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JOURNAL

OF T H E

CONGRESS OF THE CONFEDERATE


STATES OF AMERICA,
1861- 1865.

VOLUME 11.

FEBRUARY
1, 1904.-Ordered

to be printed.

WASH I N GTO N:
G O V E R N M E N T P R I N T I N G OFFICE.

1904.

JOURNAL
O F THE

S E N A T E OF THE FIRST C O N G R E S S OF THE C O N F E D E R A T E


STATES OF AMERICA.

Fint srssion.
Held at IZiclimontl, Ta., February 18, 1862, to April 21, 1862.
Srri.co,irl srssirm.

Held at Richmond, T-a., August 18, 1862, to October 13, 1862.

SENATE
OF

T H E CONFEDERATE STATES.

OPEN SESSIOX.

The Senate niet in the Senate Chamber in the Capitol, in the city of
Iiichmond, in the State of Virgink, a t 12 odock m., and, under the
provisions of tho Constitution and tho 1:iws enacted by the Congress
of the Confederat,cStates, was called t o order by the Hon. Alexander
13. Stcphcns, Vke-President of the Pi-orisional Congress, whoappoiiited
as temporary Sccretary, A. K. Lamar, of Georgia.
Upon R call of the roll thc following Senat,c,rs answered to their
mnies froni their respective States, came forward, presented their
credentials, were duly qualified, and took their seats, vlz:
. J h i i ? Llic Stotc qfALABAMA.... ..- .
- ... .. - .
A I ~ ~ A N R.
A S....- . - . - - -.- - ..- - .... Robert W. Johnson.
Charles 13. Xitchel.
__.
FLORIDA
_ _ _ .. _ _ -.-~ - .._
~

-.
~

Aiignstiis E. Maxwell.
,James M. Baker.

GEORGIA
_ _ ._
._
_ _ _ _ - .. _ _
- .
_
_ _ __
_ .._
. Benjamin H. Hill.

KEKTUCKY
__

W. h. bimnis.
7

LOUISIANA
- -~VIISSISSIPPI

7.

_ _ _ _
__
_..
_
..

__

..

-.

-.

__

- - .- - - - .. - - . .
~

_ _ _ _ _ _ _ ..

_. ._

Edward Sparrow.
Albert G. Brown.

. _ _.
~

9ohn 13. Clark.


R. L. Y. Yeyton.
George Davis.
William T. Dortch.

THE

[Feb. 18,1862.

Robert W. Barnwell.
James L. Orr.

Landon Carter Hayncs.


Gustavus A. Henry.
Williamson S. Oldharn.

R. M. T. Hunter.

William BsLllard Preston.

The first business in order being the election of a President of the


Senate for the time being,
On niotion of Mr. Davis, Mr. IIunter was unanimously elected to
that position.
MP. Hill moved that a committee of three be appointed by the Chair
to wait upon Mr.'Hunter, inform him of his election, and conduct him
to his sea%.
The motion was agreed to;
And the Chair announced the following as the committee:
31essrs. Hill of Georgia, Johnson of Arkansas, and Simms of
Kentucky.
Tho committee having performed the duty assigned them,
Mr. IIunter took tlie chair, returned his acknowledgnient of the
honor conferred upon him, and
Announced as the next business in order the election of a secretary;
When,
Mr. Orr movcd that in voting for secretary the nieiribers vote v i m
voce.
'Plie motion was agreed to,
And the Scriute having proceeded to the election,
Mr. Jttrnes H. Nash, on thc sixth ballot, having received a majority
of the votes cast, was declared duly elected, came forward, was sworn
in, m d cntertd upon the dischargc of his duties.
On motion of Mr. O n , the Sccrctary pro tempore was appointed to
notify the Hoiisc of Ileprrsentatives that the Senate had heen duly
orgmiml
t1hcclcction of R. M. T . TIunter President pro twnpore,
iind Jninc;z JI. Nw,h tls Secretary.
Tho Scxuitc thw proceectccl to the election of a doorkeeper for the
1)otily; w1iic.h rcsultccl i n the choice of Jttnlec Page, upon the second
t)tlllot, wl\o WRS sworn in :ind c n t e r ~ dupon the discharge of the duties
of his oflicv.
Mr. Oldbam iiiinoiincrd the presence of Louis T. ITTigfall, a Senatorc1cc.t l'i*onitho Stat(? of Tt~xas,who came formar(1, was duly qualified,
and took his sent.
O n motion of Mr. Ow, tlw dtiiiy irieotitlg of the Senate 737as fixed
C o y tho h ~ u iof
. Ict o'cIock ni.
And oti riiotiori of Mr. ()r1.,
'rho 8etltltc then adjourned until 1% 07cloc1i to-morrow.

Feb. 19, 1862.1

SENATE.

WEDNESDAY, E'EERUARY19, 1862.


OPEN SF,SSIOX.

Prayer by Rev. Bishop Early, of the Methodist Church.


The Hon. Clement C. Clay, from the State of Alabama, appeared,
aiid having qualified by taking the oath prescribed hg law, took his
seat in the Senate.
The Hon. T. J. Semmes, from the State of Louisiana, appeared,
and having qualified by taking the oath prescribed by law, took his
seat in the Senate.
Mr. Orr submitted the followiiig resolntion; which wds agreed to:
ResoZwd, That the Secretary be allowrd to appoint a n assistant secretary, a journal
clerk, aiid a recording clerk.

Mr. Hill submitted the following resolution; which was agreed to:
Resolred, That the President be authorized to appoint a suitnl)lr page for the Senate.

The President appointed 'V17illinm I. Tsilman as page, under the resolntion aforesaid.
nt4edthe credentialh of t h e Ion. James Phelan, from
the State of Mississippi, who appeared, and having qualified by taking
the oath prescribed by law, took his seat i n the Senate.
Mr. Brown presented his own credentials as a iiieinher of the Senate
from the State of Mississippi.
Mr. On*snhmi tted thr following resolution; which mas agreed to:
Resolved, That a committee of three Senators bc appointed by the President pro
tenipore to draft and report standing rules and ordei Y for conductiiig h u s i n r s i n the
Senate of the Confedcrate States, and that they act as a joint committee with such
coniniittee sppointtd bj tlie IIouse 01 Rrpresentativeu to report joint rules and ordew
for conducting business betneen the two 13ouses.

Whereupon,
The President appointed Mr. Orr, Mr. Johnson, 2nd Mr. Clay as
the committee under the resolution.
Mr. Barnwell submitted the following resolution; which was agreed

to :
l Z ~ d ed,
r That the Doorkecper h a r e lcavc to appoint ail axidant.

On motion of Mr. Clark, the Sriiatr l)roc*wd~d


t o the election of a
sergeant-at-arins.
Mr. Clark nominated Lafayette 13. Bitzhugh, of Kentucky, aiid there
being no other nomination, he was duly elected, and qimlified by taking the oath of ofice.
Mr. Henry (hy leave) introduced
A bill (S. 1)to legalize the organization of ccrtain companies of Tennessee volunteers since Deceinher 1, 1861;
which, on his motion, was T*eadthe first time and ordered to be read
the second time.
A message from the House of Representatives, by their Clerk:
Mr. Presrdent: I have been directed by the House of Representatives to inform the
Senate that the House has been organized by the election of the Hon. Thomas S.
Bocock, of Virginia, as Speaker, and R. E. Dixon. of Georgia, as Clerk.
Also, that they have adopted a resolution inviting t h e Senate to meet the House
i n t h e Hall of the House of Representative3 lo-day, at 1 o'clock, to count the votes
for President and Vice-President of t h e Coilfederate States.

Feb. 20, 1862.1

SENATE.

Mississippi -For President, 9 votcs, Jeff. Davis; for Vice-president,


9 votes, A. H. Stephens.
North Caroliua-For President, 12 votes, Jeff. Davis; for VicePresident, 12 votes, A. H. Stephens.
South Carolina-For
President, 8 votes, Jeff. Davis; for VicePresident, 8 votes, A. 13. Stephens.
Tennessee-For President, 13 votcs, Jeff. Dai-is; for Vice-President, 13 yotes, A. 11. Stephens.
Texas-For President, 8 votes, ,Jeff. Davis; for Vice-President, 8
votcs, A. 13. Stephens.
Virginia For President, 18 votes, Jeff. Davis; for Vice-president,
18 votes, A. K. Stephen.;.
\Vhereixpon,
The President pro tcmpore of the Senate declared Jefferson Davis
duly electcd President of the Confederate States and A. H. Stephens
duly elected Vice-Prcsidcnt of the Confederate States, for the term of
six years rcspectircly. coniniciicirig on the 22d day of February, A. D.
1862.

The Senate having rctixrned to t,heir Chamber,


Mr. Clark sabmittcd the following resolntion; which was agreed to:
Resolrd, That the Scnate concur in the resolution of the House of Representatives,
appoiiiting a coininittee to wait upon the President and inforin hiiii of the organization of the two Houses of Congress, and that the Presiclciit of the Senate appoint R
coiiiiiiittee of two 0x1 the part of t h e Senate to act in conjunction with the commit.
tee of tlie House.

The President appointed Mi-. Clt~.rkmid Mr. Barnwell as the committee on the part of the Senate.
On motion, i t was
Ordered, That thc Sicxrctarycomrnunicntc the sanic to the House of
Re resentativcs.
motion of 3ir. Barnwell, it mas
Ordered, That a committee of two, to act in conjunction with a similar coiiiinittec on the part of the IIoiisc, he appointcd to wait upon
the lresidcnt tind V icc-lresident of the Confederate States and inform
thcm of their election.
The President appointed Mr. Barnwell and Mr.Davis as tlie committee on the part of the Senate.
On motion of MY.Sparrow, it ~ ~ r a s
Chdered, That thc Secretary communicate the same to the House of
Be resentdA\-es.
6
1
1motion of ~ r I<arnwcll,
.
The Senate adjourned until to-niorrow at 12 07c10ck.

