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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, March 9, 1865.
OPEN SESSION.
Mr. Wigfall, from the Committee on Military Affairs, to whom was recommitted the bill (H. R. 323) to provide payment for horses killed or lost in the service of the Confederate States, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill.
On the question to agree to the following reported amendment, to wit: Insert the following independent section:
It was determined in the negative.
The residue of the reported amendments were then agreed to.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
On the question,
Shall the bill now pass?
It was determined in the negative.
So it was
Resolved, That this bill do not 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 the bill of the Senate (S. 221) for the relief of maimed soldiers.
And they have agreed to the amendments of the Senate to the resolution of the House fixing a day for the adjournment of the present session of Congress.
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Watson submitted the following resolution; which was considered by unanimous consent and agreed to:
Resolved, That one thousand additional copies of the report, and accompanying evidence, of the joint select committee appointed to investigate the condition and
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treatment of prisoners of war, be printed; that two hundred copies be furnished the Commissioner of Exchange, three hundred to the Secretary of War, and the remaining copies to the Senate for distribution.
Mr. Wigfall (by leave) introduced
A joint resolution (S. 37) of thanks to Lieut. Gen. Wade Hampton; 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 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. Semmes, from the Committee on Finance, to whom was referred the bill (S. 223) for the relief of the Exchange Bank of Virginia, 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 bill be engrossed and the bill 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. Semmes, from the Committee on Finance, to whom was referred the bill (S. 88) to exempt from taxation, on the part of the Confederate Government, the articles purchased by the State of Arkansas under and by virtue of an act of the general assembly of said State, approved October 1, 1864, entitled "An act to provide cotton and wool cards and medicines for the families of soldiers, and paper for the officers of the State and counties, and for other purposes," reported it with the recommendation that it ought not to pass.
On motion by Mr. Semmes,
Ordered, That the Committee on Finance be discharged from the further consideration of the bill (S. 174) to encourage the production of cotton in the Trans-Mississippi Department.
Mr. Semmes, from the Committee on Finance, to whom was referred the joint resolution (H. R. 34) for the relief of Alexander F. Kinney, Confederate States depositary at Staunton, Va., 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 wats 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.
On motion by Mr. Semmes,
Ordered, That the Committee on Finance be discharged from the further consideration of all bills, resolutions, and other matters referred to them and not reported on.
Mr. Watson, from the Committee on the Judiciary, to whom was
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referred the bill (H. R. 413) to amend the sequestration laws, 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.
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. Maxwell, 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 405) to establish certain post routes therein named.
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On motion by Mr. Oldham, to amend the bill by inserting after line 33 the words "In the State of Texas, from Hockley to San Felipe, in Austin County,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by inserting after line 7 the words "From Winnsboro to Alston,"
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendments were concurred in.
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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill (H. R. 420) to provide for the payment of arrears now due to the Army and Navy; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
The bill (H. R. 420) to provide for the payment of arrears now due to the Army and Navy was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Wigfall,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of all bills, resolutions, and other matters referred to them and not reported on.
On motion by Mr. Maxwell,
The Senate resolved into secret legislative session.
The doors having been opened,
On motion by Mr. Maxwell,
Ordered, That the President pro tempore appoint an additional member on the Committee on Engrossment and Enrollment; and
Mr. Johnson of Missouri was appointed.
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 8th instant, approved and signed the following acts:
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 following titles; in which they request the concurrence of the Senate:
The House of Representatives have agreed to the resolution of the Senate granting leave to the committee on the treatment and exchange of prisoners and conduct
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of the war, etc., to sit during the recess of Congress, and authorizing the said committee to employ a clerk, with an amendment; in which they request the concurrence of the Senate.
The Senate proceeded to consider the amendment of the House of Representatives to the resolution last mentioned; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Orr, from the Committee on Foreign Relations, to whom was referred the joint resolution (H. R. 30) expressing the sense of Congress on the subject of the late peace commission, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said resolution; and the reported amendments having been agreed to, the resolution was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the resolution read a third time.
The said resolution 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.
