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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 --SATURDAY, May 21, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4]
SATURDAY, May 21, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed a bill (H. R. 98) to amend an act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds," approved February 17, 1864; in which they request the concurrence of the Senate.

The bill (H. R. 98) last mentioned was read the first and second times and referred to the Committee on Finance.

On motion by Mr. Sparrow,

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

Mr. Graham, Mr. Barnwell, and Mr. Watson were appointed.

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

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

Resolved, That the Committee on Military Affairs be instructed to inquire into the propriety of providing by law for retiring from the line such field and company officers as have or may hereafter become unfit for active service by reason of disease or wounds, so as to open the way for promotion to those below them who remain in the field in the actual discharge of their duties; and that they further inquire whether an officer who is absent from his command in time of battle, unless from absolute

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disability, or under orders from his superior, or is a prisoner, ought not to be dropped; and, further, if it is not expedient and proper to assume that an officer who is absent for three months or more, unless he is a prisoner, is prima facie unfit for duty, or is delinquent in the discharge of his duty, and ought therefore to be either retired or dropped; and generally what ought to be done to get officers of superior rank, who do not perform duty in the field, out of the way of officers of inferior grade who do perform such duty.

Mr. Graham (by leave) introduced

A bill (S. 37) 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 for other purposes;
which was read the first and second times and referred to the Committee on Commerce.

The President pro tempore laid before the Senate a communication from the Secretary of the Treasury in relation to the claim of Zedekiah McDaniel and Francis M. Ewing for sinking the enemy's gunboat Cairo in the Yazoo River; which was referred to the Committee on Naval Affairs.

Mr. Sparrow, from the Committee on Military Affairs, reported

A bill (S. 38) for the payment of commissioners appointed under the act entitled "An act to suspend the privilege of the writ of habeas corpus in certain cases," and to confer certain powers upon said commissioners;
which was read the first and second times and referred to the Committee on the Judiciary.

Mr. Sparrow, from the Committee on Military Affairs, reported the following bills:

• S. 39. A bill to amend the several acts in regard to chaplains;
• S. 40. A bill to amend the act to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermaster's Department, approved 17th February, 1864; and
• S. 41. A bill to provide for the appointment of a disbursing clerk in the War Department;

Ordered, That they be engrossed and read a third time.

The said bills were severally read the third time.

Resolved, That they pass, and that their titles, respectively, be as aforesaid.

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

On motion by Mr. Burnett,

Ordered, That the memorial of Wellington Goddin be referred to the Committee on Claims.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 14) to amend an act entitled "An act to provide an invalid corps," approved 17th February, 1864; 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.

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The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 36) to provide for the impressment of the railroad iron, equipments, and rolling stock of railroads when the same shall become necessary for the public defense, and to make further provisions for the efficient transportation of troops and military supplies; and

On motion by Mr. Hill,

Ordered, That it be referred to the Joint Committee on Impressments.

Mr. Oldham, from the Committee on Commerce, to whom was referred the bill (S. 30) to amend an act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense, approved February 6, 1864, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and

On motion by Mr. Walker,

Ordered, That it be recommitted to the Committee on Commerce.

Mr. Jemison (by leave) introduced

A bill (S. 42) to legalize the organization of eight companies of cadets in the State of Alabama;
which was read the first and second times and referred to the Committee on Military Affairs.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 20) to establish a bureau of foreign supplies.

On the question to agree to the following reported amendment, viz: Strike out all after the enacting clause and insert:

That for the purpose of exporting cotton and other produce to supply, by no imports, the military and other necessities of the Government during the continuance of the war with the United States, an independent bureau of the War Department be established, to be entitled "The Bureau of Foreign Supplies."