8n

THUR3SDAY, EEBRUAKY 20, 1862.


OPEN SESSION.

Mr. Barnwell, from the joint committee appointed to wait upon the
President and Vice-President of the Confcdernte States and inform
them of their election, reported that the committee had discharged
the duty assigned thcm; and that the President had accepted the
office and signified his purpose to unite with Congress in all measures
that mould proiiiote the welfare of the country. The Vice-president
had also accepted his office, with his grateful acknowledgments for

JOURNAL OF THE

the position.
Johnson submitted the following resolution

[Feb. 20, 1862.

(s.1);which

olved by the senate and House of Representatives o j the Confederate States in Congress
sembkd, That the Attorney-General be requested t? return % the Clerk of the
use of Repr&yentativesthe papers that were on file In the ofhce oi t h e Clerk of
Provisional &ngress, and all documents and other papers that \\ere under the
control in the hands of the Public Printer and not otherwise disposed of by
order of the Provisimal Congress; and that all papers referring to executive sessions
and executive business be returned to the Secretary Of the Senate.

Mr. Brown presented a memorial of the legislature of the State of


Mississippi in relation to the disparity now existing between the pay
of the officers and privates of the Army of the Confederate States,
and asking such legislation upon the subject as Congress may deem
proper.
Ordered, That it lie on the table.
Mr. Sparrow submitted the following resolution; which was agreed to:
Rmolved, That the Senate shall be divided into three classes, as required b y section
third, article first, of the Constitution, i n the following manner: Four ballots inarked
two years-four years, fivemarked I four years-six years, and four marked two
years-six years shall be prepared under the direction of the President of the
Senate, and deposited in a box; and, in the presence of the Senate, one nf said ballots
shall bedrawn therefrom by one of the Senators from each State in behalf of hi9 State;
and the term of service of the Senators from each State shall correspond with the
number of years designated by the ballot thus drawn; those drawing the ballots
marked two years-our years to be designated as the first class; those drawing
the ballots inarked fotir years-+
years, as the second class; and those drawing
the ballots niarked two years-six years, as the third class.
Resolved further, That immediately after said drawing the President of t h e Senate
shall direct two ballots to be prepared and deposited i n a box, with numbers thereon
corresponding with the term of the Senators from their respective States called in
alphabeticnl ortler, and one of the Senators from the State thus called shall draw out
one of snid ballots, and his term of service shall correspond with the number thus
drawn, and the term of the other Senator shall correspond with the number on the
ballot remdning.

On niotion of Mr. Brouw, it was


Oradwed, That action under the resolution aforesaid be postponed
until to-morrow.
rho following bill was read the second time and, on motion of ah.
Spwrow, laid upon the table:
A bill (S. 1)to legalize the organizntion of certain coivpanies of
Tenncssce volunteers since Ilecember 1, 1861.
A messagc wns received froni the House of Itepresenkttives, by their
Clerk, a# follows:
IIOCJSE
OR REPRESENTATIVES,
CONGRESS O F T R B (hNVEDERATE STATES,
fi%bruccry 19, 18%.
A f i . .hvideEent:

I have been directed by the I-Iouse of Repycsentati\res to inform

the Benate that they have adopted the following resolution:


1 ~ e ~ o l uThat,
@ ~ , II C*OnllliittteOf three of this body be appointed by the Speaker to
CoOPerake with a (011Unittt%?Of the Senate to announce to the Ion. Jefferson Davis,
MifiSissiPPi,~ l ( to
1 the 11011. Alexander H. Stephens, of Georgia, their election,
reapct*tively,t-0 the' PreSitienCy and bice-presidpncy of the Confederate States for
the next Rix years."
fOllowi11g gfl1tltrnell Were ap ointed in accordance \nrith the foregoing resolutioxl, tto serve in conjtmrtion wit11 tEe Senate committee, to wit:
M e s ~ sK
. e m of
~ Jmisiaaa, Miles of South Carolina, and Barkpdale of ]clississippi,
Also, that, they have adopted the following resollition:
LTb2dved (JY fk s(%(~l(
WZd IcOUSe Of Kepresentutives of the Congress of the ConfPderate
heartily approve Of the resolution passed by the legislature of Vir-

;
,

SENATE.

Feb. 21, 1862.1

11

ginia, expressing her determination to vindicate the integrity of her ancient boundaries, and pledge all the resources of the Confederacy to uphold her determination.
Also, that they have adopt,ed the following resolution:
That a coninlittee of o w member from each State be appointed, to cooperate with
such coininittee as may be appointed on t h e part. of t h e Senate, to participate i n the
arrangement of the cereiiionies for t h e inauguration of the President and Vice-President of the Confederate States of America.
The coiiiriiittee appointed under the foregoing resolutioii are the following gentlemen, to wit:
Messrs. Lyons of Virginia, Lyon of Alabama, Batson of Arkansas, Hiiton of Florida, Ilolt of Georgia, H. W. Bruce of Kentucky, Marshall of Louisiana, Cooke of
Missouri, Singleton of Mississippi, McDowell of North Carolina, McQueen of South
Carolina, Swan of Tennessee, and Wilcox of Texas.
Also, that the House has adopted a resolution,
That a committee of five, of which the Speaker shall be chairman, be appointed
i n conjuiic:tion with such committee as mag be appointed on the part of the Senate,
to report joint rules for the government of the two Houses.
. The following is the committee appointed on the part of the flouse, viz:
Messrs. Curry of Alabama, Jones of Tennessee, Perkins of Louisiana, Lewis of
Gcorgia.

Mr. Clark, from the joint committee to wait upon the President and
inforni hiin of thc organization of the two Houses of Congress, reported
that the coiiiniittee liad discharged the duty assigned them.
On motion of Mr. Orr,
The Senate adjourned until to-morrow at 12 oclock.

FRIDAY, FEBRUARY
21, 1862.
OPEN SESSION.

On motion of Mr. Barnwell, the joint rcsolution of the House of


Itepresentatives, approving the resolution passed b j the legislature of
Virginia, expressing her determination to viudicate her ancient boundaries, arid pledging all the resonrccs of the Confederacy to uphold her
i*lnination, W R S takcn up, read thc first, second, and third times,
tho question being put upon the passage of the resolution, was
decided i n thc afErniative-Yeas 23, n a y 0.
On niotioii by Mr. Ikmimell,
The yens and nays being desired l)y one-fifth of the Senators presentl,
Those who voted in the affirmative $&re,
Mcssrs. Bnrnwcll, Raker, Bron7n, Clay, Clark, Davis, Dortch,
Haynes, IIenrj , Hill, Hunter, Johnson, Maxwell, Mitchel, Orr,
Oldh:mi, lheian, Yeyton, Preston, Sparrow, Semmes, Sirnms, and
\\igfail.
I n the negative, none.
On iiiotioii by M r . Haynes,
d , That the r ote by which the resolutions offered by Mr.
S arrow yesterday, providing fo r the classification of Senators, was
a opted, be reconsidered.
Mr. N a p e s then moved to amend the resolutions by striking out
that portion of the first resorution in relation to the designation of the
different classes and inserting in lieu thereof the following:

cp

those drawing the ballots marked I two years shall be designated as the first class;
those drawing the ballots marked (four years shall be designated as the second
class; and those drawing the ballots marked (six years shall be designated as the
third claw;

which was agreed to.

Fcb. 21,1862.1

SENATE.

13

drew from the box, on behalf of that State, a ballot having marked
thereon four years-six years.
The State of Mississippi being called, Mr. Phelan came forward and
drew from the box, on behalf of that State, a ballot having marked
thereon two years-four years.
The State of Missouri being called, Mr. Peyton came forward and
drew from the box, on behalf of that State, a ballot having marked
thereon two years-four yews.
The State of ruorth Carolina being called, Mr. Davis came forward
and drew from the box, on behalf of that State, a ballot having marked
thereon two years-fonr years.
The State of South Carolina being called, Mr. Uarnwell came forward and drcw from the box, on behalf of that State, a ballot having
marked thereon four years-six years.
The State of Tennessee being called, Mr. Haynes came forward and
drew from the box, on behalf of that State, a ballot having marked
thereon four years six years.
The State of Texas being called, A h . Wigfall came forward and
drew from the box, on behalf of that State, a ballot having marked
thereon four yearb- six years.
The State of Virginia being called, Mr. Preston came forward and
drew from the box, on behalf of that State, a ballot having marked
thereor! four years-six years.
The Senate then proceeded to ballot ti second time, with the following result:
The States being called in alphabetical order, the President pro
tempore placed i n the box two ballots or the State of Alabama, havi n g marked upon them the nuinbers corresponding with the numbers
on the ballot first drawn for that State, which were d r a m as follows:
Clement C. Clay, two years; William L. Yancey, six years.
The ballots for the State of Arkansas being placed in the box and
marked with numbers corresponding with the numbers on the ballot
first drawn for that State, were drawn as follows: Charles B. Mitchel,
six years; Robert \V. cJohnson, two years.
The ballots for the State of Florida having been placed in the box
and marked with niiiribers corrcsponding, with the numbers on the
ballot first drawn for that State, were drawn as follows: Augustus E.
Maxwell, four years; James 31. Baker, two years.
The ballots for the State of Georgia having been placed in the box,
properly marked, were drawn as follows: Benjamin H. Hill, six years;
Robert Toombs, two years.
The ballots for the State of Kentucky having been placed in the
box, properly marked, were drawn as follows: William E, Simms,
tm7o years; Henry C. Burnett, six years.
The ballots for the State of Louisiana having been placed in the
box, properly marked, mere drawn as follows: T. J. Semmes, four years;
Edward Sparrow, six years.
The ballots for the State of Mississippi having been placed in the
box, properly marked, were drawn as follows: James Phelan, two
years; A. G. Brown, four years.
The ballots for the State of Missouri haT-ing been placed in the box,
properly marked, were drawn as follows: John B. Clark. two years;
R. L. Y. Peyton, four years.
The ballots for the State of North Carolina having been put in the

