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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, January 19, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 4]
THURSDAY, January 19, 1865.

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OPEN SESSION.

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

Mr. President: The House of Representatives have passed a resolution providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States; in which they request the concurrence of the Senate.

The House of Representatives have agreed to the resolution of the Senate providing for the appointment of a joint committee to investigate the condition and treatment of prisoners of war held by the Confederate and United States Governments; and have appointed as the committee on their part, Messrs. Marshall, Perkins, Gilmer, Clark, and Funsten.

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. Sparrow, from the Committee on Military Affairs, reported

A bill (S. 163) to authorize the appointment of additional officers in the Engineer Corps;
which was read and passed to a second reading.

Mr. Johnson of Missouri, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 308) to provide more effectually for carrying out certain stipulations in the treaty made with the Cherokee Nation of Indians, 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.

The Senate proceeded to consider the resolution of the House of Representatives providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States; and

The resolution having been amended by filling the blank therein with "three," it was

Resolved, That it pass with an amendment.

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

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

• H. R. 302. An act to amend an act approved August 21, 1861, entitled "An act to provide for local defense and special service," and an act approved October 13, 1862, entitled "An act to authorize the formation of volunteer companies for local defense;"
• S. 89. An act to repeal a part of the twenty sixth section of an act approved February 15, 1862, entitled "An act to alter and amend an act entitled 'An act for the sequestration of the estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States,' approved August thirtieth, eighteen hundred and sixty-one;"

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• S. 122. An act regulating the compensation of postmasters, special agents, and routs agents;
• S. 130. An act to authorize newspapers to be mailed to soldiers free of postage;
• S. 132. An act to regulate the supplies of clothing to midshipmen of the Navy;
• S. 141. An act to increase the pay of noncommissioned officers, privates, and musicians of the Marine Corps;
• S. 142. An act to increase the number of acting midshipmen in the Navy, and to prescribe the mode of appointment;
• S. 143. An act to authorize the employment of instructors for the acting midshipmen of the Navy, and to regulate their pay;
• S. 145. An act to authorize the appointment of naval constructors in the Provisional Navy, and to fix their pay; and
• S. 149. An act to amend an act entitled "An act to provide for the payment of the interest on the removal and subsistence fund due the Cherokee Indians in North Carolina," approved May 1, 1863.

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. 273) to authorize the consolidation of companies, battalions, and regiments.

On motion by Mr. Vest, to amend the bill by striking out, section 2, lines 13, 14, 15, 16, and 17, the words
The general commanding is hereby authorized, in his discretion, to appoint a board, composed of three general officers, and to require from said board a report upon the qualifications and fitness of the officers whom he proposes to recommend,

It was determined in the affirmative.

On motion by Mr. Vest, to amend the bill by inserting after "shall," section 2, line 5, "upon the recommendation of the brigadier-general or other officer commanding each brigade,"

It was determined in the affirmative.

On motion by Mr. Johnson of Missouri, to amend the bill by striking out of the fourth section the following proviso:
And provided further, That the general commanding is authorized, in his discretion, to appoint a board, to be composed of three general officers, and require from said hoard a report upon the qualifications and fitness of any officer after his exchange,

It was determined in the affirmative.

On motion by Mr. Baker, to amend the bill by inserting after "act," section 5, line 4, "or in case of prisoners of war, within sixty days after being exchanged,"

It was determined in the affirmative.

On motion by Mr. Walker, to amend the bill by inserting the following independent section:

• Sec. 9. That hereafter all promotions in companies, battalions, and regiments shall be by selection in the manner pointed out by the second section of this act,

It was determined in the affirmative.

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

That whenever any companies which are now in the service shall be so reduced as to number less than thirty-two men, rank and file, present and fit for duty, and when it shall be proved, to the satisfaction of the Secretary of War or of the general

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commanding the department of the Army in which said companies may be serving, that they can not be recruited to that number within a reasonable time, the general commanding said department or army shall, under general regulations to be issued by the Secretary of War, disband such companies.

