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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 --MONDAY, March 6, 1865.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4]
MONDAY, March 6, 1865.

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OPEN SESSION.

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

Mr. President: the House of Representatives have passed bills and joint resolutions of the following titles; in which they request the concurrence of the Senate:

And they have passed bills of the Senate of the following titles:

The bill first named with an amendment; in which they ask the concurrence of the Senate.

The House of Representatives insist upon their disagreement to the amendments of the Senate to the bill (H. R. 384) for the relief of bonded agriculturists in certain cases, agree to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and have appointed Mr. Anderson, Mr. Foster, and Mr. De Jarnette managers at the said conference on their part.

Mr. Semmes, from the Committee on Finance, to whom were referred the following bills:

reported them severally, without, amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bills; and no amendment being made, they were severally reported to the Senate.

Ordered, That they pass to a third reading.

The said bills were severally read the third time.

Resolved, That they pass.

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

Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 406) to amend the acts to regulate the assessment and collection of taxes in kind, reported it with amendments.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and the reported amendments having been agreed to, the bill was reported to the Senate and the amendments were concurred in.


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

The said bill as amended was read the third time.

Resolved, That it pass with amendments.

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

Mr. Oldham (by leave) introduced

A joint resolution (S. 35) providing for donations to the Treasury of the Confederate States; which was read the first and second times and considered as in Committee of the Whole;
and having been amended on the motion of Mr. Watson, the resolution was reported to the Senate and the amendment was concurred in.

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

The said resolution 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. Wigfall, from the Committee on Military Affairs, to whom were referred the following bills:

reported them severally, without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bills; and no amendment being proposed, they were severally reported to the Senate.

Ordered, That they pass to a third reading.

The said bills were severally read the third time.

Resolved, That they 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 (H. R. 258) to amend the act of February 7, 1863, so as to allow commutation to soldiers for the war who have received no furlough, reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; 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 bill (H. R. 343) providing for the auditing and payment of properly authenticated claims against the Cotton Bureau in the Trans-Mississippi


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Department, received this day from the House of Representatives for concurrence, 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 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.

The residue of the bills and the joint resolutions received this day from the House of Representatives for concurrence were severally read the first and second times; and

Ordered, That the bills numbered 342, 402, 413 be referred to the Committee on the Judiciary; the bill numbered 412 to the Committee on Military Affairs; the joint resolution numbered 33 to the Committee on Post-Offices and Post-Roads, and the joint resolution numbered 34 to the Committee on Claims.

Mr. Walker, from the Committee on the Judiciary, to whom was referred the bill (H. R. 244) to provide for the settlement of certain matters of account growing out of purchases of property, as alleged by the purchasers, for the use of the Government, by Payne & Co., in the State of Texas, 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.

On motion by Mr. Walker,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the bill (S. 158) to provide for the settlement of certain matters of account growing out of purchases of property, as alleged by the purchasers, for the use of the Government, by Payne & Co., in the State of Texas.

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. Vest, that the further consideration thereof be postponed indefinitely,

On motion by Mr. Vest,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Caperton, Henry, Hunter, Johnson of Missouri, Vest, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Graham, Johnson of Georgia, Maxwell, Oldham, Orr, Semmes, Walker, and Watson.

On motion by Mr. Oldham,

Ordered, That the resolution lie upon the table.

On motion by Mr. Caperton,


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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 (H. R. 367) to increase the military force of the Confederate States; and

On motion by Mr. Caperton,

Ordered, That the further consideration thereof be postponed to and made the special order for to-morrow, at 12 o'clock.

The Senate proceeded to consider the amendment of the House of Representatives to 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

Resolved, That they concur therein.

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

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

The President pro tempore having signed the enrolled bills 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.

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (S. 219) to regulate the payment of clerks employed at the post-office in the city of Richmond, 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.

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

Mr. President: The House of Representatives disagree to the amendment proposed by the Senate to the bill (H. R. 379) to levy additional taxes for the year 1865, for the support of the Government, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Gilmer, Mr. Lyon, Mr. Russell, Mr. Anderson, and Mr. Hanly managers at the said conference on their part.

The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 379) last mentioned; and

On motion by Mr. Semmes,

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. Semmes,

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


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Mr. Semmes, Mr. Oldham, and Mr. Graham were appointed.

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: The President of the Confederate States, on the 2d instant, approved and signed an act (S. 163) to authorize the appointment of additional officers in the Engineer Corps.

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

Mr. Walker was, on his motion, excused from further service on the joint committee appointed to prepare an address to the people of the Confederate States.

Mr. Graham was, on his motion, also excused from further service on the said committee.

On motion by Mr. Semmes,

Ordered, That the President pro tempore appoint two members to fill the vacancies existing in the committee; and

Mr. Wigfall and Mr. Watson were appointed.

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

On motion of Mr. Barnwell,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed a bill and joint resolution of the following titles; in which they request the concurrence of the Senate:

The bill (H. R. 311) and the joint resolution (H. R. 32) received this day from the House of Representatives for concurrence were severally read the first and second times and referred to the Committee on Finance.

On motion by Mr. Caperton,

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 367) to increase the military force of the Confederate States; and

On motion by Mr. Orr,

Ordered, That it be transferred to the Open Legislative Calendar.

Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (H. R. 361) to provide for the establishment of a bureau of special and secret service, 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?


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On motion by Mr. Graham,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Caperton, Henry, Johnson of Missouri, Oldham, Semmes, Simms, Vest, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Graham, Hunter, Johnson of Georgia, Maxwell, Orr, and Walker.

So it was

Resolved, That this bill pass.