JOURNAL OF TECE

[FCb. 22,1862.

marked, were drawn as follows: William T. Dortch,


e Davis, two years.
e Shte of South Carolina being placed in the box,
properly marked, were drawn as folloms: Bobert
Barnwell, four
years; James L. Orr, six years.
ballots for the State of Tennessee being placed in the box,
ly marked, weye &aim as follows: Landon C. Haynes, six
years; Gustavus A. Henry, four years.
The ballots for the State of Texas having been placed in the box,
loperly marked, were drawn as follows: Louis T. Wigfall, four years;
S. Oldham, six years.
The ballots for the State of Virginia having been placed in the box,
properly marked, were drawn as follows: William Ballard Preston,
four years; R. M. T. Hunter, six years.
So that the Senators of the first class are:
James M. Baker, John B. Clark, Clement C. Clay, George Davis,
Robert W. Johnson, James Phelan, William E. Simms, and Robert
Toombs
And their term of office two years.
The Senators of the second class are:
Robert W. Barnwell, A. G. Brown, William T. Dortch, Gustavus
A. Henry, Augustus E. Maxwell, K. L. Y. Yeyton, William Ballard
Preston, T. J. Semmes, and Louis T. Wigfall,
And their term of ofice four years.
The Senators of the third class are:
Henry C. Burnett, Landon C. Haynes, Benjamin H. Hill, R. M. T.
Hunter, Charles B. Mitchel, W. S. Oldham, James L. Orr, Edward
Sparrow, and William L. Yancey,
And their term of oEce six years.
A message from thc House of Representatives, by Mr.Dixon, their
Clerk :

w.

k.

Nr. Prcsidenl: I am directed by the House of Representatives to inform the Senate


that thcy have concurred in the following Senate resolution, to wit.
12esolved b y the Sennte and IIousa of Rcpresentntiues of the Coi$edernte Staies in ConPPSR nasembletl, That the Attorney-General be requested to return to the Clerk of the
llolwe of Ibpresentntives the papers that were on filc in the office of the Clerk of
the 13rovkional Clongress, and $11 documents and other papers that were under the
Clerks control in the hands of the Public Printer and not otherwise disposed of by
order of the Provisional Congress; and that all papers referring to executive Bemions
and cxccotive business be returned to the Secretary of the Senate.

On motion by Mr. Sparrow,


O ? * ~ C ?That
* C ~ ,when the Senate adjourns it he to meet a t 10oclock
tomorrow.
On motion by Mu. Sparrow,
The Senate adjourned.

SATURDAY, FEBRUARY
22, 1862.
OPEN SESSION.

Mr. Orr, from the joint committee t o su erintend the arran ements
for the inauguration of the President and ice-President of t e Confederate States, presented a report in relation thereto; which was read,
Ordwed, That it lie upon the table.

qT

15

SENATE.

Feb. 24,1862.1

On motion by Mr. Om,


Ordered, That the Senate take a recess until 25 minutes past 11
oclock.
11 OCLOCK AND 25 MINUTES.

On motion by Mr. Rarnwcll,


The Senate proceeded, in the order prescribed by the re ort of the
committee of arrangements, to the hall of the house of elegates of
Virginia, thence by the eastern door of the capitol to the statue of
Washington, on the public square, where, after the delivery of his
inaugural address, the oath of office was administered to the President
of the Confederate States by the Hon. J. D. Hal Tburton, udge of the
district court for the eastern judicial district of t e Confe erate States
of America i n Virginia; and to the Vice-president by the Hon. R. M. T.
Hunter, President pro temporc of the Senatc.
The Senate having returned to their Chamber,
On motion by Mr. Clay,
The Senate adjourned until Monday morning a t 12 oclock.

cs

i:

MONDAY, FEBRUARY
24, 1862.
OPEN SESSION.

Mr. Orr, from the committee to draft and report standing rules and
orders for conducting business i n the Senate, presented thc following
report:
Rules for conducting business in the Scriatc of the Confeder8tc States of America.

I. The Prcsident ha\-ing taken the chair, and a quorum being present, the Journal
of t h e preceding day shall be rcad, and any mistakes in the entries shall, upon motion,
then be corrected.
11. No Senator shall speak to another, or otherwise intcrrupt the business of the
Senate, while the Journals or public papers
are being read, or when any Senator is
_ _
speaking in debate.
111. 1i:very Senator, when he speaks, shall address t h e Chair, standing in his place,
and when h e has finished shall sit down.
IV. N o Senator shall speak more than twice in any one debate, on the same
question, and on the same day, without leax-e of a majority of the Senators present.
V. \Then two or more Senators rise at t h e same time, t h e President shall name
the one t o speak; but in all cases the Senator who shall first rise and address the
Chair shall speak first.
VI. The President shall preserve order and decorum; may speak to points of
order in preference to any Senator, rising from his seat for that purpose; and shall
decide questions of order, subject to a n appeal by any Senator to the decision of the
Senate; he may also take the sense of t h e Senate on any question of order a t his own
instance; and mag call any Senator to t h e chair to preside temporarily, not to extend
beyond that days session.
VII. The duties and powers of the President pro tempore, when occupying the
chair, shall be the same as those of the President in these rules specified.
VIII. When any Senator is called to order by the President or any Senator, he
shall sit down, and shall not proceed without l e a p of the Senate; and every question
of order shall be decided by the President without debate, subject to an appeal to
the body.
IX. If any Senator be called to order by another Senator for words spoken, the
exceptionable words spoken shall immediately be taken down in writing, that the
President may be better able to judge the matter.
X. No Senator shall, in debate, use any language reflecting injuriously upon the
character, motil-es, honor, or integrity of any other Senator.
XI. N o motion shall be debated until the same shall receive a second; and 77-hen a
motion shall be made and seconded, it. shall be reduced to writing, if desired by the

16

JOURNAL OF THE

[Feb 2.1, 1862.

Resident or any Senator, delivered in at the table and read, before t h e same shall
bedebated.
XII. Any motion or proposition may be withdrawn by the mover a t any time
before a decision, amendment, or other action of the Senate upon it, except a motion
to recomider, which shall not be withdrawn without lear7eof the body.
XIII. When a question has been once made and carried in the afirinative or
negative, a motion to reconsider shall be entertained a t the instance of any Senator,
if made on the same day on which the vote was taken, or within the next two days
of actual session. When a motion to reconsider shall be made, its consideration
shall take precedence of the regular order of business, unless a majority of the
Senators resent shall otherwise determine.
XIV. &hen a question is under debate, no motion (except one to reconsider some
other question awed upon) shall be received but to adjourn, to lie on the table, to
postpone indefnitely, to postpone to a day certain, to cbnirnit or amend, Lvhich
several motions shall have precedence in the order they stand arranged, and the
motion to adjourn shall always be in order and decided nithout debate; but a
motion to reconsider shall be received and entered, if made after a motion to adjourn
and before it is decided.
XV. Ifthe question for decision contains several parts, any Senator lnay have the
Same divided; but on a motlon to strike out and insert, it shall not be in order to
move for division of the question; and the rejection of a motion to strike out and
insert one proposition shall not prevent a motion to strike out and insert a different
proposition, nor prevent a subsequent motion simply to strike out; nor shall the
rejection of a motion simply to strike out prevent a subsequent motion to strike out
and insert.
XVI. In filling up blanks, the largest sum and the longest time shall be first put.
SVII. The unfinished business i n which the Senate may be engaged on adjournment &sll be the first business in order on the next days sitting.
XVI11. After the Journal is read and the unfinished business, if any, of the previous
days sitting is disposed of, the regular order of business shall be as follows: First,
the call of the States, alphabetically, for memorials, or any matter, measure, resolution, bill, or proposition which any Scnator may desire to bring bcforc t h e Scnnte.
Second, the call of committees for reports-thc call of committees to hc madc in
the order of their appointment--such reports of committees as may not be otherwise
disposed of when made, as well as all bills and resolutions introduced by individual
Senators not similarly disposed of, shall be numbered in the order in which they are
and be placed in that order on the calendar of the regular orders of the
ay. The call of committees or States each day to he resumed where it may be left
off the day preceding. Third, the calendar of the regular orders of the day shall then
be taken u and every resolntion, proposition, bill, or measure shall be disposed
of in theor$& i n which it there stands. No special order shall be made against this
rule, except b y a vote of a majority of Senators present, and such majority may at
any time change the order of business.
XIX. Executive messages, communications from the heads of Departments, a~
well 88 messages and bills from the IIouse of Representatives, shall be disposed of in
the order in which they may be respectively received, at such time as a majority of
the Senators present may direct.
XX. Every resolution, bill, or measure, requiring the concurrent action of both
IlouseB of Coiigrcm, shall receive three readings previous to its being put upon its
pawage. The President shall give notice at each reading whether it be the first,
second, or third reading. KO such resolution, bill, or measure shall be committed
OT &mended until it shrtll have been twice read, after mhich it may be subject to a
motion to amend or to refer to a committee. And all such matters on second reading
shall first br considered by the Senate in the same manner as if the Senate were in
Committee of the ?hole; the final question on the second reading of any matter not
referred to committee Yhall be, whether it ehall be engrossed and read a third
tin% and no amendment shall be received after the engroesnlent for a third reading
has been ordered. But it shall at all tinies be in order, before the final passage or
action on any matter, to move itu conimitnient; and should such commitlllent take
place, and any ainentlruent be reported by the committee, the uThole shall again be
read a second time, and considered as in Conlrnittee of the Whole, and then the
aforesaitl question shall again be put.
XXI. After any matter is ;rdered tx, be engrossed, and it has been read a third
Limo, the Vestion shall be, Shall the resolution (or the matter, whatever it niay
be) now DXSB?
XXILA majority. of the Senate may dispense with the actual engrossment of the
bill before it is pnt, on its passage.

t;resentec,

Fcb. 24, 18F2.1

SENATE.