• Sec. 2. That new companies may be organized from the noncommissioned officers and privates of the companies thus disbanded, if they are from the same State, having the number, rank and file, now fixed by law; and the commissioned officers of said companies thus organized shall be one captain and one first and one second lieutenant, and the noncommissioned officers four sergeants and four corporals.
• Sec. 3. That companies, if they are from the same State, may be organized into battalions and regiments; and officers for said companies, battalions, and regiments shall be immediately designated and placed on duty therein by the general commanding the department or the army in which the disbanded companies may have been serving, and officers thus designated shall continue to serve until officers shall be appointed by the President, by and with the advice and consent of the Senate; and all selections of officers made by the general, to command said new organizations, or appointments by the President therefor as herein provided, shall be from the commissioned officers of the companies, battalions, or regiments from which the new organizations were formed, or from such noncommissioned officers or privates thereof as may have been distinguished for meritorious and soldierly conduct, or for valor or skill; and the certificate of the colonel commanding the battalion or regiment in which said noncommissioned officers or privates may have served, that he has been so distinguished, if approved by the brigade and division commanders, shall be sufficient proof thereof.
• Sec. 4. That the officers of companies, battalions, and regiments which may be disbanded as herein provided, and who may not be selected and appointed as required by this act, shall be dropped from the rolls as supernumerary officers; but such officers may, within a reasonable time, to be fixed by general orders to be issued by the Secretary of War, as to troops in the States east of the Mississippi River, and by the general commanding the department west of the Mississippi River as to troops therein, organize themselves into companies, battalions, and regiments, the officers to which shall be appointed by the President, with the advice and consent of the Senate, or said officers may volunteer into any company belonging to the department in which they last served, of any arm of the service; and all officers who may, within three months after the date of the order disbanding the company, battalion, or regiment to which he may have belonged, volunteer and enlist in such new organizations or in other companies, as authorized herein, shall receive, from the time they were dropped as supernumeraries, for twelve months, pay at the rate their grade entitles them to at the time they were so dropped.
• Sec. 5. That hereafter all promotions in companies, battalions, and regiments shall be by selection, in the manner pointed out by the third section of this act, and all officers who may have belonged to the disbanded organizations, and who may be appointed to the same grade in the new which they held in the old organizations, shall take rank from the date of their first commission or appointment; and hereafter should the new companies organized under the provisions of this act become reduced in number so as to have less than thirty-two men, rank and file, present and fit for duty, and a vacancy should occur in the office of second lieutenant, the same shall not be filled; and should it be reduced below the number of sixteen, then a vacancy in the office of first lieutenant shall not be filled.
• Sec. 6. That the offices of adjutants and ensigns of battalions and regiments are hereby abolished, and hereafter the officer commanding a battalion or regiment may assign any subaltern of the line, belonging to his command, to serve as adjutant, and said subaltern while so serving, shall receive, in addition to his pay and allowances, thirty dollars per month; and the officer commanding shall also assign, to act as color bearer, a noncommissioned officer or private from his command, who may be distinguished for meritorious or soldierly conduct, or for valor or skill, and said noncommissioned officer or private, whilst so acting, shall receive the pay of a first lieutenant.
• Sec. 7. That the names of battalions and regiments organized under the provisions of this act shall be the names of the old battalions and regiments from which the new were formed, and the colors of the oldest battalion or regiment forming the new, shall be the colors of the new organization, and the colors of the other battalions and regiments shall be transmitted, by the Secretary of War, to the governors of the respective States, with a statement of the battles in which the battalion or regiment to which they belong may have borne a part.
• Sec. 8. That all staff, line, and other officers who may not have any command, or who may not at any time be on duty for a period exceeding thirty days, unless they

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  belong to the invalid corps, or are prisoners of war, or are sick or wounded, or absent by leave of the Secretary of War or the general commanding the department or army to which they belong, shall be dropped from the rolls and held to service as now provided by law.

• Sec. 9. That prisoners of war may, within sixty days after their exchange, avail themselves of the provisions of the ... section of this act, and hereafter when commissioned officers of companies, battalions, or regiments may be captured by the enemy, the general commanding the department or army to which they belong may designate, or the President may appoint, other officers to fill their places as provided in this act, to serve with temporary rank and command, to be held only until the return of said officers so captured,

On motion by Mr. Sparrow, to amend the amendment by striking out "disband," section 1, line 10, and insert "consolidate,"

It was determined in the affirmative.

