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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 13, 1865.
OPEN SESSION.
On motion by Mr. Johnson of Missouri,
Ordered, That the President pro tempore appoint two additional members on the Committee on Claims; and
Mr. Oldham and Mr. Watson were appointed.
Mr. Walker, from the Committee on the Judiciary, to whom was referred the joint resolution (H. R. 31) respecting a census, 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.
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Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. 428) to authorize the Postmaster-General to purchase United States postage stamps for certain purposes, 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. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 430) to amend an act to reduce the currency and to authorize a new issue of notes and bonds, approved February 17, 1864, 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 pass to a third reading.
The said bill was read the third time.
On the question,
Shall the bill now pass?
On motion by Mr. Oldham,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Graham, Maxwell, Orr, Semmes, and Walker.
Those who voted in the negative are,
Messrs. Brown, Caperton, Henry, Hunter, Johnson of Georgia, Johnson of Missouri, Oldham, Simms, Vest, Watson, and Wigfall.
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 bills 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 amendments; in which they request the concurrence of the Senate.
The House of Representatives having proceeded, in pursuance of the Constitution, to reconsider the bill (S. 194) entitled "An act to provide for promotion of officers in certain cases," returned to the Senate by the President of the Confederate States, with his objections, and sent by the Senate to the House of Representatives, with the message of the President returning the bill,
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Resolved, That the bill do not pass, two-thirds of the members present not voting therefor.
The President of the Confederate States has notified the House of Representatives that on the 8th instant he approved and signed the following acts:
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.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 429) making appropriations for the support of the Government of the Confederate States of America from July 1 to December 31, 1865, and to supply deficiencies, 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.
The Senate proceeded to consider the motion submitted by Mr. Barnwell on Saturday last, to reconsider the vote on passing the bill (H. R. 420) to provide for the payment of arrears now due to the Army and Navy; and
The motion was not agreed to.
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 9th instant, approved and signed an act (S. 220) to increase the salary of the assistant treasurer at Charleston, S. C.
Ordered, That the Secretary inform the House of Representatives thereof.
The following messages were 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:
I have now under consideration the act entitled "An act to diminish the number of exemptions and details," which has passed both Houses, and was presented to me on Saturday, the 11th instant.
The act contains two provisions which would, in practice, so impair the efficiency of the service as to counterbalance, if not outweigh, the advantages that would result from the other clauses contained in it.
The third section exempts all skilled artisans and mechanics in the employment of the Government from all military service. A very important and indeed indispensable portion of our local defense troops consists of these mechanics and artisans. They amount to many thousands in the Confederacy, and while they are and should remain exempt from general service, no good cause is perceived why they should not, like all other citizens capable of bearing arms, be organized for local defense and be ready to defend the localities in which they are respectively employed against sudden raids and incursions. If exempt from this local service, it will be necessary to detach in many cases troops from the armies in the field to guard the towns and workshops where they are employed. It is believed that if this provision become a law, the gain of strength resulting from the repeal of other exemptions
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enacted by the first section of the law would be more than counterbalanced by the loss of this local force.
The second provision to which I refer is that which revokes all details and exemptions heretofore granted by the President and Secretary of War, and prohibits the grant of such exemptions and details hereafter. There is little hazard in saying that such a provision could not be executed without so disorganizing the public service as to produce very injurious results. In every department of the Government, in every branch of the service throughout the country, there are duties to be performed which can not be discharged except by men instructed and trained in their performance. Long experience makes them experts. Their services become, in their peculiar sphere of duty, worth to the country greatly more than any they could possibly render in the field. Some of them it would be impossible immediately to replace.
The Treasury expert who detects a forged note at a glance; the accounting officer whose long experience makes him a living repository of the rules and precedents which guard the Treasury from frauds; the superintendent of the manufacturing establishments of the Government which supply shoes, harness, wagons, ambulances, etc., for the Army; the employees who have been specially trained in the distribution and subdivision of mail matter among the various routes by which it is to reach its destination, are among the instances that are afforded by the daily experience of executive officers. To withdraw from the public service at once, and without any means of replacing them, the very limited number of experts, believed to be less than one hundred, who are affected by the bill, is to throw the whole machinery of government into confusion and disorder, at a period when none who are not engaged in executive duties can have an adequate idea of the difficulties by which they are already embarrassed.
