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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, January 23, 1865.
OPEN SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House Representatives have passed a joint resolution (H. R. 21) of thanks to Brig. Gen. John S. Williams and the officers and men under his command for their victory over the enemy at Saltville, Va., on the 2d day of October, 1864; in which they request the concurrence of the Senate.
And they have passed Senate bills of the, following titles:
The House of Representatives have agreed to the amendment of the Senate to the amendment of the House to the bill (S. 111) to authorize the President to appoint commissioners for the exchange of prisoners.
And they have agreed to the amendment of the Senate to the resolution providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States; and have appointed, as the committee on their part, Messrs. Miles, Rives, Sexton, Anderson, and Moore.
The President laid before the Senate a communication from the Secretary of the Treasury, asking an appropriation for the payment of expenses incurred in carrying election returns of the Army of Tennessee to the State of Arkansas; which was read.
Ordered, That it be referred to the Committee on Finance.
Mr. Garland submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency and propriety of creating a new executive department of the Government
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of the Confederate States, to be styled the Home Department; to which shall be intrusted the development, management, and control of the internal resources of the Confederate States.
On motion by Mr. Watson,
Ordered, That the committee on the part of the Senate, under the resolution 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, be appointed by the President; and
Mr. Watson, Mr. Simms, and Mr. Caperton were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Haynes submitted the following resolution; which was considered and agreed to:
Resolved, That the President of the Confederate States be respectfully requested to cause to be furnished, for the information of the Senate, in secret session, statements showing, as far as practicable--
On motion by Mr. Haynes,
Ordered, That the Committee on the Judiciary be discharged from the further consideration of a resolution inquiring into the expediency of authorizing the pay due to prisoners in the hands of the enemy to be drawn by parties properly empowered to draw the same.
The joint resolution (H. R. 21) this day received from the House of Representatives for concurrence was read the first and second times and referred to the Committee on Military Affairs.
The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (H. R. 20) construing the act of January 30, 1864, increasing the compensation of certain officers and employees of the Government; and no amendment being proposed, it was reported to the Senate.
On the question,
Shall the resolution be read a third time?
It was determined in the negative.
So the resolution was rejected.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the amendments of the House of Representatives to the bill (S. 100) to amend the act to provide an invalid corps, approved February 17, 1864, reported them without amendment.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 100) last mentioned; and
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Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States, on the 16th instant, approved and signed an act (S. 93) to amend an act entitled "An act to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice," approved August 5, 1861.
On the 19th instant he approved and signed the following acts:
And on the 20th instant he approved and signed the following acts:
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Vest submitted the following motion for consideration:
Ordered, That the vote by which the Senate refused to pass to a third reading the joint resolution (H. R. 20) construing the act of January 30, 1864, increasing the compensation of certain officers and employees of the Government be reconsidered.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled bills and a joint resolution of the following titles:
The President having signed the enrolled bills and enrolled joint resolution last reported to have been examined, they were delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 273) to authorize the consideration of companies, battalions, and regiments.
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On motion by Mr. Baker, the vote on agreeing to the amendment reported from the Committee on Military Affairs, as amended, was reconsidered.
The Senate resumed the consideration of the said reported amendment; and
On motion by Mr. Sparrow, to amend the amendment by inserting after "served," section 4, line 13, the words "or to the State from which the company or regiment to which the said officers belonged may have come,"
It was determined in the affirmative.
A motion having been made by Mr. Sparrow, to reconsider the vote on agreeing to the following amendment proposed to the reported amendment by Mr. Graham, to wit: Strike out, section 5, lines 1, 2, and 3, the words "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,"
On the question to agree thereto,
The yeas were 7 and the nays were 7.
The Senate being equally divided,
The Vice-President, determined the question in the negative.
So the Senate refused to reconsider the said amendment.
On motion by Mr. Sparrow, to amend the reported amendment by inserting at the end of the eighth section the following proviso:
Provided, That the President be, and he is hereby, authorized to assign any officers thrown out of command by the operation of this act to vacancies in the staff, with the rank held by them in the field,
It was determined in the affirmative.
On motion by Mr. Watson, to reconsider the vote on agreeing to the following amendment proposed to the reported amendment by Mr. Vest, to wit: Strike out the word "and," section 3, line 6, and insert:
Provided, That the officers so designated for battalions and regiments shall first be recommended by the officer commanding the, brigade to which such consolidated battalions or regiments may belong; and the officers for companies shall be recommended by the colonel or other officer commanding the battalion or regiment to which the companies consolidated may belong; and in the event that battalions or regiments belonging to different brigades, or companies belonging to different battalions or regiments, shall be consolidated, then the commanding officers of both the brigades, regiments, or battalions may recommend the officers to be designated, and the general commanding shall select from the officers so recommended,
It was determined in the affirmative.