17

XXIII. All bills and joint resolutions, on the first and second reading, may be
read by t h e title, uiiless the reading of the Thole shall be desired by a majority of
the Senatorb present, and the iliiril reading of an engrossed bill shall be by the title.
XXIV. The titles of iesolutions, bills, and other matters submitted, and such
parts thereof only as niay be affected bj p o p s e d amendments, shall be inserted on
t h e Journals.
XSV. No motion for the prei ion6 questioii shall be entertained, but upon thecall
of any Senator for the peation, if secondd by a inajority of the Senators present,
the vote shall immediately be taken on the pending question, nhatever it may be
without further debate.
XSVI. -L motion to lay any amendment on the table prevailing, shall carry with
it only t h e amendinent, and not the original propo.iition or matter.
SXVTI N o Senator shall absent himcelf from the sen-ice of the Senate without
leave of the Senate first obtained, arid a majority of the Senators present at a n y time
are hereby antliorizc~lto send the hergeaiit-at-griiib, or any other person or persons
by tliein named, for any or all absent Senators, at the expense of such absent Senator
or Senators, uii1ei.s mch exmsc for nonattendance shall be made as the Senate may
judge sufficient, and in tliat c:m the r.rpcnw shall be paid out of the contingent
fund. This r d c to apply its \\ell to the first conyention of the Senate a t the legal
time of meeting, as to cach day of the acssion after the hour has arrived to which the
Senate may stand adjournetl
XXVIII. Whcn the yeas antl nays shall be called for hg one-fifth of the Senators
present, cac*li Sciiator call(d upon diall tlcc3lair opcnlg, and without debate, his
it to the question, iunlcw for special reason he be excused by the
ing the 7 eas and nays, and upon a call of the Senate, the names of
tlie Senators shall be taken alphabetically.
S X I S . When the a eaq and nays shall be taken upon any question in pursuance
of t h e aboi e rule, no Senator shall be permitted, except by the unaninious consent
of the Senate, to vote after tlie decision is announced from the Chair.
XSX. When the Senators are equally clii ided on any question, the Secretary shall
take tlie decision of t h e President.
S X S I . The follon ing standing committees shall be appointed at t h e beginning of
each session, n ith lea\ e to rrpor t by bill or
A Coninlittee on Foreign Relations, t o co
A Coniiiiittee on l h a i i c e , to consist ol five nieinbers;
A Conmiittee on Commerce, to comikt ul fi\ e iiienibery
A Committee on Military Affairs, to conskt of f i \ e 1rieiiil)ers;
A Conimittee on Naval Affairs, to consist of five inembeis;
A Committee on the Jndiciary, t o conhist of fire members;
A Conimittee on Indian Affairs, to consist of A\ e members,
A Coniniittec on Post-Offices and Iost-Roads, to consist of fi\ e members;
A Conmiittee on Pnhlic Lands, to consist of three members;
A Committee on Patents anti Patent Ofice, to consist of three members;
A Committee on Claims, to consiit of three members;
A Committee on Territori-s, to consist of three inenibers;
A Cormnittee on .Ic.c*oiinti,to consist of three members, to whom shall be referred
all resolutioiis directing the p a > n ~ e notf money out of t h e contingent fund of the
Senate, or creating a charge on the same;
A Committee on Printing, to consist of three members; and
A Conimittee on Engrossmtwt and Enrollment, to consist of three members.
XSXII. I n the appointment of the standing committees, the Senate qhall proceed,
by ballot, severally to appoint the chairman of each committee, and then by one
ballot the other members necessary to complete the same, and a majority of all the
votes given shall Ite necessary to a choice of a chairman of a standing committee.
(All other committees may be appointed by the President unless otherwise directed
by t h e Senate. )
XXXIII. When motions are made for reference of the same subject to a select
conmiittee and to a standing committee, t h e question on reference to the standing
conimittee shall be first put.
XXXIV. All confidential communications made by the President of the Confetleiate States t o t h e Senate shall be by the Senators kept secret, and all tieaties
which may be laid before the Senate shall also be kept secret until the Senate shall
by their resolution take oft the injunction of secrecy.
XXXV. All nlforrnation or remarks i n the Senate touching or concerning the
character or qualifications of any person nominated by the President to office shall
be kept a secret, except to the person involved, or, in his absence, to his agent or
friend; but in no event shall the nanie of a Senator making charges or remarks be
disclosed, under penaltj of expulsion.
C J-VOL
2-04-2

JOURNAL OF THE

XXXVI. When acting on confidential or executive.business, the Senate shall be


cleared of all persons except the Secretary and hls aSSlStan@,the Sergeant-at-Arms,
the Doorkeeper, and the Assistant Doorkeeper, all of which Officersshall take an oath,
to be administered by the President of the Senate, not to diirulge O r disclose any
matter or thing coming to their knowledge within the secret sess!on of the Senate.
XXXVII. The legislative proceedings, the executive proceedings, and the confidential le islative proceedings shall be kept in separate and distinct books.
XXx611. The President of the Confederate States shall, from time to time, be
furnished with an authenticated transcript of the executlve records of the Senate,
and all nonlinations approved or definitely acted on .by the Senate shall be returned
by the Secretary, from day to day, as such proceedlrlgs inay occur; but no further
extract from the Executive Journal shall be furnished except by special order; and
no paper, except original treaties, transmitted to the Senate by the President of the
Confederate States, or any executive officer, shall be returned or dellvered from the
office of the Secretary without an order of the Senate for that purpose.
XXXIX. Messages shall be sent to the IIouse of Representatives by the Secretary
or his assistant.
XL. Messages shall be received in any state of business, except when a question is
being put, while the yeas and nays are being called, or while the ballots arc being
counted.
XLI. No motion shall be deemed in order to admit any person or persons whatsoever within the doors of the Senate Chamber to present any petition, memorial, or
address, or to hear any such read.
XLII. Stenographers and reporters for the press wishing to take down the proceedings of the Senate may be admitted by the President, who shall assign to them
such places on the floor to effect their object as shall not interfere with t h e convenience of the Senators.
XLIII. On motion rnatle hy any Senator fieconded hy another to close the doors
on the presentation or discussion of an matter which may, in the opinion of such
Senator, require secrecy, the President sgall direct the doom to be closed, and during
the discussion of such question no one shall be permitted to remain within the Senate Chamber but the President, the Senators, and the officers of the body as in case
of executive session.
XLIV. Any officer or Senator convicted of disclosing any matter directed by the
body to bc held in confidence shall be liable, if an officer, to dismissal from service,
and 111 case of B Senator, to suffer expulsion from the body.
XLV. All niotions to print extra copies of any bill, report, or other document
shall be referred to the Committee on Printing.
XLVI. 1)nring the esistencc of war, all propositions affecting our foreign relations,
or rclatint: to the public clcfensc, shall be submitted and acted on in secret session.
S L V I I . A l l raws that inay arise in the proceedings of the Senate not provided
for in the foregoing rnleu, shall be governed by the general principles of parliamentary htw XH laid tiown in Jefferson's Manual.
XLWI1. T l ~ t -rules may be amended by a majority of Senators on one day's
notkc. bring given.

which raport wlis adopted; and


On motion 1)s Mr. Ow,
0 ~ ~ ( ~ '~r h
~ t1 tho
d 7 coiiiniitteo I I ~ , W : leave to sit again.
On niotioii by Mr. Orr,
O~'(~f.l'e~;,T h t the d e s aforesaid be printed, and that the chairman
of t h (:oIll1nitfi?C
~ ~
appointed to draft the Same superintend the printing
thereof.
Message froin thc IIouse of Representatives, by their Clerk, Mr.
1) ixon :
MY.Piwirlent: I am instructed by the IIouse of Representatives to inform the

Senate that they have adopted the following resolution, to wit:


1' I r> r e o l i ~ ~ S ,
'l'imt the Speaker appoint the following committees, to act with like
coininittecs on tlir part of the Senate:
on T'rinting, to consist of five mcinbers of this House.
14Co~i~mittctx
"Committee on Builtlings for the use of this Government, to consist-of three membe:; ?! this EIouse.
Coinmi!:ee on Flag and Seal of the Confederacy, to consist of three members of
thip House.

'

Feb. 25,18F2.1

19

SENATE.

Mr, Brown asked and obtained leave to bring in a bill (S. 2) to levy.
a war tax on cotton produced in the yew 1862; which was read the
first and second times, by unanimous consent, and considered as in
Committee of the Whole.
On motion by Mi.. Hunter,
Order&, That it lie on the table and be printed.
Mr. Johnson asked, and by unanimous consent obtained, leave to
bring i n a bill (S. 3) to provide for the organization of the Arkansas
and lied River Superintendency of Indian Affairs; which was read
the first and second times, by unanimous consent; and
On motion by Mr. Johnson,
Ordered, That it lie upon theAd.de and be printed.
Mr. Yhelan presented a resolution of the legislature of Mississippi
in relation to the shipment of cotton.
O n motion by Mr. Hunter,
Ordcrcd, That it lie 11 on thc table and he printed.
Air. Hunter presentef a resolution of the legislature of Virginia
in relation to increasing the pay of noncommissioned officers and
privates in thc Confederatc Army.
O n motion by Mr. Iluntcr,
Or.dered, That it lie upon the table arid be printed.
Mr. Dortch presented a resolution of the State convention of North
Carolina relating to the reenlistment of volunteers.
O n inotion by Mr. Dortch,
Ordemd, That i t lie upon the table and be printed.
On motion by Mr. Hunter,
The Senate adjourned until to-morrow morning at 12 oclock.
f

TUESDAY, FEBRUARY
25, 1862.
OPEN SESSION.

