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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 --TUESDAY, June 7, 1864.


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]
TUESDAY, June 7, 1864.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed the bill of the Senate (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.

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. Walker (by leave) introduced

A bill (S. 70) to amend an act entitled "An act to amend an act entitled 'An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts,'" approved February 13, 1864;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Wigfall submitted the following resolution for consideration:

Resolved, That the President of the Confederate States be respectfully requested to inform the Senate whether any officers appointed under the Provisional Government and not reappointed by and with the advice and consent of the Senate are still discharging the duties of the offices to which they were originally appointed; and that he be also respectfully requested to furnish the names of such persons.

The Senate proceeded to the consideration of the said resolution; and

On motion by Mr. Hill, that the resolution be transferred to the Calendar of Executive Business,


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On motion by Mr. Wigfall,

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

Those who voted in the affirmative are,

Messrs. Baker, Barnwell, Burnett. Henry, Hill, Hunter, Johnson of Georgia, Johnson of Arkansas, Maxwell, Mitchel, Semmes, Sparrow, and Watson.

Those who voted in the negative are,

Messrs. Brown, Graham, Haynes, Oldham, Orr, Walker, and Wigfall.

So it was

Ordered, That the resolution be transferred to the Calendar of Executive Business.

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.

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 Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 107) to amend the tax laws.

The first, second, third, fourth, fifth, sixth, and seventh amendments reported from the Committee on Finance having been agreed to,

On motion by Mr. Hill, to amend the bill by striking out the words "by refugees," section 2, line 8,

On motion by Mr. Johnson of Arkansas,

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

Those who voted in the affirmative are,

Messrs. Baker, Brown, Graham, Hill, Johnson of Arkansas, Mitchel, and Sparrow.

Those who voted in the negative are,

Messrs. Barnwell, Haynes, Hunter, Jemison, Johnson of Georgia, Johnson of Missouri, Oldham, Orr, Semmes, and Walker.

On motion by Mr. Johnson of Georgia, to amend the bill by inserting after "slaves," section 2, line 4, the words "cotton, tobacco,"

It was determined in the affirmative.

On the question to agree to the following reported amendment, viz: Strike out the words "and residence," section 2, line 9,

It was determined in the negative.

An amendment having been proposed to the bill by Mr. Sparrow,

After debate,

On motion by Mr. Johnson of Arkansas,

Ordered, That the further consideration of the bill be postponed for the present.

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

To the Senate of the Confederate States:

I regret that a sense of duty compels me to return to the Senate, without my signature, a joint resolution which originated in your honorable body, entitled "Joint resolution in regard to the exemption of editors and employees of newspapers."

The terms of this resolution extend to editors of magazines and periodicals other than newspapers, together with their employees, the same exemption from military service as is now accorded in favor of newspapers.

I see, no reason for exempting these citizens from the duty of defending their country which would not apply to all authors, publishers, booksellers, printers, and other persons connected with the publication of books, pamphlets, religious tracts, and other reading matter. At a moment when our lives, our liberty, and our independence are threatened by the utmost power of our enemies, when every citizen capable of bearing arms ought to be found in the ranks, I can not but deem it impolitic to add to the list of exemptions without the most urgent necessity. Seeing no such necessity, and believing the precedent set by this resolution, if passed, to be productive of evil effect, I am constrained to return it without my approval.

JEFFERSON DAVIS.

Richmond, June 6, 1864.

The message was read.

The Senate proceeded to reconsider the joint resolution (S. 7) returned by the President with his objections; which resolution is in the following words:

Joint resolution in regard to the exemption of editors and employees of newspapers.

Resolved by the Congress of the Confederate States of America, That so much of the tenth section of the act entitled "An act to organize forces to serve during the war,"


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approved seventeenth February, eighteen hundred and sixty-four, as exempts from military service one editor for each newspaper being published at the time of the passage of the act, and such employees as said editor may certify on oath to be indispensable to the publication thereof, shall be understood to include magazines and other periodicals published before, and at the time of the passage of the said act.

I certify that this resolution originated in the Senate.

JAMES H. NASH,
Secretary.

On motion by Mr. Sparrow.

Ordered, That the further consideration of the resolution be postponed to and made the special order for to-morrow at 90 minutes past 12 o'clock.

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

To the Senate of the Confederate States of America:

A bill, which originated in the Senate, entitled "An act to authorize the appointment of additional officers of artillery for ordnance duties," has been presented for my signature, but it contains a provision founded on an error of fact which compels me to return it without approval, that the error may be corrected.