The Senate resumed the consideration of the said amendment; and
On the question to agree thereto,
It was determined in the negative.
On motion by Mr. Maxwell, to amend the reported amendment by inserting the following independent section:
It was determined in the affirmative.
The reported amendment as amended was then agreed to.
No further amendment being proposed, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
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The said bill as amended was read the third time.
On the question,
Shall the bill now pass?
On motion by Mr. Vest,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Brown, Burnett, Caperton, Dortch, Graham, Henry, Hunter, Maxwell, Semmes, Simms, Sparrow, and Watson.
Those who voted in the negative are,
Messrs. Haynes, Vest, and Wigfall.
So it was
Resolved, That this bill pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
On motion by Mr. Semmes,
Ordered, That the committee on the part of the Senate, under the resolution providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States, be appointed by the President; and
Mr. Graham, Mr. Walker, and Mr. Semmes were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Burnett,
The Senate resolved into secret legislative session.
The doors having been opened,
On motion by Mr. Sparrow,
The Senate adjourned.
SECRET SESSION.
On motion by Mr. Burnett,
Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the bill (S. 157) to provide for the appointment of a general in chief of the armies of the Confederate States, and on the resolution in relation to the assignment of Gen. J. E. Johnston to the command of the Army of Tennessee.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., January 20, 1865.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of the Treasury, covering an estimate for an additional appropriation required for the public service.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
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EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
1.]Richmond, January 20, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Attorney-General, I hereby nominate B. F. Perry, to be judge of the district court of the Confederate States for the district of South Carolina, in place of A. G. Magrath, resigned.
JEFFERSON DAVIS.
Department of Justice, Richmond, January 16, 1865.
To the President.
Sir: I have the honor to recommend the nomination to the Senate of B. F. Perry, to be district judge of the Confederate States for the district of South Carolina, in place of A. G. Magrath, resigned.
GEO. DAVIS,
Attorney-General.
The message was read.
Ordered, That it be referred to the Committee on the Judiciary.
The following messages were received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
2.]Executive Department, Confederate States of America,
Richmond, January 18, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Brig. Gen. G. W. C. Lee, of Virginia, to be a major-general in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 163.]War Department, Confederate States of America,
Richmond, January 18, 1865.
Sir: I have the honor to recommend the nomination of Brig. Gen. G. W. C. Lee, of Virginia, to be a major-general in the Provisional Army of the Confederate States of America, report to Gen. R. E. Lee, for assignment to duty, to rank from October 20, 1864.
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
3.]Executive Department, Confederate States of America,
Richmond, January 18, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 162.]War Department, Confederate States of America,
Richmond, January 18, 1865.
Sir: I have the honor to recommend the following nominations for appointment 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.
4.]Executive Department, Confederate States of America,
Richmond, January 19, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate John N. Logan, of South Carolina, to be an assistant commissary, with rank of captain in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 161.]War Department, Confederate States of America,
Richmond, January 18, 1865.
Sir: I have the honor to recommend the nomination of John N. Logan, of South Carolina, to be an assistant commissary, with rank of captain in the Provisional Army of the Confederate States of America, for duty with Hampton Legion (cavalry), to rank from January 13, 1865.
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
5.]Executive Department, Confederate States of America,
Richmond, January 16, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate N. Owings, of Maryland, to be an assistant quartermaster, with the rank of captain in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 154.]War Department, Confederate States of America,
Richmond, January 13, 1865.
Sir: I have the honor to recommend the nomination of N. Owings, of Maryland, to be an assistant quartermaster, with rank of captain in the Provisional Army of the Confederate States of America, for duty with Second Maryland Battalion Cavalry (an original vacancy), to date from January 6, 1865.
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
6.]Executive Department, Confederate States of America,
Richmond, January 21, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate M. G. Lumpkin, of Georgia, to be major in the Subsistence Department, Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 164.]War Department, Confederate States of America,
Richmond, January 21, 1865.
Sir: I have the honor to recommend the nomination of M. G. Lumpkin, of Georgia, to be major in the Subsistence Department, Provisional Army of the Confederate
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States of America, for duty with Young's cavalry brigade, Army of Northern Virginia (an original vacancy), to rank from January 14, 1865.
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. Sparrow,
The Senate resolved into open legislative session.
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