On motion by Mr. Hunter, and by nnnnimous consent,


Ordwed, That the following be the standing committees of the
Senate:
A Committee on Foreign Affairs, consisting of Rfr. Orr (chairman),
MY.Yancoy, Mr. Wigfall, MY.Clark, and Mr. Preston.
A Conimittee on Finance, consisting of Mr. Barnwell (chairman),
Mr. Hunter, Mr. Davis, Mr. Seinines, and MI.. Henry.
A Committee on Commerce, consisting of Mr. Clay (chairman), Mr.
Maxwell, Mr. Dortch, Mr. Peyton, and Mr. Hurnett.
A Committee on Military Affairs, consistin of Mr. Sparrow (chairman),3Mr. Preston, Mr. .Johnson, Mr. Wigfa 1, and Mr. Henry.
A Committee on Naval Affairs, consisting of Mi,. Brown (chairman),
Mi-. Oldham, Mr. Raker, Mr. Simms, and Mr. Dortch.
A Committee on the Judiciary, consisting of Nr. Hill (chairman),
Mr. Haynes, Mr. Phelan, Mr. Semmes, and Mr. Burnett.
A Comniittee on Indian Affairs, consisting of Mr. Johnson (chairman), Mr. Clay, Mr. Oldham, Mr. Peyton, and Mr. Sinimu.
A Committee on Post-Offices and Post-Roads, consisting of Mr. Oldham (chairman), Mr. Phelan, Mr. Haynes, Mr. Mitchel, and Mr. Baker.
A Committee on Public Lands, consisting of Mr. Clark (chairman),
Mr. Baker, and Mr. Yancey.
I

JOURNAL O F THE:
[Feb. 25,1862.
20
- A Committee on Patents, consisting of Mr.;Maxwell [(chairman)],
Mr. Haynes, and Mr. Hill.
A Committee on Claims, consisting of Mr. Davis (chairman), Mr.

Burnett, and Mr. Peyton.


A Committee on Territories, consisting of Mr. Wigfall (chairman),
Mr. Brown, and Mr. Yancey.
A Committee on Accounts, consisting of Nr. Mitchel (chairman),
Mr. Dortch, and Mr. Simms.
A Committee on Printing, consisting of Mr. Phelan (chairman),
Mr. Hill, and MY.Clark.
A Committee on Enrollment and Engrossment, consisting of Mr.
Haynes (chairman), Mr. Maxwcll, and Mr. Mitchel.
o n motion by Mr. Clarli,
Ordered, That 50 copies of the foregoing list of committees be printed
for the use of the Senate.
On motion by Mr. Hunter,
The Senate proceeded t o consider the resolution cominunicated from
the House yesterday in relation to the ap ointment of a committee on
printing, a committee on buildings for tYle use of this Government,
and a cominittee on flag and seatof the Confederacy, to act, with like
committeos on the part of tho Senate.
The resolution was agreed to.
Orckrod, That the becretary notify the House of Representative;
thereof.
On motion by Mr. Johnson,
Orderod, That the bill (S. 3) to provide for the organization of the
Arkansas and Red River Superintendency of Indian ABairs, introduced by him yesterday, be referred to the Committee on Indian
Affairs.
Mr. Sparrow presented a resolution of the legislature of Louisiana
in relation to a suspension of the duties on foreign importations; which
WHY laid upon the table mid ordered to be printed.
Mr. Sparrow submitted the following resolution; which was considered, by unanitnous consent, and agreed to:
Resolued, That the Comniittee on Finance be instructed to inquire into the expe(licncy of susperidiiiy the oollection of duties on foreign importations during the
existence of the 'war, or dtiring the blockade; and to report by bill or otherwise.

MY. l'hclan snbniitted the following resolution; which was consitlei*nd,by iinaniinous consont, and agreed to:
/l'cwluctl, That thr C:orninittec on Military Affairs be instructed to inquire into the
rxpetlic~iicyof takiiig possessioi~and control, by the Government, of all the cotton,
tO~JWc(1,arid othw protlncts witliin the litnits ot the Confederate States, with a view
to tho tlestructio~iof said produt*ts, or any portion thereof, whenever t h e same may
be tlireatcnetl vcitii c.tq)ttire by the enenlies of the country; and that said committee
wporL, as soon as possible, by bill or otherwise.

Mr. Dortch pwhentcd a resolution of thc North Carolina State convcntion i l l relation to tho battle at Itoanoke Island; which was referred
to tlic Cominit,tee on Military Aflairs and ordeked to be printed.
On niotion by MY.Rarnwcll,
The vote 011 tho adoption of the rules for conducting business in the
Scmte, rcportcd gcsterday, was reconsidcrcd.
On motion ~ J YMr. Barnwell,
'L'o m e n d the tliirtj-second rule ti0 that it shall read:
sXS11. I n the appointnillentof tlw standing committees, the Senate shall proceed, by ballot, severally to appoint the chairman of each committee, and then by

SENATE.

Feb. 25, 1862.1

21

one ballot the other inembere necessary to c6mplete the same, and a majority of all
the votes given shall be necessary to a choice of a chairman of a standing committee.

The amendment was agreed to; and


The rules as amended were then adopted.
On motion t y Mr. Orr,
Ordwed, That the President appoint thc committees on the part of
the Senate, under the iesolution this day adopted, providing for the
appointment of the joint corrirriittces on printing, on buildings for the
use of this Government, and on flag and seal of the Confederacy.
Mr. Phelan, Mr. Hill, and Mr. Clark w e ~ eappointed as the first
committee.
Mr. Burnett, Mr. Baker, and Mr. Davis as the second committee;
and
MY. Semmes, Mr. Preston, and Mr. Orr as the third committee.
On motion by Mr. Brown,
The Senate proceeded to tho consideration of executive business.
After which,
On motion by Mr. EIcnry,
Ordetvd, That MY.Phelan be substituted for Mr. Haynes on the
Committee on Enrollincnt, and Rngrossnient, and MS. Hay lies substituted for MI.. Phelan on the Committee on Post-Offices and Post-Xoads.
On motion by Mr. Barnwell,
The Senstte adjourned until to-morrow inorning at 12 o'clock.
EXECLJTTVE SKSSION.

On this day, for the first time, thc Senate of the Confederate States
of Anierica rcsolved itself into executive session;
When,
The assistants of the Secretary of the Senate, to wit: E. H. Stephens,
Assistant Secretary, C. 'I?. Bruen, ,Journal Clerk, and H. H. Hubbard,
Recording Clerk, came forward and took the oath of office, and mere
sworn not to divulge or disclose any niatter or thing coming to their
knowledge within the secret scssions of the Senate.
The following communication was received from the President of
the Confederate States:

R I C H J ~ ~ February
X~),
24, 1869.
To the Senate of the Confderatc States:
I nominate the officers UII the mmmpanying list to the rank affixed to their names,
respectively, agreeably to the recoiiiiaeiidatioii of the Secretary of War.
JEFFERSOK DAVIS.
COTFEDERATE STATES 03' AXERICA,\Val2 DEPARTMEXT,
Richmond, February 24, 1862.
SIR: I have the honor t o rccommend t h e following nominations for appointment
in the Provisional A r m y of the Confrtlcrate States of America, to take rank from date
of confirmation.
Brigadier-generals-~~.P. Hill, Virginia; J. JohnFton Pettigrow, Sorth Carolina.
I am, sir, very respectfully, your most obedient servant,
J. P. BENJAMIN,
Secretary of War.
To His Excellency JEFIWRSOS DAVIS,
Presideat, etc.

On motion by Mr. Hill,


Ordered, That the communication be referred to the Committee on
Military Affairs.
On motion by Mr. Clay,
The Senate resolved itself i n t o legislative session.

22

JOURNAL OF THE

[Feb. 26,1852.

WEDNESDAY, FEBRUARY
26, 1862.
OPEN SESSION.

A mesaage from the President of the Confederate States, bJ7Mr.


Robert Josselyn, his Secretary:
T~the Senate and House of Representatives qf the Confederate S k t e s :
to the constitutional provision requiring the President from time to
tirne to give to the Congress information of the state of the Confederacy and recommend to their consideration such measures as he shall judge neceqpary and expedient,
I have to communicate that since my message at t h e last session of the Provisional
congress events haire demonstrated that the Government had attelWted more than
it had power successfully to achieve. Henre, in the effort to protect by our arms the
whole of the territory of the Confederate States, seaboard and inland, ~e haye heen
so exposed as recently to encounter serious disasters. When the Confederacy was
formed the States composing i t were, by the peculiar character of their pursuits and
a misplaced confidence in their former associates, to a great extent destitute of the
means for the prosecution of the war on so gigantic a scale as that which it has
attained. The workshops and artisans were mainly to be found in the Northern
States, and one of the first duties which devolved upon this GoreSnment was to
establish the necessary manufactories, and in the meantime to obtam by purchase
from abroad, as far as practicable, whatever was required for the public defense.
No effort has been spared to effect both these ends; and though the results have not
equaled our hopes, it is believed that an impartial judgment will, upon f u l l investigation, award to the various Departments of the Government credit for having done
all which human power and foresight enable them to accomplish.
The valor and devotion of the people have not only sustained t h e efforts of the
Government, but have gone far to supply its deficiencies.
The active state of inilitary preparation among the nations of Europe in April last,
the date when our agents first went abroad, interposed unavoidable delays in the
procurepent of arms; and the want of a navy has greatly impeded our efforts to
import niilitary supplies of all sorts.
I have hoped for several days to receive onicial reports in relation to our discomfiture at Roanoke Island and the fall of Port Donelson. They have not yet reached
me, and I am, therefore, unable to communicate to you such information of those
events, and the consequences resulting from them, as would enable me to make recommendations fomidccl upon thc changed condition which they have produced.
Enough is known of the surrender at Roanoke Island to make us feel that it w a
dceply humiliating, hon ever imperfect may h aw been the preparations for defense.
The hope is still entertained that our reported losscs at Fort Doneison have been
greatly exaggwaied, inasmuch as T am not only unwilling but unable to believe
that a large army of our peo lc have surrendered without a desperate effort to cut
their way through investing Erces, whatever may have been their numbers, and to
endeavor to inrike a junetiou with other divisions of the Army. But in th'c abscncc
of that exact inforindion which can only be afforded by official reports, i t would be
promature to pass jndgment, and my own is reserved, as I trust yours will be, until
that infortn,ztion is reveived. In the meantime strmuous efforts have been made to
throw forward reenforeemnits t o the armies at the positions threatened, and I can
not douht that the bitter disappointments we have borne, by nerving the people to
still glr?flterexortions, will speedily secure results more accordant with our just expectation ant1 as favorable to our a w e as those which marked the earlier periods of
the war.
Thr repox'ts of the Secretaries of War and the Navy will exhibit the mass of resources
for the conduct of the war which we have been enabled to accumlllate, notwithstandills: the very serious difiiciilties against which we have contended.
P h C Y afford the elleering hope that our resources, limited they were a t the beginniW of the CoIlteAt, will during its progress kcome developed to such a n extent as
full to n-reet our future wants.
TylC Poli('Y of elllibtlnent for short terms, against which 1have steadily contended
from the C'ommcnccinent of the war, has, in my judgment, contributed in no immatwid de ree to the recent reverses which me have suffered, and even now renders
it (IiffiC'Uft fUrl&h YOU an accurate statement of the Army. When the war first
k)rokcout nlany of our people codd with difficulty be persuaded that it would be
'0% or serio~s. I t wits not deemed possible that anything so insane as a persistent
attelnpt to s11bjugak these States could be made, still less that the delusion would

Feb. 26, 1862.1

SENATE.

