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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, February 16, 1865:
OPEN SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
The House of Representatives have concurred in the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 273) to authorize the consolidation of companies, battalions, and regiments.
I am directed by the House of Representatives to return to the Senate, agreeably to their request, the bill (S. 181 ) to provide supplies for the Army, and to prescribe the mode of making impressments.
The House of Representatives have passed a bill and joint resolution of the Senate of the following titles:
Mr. Semmes presented a series of resolutions passed at a meeting of the officers and men of the Louisiana Guard Artillery, urging upon Congress the propriety of placing negro troops in the military service,
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and in relation to recruiting the Army; which were ordered to lie upon the table and be printed.
Mr. Graham submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of War be instructed to inform the Senate, with as little delay as possible, what number of conscript soldiers have been levied in each State of the Confederacy and placed in service in the field; whether there has been any failure to execute the law of conscription in any State by reason of any cause other than its occupation by the enemy; and if so, why it has not been executed with uniformity in all localities where the operations of the enemy have not prevented.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 350) to diminish the number of exemptions and details.
The question being on agreeing to the motion submitted on yesterday by Mr. Orr to recommit the bill to the Committee on Military Affairs.
Mr. Orr modified the same by adding thereto the words:
with instructions to inquire into the expediency of reporting the same back with amendments which shall authorize the Secretary of War, in cases of great public necessity or convenience, to detail persons between the ages of eighteen and forty-five from the performance of military service, guarding the discretion of the Secretary so as to protect, as far as possible, the power of abuse; and
After debate,
On the question to agree to the said motion as modified,
It was determined in the affirmative.
So it was
Ordered, That the bill be recommitted to the Committee on Military Affairs, with the said instructions.
The bill (H. R. 371) to relieve agriculturists exempted and detailed under the act of February 17, 1864, in certain cases, was read the first and second times and referred to the Committee on the Judiciary.
The following bills were severally read the first and second times and referred to the Committee on Military Affairs:
The bill (H. R. 325) to make appropriations for the support of the Government of the Confederate States of America from the 1st day of January to the 30th day of June, 1865, was read the first and second times and referred to the Committee on Finance.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 365) for the relief of Maj. D. W. Hinkle, quartermaster of Finegan's and Perry's brigades.
On motion by Mr. Simms, to amend the bill by inserting the following proviso:
Provided, That the said accounting officer shall also allow as a credit to Captain C. S. Hart, quartermaster of Lomax's cavalry division, the sum of eight thousand
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one hundred and sixty-three dollars, belonging to the Government of the Confederate States, which was stolen from him by some unknown person on the night of the thirtieth day of October last, without his neglect or fault, upon proper and sufficient proof being made of all the facts in the case.
Mr. Burnett objected to the amendment as not being in order under the twentieth clause of the ninth section of the first article of the Constitution;
Whereupon,
The President pro tempore submitted the question to the decision of the Senate; and
On the question,
Is the proposed amendment in order?
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Simms,
On motion by Mr. Simms,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Dortch, Garland, Haynes, Henry, Johnson of Missouri, Oldham, Orr, Simms, and Watson.
Those who voted in the negative are,
Messrs. Baker, Brown, Burnett, Caperton, Graham, Hunter, Johnson of Georgia, Maxwell, Semmes, Vest, Walker, and Wigfall.
No amendment being made, the bill was reported to the Senate.
On the question,
Shall the bill be read a third time?
It was determined in the negative.
So the bill was rejected.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Caperton (by leave) introduced
A joint resolution (S. 31) repealing and amending certain provisions of the acts for the sequestration of the estates, property, and effects of alien enemies, approved, respectively, August 30, 1861, and February 15, 1862;
which was read the first and second times and referred to the Committee on the Judiciary.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 184) to exempt from military service skilled artisans and mechanics; and
On motion by Mr. Wigfall,
Ordered, That it be recommitted to the Committee on Military Affairs.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 173) to receive volunteer troops for the war; and
On motion by Mr. Burnett,
Ordered, That it be transferred to the Secret Legislative Calendar.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 190) to provide for raising 200,000 negro troops; and
On motion by Mr. Johnson of Georgia,
The Senate resolved into secret legislative session for the further consideration thereof.