The bill contains the following proviso: "Provided, That acting ordnance officers having been found duly qualified for appointment according to the regulations of the War Department, and being already on duty in the field under the orders of the Secretary of War, shall have preference of appointment under this act." There are no acting ordnance officers on duty in the field, and I learn on inquiry that the persons so designated are in reality merely employees of the Ordnance Bureau for the performance of ordnance duties in the field in the absence of legislation authorizing the appointment of officers. This proviso therefore has the effect, under an error of fact apparent in its terms, of restricting the Executive, in the choice of persons to fill the offices created by the bill, to a list of employees selected by a chief of bureau, which is plainly not in accordance with the expressed intention of Congress, nor with the terms of the Constitution.

JEFFERSON DAVIS.

Richmond, June 7, 1864.

The message was read.

The Senate proceeded to reconsider the bill (S. 24) returned by the President with his objections; which bill is in the following words:

An act to authorize the appointment of additional officers of artillery for ordnance duties.

The Congress of the Confederate States of America do enact, That the President, by and with the advice and consent of the Senate, may appoint fifty officers of artillery in the Provisional Arms for the performance of ordnance duties in addition to those authorized by the act entitled "An act to authorize the appointment of officers of artillery in the Provisional Army," approved April twenty-first, eighteen hundred and sixty-two, and "An act to authorize the appointment of additional officers of artillery for ordnance duties," approved September sixteenth, eighteen hundred and sixty-two, and that the rank of said officers shall be as provided in said last-named act: Provided, That acting ordnance officers having been found duly qualified for appointment according to the regulations of the War Department, and being already on duty in the field under the orders of the Secretary of War, shall have preference of appointments under this act.

I certify that this act originated in the Senate.

JAMES H. NASH,
Secretary.


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On motion by Mr. Johnson of Arkansas,

Ordered, That the further consideration of the bill be postponed to and made the special order for this evening at 10 minutes past 8 o'clock.

Mr. Semmes, from the Committee on the Judiciary, to whom was referred the joint resolution (H. R. 12) to impose certain additional duties on the Quartermaster-General, reported it with the recommendation that it ought not to pass.

Mr. Semmes, from the Committee on the Judiciary, reported

A bill (S. 71) in relation to the salary of the President;
which was read the first and second times and ordered to be placed upon the Calendar.

Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 108)to amend the laws relating to the tax 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.

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.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened,

Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 124) making appropriations for the postal service of the Confederate States for the year 1862 and 1863, 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 Statute.

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. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 148) to raise money to increase the pay of soldiers, 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. Orr,

Ordered, That the further consideration thereof be postponed until to-morrow.

Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 138) to increase the compensation of the heads of the several Executive Departments and the Assistant Secretary of War and the Treasury, reported it with amendments.

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


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After debate,

The hour of half past 3 o'clock having arrived,

The Senate took a recess until 8 o'clock p. m.

8 O'CLOCK P. M.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 138) to increase the compensation of the heads of the several Executive Departments and the Assistant Secretary of War and the Treasury.

The amendments reported from the Committee on Finance having been agreed to,

On motion by Mr. Johnson of Arkansas, to amend the bill by inserting after "Treasury," line 4, the words "of the Assistant Attorney-General,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by inserting after "Attorney-General," line 4, the words "and the Comptroller of the Treasury," It was determined in the affirmative.

On motion by Mr. Brown, to amend the bill by inserting after "Comptroller of the Treasury," line 4, the words "and of the First, Second, and Third Auditors of the Treasury and the Commissioner of Patents,"

It was determined in the negative.

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.

Resolved, That it pass with amendments.

On motion by Mr. Semmes, the title was amended to read: "An act to increase the compensation of the heads of the several Executive Departments and the Assistant Secretary of War and the Treasury and of the Assistant Attorney-General and the Comptroller of the Treasury."

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

Mr. Barnwell, from the Committee on Finance, to whom was recommitted the bill (H. R. 135) to increase the compensation of the assistant clerks in the Senate and House of Representatives, reported it with the recommendation that it ought not to pass.

The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and no further amendment being made, it was reported to the Senate and the amendments were concurred in.

On the question,

Shall the amendments be engrossed and the bill read a third time?

It was determined in the negative.

So the bill was rejected.

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

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 following bills:

They have passed the bill of the Senate (S. 59) to authorize the owners of the registered eight per cent ten-year convertible bonds issued under the provisions of the act approved May 16, 1861, to exchange the same for coupon bonds, with an amendment; in which they request the concurrence of the Senate.

And they have agreed to the amendments of the Senate to the amendments of the House of Representatives to the bill (S. 43) to regulate the pay of a general assigned to duty at the seat of government under the provisions of the act approved March 25, 1862.

The President of the Confederate States has notified the House of Representatives that on the 4th instant he approved and signed the following acts and joint resolution:

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 107) to amend the tax laws.

An amendment having been proposed by Mr. Sparrow,

A debate arose; and

On motion by Mr. Simms,

The Senate adjourned.

EXECUTIVE SESSION.