The desire of the Executive and Secretary of War to obtain for the Army the services of every man available for the public defense can hardly be doubted; and Congress may be assured that nothing but imperative public necessity could induce the exercise of any discretion vested in them to retain men out of the Army. But no government can be administered without vesting some discretion in executive officers in the application of general rules to classes of the population. Individual exceptions exist to all such rules in the very nature of things, and these exceptions can not be provided for by legislation in advance. I earnestly hope that Congress will pass an amendment to the act now under consideration, in accordance with the foregoing recommendations, so that I may be able, by signing both the act and amendment, to secure unimpaired benefit from the proposed legislation.
JEFFERSON DAVIS.
Executive Office, Richmond, March 13, 1865.
To the Senate and House of Representatives of the Confederate States:
I have returned, with my approval, the act entitled "An act to regulate the business of conscription." There is, however, one section of the act which seems to me to threaten injury to the service, unless essentially modified.
The eighth section provides that there shall be in each Congressional district "a medical board composed of three surgeons, who, after due notice of the time and place of their meeting, shall visit each county of their district at least once in three months, and shall examine for discharge, or recommendation for light duty, all conscripts who have been furloughed under the provisions of the preceding section. Every discharge granted by said medical board shall be final, and shall relieve the party from all military service in the future, when the disability is permanent and the cause of it is set forth in the certificate."
It is greatly to be feared that under the terms of this section considerable numbers of men will be finally discharged from military service while competent to aid in the defense of their country. The terms of the law do not require that the disability shall be total as well as permanent in order to entitle the soldier to his discharge. The loss of a limb or stiffness of a joint, or even the loss of the dexter forefinger, lameness, nearsightedness, partial deafness, are instances of disability, permanent but not total, and which may well exist without rendering the individual incompetent to perform valuable service in posts, garrisons, or even in active operations.
The number of surgeons required for the duty imposed by this section would be about 150, in addition to the local physicians. We have no medical officers to spare from attendance on the troops and in hospitals, so that it would be necessary to appoint this number of new officers, who would generally be drawn from men in active service in the field. After the first visit to the different counties, these officers would have so little to do as to be practically supernumeraries supported by the Government at great cost and with the loss of their services in the field. Of the three surgeons who are to compose the board, only two are to be public officers; so that
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any resident physician of a county, in connection with a single army surgeon, would have power by action from which there is no appeal to discharge permanently from service any inhabitant of the county in which he practices his profession. When we consider the strong opposition manifested in many districts of country to the system of conscription, and the many influences which are resorted to by those who seek to escape service, there is much cause to fear that the effect of these provisions will be to deplete our reduced forces to a serious extent, and I hope it will be the pleasure of Congress to repeal this section or materially to modify its provisions.
JEFFERSON DAVIS.
Executive Office, Richmond, March 13, 1865.
The messages were severally read.
Ordered, That they be referred to the Committee on Military Affairs.
The bills received this day from the House of Representatives for concurrence were severally read the first and second times; and
Ordered, That the bill numbered 418 be referred to the Committee on the Judiciary and the bill numbered 431 to the Committee on Finance.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 205) for the relief of David Moore, Daniel Moore, and Mrs. Mary R. Alexander; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Caperton (by leave) introduced
A bill (S. 225) to amend the tenth section of the act entitled "An act to organize forces to serve during the war;"
which was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Johnson of Missouri,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received 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:
And they have passed bills of the Senate of the following titles:
The Speaker of the House of Representatives having signed sundry enrolled bills, 1 am directed to bring them to the Senate for the signature of their President.