23

so far prevail as to give to t h e war t h e vast proportions which i t has assumed. The
people, incredulous of a long war, were naturally averse to long enlistments, and the
early legislation of Congress rendered i t impracticable t o obtain volunteers for a
greater period than twelve months. Now that i t has become probable t h a t t h e war
will be continued through a series of years, our high-spirited and gallaiit soldiers,
while generally reenlisting, are, from t h e fact of having entered the service for a
short term, corripelled i n inany instances to go home to make the necessary arraiigeinents for their families during their prolonged absence.
The quotas of new regiments for t h e war, called for from the different States, are
in rapid progress of organization. The whole body of new levies and reenlisted men
will probably be ready i n the ranks within t h e next thirty days. But, i n t h e meantime, it is exceedingly difficult to givc a n accurate statement of thc numbcr of our
forces in the field. They may, in general terms, be stated a t four hundred reginiente
of infantry, with a proportionate force of cavalry and artillery, the details of which
will be shown by the report of the Secretary of War. I deem i t proper to advert to
the fact that the process of furloughs and reenlistment i n progress for the last month
had so far disorganized and weakened our forces as to impair our ability for successful defense; but I heartily congratulate you that this evil, which I had foreseen and
was powerless to prevent, may now be said to be substantially at an end, and that,
we shall not again during t h e war be exposed to seeing our strength diminished by
this fruitful cause of dieaster-short enlistments.
T h e people of the Confederate States, briug principally engaged in agricultural pursuits, were iinproridetl a t the roiiiiiieii(eiiiCnt of hostilities ith ships, shipyards,
materials for ship building, or slrillcd mechanics and seamen in sufficient numbers
to make t h e prompt creation of a navy a practicable task even if the required nppropriations had been made for the purpose. Notwithstanding our w r y limited
resources, however, the report of the Secretary TI ill exhibit to you a satisfactory
progress in preparation, and a certainty of early completion of vessels of a number
and class on s hich ~5 e may confidently rely for contesting the vaunted control of the
enemy over our waters.
T h e financial system devised b y t h e wisdom of your predecessors has proved adequate to supplying all t h e wants of t h e GoTernment notn ithstanding the unexpected
and very large increase of expenditures resulting from the great augmentation in the
necessary means of defense. The report of thesecretary of the TreaPury will exhibit
t h e gratifying fact that we hare no floatiiig debt; that t h e credit of the Governn~ent
is unimpaired, and that t h e total expenditure of the GoveInment for the year has
been in round numbers one hundred arid seventy millions of dollars-less than onethird of the sum wasted by the enemy i n his vain effort to conquer us; less than the
value of a single article of export-the cotton crop of the year.
The report of the Postmaster-General will shokr the condition of that Department
to be steadily improving-its revenues increasing and already affording the assurance
that i t will be self-sustaining a t the date required by the Constitution, while affording
ample mail facilities for the people.
I n the Department of Justice, q hich includes the Patent Office and Public Printing,
some legislative provkions will be required, which will be specifically stated in the
report of the head of t h a t Department. 1invite the attention of Congress to the duty
of organizine a supreme court of the Confederate States, in accordance with t h e mandate of t h e eonstitution.
I refer you to my message coininunicated to the Provieioiial Congress i n November
last for such further information touching the condition of public affairs as it might
be useful to lay before yon, the short interval which has since elapsed not having
produced any material changes i n that condition other than those to which reference
has already been made.
I n conclusion, I cordially welcome representatives who, recently chosen by the
people, are fully imbued with their views and feelings, and can so ably adrise me as
to t h e needful provisions for the public service. I assure you of my hearty cooperation i n all your efforts for t h e common welfare of the country.
JEFFERSOX DAVIS.

The message was read.


Ordered, That it be laid upon the table and printed.
On motion by MF. Oldham,
Ordmed, That the President fill the vacancy existing in the Committee on Post-Offices and Post-Roads.
The IIon. Henry C. Burnett, a Senator from the State of Kentucky,
appeared, and having been qualified by taking the oath prescribed by
law, took his seat in the Senate.

JOURNAL O F THE

[Feb. 26,1862.

On motion by Mr. Hunter,


OrcJ&ed, That 500 extra copies of the message this day received from
the President be printed.
On motion by Mr. Hunter,
Ordered, That so much of the Presidents message as relates to the
Judiciary be referred to the Committee on the Judiciary.
On motion by Mr. Maxwell,
OrciHed, That so much of the Presidents message as relates to
patents be referred to the Committee on Patents.
Mr. Clay asked, and by unanimous consent obtained, leave to bring
in a bill (S. 4)supplementary to an act entitled An act to establish
the War Department, approved February 21,1861; which was read
the first and second times, by unanimous consent, and considercd as in
Committee of the Whole; and no amendment being made, it
reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time by Unanimous consent.
&soh&, That it pass, and that the title thereof be as aforesaid.
Or&&,
That the Secretary request t h e concurrence of thc House
of Representatives therein.
Mr. Simms asked, and by unanimous consent obtained, leave to bring
in a resolution (S. 2) relative to the public defense; which was read
the first and second t,imes, by unanimous consent, and referred to the
Committee on Military A f airs.
Mr. Phelan submitted the following resolution; which was considered, by unanimous consent, and agreed to:
Resolved, That the Committee on Cornmcrcc be instructed to inquire into the expediency of repealing all duties upon imports, of abolishing all ports of entry, of pieventing all exports froin the Confederate States, except by special permission of the
Government, and of requiring the masters or owners of all vessels landing a cargo
upon our comt, who desire to reload for exportation from this country, to submit a
manifest of the cargo so landrd to some designated authority of the Government,
with the ri lit, on the part of said aiithority, to grant or withhold the permission so
desired, an8 of enforcing the policy hereiii indicated by the most stringent penalties
and regulations; and that said committee report, as early as practicable, by bill or
otherwise.

Mr. Sparrow, from the Committee on Military Affairs, to whom had


been referred
A resolution in relation to tnliing possession and control, by the Government, o all the cotton, tohacco, rtnd other products within the lirnits
of tho Confodcrate Stntcs,
asked that tkc coimnittco he discharged from the further consideration of tho subject and that the same bo referred to the Committee on
Finance,
The motion was disyyeed to.
On motion by R h . bparrow,
O?d~ed,That the Committee on Military Affairs be discharged from
tho further considertition of a resolution of the North Carolina State
convention in relation to the battle at Roanoke Island, and that the
resolution lie upon tho table.
Mr. Henry aslccd, and by unanimous consent obtained, leave to bring
in a resolution (s.3 relative to compensation for cotton and tobacco
burnt O r OthrWise estroyed when liable t o fall into the hands of ,the
@ n e wwhich was read the first and second times, by unanimous consent, and referred to the Corninittee on Finance.

Feb. 27,1862.1

SENATE,

25

Message from the House of Representatives, by Mr. Dixon, their


Clerk:
MY. President: I am instructed by the House of Representatives to inform the
Senate that they have appointed on the Joint Conimittee on Public Printing, Messrs.
Barksdale of Blisbissippi, Jenkins of Virginia, A. R. Wright of Georgia, Menees of
Tennessee, and I>upr6 of Louisiana.
O n t h e Joint Committee 011 Public Ridding-, Xessis. Lyons of Virginia, Pugh of
Blatmiia, a n d Currill of Tennessee.
O n t h e Joint Committee on Flag and Seal, Xessrs. Boteler of Virginia, W. R.
Sinith of Alabama, and Gray of Texas.

Af ter the consideration of executive business,


On motion by A l 1'. fhynes,
O x h e d , That Mr. Yhelan be excused from serving on the Committee
on Post-Offives arid Post-Roads; and
On motion by Mr. Haynes,
Ordmed, That the I'residcnt fill the vacancy existing in said committee; and
Mr. Simms was appointed to fill said vacancy.
On motion by Mr. Siiiims,
&Zewd, That he 1)e rxcusrd from serving on the said Committee.
On niotioii hy Mi*. I l c n r ~ ,
OI*C~WPC~,
That the hill (S. 1)to legalize the organization of certain
cornpanies of T'cnnessce rollinteem since Ilecember 1,1861, be referred
to the Committee on Military Affairs.
On motion by MY. Johnhon,
O&r&, That the Committee on Pnhlic Buildings be requested to
inquire what rooins can be procured for the use of the committees of
the Scnatc, and to report the same to the Senate.
On motion by Mr. Hunter,
The Senate adjourned until to-morrow morning a t 1 2 o'clock.
EXECUTIVE SESSION

The Assistant Doorkeeper, Jlr. John Wadsmorth, came forward


and took the oath of oftive, and was s\\Torn not to divulge or disclose
any matter or thing coining to his knowledge within the secret sessions
of tlte Senate.
Mr. S1mrrow, from the Committee o n Military Affairs, to whom
was referred the rioininations of A. P. Hill and J. Johnston Pettigrew,
on the 25th instant, reported.
Whereupon,
B~,qol?)pd,
That the Senate d r i s e and consent to their appointment,
agreeably to the nomillation of the President.
8
On motion by Mr. Sparrow,
T h e Senate resolved into open legislative session.