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

The Senate proceeded to consider the motion submitted by Mr. Wigfall on the 24th ultimo, to reconsider the vote by which the Senate refused to pass to a third reading the joint resolution (H. R. 29) in relation to the services of Manuel and Rafael Armijo and Julian Tesorio; and

The motion was agreed to.

The Senate resumed the consideration of the said resolution; and

Ordered, That it pass to a third reading.

The said resolution was read the third time.

On the question,

Shall the resolution now pass?

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. Brown, Caperton, Henry, Johnson of Missouri, Oldham, Semmes, Vest, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Burnett, Graham, Hunter, Johnson of Georgia, Orr, and Walker.

So it was

Resolved, That this resolution pass.

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 have passed bills of the Senate of the following titles:

The bill first named with amendments; in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 105) to authorize the exportation of cotton by the several States in payment for army and other supplies and cotton and wool cards; and

Resolved, That they concur therein.

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

On motion by Mr. Watson,

The Senate resolved into executive session.


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EXECUTIVE SESSION.

The Senate resumed the consideration of the nomination of A. H. Chalmers, to be lieutenant-colonel of cavalry (laid on the table on the 2d instant); and

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

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

Resolved, That the President be respectfully requested to inform the Senate why he only gives to aids-de-camp to general officers above the grade of brigadier-general the rank of first lieutenant in his nominations made to the Senate.

On motion by Mr. Baker,

Ordered, That the Committee on Post-Offices and Post-Roads be discharged from the further consideration of the message of the President relative to the removal from office by the Postmaster-General of J. S. Antley, postmaster at Clinton, Hinds County, Miss.

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

Richmond, Va., March 3, 1865.

To the Senate of the Confederate States:

I have this day received a copy of your resolution of the 1st instant, as follows:

"Resolved, That Major-General Stephen D. Lee having been appointed lieutenant-general under the act of February seventeenth, eighteen hundred and sixty-four, and having been relieved from the discharge of the duties in the command to which he was appointed, can not be confirmed by the Senate to the said command, but must now resume his former rank in the service."

In response, I have the honor to request the return of the nomination which was the occasion of the resolution, and to inform you that, before the action of the Senate in the premises was known, I had directed a new nomination of the officer referred to to be made, which should be free from the objection stated.

JEFFERSON DAVIS.

On motion by Mr. Orr,

Ordered, That the aforesaid nomination be returned to the President of the Confederate States in compliance with his request.

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, March 6, 1865.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt. W. L. Trenholm, of South Carolina, to be lieutenant-colonel Nineteenth South Carolina Battalion Cavalry, in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 243.]War Department, Confederate States of America,
Richmond, March 4, 1865.

Sir: I have the honor to recommend the nomination of Capt. W. L. Trenholm, of South Carolina, to be lieutenant-colonel Nineteenth South Carolina Battalion Cavalry, in the Provisional Army of the Confederate States of America (battalion increased to seven companies) (an original vacancy), to rank from February 25, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

The Senate proceeded to consider the nomination of Capt. W. L. Trenholm, to be lieutenant-colonel Nineteenth South Carolina Battalion Cavalry; and


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

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

Richmond, Va., March 4, 1865.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Attorney-General, I hereby nominate James F. McClellan, to be district attorney of the Confederate States for the district of Florida, in place of Chandler C. Yonge, resigned.

JEFFERSON DAVIS.

Department of Justice, Confederate States of America,
Richmond, March 2, 1865.

To the President.

Sir: I have the honor to recommend the following nomination: James F. McClellan, to be district attorney of the Confederate States for the district of Florida, in place of Chandler C. Yonge, resigned.

Very respectfully, your obedient servant,GEO DAVIS,
Attorney-General.

The message was read.

The Senate proceeded to consider the nomination (contained in the message of the President of the 4th instant) of James F. McClellan, to be district attorney of the Confederate States for the district of Florida; and

Resolved, That the Senate do advise and consent to the 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, March 6, 1865.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate A. H. Whetstone, of Alabama, to be an assistant quartermaster, with the rank of captain in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 244.]War Department, Confederate States of America,
Richmond, March 4, 1865.

Sir: I have the honor to recommend the nomination of A. H. Whetstone, of Alabama, to be an assistant quartermaster, with the rank of captain in the Provisional Army of the Confederate States of America, for duty with the Twenty-fourth Alabama Battalion Cavalry (an original vacancy), to rank from June 15, 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, March 4, 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. 219.]War Department, Confederate States of America,
Richmond, February 22, 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, March 4, 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. 226.]War Department, Confederate States of America,
Richmond, February 25, 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, March 4, 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. 213.]War Department, Confederate States of America,
Richmond, February 22, 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, March 3, 1865.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate J. T. Hutcheson, of Virginia, to be an assistant commissary, with the rank of captain in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 239.]War Department, Confederate States of America,
Richmond, March 2, 1865.

Sir: I have the honor to recommend the nomination of J. T. Hutcheson, of Virginia, to be an assistant commissary, with the rank of captain in the Provisional Army of the Confederate States of America, report to Maj. Gen. G. W. C. Lee, as commissary of his division, to rank from February 27, 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, March 3, 1865.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Henry P. Foster, of South Carolina, to be second lieutenant Company C, Twenty-seventh South Carolina Regiment (for distinguished valor and skill), in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 240.]War Department, Confederate States of America,
Richmond, March 2, 1865.

Sir: I have the honor to recommend the nomination of Henry P. Foster, of South Carolina, to be second lieutenant Company C, Twenty-seventh South Carolina Regiment, in the Provisional Army of the Confederate States of America (for distinguished valor and skill), vice Lieutenant Campbell, promoted, to rank from February 25, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The messages were severally read.

Ordered, That they be referred to the Committee on Military Affairs.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

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