Army of the Confederate States of America, vice Lieutenant Paxton, deceased to rank from January 17, 1865.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 8, 1865.
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 grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 194.]War Department, Confederate States of America,
Richmond, February 8, 1865.
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,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 8, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Col. R. Lowry, of Mississippi, to be brigadier-general in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
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No. 192.]War Department, Confederate States of America,
Richmond, February 8, 1865.
Sir: I have the honor to recommend the nomination of Col. R. Lowry, of Mississippi, to be brigadier-general in the Provisional Army of the Confederate States of America, to command brigade, Army of Tennessee, vice Gen. J. Adams, killed, to rank from February 4, 1865.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 8, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate F. Stringfellow, of Virginia, to be second lieutenant, Signal Corps, in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 196.]War Department, Confederate States of America,Richmond, February 8, 1865.
Sir: I have the honor to recommend the nomination of F. Stringfellow, of Virginia, to be a second lieutenant in the Signal Corps, Provisional Army of the Confederate States of America, vice Lieutenant Crittenden, resigned, to rank from December 20, 1864.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 8, 1865.
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 grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 186.]War Department, Confederate States of America,
Richmond, February 7, 1865.
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,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, February 10, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate William W. Berry, of Virginia, to be chaplain Forty-third Virginia Battalion, Partisan Rangers, in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
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No. 195.]War Department, Confederate States of America,
Richmond, February 8, 1865.
Sir: I have the honor to recommend the nomination of William W. Berry, of Virginia, to be a chaplain in the Provisional Army of the Confederate States of America, for duty with Forty-third Virginia Battalion, Partisan Rangers, to rank from February 4, 1865.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The messages were read.
Ordered, That they be referred to the Committee on Military Affairs.
On motion by Mr. Oldham,
The Senate resolved into secret legislative session.
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