THURSDAY, FEBRUARY
27, 1862.
OPEN SESSION.

Mr. Sparrow asked, and by unanimous consent obtained, leave to


bring in a bill (S.5) to provide for the payment of the balances due
those persons who, under the authority of the United States, took the
census of the State of Louisiana in the year 1860; which was read the
first and second times, by unanimous consent, and referred t o the Committee on Claims.

[Feb. 27,1862.

A message from the House of Representatives, by Mr. Dixon, their


Clerk:
______
Mp. &&?ide?Zt: The House of Representatives, on yesterday, passed a bill (8. 4) of
the Senate, to be entitled ,An act supplementary to an act ent!tled An act to establish the War Department, approved February twenty-one, eighteen hundred and
sixty-one.

Mr. Clark asked, and by unanimous consent obtained, leave t o bring


in a joint resolution (S. 4) pledging the Government t o maintain the
territorial integrity of the Confederacy; which was read the first and
second timcs and considered as in Committee of the Whole; and no
amendment being made, it was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution was then read the third time and passed
unanimously.
Ordered, That the Secretary- request
the concurrence of the House
of Representatives therein.
&fr,Dortch presented a resolution of the State Convention of Xorth
Carolina in relation to mints; which was referred to the Committee
on Finance.
Mr. Oldham presented a resolution of the legislature of Texas in
relation to the payment of census takers under authority of the United
States, for the year 1860; which was referred to the Conlmittee on
Claims.
Mr. Brown presented the memorial of X. 0. Davidson, praying for
aid iu the construction of a machine for aerial navigation; which was
referred to the Committee on Military Affairs.
On motion by Mr. Barnwell,
The Senate resolved into searet lrgislative session.
The doors being opened,
The President appointed Mr. Clark on the Committee on Post-Offices
and Post-Roads in place of MY. Phelan.
Mr. Orr, froin the committee to draft joint rules and orders for conducting business between the two Houses, made the following report;
which was agrecd to:
Joint rules nnd orders of the two Houses of the Confederate Congress.

I. In every case of an amendment of a bill agreed to in one House and dissented


to in the other, if either House shall request a conference and appoint a committee
for that purpose and the other House shall also appoint a committee to confer, such
committees shall, at a convenient hour to be agreed upon by their chairmen, meet
in the conference chaniber and state to each other, verbally or in writing, as either
shall choose, the reasons of their respective Houses for and against the amendment

and confer freely thereon.


11. When a inesswc shall be sent from the Senate to the House of Representatives
it shall bc annonnced at the door of the House by the Doorkeeper, and shall be
ies wtfnlly coniniunicated to the Chair by the person by whom it may be sent.
The same cereniony shall be observed v hen a message shall be sent f r o n ~the
IXouse of llcprcsentativcs to the Senate.
1V. Message:, sliall be sent by the Secretary or Clerk of either House, or their
n,rsiskmts, oi by a nreinber.
V. \Yliilc bills are on their passage between the two Houses they shall be on paper
and under tlie signature of the Sccretary or Clerk of each House, respectively.
11. After a bill shall have passed both Houses it shall be duly enrolled on parchment or pnpcr by the Clerk of the IIouse 01 Representatives or the Secretary of the
Senate, as tho bill may have originated in the one or other House, before it shall be
presented to the President of the Confederate States.
VII. When bills are rnrolled they shall be exainined by a jointcommittee of three
lroiu the Senate :mtl three from the House oi Represelltatives, appointed as a standing committee for that purpose, who shall carefully compare the enrolluient with the

h.

270

[Sept 10, ism.

JOURNAL O F T A X

The yeas and nays being desired by one-fif th of the Senators l)resent,
Those who voted in the affirmative are,
Messrs. Brown, Clay, Dortch, Haynes, IIenry, Hill, Maxmell,
Mitchel, Oldham, Peyton, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Burnett, Clark, Davis, Hunter, Lewis, Orr, Phclan, Preston,
Sirnms, and W igfall.
So the resolution as amended mas agreed to.
OTadered, That the Secretary request the concurrence of the Hoixbe
of Representatives therein.
On motion by Mr. Clay,
The Senate resolved into executive session.
Tho doors having been opened,
On niotion by Mr. Hunter,
The Senate adjourned until to-morrow morning at 12 oclocli.
SECRET SESSION.

On motion by Mr. Haynes,


Ordered, That the injunction of secrecy he removed from the proceedings of the Senate on the bill (S. 32) to furthei. provide l o r the

public, defense, approved April 16, 1862, and on the miendments


thereto.
On motion by Mr. Ybelan, that thc irijunction of secrecy bc ~ c m o v c d
from the proccedings of tho Senate on thc bill (S. 7) to regulate the
dcstl;uc.tion of property nndcr 1nilitai.y necessity,
On motion hy Mr. Wigfall, to aiiieizd the motion submitted by Mr.
lhclnii, so as to Y C I ~ O Vthe
~ injunction of secrecy from all the proccedings oi the Yeiiatc in secret legislative session,
On motion by BIr. IIuntcr,
Thct Senatc rcsolvcd into opcii legislative session.
KXKGUTIVE SESSION.

Mr. 01.1.su1)niittrtl the following i-cw)lutioii;which


ulld

TVW

considered

:1grecd to:

1<cdc( d , rhat tlic llcaidcnt be rrquestrd, if not inconipatible ivitli the, public
iiitcrrst, to c~oniinunicatcall the coriespoiitltmce I)ct\\veil this GOTeriiiiier~taiid our
millisters anti couiiiiissioneiri i n h r o p c , not heretofore Loiiiirluiiicated to the Senate.

On motion hy 3Ir. Clay,


O r d m d , That tho injunction of sccrooy bo removed from the
trcntics bctwccn tho 1rrdi;~nsand tlic Confcderatc: States.

O J1110th
~
hy h1r. EI:~y~ics,
The Sciiatc resolved into sccrct legislative scsbion.

Feb. 27, 1862.1

SENATE.

21

engrossed bills as passed in the two Houses, and correcting any errors that may be
discovered in the enrolled bills, and make their report forthwith to their respective
I-Iouses.
VIII. After exaniination and report each bill shall be signed in the respective
Houses, first by the Speaker of the House of Representatives, then by the President
of t h e Senate.
IX. After a bill shall h a r e been thus signed in each EIouse i t shall be presented
by t h e Secretary of the Senate to the President of t h e Confederate States for hi*
approbation (it being first indorsed on t h e back of t h e roll, certifyingin which House
thc smile oiiginated, M hich indorsement shall be signed by t h e Secretary or Clerk,
as t h e case may be, of t h e House i n which the same originated), and shall be entered
on the Journal of each House. The said Secretary shall enter upon the Journal the
day of presentation to t h e President.
X. All orders, resolutions, and votes which are to be presented to the President of
t h e Confederate Statcs for his approbation shall also, in the same manner, be previously enrolled, examined, arid signed, and shall be presented i n the same manner as
provided in the case of bills.
XI. When a bill or resolution which shall have passed i n one House is rejected in
t h e other notice thereof shall be given to the House in which the same shall have
passed.
XI]. When a bill or resolution which hail been passed i n one IIouse shall be rejected
in thc other it shall not he hroiight in dnring the same session without a notice of
two dxvs : i i d leare of two-thirds of that House in which it shall be renewed.
S I I f . 1Sach House shall transmit to the other all papers on which any bill or resolution shall bc founded.
SIT. Aftcsr each Iloiise shall have adhered to their disagreenieiit a bill or resolution shall be lost.
X V . N o spiritnous liquors shall be offered for sale or exhibited within any of the
rooms appropriated for t h e use of the Confederate Congress.
S V I . After the conimenceinent of t h e second or subsequent session of Congress
bills, resolutions, or reports M hich originated in either House and a t the close of the
next preceding session remained undetermined in eithrr Houue, may be resumed on
motion and acted on in the same manner as if an adjournment had not taken place.
XVll. The enacting words of all hills shall be The Congress qf the Cm2federnte
Stutes of America d o emct, and of all joint resolutions, Resolved by the Congress of
the CoifPdeiate States of America.

Mr. Phelan, from the committee, reported that they had examined
and found truly engrossed the bill (S. 4) supplcinental to an act entitled An act to establish the W a r Department, approved February
21, 1861.
On niotion by Mr. Clay,
O?*demd,That when thc Scnatc adjourn it be t o Saturday next at 12
oclock.
Mu. Henry subniitted the following resolution; which was considered and agreed to:
Ibsolved, That t h e compensation and mileage of the nicmbcrs of the Senate and
House of Representativcs be referred to the Committee on Finance, and that they be
requected to report a bill fixing the same.

Mr. Mitchel submitted the following resolution; which was considered and agreed to:
Resolved, That the Sergeant-at-Arms be instructed to purchase stationery for the
use of the inembers of the Senate, to an amount not to exceed ten dollars for each
Senator.

Mr. Phelan, from the Committee on Enrollment and Engrossment,


reported that they had examined and found truly enrolled the following bill and joint resolution:
S. 4. An act supplcnientary to an act entitled An act to estahlish the War Department; and
H. R. -. Joint resolution approving the resolution passed by the legislatiire of
Virginia, expressing her determination to vindicate her ancient boundaries.

JOURNAL OF THE

[Feb. 27, 1862.

SENATE.

Rlar. 1,1862.1

29

SATURDAY, NARCI-I
1, 1862.
O P E N SESSIOh.