The bill (H. R. 419) to amend an act providing for the establishment and payment of claims for a certain description of property taken or informally impressed for the use of the Army, approved 14th June, 1864, was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Semmes,
Ordered, That the Senate take a recess until 8 o'clock p. m.
8 O'CLOCK P. M.
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 bills of the following titles:
And they have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 384) for the relief of bonded agriculturists in certain cases.
The House of Representatives have passed bills and a joint resolution of the Senate of the following titles:
The bill and joint resolution last named with amendments; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
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Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled bills and a joint resolution of the following titles:
The President pro tempore having signed the enrolled bills and enrolled joint resolution 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 to consider the amendment of the House of Representatives to the bill (S. 199) to change the time for the assembling of Congress for its next regular session; and
On motion by Mr. Orr,
Resolved, That the Senate disagree to the amendment of the House of Representatives to the said bill.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendment of the House of Representatives to the joint resolution (S. 35) providing for donations to the Treasury of the Confederate States; and
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: The President of the Confederate States, on the 7th instant, approved and signed an act (S. 187) to regulate the business of conscription.
Ordered, That the Secretary inform the House of Representatives thereof.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Office, Richmond, Va., March 9, 1865.
To the Senate and House of Representatives of the Confederate States:
I herewith transmit for your consideration a communication from the Secretary of the Treasury, covering estimates of appropriations required for the support of the Government during the year 1865.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Office, Richmond, Va., March 9, 1865.
To the Senate of the Confederate States:
I feel constrained to return the bill "to provide for the promotion of officers in certain cases" to the Senate, in which it originated, with a statement of the objections which have led me to withhold from it my signature.
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The Constitution provides, in paragraph 2, section 2, Article II, "The President shall have power, by and with the advice and consent of the Senate," to appoint officers of the Confederate States not otherwise provided for, "but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of Departments."
In the bill under consideration it is declared that "it shall be competent to the commanding general in the field, or the Secretary of War, to order the promotions to be made of the officers next in grade," etc.
This seems to me to confer a power of appointment on a commanding general not warranted by the Constitution.
It may be further remarked that the power conferred upon the Secretary of War will be ineffectual, except in the case when the officer next in rank is qualified to fill the temporary vacancy; a case in which the power would be least necessary in order to provide, for the time being, a competent commander.
JEFFERSON DAVIS.
The message was read.
The Senate proceeded to reconsider the bill (S. 194) returned by the President of the Confederate States with his objections; which bill is in the following words:
An act to provide for promotion of officers in certain cases.
The Congress of the Confederate States of America do enact, That, wherever the promotion of officers is obstructed by the captivity, disability, or prolonged absence of officers of a superior grade in the same company, battalion, or regiment, it shall be competent to the commanding general in the field, or the Secretary of War, to order the promotions to be made of the officers next in grade, if competent, with temporary rank, without prejudice to the claims of the superior officers who are thus temporarily absent, and the officers thus promoted, during the term of their service, shall have the pay and emoluments of the grade to which they may be assigned.
I do hereby certify that this act did originate in the Senate.
JAMES H. NASH,
Secretary.
On motion by Mr. Semmes,
Ordered, That the further consideration of the bill be postponed until to-morrow.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
To the Senate and House of Representatives of the Confederate States of America:
Having been this day informed that the two Houses of Congress have concurred in fixing Saturday next as the day for their adjournment, I deem it proper and advisable to notify you that I expect, at an early day, to send a communication which may require your deliberation and action; and, therefore, to request that you will prolong your session for a few days.
JEFFERSON DAVIS.
Richmond, March 9, 1865.
The message was read.
Ordered, That it lie upon the table.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill (H. R. 423) to prevent improper communication of intelligence to the enemy; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills and enrolled joint resolutions, I am directed to bring them to the Senate for the signature of their President.
The bill (H. R. 423) to prevent improper communication of intelligence to the enemy was read the first and second times and referred to the Committee on the Judiciary.
