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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 23, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4]
THURSDAY, February 23, 1865.

OPEN SESSION.

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. 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.

The House of Representatives have passed the bill of the Senate (S. 170) to increase the number of acting midshipmen in the Navy, and to prescribe the mode of appointment.

Mr. Johnson of Georgia presented a series of resolutions passed at a meeting of the officers and men of Sorrel's brigade, Army of Northern Virginia; in relation to the condition of the country and the prosecution of the war; which were ordered to lie upon the table and be printed.

Mr. Watson presented a series of resolutions passed at a meeting of the officers and men of Harris' brigade in relation to the terms of peace proposed by the Government of the United States, and to the prosecution of the war; which were read.

Ordered, That they lie upon the table and be printed.

Mr. Wigfall (by leave) introduced

A bill (S. 206) to provide for the payment of cotton taken and used by the military authorities in the Trans-Mississippi Department;
which was read the first and second times and referred to the Committee on Finance.

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Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the amendment of the House of Representatives to the bill (S. 166) to amend an act entitled "An act to provide and organize a general staff for armies in the field, to serve during the war," approved June 14, 1864, reported thereon.

The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 166) last mentioned; and

On motion by Mr. Wigfall,

Resolved, That the Senate disagree to the amendment of the House of Representatives to the said bill and ask a conference on the disagreeing votes of the two Houses thereon.

On motion by Mr. Wigfall,

Ordered, That the committee of conference on the part of the Senate be appointed by the President, pro tempore; and

Mr. Wigfall, Mr. Orr, and Mr. Maxwell were appointed.

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (H. R. 383) to require noncommissioned officers and privates, held as prisoners of war, to be paid upon their individual certificates, supported by oath, 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.

Resolved, That it pass.

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (S. 202) to authorize the Ordnance Bureau to manufacture alcohol, 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.

Mr. Caperton, from the committee, reported that they had examined and found truly enrolled bills and joint resolutions of the following titles:

• H. R. 273. An act to authorize the consolidation of companies, battalions, and regiments;
• H. R. 304. An act to increase the efficiency of the cavalry of the Confederate States;
• H. R. 336. An act to authorize the establishment of an office of deposit in commotion with the Treasury;
• H. R. 26. Joint resolution for the relief of James D. Brown;
• H. R. 28. Joint resolution authorizing the transfer of funds in the Quartermaster-General's Department;
• S. 101. An act to authorize the exchange of registered bonds issued

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  under the act of February 28, 1861, for coupon bonds of like amounts and times for payment;

• S. 104. An act to extend the provisions of an act entitled "An act in relation to the receipt of counterfeit Treasury notes by public officers," approved May 1, 1863, and the provisions of the fifth section of the act approved February 17, 1864, entitled "An act to amend the act for the assessment and collection of taxes, approved May first, eighteen hundred and sixty-three;"
• S. 135. An act to provide for the remission of the penalty for nondelivery of tithes of bacon due in the year l864;
• S. 146. An act making an appropriation for the removal and erection of the naval ropewalk;
• S. 151. An act to provide for the canceling of four per cent bonds and certificates received in payment of taxes and other public dues; and
• S. 22. Joint resolution exempting maple sugar from the tithe imposed by the act entitled "An act to amend an act entitled 'An act to lay taxes for the common defense and carry on the Government of the Confederate States,' approved April twenty fourth, eighteen hundred and sixty-three," approved February 17, 1864.

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, as in Committee of the Whole, to the consideration of the bill (H. R. 348) to increase the compensation of marshals, criers, jurors, and witnesses; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.

Ordered, That the amendment be engrossed and the bill read a third time.

The said bill as amended was read the third time.

Resolved, That it pass with an amendment.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 191) to facilitate the settlement of claims of deceased officers and soldiers; and no amendment being made, it 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.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 199) to change the time for the assembling of Congress for its next regular session; and

On motion by Mr. Garland,

Ordered, That the further consideration thereof be postponed until Wednesday next.

On motion by Mr. Maxwell,

The Senate resolved into secret legislative session.

The doors having been opened,

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 97) to prevent illegal impressments and to punish

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lawlessness; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.

On the question,

Shall the bill be engrossed and read a third time?

It was determined in the negative.

So the bill was rejected.

The Senate proceeded to consider the motion submitted by Mr. Sparrow on the 15th instant, to reconsider the vote on passing the bill (S. 181) to provide supplies for the Army, and to prescribe the mode of making impressments; and

The motion was agreed to.

On motion by Mr. Walker, the vote on ordering the bill to its engrossment and third reading was also reconsidered.

The Senate resumed, as in Committee of the Whole, the consideration of the said bill.

On motion by Mr. Walker, to amend the bill by striking out all after the enacting clause and inserting:

That it shall not be lawful to impress any sheep, milch cows, brood mares, stallions,jacks, bulls, breeding hogs, or other stock kept or necessary for raising sheep, hogs, horses, mules, or cattle.