The residue of the bills received this day from the House of Representatives for concurrence were severally read the first and second times; and
Ordered, That the bill numbered 174 be referred to the Committee on Claims and the bill numbered 434 to the Committee on Military Affairs.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 431) for the relief of the officers and employees of the Treasury Note Bureau, 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.
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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.
Mr. Caperton, from the committee, reported that they had examined and found truly enrolled bills and joint resolutions of the following titles:
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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.
Mr. Walker, from the Committee on the Judiciary, to whom was referred the bill (H. R. 341) requiring suit to be brought against persons connected with the Cotton Bureau and Cotton Office in the Trans-Mississippi Department, 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. 225) to amend the tenth section of the act entitled
"An act to organize forces to serve during the war," 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.
On motion by Mr. Semmes,
The vote by which the Senate refused to pass to a third reading 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 reconsidered.
The Senate resumed, as in Committee of the Whole, the consideration of the said bill; and having been amended on the motion of Mr. Semmes, 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. Watson, from the Committee on Claims, to whom were referred the joint resolution (H. R. 35) for the relief of Stephen B. Marshall
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shall, jr., tax collector of Putnam County, Ga., and the joint resolution (H. R. 36) for the relief of William C. Hagan, reported them severally, without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said resolutions; and no amendment being proposed, they were severally reported to the Senate.
Ordered, That they pass to a third reading.
The said resolutions were severally read the third time.
Resolved, That they pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Watson, from the Committee on Claims, to whom was referred the bill (H. R. 174) for the relief of Maj. John Reid, of Missouri, 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. Graham,
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 (H. R. 426) to provide for the safety of the archives of the Government, and for the assembling of Congress at any place other than the seat of government; in which they request the concurrence of the Senate.
The bill (H. R. 426) last mentioned 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.
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 9th instant, approved and signed an act (S. 218) to authorize the removal of the Naval School.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The President of the Confederate States having returned to the House of Representatives the bill (H. R. 392) entitled "An act 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," with his objections to the same, the House proceeded to reconsider the bill; and
Resolved, That the bill do not pass, two-thirds of the members present not voting therefor.
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The President of the Confederate States has notified the House of Representatives that on the 9th instant he approved and signed an act (H. R. 417) to increase, for a limited period, the compensation and mileage of Senators, Representatives, and Delegates in Congress, and the compensation of the officers of both Houses of Congress.
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:
When informed on Thursday last that it was the intention of Congress to adjourn sine die on the ensuing Saturday, I deemed it my duty to request a postponement of the adjournment in order that I might submit for your consideration certain matters of public interest, which are now laid before you. When that request was made the most important measures that had occupied your attention during the session had not been so far advanced as to be submitted for Executive action; and the state of the country had been so materially affected by the events of the last four months as to evince the necessity of further and more energetic legislation than was contemplated in November last.
Our country is now environed with perils which it is our duty calmly to contemplate. Thus alone can the measures necessary to avert threatened calamities be wisely devised and efficiently enforced.
Recent military operations of the enemy have been successful in the capture of some of our seaports, in interrupting some of our lines of communication, and in devastating large districts of our country. These events have had the natural effect of encouraging our foes and dispiriting many of our people. The capital of the Confederate States is now threatened, and is in greater danger than it has heretofore been during the war.
The fact is stated, without reserve or concealment, as due to the people whose servants we are, and in whose courage and constancy entire trust is reposed; as due to you, in whose wisdom and resolute spirit the people have confided for the adoption of the measures required to guard them from threatened perils.
