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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 --SIXTY-NINTH DAY--MONDAY, January 30, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
SIXTY-NINTH DAY--MONDAY, January 30, 1865.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Hoge.

The Chair announced the appointment, of the managers on the part of the House at the conference tendered by the Senate on the disagreeing votes of the two Houses on the bill "to authorize the establishment of an office of deposit in connection with the Treasury" as follows, viz:

Mr. Lyon of Alabama, Mr. Wickham of Virginia, Mr. Barksdale of Mississippi.

The Chair laid before the House a Senate bill (S. 170) "to increase the number of acting midshipmen in the Navy, and to prescribe the mode of appointment;" which was read a first and second time and referred to the Committee on Naval Affairs.

Also, a bill of the House (H. R. 304) "to increase the efficiency of the cavalry of the Confederate States," which had been returned from the Senate with amendments.

On motion, the bill and amendments were referred to the Committee on Military Affairs.

The Chair laid before the House the proceedings of a meeting of the Fifty-seventh Virginia Regiment; which were laid upon the table and ordered to be printed.

Also, the proceedings of a meeting of the Ninth Virginia Regiment; which were laid upon the table and ordered to be printed.

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Mr. Blandford presented a memorial from the mechanics and artisans of the city of Columbus, Ga., asking to be relieved from military service; which was referred to the Committee on Military Affairs.

Mr. Holder moved to suspend the rules, to enable the Committee on Ways and Means to report back a memorial.

The motion was lost.

Mr. Smith of North Carolina offered the following resolution; which was adopted:

Resolved, That the President be respectfully requested to communicate to this House:

• 1. The number of soldiers from each State added to the military service by enrollment, voluntary or otherwise, since the enactment of the act of April [sixteenth], eighteen hundred and sixty-two, commonly known as the conscript act.
• 2. The number of those within the conscript age exempt or detailed, discriminating as to the classes of each in each State.
• 3. The number of those within the age of eighteen and forty-five, and disabled or unfit for active service in the field, who are employed in the respective States in executing the law of conscription, or in connection with post commissaries and post quartermasters, or otherwise in derogation of existing laws.

Mr. Bridgers presented the memorial of the Roanoke Literary Society, at Weldon, N. C., asking compensation for property injured and destroyed by the military authorities; which was referred to the Committee on Claims.

Mr. Farrow offered the following resolution; which was adopted:

Resolved, That it be referred to the Committee on Claims to consider and report upon the expediency of establishing a court of claims, as provided for in the Constitution, and that they have leave to report by bill or otherwise.

Mr. Herbert introduced

A bill "for furnishing bagging and rope for the packing of tithe cotton:"
which was read a first and second time.

Mr. Herbert moved that the rule be suspended requiring the bill to be referred to a committee.

The House refused to suspend the rule, and the bill was referred to the Committee on the Quartermaster's and Commissary Departments.

Mr. De Jarnette presented a series of resolutions adopted at a meeting of the Fourteenth Regiment Virginia Infantry; which were laid upon the table and ordered to be printed.

Mr. De Jarnette introduced

A joint resolution "constituting a basis for negotiations for peace;" which was read a first and second time and referred to the Committee on Foreign Affairs.

The following messages were received from the Senate, by Mr. Nash, their Secretary:

Mr. Speaker: The President of the Confederate States having returned to the Senate the bill (S. 130) entitled "An act to authorize newspapers to be mailed to soldiers free of postage," with his objections to the same, the Senate proceeded to reconsider the bill; and

Resolved, That the bill do pass, two-thirds of the Senate agreeing thereto.

I am directed by the Senate to communicate the said bill, the message of the President returning the same to the Senate with his objections, and the proceedings of the Senate thereon to the House of Representatives.

The Senate have passed a bill (S, 172) to extend an act entitled "An act to graduate the pay of general officers," approved June 10, 1864; in which I am directed to ask the concurrence of this House.