• Sec. 2. That the said bureau shall be charged with the purchase of cotton and other produce for export, and with the sale of the same, and with all the duties and expenditures connected with the purchase and import of munitions of war and such other supplies as may be required by the several Departments of the Government.
• Sec. 3. That all steamers now owned by any of the Departments of the Government, and used to supply their necessities from abroad, may be continued in that use, but shall be turned over to the Navy Department, to be officered, manned, equipped, and sailed, under direction of the Secretary of the Navy.
• Sec. 4. That the chief of this bureau shall, under the Secretary of War, have full power to purchase and contract for such vessels and steamers, to be owned wholly or in part by the Government, as may be necessary for the discharge of the duties imposed upon the bureau, and to obtain the general objects of its establishment, as set forth in the first section of this act: Provided, That in the purchase of such vessels the chief of said bureau shall be guided by an officer of the Navy, and that all vessels in which the Government has a controlling interest may be delivered to the Secretary of the Navy, to be officered, manned, equipped, and sailed under his direction.
• Sec. 5. That all permits or licenses for the exportation of cotton or other domestic produce on private account that may be authorized by the act of Congress entitled "An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense" shall be issued from this bureau, under such regulations as may be prescribed in the said act or under any authority granted therein to the President, the Secretary of War, or other Department, and under such conditions as may be effectual to secure the fulfillment of the objects of the present act: Provided, That nothing in the present act shall be construed to affect the export of any cotton or other produce under the control of the Treasury or other Department to secure any of the bonds or obligations of the Confederate States.
• Sec. 6. That the said bureau shall cause to be paid into the Treasury all moneys

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  that may accrue from the sales of cotton and other produce that may be disposed of under its authority, and that the proceeds shall be apportioned among the several Departments, under instructions of the President, and be drawn for as in other cases of appropriations.

• Sec. 7. That the said bureau shall consist of one colonel and one lieutenant-colonel, with the pay and allowances of officers of artillery, who may be appointed from civil life, and shall be men of commercial experience and capacity, and such inferior officers as may be assigned to that duty, with such agents and clerks as may be deemed necessary by the President, whose compensation shall be fixed by the Secretary of War.
• Sec. 8. That the chief of said bureau may appoint suitable purchasing agents of known integrity and business capacity, who shall be charged with the purchase of cotton and other produce and the transportation of the same to points for shipment, under regulations to be prescribed by the chief of said bureau, under the approval of the President and Secretary of War. Each of said agents shall, before entering upon his duties, give bond, with good and sufficient security, to be approved by the chief of said bureau, conditioned for the faithful performance of his duty, and shall also take and subscribe an oath before some officer authorized by law to administer the same that he will not, directly or indirectly, be engaged in the purchase or sale, on private account, for himself or any other person, of any cotton or other produce appertaining to his said agency while so employed as agent of the Government.
• Sec. 9. That any officer or agent connected with said bureau who shall be guilty of buying or selling, directly or indirectly, on private account, for himself or any other person, any cotton or other produce of which said bureau is charged with the purchase, shall, upon conviction before any court of the Confederate States having jurisdiction, be fined by the court in a sum not exceeding ... dollars, and be imprisoned for a term not less than ... nor more than ... years.
• Sec. 10. That there shall be established an agency of said bureau, and auxiliary thereto, for the States west of the Mississippi River, the officers of which shall consist of one lieutenant-colonel of artillery, who may be appointed from civil life, and shall be a man of commercial experience and capacity, and such inferior officers as may be assigned to that duty, with such agents as may be deemed necessary by the President, whose compensation shall be fixed by the Secretary of War. Said agency shall establish its office at such place in the States west of the Mississippi River as may be selected by the chief officer thereof, and shall be charged with the purchase and exportation of cotton and other produce, and the importation of munitions of war and other supplies for the Army of the Trans-Mississippi Department, and such other supplies as may be needed by the Government, or any of its Departments in said military department.
• Sec. 11. Such agency, and the chief officer thereof, shall possess like power and duties for the States west of the Mississippi River as are conferred by this act upon said bureau and the chief officer thereof, but subordinate and subject to said bureau.
• Sec. 12. That the purchasing agents west of the Mississippi River shall take the oath and give bond as provided in the eighth section of this act; and the officers and agents shall be subject to the penalties prescribed by the ninth section, if found guilty of the offense therein specified.
• Sec. 13. That the said agency shall have power to establish such interior depots for the receipt of cotton and other produce intended for exportation into or through Mexico, as may be deemed necessary and proper, and may also prescribe rules and regulations for granting permits to individuals to transport cotton or other produce to said depots, as well as seaports, and may impose such terms and conditions beneficial to the Government, as a consideration for such permits, as may be deemed just and proper.
• Sec. 14. That the business of the cotton bureau established under a special order of Lieutenant-General E. Kirby Smith, commanding the Trans-Mississippi Department, be, and the same is hereby, transferred to the said agency of the said bureau west of the Mississippi River, and the operations and transactions of said bureau, established as aforesaid, not inconsistent with the provisions of this act, are hereby ratified and confirmed.