• Sec. 2. That the term "just compensation" for property impressed or taken for public use, whenever the same occurs in any of the acts relating to impressments, is hereby declared to mean the usual market price of such property at the time and place of impressment.
• Sec. 3. That so much of the fifth section of the act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, as authorizes the boards of commissioners appointed by the President and governors of the respective States to fix, in advance, upon the prices to be paid for property impressed or taken for public use, and to agree upon and publish schedules of prices for property so impressed, is hereby repealed: Provided, however, That nothing herein contained shall be construed as prohibiting said commissioners from fixing upon and publishing schedules of prices to be paid by the Government or by the families of soldiers to persons holding exemptions or details upon conditions which bind such persons to sell to the Government or to the families of soldiers at prices fixed by said commissioners.
• Sec. 4. That in all cases of appeals to the boards of commissioners, appointed by the President and the governors of the respective States, from the appraisements of impressed property made by local appraisers, it shall be the duty of said commissioners to hear the proofs adduced by the parties as to the usual market price of the property at the time and place of impressment, and to assess the same according to the testimony submitted in the particular case. On such appeals the commissioners shall receive and consider such legal oral testimony as may be offered, and also affidavits or depositions of competent witnesses taken before and certified by any justice of the peace or judge or clerk of any court of record. Witnesses examined by such board may be sworn by either of the commissioners. Where the appeal is taken by the impressing officer and the same is not brought to a hearing, and a final award in the case made by the commissioners within ninety days after the date of the original appraisement, such appeal shall be considered as abandoned, and shall not be afterwards heard, and the original appraisement shall be treated as final and conclusive,

It was determined in the affirmative.

No further amendment being made, the bill 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 and the title was amended.

On the question,

Shall the bill now pass?

It was determined in the affirmative,
• Yeas ... 12
• Nays ... 6

On motion by Mr. Orr,

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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, Garland, Graham, Hunter, Johnson of Georgia, Orr, Semmes, Simms, Vest, Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Burnett, Henry, Johnson of Missouri, and Oldham.

So it was

Resolved, That this bill pass, and that the title thereof be "An act to amend the law in relation to impressments."

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

On motion by Mr. Semmes,

The Senate adjourned.

SECRET SESSION.

The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 29) in relation to the services of Manuel and Rafael Armijo and Julian Tesorio; and no amendment being made, it was reported to the Senate.

Mr. Watson, on his motion, was excused from voting on the resolution.

On the question,

Shall the resolution be read a third time?

It was determined in the negative,
• Yeas ... 7
• Nays ... 12

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, Johnson of Missouri, Maxwell, Oldham, and Simms.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Garland, Graham, Henry, Hunter, Johnson of Georgia, Orr, Semmes, Vest, Walker, and Wigfall.

So the resolution was rejected.

Ordered, That the Secretary inform the House of Representatives thereof.

On motion by Mr. Oldham,

Ordered, That the injunction of secrecy be removed from the proceedings and debates of the Senate on the bill (S. 190) to provide for raising 200,000 negro troops.

On motion by Mr. Wigfall,

The Senate resolved into executive session.

EXECUTIVE SESSION.

Mr. Wigfall, from the Committee on Military Affairs, to whom were referred (on the 16th ultimo) the nomination of W. F. Drinkard, to be military storekeeper of ordnance, with pay and allowance of captain of infantry; and (on the 21st instant) the nominations of Joseph T. Tucker, W. G. Foster, E. M. Field, G. F. Whitfield, K. Otey, Thomas H. Owen, to be colonels; James B. McCreary, James T. Gee, W. C. Oates, J. R. Lewellen, John G. Webb, Jos. C. Webb, and William M. Feild, to be lieutenant-colonels; R. W. Jones, J. W. Arnold, W. W.

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Humphreys, W. H. McKamy, E. Hutton, C. Herring, and R. P. Jerome, to be majors; C. R. Barteau, to be colonel; G. H. Morton, to be lieutenant-colonel, and O. B. Farris, to be major of Twenty-second Tennessee Cavalry Regiment; E. T. Reynolds, R. H. Beazley, C. Gray, William McConnell, and B. Levy, to be adjutants, with the rank of 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

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

Mr. Wigfall, from the Committee on Military Affairs, to whom were referred (on the 22d instant) the nominations of Brig. Gen. Bryan Grimes, to be major-general, and Cols. W. H. Forney, T. M. Logan, and W. P. Roberts, 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 do advise and consent to their appointment, agreeably to the nomination of the President.

Mr. Wigfall, from the Committee on Military Affairs, to whom were recommitted (on the 22d instant) the nominations of Lieut. Col. I. M. St. John, to be colonel; Majs. Richard Morton and W. R. Hunt, to be lieutenant-colonels; Capts. Isaac Read, T. J. Finnie, John Ellicott, James F. Jones, and C. R. Barney, to be majors, and First Lieuts. F. W. Smith, R. H. Temple, W. Gabbett, H. F. Reardon, R. C. Morton, B. A. Stovall, J. W. Pearce, S. Chalaron, and John R. Hale, to be captains in the Niter and Mining Corps, reported back the same, with the recommendation that they 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.

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to whom was referred (on the 21st instant) the nomination of A. C. Hege, to be postmaster at Lexington, Davidson County, N. C., 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.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

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