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In Senate, January 28, 1865.

The Senate resumed the consideration of the bill (S. 130) to authorize newspapers to be mailed to soldiers free of postage, returned by the President with his objections; and

On the question,

Shall this bill pass, the objections of the President to the contrary notwithstanding?

It was determined in the affirmative,
• Yeas ... 13
• Nays ... 4

The vote having been taken by yeas and nays, as required by the Constitution,

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Garland, Graham, Haynes, Henry, Maxwell, Oldham, Semmes, Simms, Walker, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Burnett, Dortch, and Sparrow.

So it was

Resolved, That this bill pass, two-thirds of the Senators present voting therefor.

On motion by Mr. Baker,

Ordered, That the Secretary communicate the said bill, the message of the President returning the same to the Senate with his objections, and the proceedings of the Senate thereon, to the House of Representatives.

Attest:

JAMES H. NASH, Secretary.

Mr. Speaker: The Senate have, in the temporary absence of both the President and President pro tempore of the Senate, appointed the Hon. William A. Graham, one of the Senators from the State of North Carolina, President pro tempore of the Senate ad interim.

Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled

• S. 153. An act appropriating, for the use of the Post-Office Department, certain moneys deposited by postmasters with the depositaries of the Government created under the act approved February 17, 1864.

Mr. Montague presented a memorial from William M. Ambler, asking relief from loss sustained by the illegal seizure of his property by military authorities; which was referred to the Special Committee on Impressments.

Mr. Machen offered the following resolution; which was adopted:

Whereas it is reported, upon seemingly reliable authority, that the Federal authorities at Nashville, in the State of Tennessee, as well as at other points, are practicing the most barbarous treatment upon our prisoners of war, and especially upon the sick and wounded who have recently fallen into their hands, by curtailing their diet to hard-tack and water, which can only be construed into a determination to murder them by starvation under the pretext of retaliation, and by other acts of inhumanity revolting to civilization; Therefore,

Resolved, That the Special Committee on Exchange of Prisoners be instructed to inquire into said complaint and, if ascertained to be well founded, to report, by bill or otherwise, if practicable, some measures of relief to our suffering soldiers from the inhumanity practiced upon them, and if this is not practicable, such retaliatory measures as will deter our enemies from such barbarism in the future.

Under a suspension of the rules, Mr. Miles, from the Committee on Military Affairs, to whom had been referred a bill of the House (H. R. 273) "to authorize the consolidation of companies, battalions, and regiments," with a Senate amendment, reported back the same with the recommendation that the House do not concur in the amendment of the Senate.

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The amendment is as follows, viz:

Strike out all after the enacting clause, which reads as follows, viz:

"That whenever any companies, battalions, or regiments in service shall have been so far reduced in numbers as to make it necessary, in the opinion of the general commanding the department or the separate army in the field in which such companies, battalions, or regiments are serving, to consolidate them, the said general shall consolidate and designate them, under such rules and regulations as the President may prescribe. But troops from different States shall not, without their consent, be consolidated into the same company, battalion, or regiment; nor shall troops be transferred to a different arm of the service from that to which they originally belonged. And any noncommissioned officer or soldier belonging to another State than that from which the troops to be consolidated came may, at the time of such consolidation, at his own option, be transferred to such company from his own State as he may indicate; and it shall be the duty of the general consolidating the troops to make the transfer immediately.