While stating to you that our country is in danger, I desire also to state my deliberate conviction that it is within our power to avert the calamities which menace us, and to secure the triumph of the sacred cause for which so much sacrifice has been made, so much suffering endured, so many precious lives been lost. This result is to be obtained by fortitude, by courage, by constancy in enduring the sacrifices still needed; in a word, by the prompt and resolute devotion of the whole resources of men and money in the Confederacy to the achievement of our liberties and independence. The measures now required, to be successful, should be prompt. Long deliberation and protracted debate over important measures are not only natural, but laudable in representative assemblies, under ordinary circumstances; but in moments of danger, when action becomes urgent, the delay thus caused is itself a new source of peril. Thus it has unfortunately happened that some of the measures passed by you in pursuance of the recommendations contained in my message of November last, have been so retarded as to lose much of their value, or have, for the same reason, been abandoned after being matured, because no longer applicable to our altered condition; and others have not been brought under examination. In making these remarks, it is far from my intention to attribute the loss of time to any other cause than those inherent in deliberative assemblies, but only urgently to recommend prompt action upon the measures now submitted.
We need, for carrying on the war successfully, men and supplies for the Army. We have both within our country sufficient to obtain success.
To obtain the supplies, it is necessary to protect productive districts and guard our lines of communication by an increase in the number of our forces; and hence it results, that with a large augmentation in the number of men in the Army, the facility of supplying the troops would be greater than with our present reduced strength.
For the purchase of the supplies now required, especially for the armies in Virginia and North Carolina, the Treasury must be provided with means; and a modification in the impressment law is required. It has been ascertained by examination that we have within our reach a sufficiency of what is most needed for the Army, without having recourse to the ample provision existing in those parts of the Confederacy with which our communication has been partially interrupted by hostile operations. But in some districts, from which supplies are to be drawn, the inhabitants being either within the enemy's lines, or in very close proximity, are unable to make use of Confederate Treasury notes for the purchase of articles of prime necessity, and it is necessary that, to some extent, coin be paid, in order to obtain supplies. It is therefore recommended that Congress devise the means for making available
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the coin within the Confederacy, for the purpose of supplying the Army. The officers of the supply departments report that with $2,000,000 in coin, the armies in Virginia and North Carolina can be amply supplied for the remainder of the year; and the knowledge of this fact should suffice to insure the adoption of the measures necessary to obtain this moderate sum.
The impressment law, as it now exists, prohibits the public officers from impressing supplies without making payment of the valuation at the time of impressment. The limit fixed for the issue of Treasury notes has been nearly reached, and the Treasury can not always furnish the funds necessary for prompt payment; while the law for raising revenue, which would have afforded means for diminishing, if not removing, this difficulty, was unfortunately delayed for several months, and has just been signed. In this condition of things, it is impossible to supply the Army, although ample stores may exist in the country, whenever the owners refuse to give credit to the public officer. It is necessary that this restriction on the power of impressment be removed. The power is admitted to be objectionable, liable to abuse, and unequal in its operations on individuals. Yet all these objections must yield to absolute necessity. It is also suggested that the system of valuation now established ought to be radically changed. The legislation requires, in such cases of impressment, that the market price be paid; but there is really no market price in many cases, and the valuation is made arbitrarily and in a depreciated currency. The result is that the most extravagant prices are fixed, such as no one expects ever to be paid in coin. None believe that the Government can ever redeem in coin the obligation to pay $50 a bushel for corn, or $700 a barrel for flour. It would seem to be more just and appropriate to estimate the supplies impressed at their value in coin, to give the obligation of the Government for the payment of the price in coin, with reasonable interest, or at the option of the creditor, to return in kind the wheat or corn impressed, with a reasonable interest, also payable in kind, and to make the obligations thus issued receivable for all payments due in coin to the Government. Whatever be the value attached by Congress to these suggestions, it is hoped that there will be no hesitation in so changing the law as to render it possible to supply the Army, in case of necessity for the impressment of provisions for that purpose.
The measure adopted to raise revenue, though liberal in its provisions, being clearly inadequate to meet the arrear of debt and the current expenditure, some degree of embarrassment in the management of the finances must continue to be felt. It is to be regretted, I think, that the recommendation of the Secretary of the Treasury, of a tax on agricultural income, equal to the augmented tax on other incomes, payable in Treasury notes, was rejected by Congress. This tax would have contributed materially to facilitate the purchase of provisions and diminish the necessity that is now felt for a supply of coin.