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Mr. Johnson of Missouri (by leave) introduced
A joint resolution (S. 38) in relation to paying exchanged or paroled officers and soldiers;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Semmes, from the Committee on the Judiciary, to whom was referred the bill (H. R. 423) to prevent improper communication of intelligence to the enemy, 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, the bill 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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill (H. R. 422) to authorize prisoners of war to fund Treasury notes; in which they request the concurrence of the Senate.
The bill (H. R. 422) last mentioned was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Barnwell,
Ordered, That when the Senate adjourn it be to 8 o'clock p. m. to-morrow.
On motion by Mr. Barnwell,
The Senate adjourned.
SECRET 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. 417) to provide transportation for Senators, Representatives, and Delegates in Congress to their respective places of residence, and to increase, for a limited time, their salaries.
On motion by Mr. Semmes,
Ordered, That the Committee on Finance be discharged from the further consideration of the bill (H. R. 311) to provide transportation for the officers of either House of Congress to their respective places of residence, and to increase, for a limited time, their salaries, and the joint resolution (H. R. 32) in relation to the pay of Members of, and Delegates in, and of the officers of both Houses during the recess of Congress.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The Speaker of the House of Representatives having signed sundry enrolled bills and an enrolled joint resolution, I am directed to bring them to the Senate for the signature of their President.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled bills and a joint resolution of the following titles:
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The President pro tempore having signed the enrolled bills and enrolled joint resolution 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 President pro tempore laid before the Senate a communication from the Secretary of the Treasury in relation to the issue of registered four per cent bonds; which was read.
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Orr,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Wigfall, from the Committee on Military Affairs, to whom were referred (on the 1st instant) the nominations of J. Horace Lacy, I. T. Winnemore, Charles Morris, and J. M. Hanger, to be quartermasters, with the rank of major; and Thomas W. Cowles, to be assistant quartermaster, with the rank of captain, reported, with a 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 21st December last) the nominations of W. V. Thompson, J. C. Gallagher, F. Clarke, Allen J. Green, J. R. McLean, and J. C. Johnston, to be majors and commandants of camps of instruction, reported, with the recommendation that all of said nominations lie upon the table.
The Senate proceeded to consider said report; and
On motion by Mr. Wigfall,
Ordered, That they lie upon the table.
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 --,] 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.
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No. 253.]War Department, Confederate States of America,
Richmond, March 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, [March --, 1865].
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate R. E. McCulloch, of Tennessee, to be aid-de-camp, with the rank of first lieutenant in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 252.]War Department, Confederate States of America,
Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of R. E. McCulloch, of Tennessee, to be aid-de-camp, with the rank of first lieutenant in the Provisional Army of the Confederate States of America, for duty with Brig. Gen. William McComb (an original vacancy), to rank from February 23, 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 --, 1865].
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Capt. J. H. Franklin, of --, to be promoted to quartermaster, with the rank of major in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 251.]War Department, Confederate States of America,
Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of Capt. J. H. Franklin, of --, to be promoted to quartermaster, with the rank of major in the Provisional Army of the Confederate States of America, for duty with artillery. First Corps, Army of Northern Virginia (an original vacancy), to rank from March 2, 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; and
The Senate proceeded to consider the nominations (received this day from the President) of A. Parker, T. H. Kellogg, and J. H. Franklin, to be quartermasters, with the rank of major; and R. E. McCulloch, to be aid-de-camp, with the rank of first lieutenant; and it was
Resolved, That the Senate do advise and consent to their 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:
Executive Department, Confederate States of America,
Richmond, March 9, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate R. C. Wintersmith, of Kentucky, to be a commissary, with the rank of major in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 254.]War Department, Confederate States of America,
Richmond, March 8, 1865.
Sir: I have the honor to recommend the nomination of R. C. Wintersmith, of Kentucky, to be a commissary, with the rank of major in the Provisional Army of the Confederate States of America, report for duty to the Commissary-General, to rank from March 3, 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; and
The Senate proceeded to consider the nomination (received this day from the President) of R. C. Wintersmith, to be commissary, with the rank of major; and it was
Resolved, That the Senate do advise and consent to his appointment, agreeably to the nomination of the President.
On motion by Mr. Maxwell,
The Senate resolved into open legislative session.
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