• "Sec. 2. Whenever the consolidation of companies, battalions, and regiments shall have been determined upon in accordance with the provisions of the first section of this act, the general commanding the department or separate army in which such reduced organizations are serving shall recommend from the officers and men of the several organizations which it is proposed to consolidate (including prisoners of war) the officers for the command of the new organizations resulting from the consolidation of the old; which officers shall forthwith assume the respective commands to which they may be assigned by the general commanding the department or separate army, subject to the subsequent appointment of the President, by and with the advice and consent of the Senate. 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.
• "Sec. 3. Officers of the organizations consolidated not selected as officers of the new organizations shall forthwith be notified of the fact, and from that time shall be dropped from the rolls. Such officers may, within sixty days after the consolidation of their commands, organize themselves in numbers sufficient to form companies, battalions, or regiments, and shall be officered from among themselves, by appointment of the President, by and with the advice and consent of the Senate; and the generals commanding the armies to which the consolidated organizations belong shall afford reasonable facilities for forming such organizations. The officers so dropped shall have the privilege of selecting the company and arm of the service in which they may desire to serve, whether such company belongs to the army with which he is now connected or some other army of the Confederate States, and shall be entitled to transportation to such company; and failing to make such selection, such officers, if liable to military duty, shall be conscribed and placed in the service where they may be found; but no officer in the hands of the enemy shall be dropped from the rolls by reason of anything contained in this section: Provided, That no officer shall be permitted to select a company on the opposite side of the Mississippi River from where he is now on duty, unless he resides beyond said river.
• "Sec. 4. That any officer who was a prisoner of war at the time of the consolidation of his company, battalion, or regiment may, after his exchange, be assigned by the general commanding the department or separate army in which the new organization is serving to any vacancy that may exist or occur in the new organization of which his company, battalion, or regiment forms a part; and all officers who are not so assigned within sixty days after being exchanged shall be dropped from the rolls, but shall be entitled to the privileges conferred by and subject to the provisions of the third section of this act, in relation to officers not selected for command in the new organizations: Provided, That the President or general commanding is hereby authorized to assign any officer to any duties appropriate to his grade after the expiration of the sixty days herein prescribed: 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 board a report upon the qualifications and fitness of any OffiCer after his exchange.
• "Sec. 5, All company, battalion, and regimental officers now without commands, and all staff officers, including all quartermasters and commissaries

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  and including all officers who are prisoners of war, not assigned to duty, within sixty days after the passage of this act, shall be dropped from the rolls, and shall be entitled to the privileges conferred by and subject to the provisions of the third section of this act. But nothing in this act shall be construed to apply to officers of the Invalid Corps, except where they shall be pronounced by the proper medical hoard fit for field service, in which case they shall be entitled to the privileges conferred by and subject to the provisions of the third section of this act.

• "Sec. 6. When the whole number of officers, noncommissioned officers, and privates in the Army from any one State shall not be sufficient in numbers to form at least a battalion of the minimum strength under existing laws, it shall be the duty of the Secretary of War forthwith to order the transfer Of such officers, noncommissioned officers, and privates to some other army in which there are other troops in the service from the same State, when they may be consolidated under the provisions of this act: Provided, That the transfer required by this section shall not be made against the consent of the troops so to be transferred.
• "Sec. 7. Those officers who shall be assigned to the same grade in a new organization which they were holding in an old shall take rank from their original appointment to that grade; the commissions of all others shall date from the day of their appointment to their new grade.
• "Sec. 8. When regiments, battalions, or companies shall have been consolidated under the provisions of this act, no subsequent consolidation of the same shall be made, unless by virtue of laws hereafter to be passed,"
  and insert in lieu thereof the following, viz:

"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 commanding the department or 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 may, under general regulations to be issued by the Secretary of War, consolidate such companies.

• "Sec. 2. That new companies may be organized from the noncommissioned officers and privates of the companies thus consolidated, if they are from the 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 companies before consolidation 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 he 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 they have 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 he 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; lint 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, or 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, or to the State from which the company or regiment to which the said officers belonged may have come, of any arm of the service; and all officers who may, within

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  thirty days after the date of the order consolidating 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 vacancies in the office of second lieutenant shall be filled 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 whilst 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 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: 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 line.
• "Sec. 9. Prisoners of war may, within sixty days after their exchange, avail themselves of the provisions of the fourth section of this act, and hereafter when commissioned officers of companies, battalions, and 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.
• "Sec. 10. When regiments, battalions, and companies shall have been consolidated under the provisions of this act, no subsequent consolidation of the same shall be made unless by virtue of laws hereafter to be passed."