The measures passed by Congress during the session for recruiting the Army and supplying the additional force needed for the public defense, have been in my judgment insufficient, and I am impelled by a profound conviction of duty, and stimulated by a sense of the perils which surround our country, to urge upon you additional legislation on this subject.
The bill for employing negroes as soldiers has not yet reached me, though the printed journals of your proceedings inform me of its passage. Much benefit is anticipated from this measure, though far less than would have resulted from its adoption at an earlier date, so as to afford time for their organization and instruction during the winter months.
The bill for diminishing the number of exempts has just been made the subject of a special message, and its provisions are such as would add no strength to the Army. The recommendation to abolish all class exemptions has not met your favor, although still deemed by me a valuable and important measure; and the number of men exempted by a new clause in the act just passed is believed to be quite equal to that of those whose exemption is revoked. A law of a few lines, repealing all class exemptions would not only strengthen the forces in the field, but be still more beneficial, by abating the natural discontent and jealousy created in the Army by the existence of classes privileged by law to remain in places of safety while their fellow-citizens are exposed in the trenches and the field.
The measure most needed, however, at the present time, for affording an effective increase to our military strength, is a general militia law, such as the Constitution authorizes Congress to pass, by granting to it power "to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States;" and the further power "to provide for calling forth the militia to execute the laws of the Confederate States, suppress
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insurrections, and repel invasions." The necessity for the exercise of this power can never exist, if not in the circumstances which now surround us.
The security of the States against any encroachment by the Confederate Government is amply provided by the Constitution, by "reserving to the States, respectively, the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress."
A law is needed to prescribe not only how and of what persons the militia are to be organized, but to provide the mode of calling them out. If instances be required to show the necessity for such general law, it is sufficient to mention, that in one case I have been informed by the governor of the State that the law does not permit him to call the militia from one county for service in another, so that a single brigade of the enemy could traverse the State, and devastate each county in turn, without any power on the part of the executive to use the militia for effective defense; while in another State the executive refused to allow the militia "to be employed in the service of the Confederate States," in the absence of a law for that purpose.
I have heretofore, in a confidential message to the two Houses, stated the facts which induced me to consider it necessary that the privilege of the writ, of habeas corpus should he suspended. The conviction of the necessity of this measure has become deeper as the events of the struggle have been developed. Congress has not concurred with me in opinion. It is my duty to say that the time has arrived when the suspension of the writ is not simply advisable and expedient, but almost indispensable to the successful conduct of the war. On Congress must rest the responsibility of declining to exercise a power conferred by the Constitution as a means of public safety, to be used in periods of national peril resulting from foreign invasion. If our present circumstances are not such as were contemplated when this power was conferred, I confess myself at a loss to imagine any contingency in which this clause of the Constitution will not remain a dead letter.
With the prompt adoption of the measures above recommended, and the united and hearty cooperation of Congress and the people in the execution of the laws and the defense of the country, we may enter upon the present campaign with cheerful confidence in the result. And who can doubt the continued existence of that spirit, and fortitude in the people, and of that constancy under reverses, which alone are needed to render our triumph secure? What other resource remains available but the undying, unconquerable resolve to be free?
It has become certain, beyond all doubt; or question, that we must continue this struggle to a successful issue, or must make abject and unconditional submission to such terms as it shall please the conqueror to impose on us, after our surrender. If a possible doubt could exist, after the conference between our commissioners and Mr. Lincoln, as recently reported to you, it would be dispelled by a recent occurrence, of which it is proper that you should be informed.
Congress will remember that in the conference above referred to, our commissioners were informed that the Government of the United States would not enter into any agreement or treaty whatever with the Confederate States, nor with any single State; that the only possible mode of obtaining peace was by laying down our arms, disbanding our forces, and yielding unconditional obedience to the laws of the United States, including those passed for the confiscation of our property, and the constitutional amendment for the abolition of slavery. It will further be remembered that Mr. Lincoln declared that the only terms on which hostilities could cease, were those stated in his message of December last, in which we were informed that in the event of our penitent submission, he would temper justice with mercy, and that the question whether we would be governed as dependent territories, or permitted to have a representation in their Congress, was one on which he could promise nothing, but which would be decided by their Congress after our submission had been accepted.