On motion by Mr. Wigfall, to amend the amendment by striking out "shall," section 1, line 10, and inserting "may,"

It was determined in the negative.

On motion by Mr. Sparrow, to amend the amendment by striking out "disbanded," section 3, line 5, and inserting after "companies," in the same line, the words "before consolidation,"

It was determined in the affirmative.

On motion by Mr. Graham, to amend the amendment by striking out "three months," section 4, line 14, and inserting "thirty days,"

It was determined in the affirmative.

The reported amendment having been further amended,

After debate,

On motion by Mr. Sparrow,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Garland,

The Senate adjourned.

EXECUTIVE SESSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 6th ultimo) the nomination of A. W. Stark, to be lieutenant-colonel of artillery, 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 do advise and consent to his appointment, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 21st ultimo) the nomination of Samuel L. Welch, to be surgeon, 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 do advise and consent to his appointment, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 29th ultimo) the nominations of M. R. Hall, W. H. Weems, W. R. Moore, J. B. Bibb, and R. N. Lewis, to be colonels; O. A. Bradshaw and G. W. Arnold, to be lieutenant-colonels; Jos. Bostick, M. D. Jones, J. N. Shedd, and J. Wilcox Brown, to be majors; R. H. Glenn and J. McHenry, jr., to be captains; J. M. Payne

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and W. M. Fontaine, to be first lieutenants; N. M. Osborne, J. T. Allyn, J. Howard Smith, J. J. Hay, J. M. Armistead, P. B. Dallas, Percy Bell, J. W. Carrington, Jos. Packard, jr., J. B. Prince, T. B. Bailey, N. H. Hazlewood, Thomas C. Pinckard, W. T. Weaver, J. G. Garrett, and C. H. Withrow, to be second lieutenants of artillery, for ordnance duty; Eli Duvall, to be first lieutenant and signal officer, reported, with the 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. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 3d instant) the nominations of M. S. Langhorne and James Aiken, to be colonels; E. H. Armistead and J. S. Cone, to be lieutenant-colonels; T. A. Martin, T. McC. Prince, and W. H. Burr, to be majors, reported, with the 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. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 9th instant) the nomination of Warren M. Hopkins, to be colonel of cavalry, 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 do advise and consent to his appointment, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 16th instant) the nominations of E. W. Mumford, to be member of military court, with rank of colonel of cavalry; Nathan Gregg, Waters B. Jones, W. B. Wooldridge, W. C. Clifton, A. M. Nelson, R. O. Reynolds, D. G. Cowand, J. R. Winston, and J. T. Morehead, to be colonels; James A. Rhea, William H. Hulsey, W. H. H. Cowles, and R. L. Maury, to be lieutenant-colonels; T. C. Beckham, G. M. Norment, L. P. Thomas, Baker P. Lee, J. H. Johnson, M. D. L. McLeod, W. W. Bentley, F. C. Smith, F. H. De Graffenried, and T. B. Graham, to be majors; E. W. Watson, Joseph Clegg, and R. L. McCaughrin, to be adjutants, with rank of first lieutenant; Thomas E. Williams, Benjamin W. Sparks, L. Jackson, Alf. S. Patrick, Benjamin A. Cheek, James T. Cropp, William J. Barry, J. C. Maxwell, T. S. Latimer, R. C. Carlisle, John D. Patton, D. J. Roberts, G. T. Pursley, W. H. Richardson, John P. Wall, William M. Wilson, John L. Vertrees, W. H. Bramblitt, John O. Scott, Jos. J. Murray, D. A. Linthicum, G. W. Carrington, and I. D. Thomson, to be surgeons, reported, with the 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. Baker, from the Committee on Post-Offices and Post-Roads, to whom were referred (respectively on the 9th and 16th instant) the

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nominations of William W. Jones, Charles Aunspaugh, John M. Springs, W. H. Mann, and A. Sutherland, to be postmasters, reported, with the recommendation that 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 all of said appointments, agreeably to the nomination of the President.

On motion by Mr. Garland,

The Senate resolved into open legislative session.

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