On motion by Mr. Mitchel, to amend the reported amendment by inserting after "life," section 7, line 3, the words "by the President, by and with the advice and consent of the Senate,"

It was determined in the affirmative.

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On motion by Mr. Oldham, to amend the reported amendment by inserting after "exceeding," section 9, line 7, the words "five thousand," and by inserting after "less than," in the eighth line of the same section, the word "one," and by inserting after "more than," in the same line, the word "five,"

It was determined in the affirmative.

On motion by Mr. Mitchel, to amend the reported amendment by inserting after "life," section 10, line 4, the words "by the President, by and with the advice and consent of the Senate,"

It was determined in the affirmative.

The reported amendment as amended was then agreed to.

No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.

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

The said bill was read the third time.

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: I am directed to communicate to the Senate information of the death of the Hon. David M. Currin, a member-elect of the House of Representatives from the State of Tennessee, and the proceedings of the House of Representatives thereon.

Mr. Henry submitted the following resolutions; which were considered and agreed to:

Resolved, That the Senate receives with sincere regret the announcement of the death of the Honorable David M. Currin, late a member-elect of the House of Representatives from the State of Tennessee, and tenders to the family of the deceased the assurance of their sympathy with them under the bereavement they have been called to sustain.

Resolved, That the Secretary of the Senate be directed to transmit to the family of Mr. Currin a certified copy of the foregoing resolution.

Resolved (as a mark of respect for the memory of the deceased), That the Senate do now adjourn.

Whereupon,

The Senate adjourned.

EXECUTIVE SESSION.

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

Executive Department, Richmond, May 21, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers in the accompanying list to the rank of brigadier-general in the Provisional Army of the Confederate States.

JEFFERSON DAVIS.

War Department, Richmond, May 21, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

Brigadier-generals.
• Col. John McCausland, of Virginia, to be brigadier-general (to continue in command of the brigade, now acting under him as colonel), to take rank from May 18, 1864.

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• Col. Thomas M. Scott, of Louisiana, to be brigadier-general, to command brigade of infantry in Loring's division, lately under command of Brig. Gen. A. Buford, to take rank from May 10, 1864.

I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

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

Mr. Oldham, from the Committee on Commerce, to whom was referred on yesterday the nomination of James R. Sneed, to be the collector for the port of Savannah, Ga., reported, with the recommendation that said nomination be confirmed.

The Senate proceeded to consider said report; and in concurrence therewith, it was

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

On motion by Mr. Baker,

Ordered, That the Committee on Public Buildings be discharged from the further consideration of the resolution submitted by Mr. Brown on yesterday, inquiring whether this Chamber is so situated in reference to the surrounding rooms, halls, and passages that persons outside can not hear what is said when the doors are closed and the Senate in secret session.

Mr. Orr, from the Committee on Foreign Affairs, to whom was referred (on the 18th instant) the nomination of P. N. Lynch, to be special commissioner of the Confederate States to the States of the Church, reported, with the recommendation that said nomination be confirmed.

The Senate proceeded to consider said report; and

After debate,

On motion by Mr. Hunter,

The Senate resolved into open legislative session.

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