It has not, however, been hitherto stated to you, that in the course of the conference at Fortress Monroe, a suggestion was made by one of our commissioners that the objection entertained by Mr. Lincoln to treating with the Government of the Confederacy, or with any separate State, might be avoided, by substituting for the usual mode of negotiating through commissioners or other diplomatic agents, the method sometimes employed, of a military convention, to be entered into by the commanding generals of the armies of the two belligerents. This he admitted was a power possessed by him, though it was not thought commensurate with alt the questions involved. As he did not accept the suggestion when made, he was afterwards requested to reconsider his conclusion upon the subject of a suspension of hostilities, which he agreed to do, but said that he had maturely considered of the plan, and had determined that it could not be done.
Subsequently, however, an interview with General Longstreet was asked for by
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General Ord, commanding the enemy's Army of the James, during which General Longstreet was informed by him that there was a possibility of arriving at a satisfactory adjustment of the present unhappy difficulties, by means of a military convention; and that if General Lee desired an interview on the subject, it would not be declined, provided General Lee had authority to act. This communication was supposed to be the consequence of the suggestion above referred to, and General Lee, according to instructions, wrote to General Grant on the 2d of this month, proposing to meet him for conference on the subject, and stating that he was vested with the requisite authority. General Grant's reply stated that he had no authority to accede to the proposed conference; that his power extended only to making a convention on subjects purely of a military character, and that General Ord could only have meant that an interview would not be refuged on any subject on which he (General Grant) had the right to act.
It thus appears that neither with the Confederate authorities nor the authorities of any State, nor through the commanding generals, will the Government of the United States treat or make any terms or agreement whatever for the cessation of hostilities. There remains, then, for us no choice but to continue the contest to a final issue--for the people of the Confederacy can be but little known to him who supposes it possible they would ever consent to purchase, at the cost of degradation and slavery, permission to live in a country garrisoned by their own negroes and governed by officers sent by the conqueror to rule over them.
Having thus fully placed before you the information requisite to enable von to judge of the state of the country, the dangers to which we are exposed, and the measures of legislation needed for averting them, it remains for me but to invoke your attention to the consideration of those means by which, above all others, we may hope to escape the calamities that would result from our failure. Prominent above all others is the necessity for earnest and cordial cooperation between all departments of government, State and Confederate, and all eminent citizens throughout the Confederacy. To you especially, as Senators and Representatives, do the people look for encouragement and counsel. To your action, not only in legislative halls, but in your homes, will their eyes be turned for the example of what is befitting men who, by willing sacrifices on the altar of freedom, show that they are worthy to enjoy its blessings. I feel full confidence that you will concur with me in the conviction that your public duties will not be ended when you shall have closed the legislative labors of the session, but that your voice will be heard, cheering and encouraging the people to that persistent fortitude which they have hitherto displayed, and animating them by the manifestation of that serene confidence which in moments of public danger is the distinctive characteristic of the patriot who derives courage from his devotion to his country's destiny, and is thus enabled to inspire the like courage in others.
Thus united in a common and holy cause, rising above all selfish considerations, rendering all our means and faculties tributary to the country's welfare, let us bow submissively to the Divine will, and reverently invoke the blessing of our Heavenly Father, that as he protected and guided our sires when struggling in a similar cause, so he will enable us to guard safely our altars and our firesides, and maintain inviolate the political rights which we inherited.
JEFFERSON DAVIS.
Richmond, Va., March 13, 1865.
The message was read.
Ordered, That it be printed, in confidence, for the use of the Senate.