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

Confederate States of America, Executive Department,
Richmond, June 6, 1864.

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 rank affixed to their names, respectively, being part of the nominations made at the last session of the Senate for confirmation, and which were postponed until after its adjournment.

JEFFERSON DAVIS.

No. 29.]War Department, Richmond, June 2, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, being for appointments for which nominations were made and postponed at the last session of the Senate:

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.

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, June 6, 1864.

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 rank affixed to their names, respectively, being part of the nominations made at the last session of the Senate for confirmation, and which were postponed until after its adjournment.

JEFFERSON DAVIS.

No. 39.]War Department, Confederate States of America,
Richmond, June 4, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, being appointments for which nominations were made at the last session of the Senate and by it postponed.


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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.

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

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Navy, I hereby nominate the person named upon the annexed list to the office designated.

JEFFERSON DAVIS.

Richmond, Va., June 6, 1864.

Navy Department, Confederate States of America,
Richmond, June 2, 1864.

The President.

Sir: I have the honor to recommend the following nomination for appointment in the Marine Corps:

I am, respectfully, your obedient servant,

S. R. MALLORY,
Secretary of the Navy.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Navy, I hereby nominate the person named upon the annexed list to the office designated.

JEFFERSON DAVIS.

Richmond, Va., June 6, 1864.

Navy Department, Confederate States of America,Richmond, June 4, 1864.

The President.

Sir: I have the honor to recommend the following nomination for appointment in the Provisional Navy:

I am, respectfully, your obedient servant,

S. R. MALLORY,
Secretary of the Navy.

The messages were read.

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

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, June 4, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Cadet E. O. Sykes, of Mississippi, for appointment as second lieutenant of infantry in the Army of the Confederate States of America.

JEFFERSON DAVIS.


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War Department, Confederate States of America,Richmond, June 3, 1864.

Sir: I have the honor to recommend the nomination of Cadet E. O. Sykes, of Mississippi, to be second lieutenant of infantry in the Army of the Confederate States of America, to rank from March 9, 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.

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, June 6, 1864.

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 rank affixed to their names, respectively.

JEFFERSON DAVIS.

No. 43.]War Department, Confederate States of America,
Richmond, June 4, 1864.

Sir: I have the honor to recommend the following nominations for temporary appointment (under act approved May 31, 1864) in the Provisional Army of the Confederate States of America:

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

The Senate proceeded to consider the nominations of D. A. Weisiger and J. C. C. Sanders, for temporary appointment (under act approved May 31, 1864) as brigadier-generals; and

Resolved, That the Senate advise and consent to the temporary appointment of D. A. Weisiger and J. C. C. Sanders, to be brigadier-generals, 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:

Confederate States of America, Executive Department,
Richmond, June 4, 1864.

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 rank affixed to their names, respectively.

JEFFERSON DAVIS.

No. 30.]Confederate States of America, War Department,
Richmond, June 3, 1864.

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


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I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

Confederate States of America, Executive Department,
Richmond, June 4, 1864.

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 rank affixed to their names, respectively.

JEFFERSON DAVIS.

No. 35.]Confederate States of America, War Department,
Richmond, June 3, 1864.

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,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

Confederate States of America, Executive Department,
Richmond, June 4, 1864.

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 rank affixed to their names, respectively.

JEFFERSON DAVIS.

No. 32.]Confederate States of America, War Department,
Richmond, June 3, 1864.

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,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

Confederate States of America, Executive Department,
Richmond, June 6, 1864.

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 rank affixed to their names, respectively, being part of the nominations made at the last session of the Senate for reconfirmation, and which were postponed until after its adjournment.

JEFFERSON DAVIS.

No. 42.]War Department, Confederate States of America,
Richmond, June 4, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, being for appointments fur which nominations were made and postponed at the last session of the Senate:

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

Confederate States of America, Executive Department,
Richmond, June 6, 1864.

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 rank affixed to their names, respectively, being part of the nominations made at the last session of the Senate for confirmation, and which were postponed until after its adjournment.

JEFFERSON DAVIS.

No. 41.]Confederate States of America, War Department,
Richmond, June 4, 1864.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America, being for appointments for which nominations were made and postponed at the last session of the Senate:

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

Confederate States of America, Executive Department,
Richmond, June 6, 1864.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate A. J. Toutant, of Texas, to be aid-de-camp to General Beauregard, with the rank of first lieutenant in the Provisional Army of the Confederate States of America, vice Lieutenant Beauregard, resigned.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, June 4, 1864.

Sir: I have the honor to recommend the nomination of A. J. Toutant, of Texas, to be aid-de-camp to General Beauregard, with rank of first lieutenant in the Provisional Army of the Confederate States of America, vice Lieutenant Beauregard, resigned, to date from June 3, 1864.

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The messages were 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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