The question being on concurring in the amendment,

It was decided in the negative.

Mr. Miles moved that a committee of conference be tendered to the Senate; which motion prevailed.

The morning hour having expired,

On motion of Mr. Lyon, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.

The Chair laid before the House a Senate bill (S. 172) "to extend an act entitled 'An act to graduate the pay of general officers,' approved June tenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Military Affairs.

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On motion of Mr. Holder, leave of absence was granted Mr. Norton (detained from his seat by indisposition).

On motion of Mr. Russell,

The House adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

The following messages were received from the Senate, by Mr. Nash, their Secretary:

Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:

• H. R. 357. An act making an appropriation for the redemption of one-fortieth of the three million pounds foreign loan, due March 1, 1864.

Mr. Speaker: The Senate have passed a joint resolution (S. 25) to amend a joint resolution entitled "Joint resolution on the subject of retaliation," approved May 1, 1863; in which I am directed to ask the concurrence of this House.

Mr. Clark moved that the special order be postponed to enable him to report a bill from the Committee on Military Affairs; which motion prevailed.

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

A bill "to provide for the establishment of a bureau for special and secret service;"
which was read a first and second time, postponed, made the special order after existing special orders, and ordered to be printed.

The Chair laid before the House a Senate joint resolution (S. 25) "to amend a joint resolution entitled 'Joint resolution on the subject of retaliation,' approved May first, eighteen hundred and sixty-three;" which was read a first and second time.

Mr. Perkins moved that the rule be suspended requiring the joint resolution to be referred to a committee.

The motion prevailed.

Mr. Machen called the question; which was ordered, and the joint resolution was read a third time.

Mr. Russell moved to reconsider the vote by which the joint resolution was ordered to be read a third time; which motion prevailed.

Mr. Russell submitted the following amendment:

Add at the end the words "and to insert in lieu thereof the words 'or to employ our negro slaves in war against the Confederate States.'"

Mr. Hilton called the question; which was ordered, and the amendment was agreed to.

Mr. Wickham submitted the following amendment:

Strike out the word "fifth;"
which was disagreed to.

Mr. Snead called the question; which was ordered.

The joint resolution was read a third time.

The question recurring and being put,

Shall the joint resolution pass?

Mr. Conrow demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 49
• Nays ... 20

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Yeas: Akin, Anderson, Atkins, Barksdale, Batson, Baylor, Bell, Blandford, Boyce, Branch, Bridgers, Horatio W. Bruce, Carroll, Clark, Cruikshank, Darden, Dupré, Echols, Elliott, Farrow, Foster, Fuller, Gilmer, Goode, Hanly, Herbert, Holder, Keeble, J. T. Leach, Logan, Machen, McCallum, Menees, Miles, Moore, Orr, Perkins, Pugh, Ramsay, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Triplett, Turner, Villeré, Wickham, Wilkes, and Witherspoon.

Nays: Baldwin, Chambers, Chilton, Clopton, Conrow, Dickinson, Ewing, Gholson, Gray, Hartridge, Hatcher, Hilton, Lamkin, Lester, Lyon, Miller, Read, Russell, Simpson, and Staples.

So the joint resolution was passed, and the title was read and agreed to.

Mr. Lyon moved to reconsider the vote by which the joint resolution was passed.

The motion was lost.

Mr. Ramsay moved that the House resolve itself into open session.

The motion was lost.

The House resolved itself into Committee of the Whole to consider the special order, viz:

The bill "to levy additional taxes for the year eighteen hundred and sixty-five for the support of the Government,"

Mr. Chilton in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that the committee had had the matter referred to them under consideration and had come to no resolution thereon.

On motion of Mr. Russell,

The House resolved itself into open session.

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