On motion by Mr. Semmes,
Ordered, That so much of the message as relates to military affairs be referred to the Committee on Military Affairs; that so much thereof as relates to the finances be referred to the Committee on Finance; that so much thereof as relates to impressments be referred to the Committee on the Judiciary; that so much thereof as relates to negotiations with the enemy be referred to the Committee on Foreign Relations, and that so much thereof as relates to the action of Congress during the present session be referred to a select committee of five members.
The Senate proceeded, by ballot, to the appointment of the said committee; and
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Mr. Orr, Mr. Graham, Mr. Semmes, Mr. Caperton, and Mr. Watson were appointed.
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 11th instant) the nominations of Y. M. Moody, to be brigadier-general; J. H. Beck, John W. Green, to be quartermasters, with the rank of major; R. N. Lowrance, to be commissary, with the rank of major; H. S. Reynolds, to be assistant commissary, with the rank of captain; John W. Galloway and M. Durham, to be captains; R. A. Wood, to be captain (for retirement under act approved January 27, 1865); J. W. Squyres, to be captain, and V. C. Dibble, to be second lieutenant of cavalry; James P. Cox, to be aid-de-camp, with the rank of first lieutenant; and M. L. Mikell, A. J. Costin, Henry C. Wade, and G. C. Greenway, to be adjutants, with the rank of first lieutenant, 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.
The following message was received from the President of the Con federate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., March 13, 1865.
To the Senate of the Confederate States:
I hereby nominate Henry D. Ogden, Clement R. Johns, and John D. Morris, to be commissioners, "to inquire and examine into the proceedings and transactions of the Cotton Bureau and Cotton Office in the Trans-Mississippi Department, and all transactions in cotton by or under military authority," as authorized by the joint resolution approved on the 11th instant.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Commerce.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., March 13, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of the Treasury, I hereby nominate Col. George B. Hodge, to be Second Auditor of the Treasury.
JEFFERSON DAVIS.
Treasury Department, Confederate States of America,
Richmond, March 13, 1865.
To the President.
Sir: I have the honor to recommend the appointment of Col. George B. Hodge, of Kentucky, to be Second Auditor, Confederate States Treasury Department.
Very respectfully,
G. A. TRENHOLM,
Secretary of the Treasury.
The message was read.
Ordered, That it be referred to the Committee on Finance.
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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., March 11, 1865.
To the Senate of the Confederate States.
I have received a copy of your resolution of the 6th instant, as follows:
"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."
In response, I herewith transmit for your information a communication from the Secretary of War, covering a communication from the Hon. James A. Seddon, formerly Secretary of War, upon the same subject, in response to the resolution of the House of Representatives of November 8, 1864, as follows:
"Resolved, That the President be respectfully requested to inform this House whether any appointments have been made under the act entitled 'An act to provide and organize a general staff for armies in the field, to serve during the war,' approved June fourteenth, eighteen hundred and sixty-four, and if not, why have not such appointments been made in pursuance of said act."
The anticipation of amendatory legislation is set forth in the annexed report, together with the discretionary power vested in the Executive by the seventh section of the act referred to, has caused me, for the time being, not to make appointments under said act.
In the case of aids-de-camp, it has been the practice, because of their personal and confidential relations to their chief, to appoint upon his nomination. To this practice there seems to be no paramount objection while the rank of such officers is of the subaltern grade; but if they have high rank, for many and obvious considerations their selection can not be controlled by the personal preferences of the general whom they are to serve. But the suggested change in the mode of selection would impair the confidential relation which an aid should bear to his chief, and be an unwelcome task to the appointing power.
The nomination of aids-de-camp have for the above reasons been continued as heretofore, though the legislative amendment expected had not been made.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
Mr. Oldham, from the Committee on Commerce, to whom was referred (on this day) the nominations of Henry D. Ogden, Clement R. Johns, and John D. Morris, to be commissioners "to inquire and examine into the proceedings and transactions of the Cotton Bureau and Cotton Office in the Trans-Mississippi Department, and all transactions in cotton by or under military authority," 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.
On motion by Mr. Vest,
The Senate resolved into open legislative session.
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