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The doors having been opened,
Mr. Burnett, from the committee of conference on the part of the Senate on the disagreeing votes of the two Houses on 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, reported
That they have met the managers on the part of the House of Representatives, and after full and free conference have agreed to recommend, and do recommend, to their respective Houses as follows:
That the House of Representatives do recede from their third and tenth amendments.
That the Senate do recede from their disagreement to the eleventh amendment of the House of Representatives.
The Senate proceeded to consider the said report; and
On motion by Mr. Burnett,
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: On the 14th instant the President of the Confederate States approved and signed a joint resolution (S. 26) of thanks to Mr. John Lancaster, of England, for his friendly conduct toward the commander, officers, and crew of the Alabama.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Graham (by leave) introduced
A bill (S. 194) to provide for promotion of officers in certain cases; which was read the first and second times and referred 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, Va., February 15, 1865.
To the Senate of the Confederate States:
In partial response to your resolution of the 24th ultimo, I herewith transmit communications from the Secretary of the Navy and the Postmaster-General relating to the number of white men between the ages of 18 and 45, and of negroes, whose services are necessary to their respective Departments.
The Secretary of War has been called on to furnish reports on this subject from the several bureaus specified in your resolution, which will be transmitted when received.
JEFFERSON DAVIS.
The message was read.
Ordered, That it lie upon the table and be printed.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 15, 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 Department of Justice.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Orr,
The Senate resolved into executive session.
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The doors having been opened,
On motion by Mr. Semmes,
The Senate adjourned.
SECRET SESSION.
On motion by Mr. Johnson of Georgia, that the bill (S. 190) to provide for raising 200,000 negro troops be transferred to the Secret Legislative Calendar,
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, Burnett, Dortch, Haynes, Johnson of Georgia, Johnson of Missouri, Maxwell, Vest, Walker, and Watson.
Those who voted in the negative are,
Messrs. Caperton, Graham, Hunter, Oldham, Orr, Semmes, and Wigfall.
The Senate resumed the consideration of the said bill; and
On motion by Mr. Oldham,
Ordered, That the further consideration thereof be postponed to and made the special order for to-morrow, at 1 o'clock.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 102) to authorize the exportation of produce and merchandise bought from the Government.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
On motion by Mr. Wigfall, the vote on confirming the nomination of S. D. Lee, to be a lieutenant-general, was reconsidered.
The Senate resumed the consideration of the nomination of S. D. Lee; and
On motion by Mr. Burnett,
Ordered, That the further consideration thereof be postponed until Saturday next.
The Senate resumed the consideration of the nomination of Isaac M. St. John, to be Commissary-General, with the rank of brigadier-general; and
Resolved, That the Senate do advise and consent to the appointment of Isaac M. St. John, agreeably to the nomination of the President.
Mr. Burnett, from the Committee on Military Affairs, to whom was referred (on the 25th ultimo) the nomination of W. W. Barrett, to be quartermaster, with the rank of major in the Provisional Army of the Confederate States, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate do advise and consent to the appointment, agreeably to the nomination of the President.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Postmaster-General, I hereby nominate Hillery Moseley, to be postmaster at Clinton, Hinds County, Miss.
JEFFERSON DAVIS.
Post-Office Department, Confederate States of America,
Richmond, February 13, 1865.
To the President.
Sir: I have the honor to recommend for confirmation by the Senate the following appointment, made since the opening of the present adjourned session of Congress:
February 11, 1865, Hillery Moseley, postmaster at Clinton, Hinds County, Miss.
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.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, February 15, 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. 202.]War Department, Confederate States of America,
Richmond, February 15, 1865.
Sir: I have the honor to recommend the following nominations for promotion 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.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Dortch,
The Senate resolved into open legislative session.
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