Mr. Semmes presented the following memorials:


il iiiernoritil of nierchanh of SCWOrleans, praying a suspension of
tariff duties during the war: which i r a s referred to the Committee on
Finance.
L4iiieinorial of EI. Franko, of S c w Orleaiis, pmying for eompensation for l o w s sustained in coiiseqiien~eof being prerented hg the
authorities from returning t o Louisville to stand his trial for treason;
which wttb r e f e r i d to the Coininittee on Claiais.
A irieinorial of Charles A. Farwell, of New Orleans, part owner of
ship C. A. Barwcil, praying twnpcnsation for certain expenses out of
ds of prize; which was rcfcrrcd t o tlic (onitnittrc 011 Claims.
ess:igc from the President, bj- Mr. Bolwrt ,Josselyn, his Secrc-

tary :
lhe h?siticliit of 11i(, Coiiic~irr:~tr
Statcs, 011 Thnrurkty, the 27th of
(dx i t l sigiicd tlic followiiig c-iiiollctl bill\:
S.4. -\II act mpplemeiitaiy to an art entitled An act to establish tlic War
; alq
Dc~partmriit,appi o r e d Fc1)riiaiv P I , 1
s. 6. ,111 act to authorize ttir kiqxiikxi of the w i l t of liabcas corpus iii certain
Cases.
I also present, froin the President, a irieesagc in 11 ritiiig.
)\

Xr. Sparrow presented a cornniunictttion from J . J . Anionett in rclation to amending the seqiie~trationlaw; \vliich M its referred to the Coinniittee on the ,Judiciary.
Alr. Hemy, from the Committee on Jlilitnry Affairs, who was
instructed lsy a. resolution of the Scnittc to inquire into the snt)joct,
reported a hill (S. 7) t o rcgu1:ite the destruction of property under
military necessity; mhicli was read the first a n d second times, by
unanimous consent, and orderctl to be printed.
Mr. Rttyries otfcrcci an auieiiclnicnt to the bill hy W R J o f mhstitute
for tho third ~ c t i o n which
;
~ v a 5ordered to be printed.
0 1 1 inotion 1)y J J r . Sparrow,
The Sc>nittercwlred in to secret 1cgisl:itiw >ession.
The door, heing opened,
On niotion by Mr. Brown,
Orde.r*ed,That 2x11 further &ion on the bill (S. 7) to regulate thc
destruction of property under iiiilitary necessity be in secret legislative session.
On motion by Rilr. Brown,
The Senate again resolved into wrrct logi4ttivc session.
T h e doors being opened,
On motion by Mr. Ssmmes,
The Senate adjourned until Mondaj- irioriiing at 1 2 oclocl~
SECI<ET SF,SSTON.

A message from the President, by Mr. Robert Josselyn, his Secretary, was resd as follows:
To the Seiiate qf the Colzfedemte Fitcite?:
I herewith transmit the report of the Secretary of the S a v y , whicli I recommend
be considered in secret session.
JEFFI3RSON DAVIS.

[Mar. 3, 1862.

The report was read.


On motion by Mr. Brown,
Ordered, That it be referred to the Committee on Naval Affairs.
Mr. Brown presented a preamble and resolutions adopted by a meeting of cotton and tobacco planters held in the city of Bichmond on
the 27th instant [ultimo], urging the Government to adopt measures for
the purchase of the entire crops of cotton and tobacco now on hand
throughout the Confederacy, in order to prevent their appropriation
by the enemy; which mere read and laid upon the table.
On motion by Mr. Brown,
Thc Senate resolved into open legislative session.
Having again resolved into secret scssion,
On motion by Mr. Clark,
Thc vote by which the bill (S. 7) to regulate the destruction of property under military necehsity was ordered to be printed was reconsidcrcd.
MY.Hill then moved to amend the first section of the bill by inserting before the word property, in the sixth line thereof, the word
wrishable.
vending the remarks of Mr. Semmes on the motion to amend as
last aforesaid,
The Senate resolved into open legislative session.

MONDAY, MARCH3, 1862.


OPEN SESSION.

Mr. Orr submitted the following resolution; which was considered,


by untlnimous consent, and agreed to:
Rnolartf, That the President be requested to communicate to the Senate, in secret
wssion, if not incompatible with the public interests, the instructions to and correaponttence with all the coinmissioners of this Government now in Europe.

MY.Oldliain (by leave) introduced


A bill (S. 8) to repeal an act entitled An act to provide revenue
from coiriinoditics imported from foreign countries, and other laws
imposing dutics on imports;
which was r ~ t dthe first and second times, by unanimous consent, and
placcd upon the Calendar.
Mr. Rurnetl, from the coniniittee to procure rooms for the use of
tho cornrriittees of tho Senate, presented a report in relation to the
subiect; ivhic.11 was a recd to.
IIc d s o subniittJed t i e following contract to the Senate; which was
conaidered and agrecd to on their part:

RrcnJfoNn, March 1,1862.


to rent the four roonis recently occupied by the committees of the Pro1gres8, and the front room in the third story of satrle building, for the
8un1 01 $180 pr month, from the coniniencement to the end of the present session of

the Senate. This is to include water-closet, fuel, gas, and a servant to attend to the
rooim.
liespec-tfully,
HENRY EX ALL.
TO IIOL H. O. BURNEIF,
Ciui~man,etc.

on niotion by Mr. tfohnson,


The Senate resolved into secret legislative session.

SENATE.

Mar. 4, 1862.1

31

The doors being opened,


On motion by Mr. Clark,
The Senate adjourned until to-morrow morning a t 12 o'clock.
SECRET SESSION

The amendment proposed by Mr. IIill to the bill (S. 7) to regulate


the destruction of yropcrtj under military necessity, coming up as
the unfinished business of Saturday,
On motion by Mr. Johnson,
The same mas postponed.
Mr. Johnson (by leave) iritroduced
A hill (S. 9) to make Treasury notes a legal tender;
which was read the first and second times, by unanimous consent, and
referred to the Committee on Finance.
Mr. 13rown (by leave) introduced
A bill (S. 10) to authorizc the President to convene Congress at
extraordinary tinics arid places;
which was read the first and second times mid laid upon the table.
The Senate proceeded to the consideration of the bill (S.7) to regulate the destruction of property under military necessity; and the
question being upon the amendnient offered by Mr. Hill, viz:
I n the sixth line of the first section, before the word '. property,"
insert the word " perishable."
Mr. Hill (by leare) withdrew the same and offered in lieu thereof
the following amendment:
Strike out, in the sercnth line of the first section, the words " that
might be of usc to the eneinj " and insert i n lieu thereof the words
" which may aid the enemy in the prosecution of the war."
A message from the President of the Confederate States, by Mr.
Rohert Josselyn, his Secretary:
To the Senate cind IIouse of IZepresc~ntatacez:
I herewith transmit the report of the Department of Justice.
JEFFERSON DAVIS.

On motion by Mr. Clark,


The report was laid upon the table.
On motion by Mr. Clark,
The Senate resolved into open legislative session.
t

TUESDAY, MARCH4, 1862.


OPKN SESSION.

On motion by Mr. Hill,


Ordmed, That the Cornrnittee on the Judiciary be discharged from
the further consideration of t h e memorial of J. ,J. Amonett.
On motion by Mr. Johnson,
The Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Henry,
The Scnate adjourned until to-morrow at 1 2 o'clock.

Mar. 5, 1862 1

33

SENATE.

So the amendment was agreed to.


On motion by Mr. Orr, to lay the second and third sections of the
bill upon the tnble,
It was decided in the afliinnative,
- -- - - - -- - -- -- l6
._-.__.-__.....
5_ _ .
On motion by MI*.Sparrow,
1
The yeas and nays bcing desired by one-fifth of the Senators
present,
Those who voted in the affirmative are,
Messrs. Barnwell, R a k ~ r ,Burnett, Clay, Clark, Dortch, Haynos,
Hill, Maxwell, Mitchel, Orr, Oldham, Peyton, Preston, Semmes, and
S
imms.
Those n7ho voted i n the ne *ativearc,
Messrs. Brown, Henry, J o nson, Phelan, and Sparrow.
On motion hy Mr. Clay, to amend the first section of the bill by
inserting after the word authorized, in the fourth line, the words
and directed,
_ _ ._
__ .___
11_
I t was determined in the affirmative,
.- . _ _ _
10
On motion by Mr. Johnson,
The yeas and nays being desired by onc-fifth of the Senators
present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Ihrnett, Clay, Clark, Haynex, Hill, ,
Mitchel, Oldham, Yeyton, and Sininis.
Those who voted in the negative are,
Rlessrs. Baker, Dortch, Henry, Johnson, Maxwell, Orr, Phelan,
Preston, Sparrow, and Semnies.
M u . Brown moved to arnend the hill hy adding u t the end of the
first section the words

{ gzE

{ :$-

and for all property thus destroyed the Government of the Confederate States hereby
pledges itself to make compensation according to its true value.

Pending the considertition of which,

On motion by Mr. Henry,


The Senate resolwd into open iegislative session.

OIES

sE:ssIoK.

Mr. Haynes sulmitted the following rcsolution; wlijch


ered and agreed to:

W:LH

consid-

Resobw?, That the Committee on Finanre be reqiieated to inquire into and report
what coinpensation should be allowed to the various officers of the Senate.

Mr. Hill presented a resolution passed by a meeting of the citizens


of Troup County, Ga., sustaining the cause and authorities of our new
Government; which was read and laid upon the table.
Tvlr. Sparrow, from the Comnlittee on MilitarjT Aftnirs,to whom was
referred the joint resolution (1.R. -) declaring the sense of Congress in regard to reuniting with the United States, reported thc mne
without amendment.
The Senate proceeded to considrr the said resolution :is i n CoulmitC J-VOL

244-3

JOURNAL OF THE

hole; and no amendnient being- made, it was reported to

, That it pass to a third reading.


The resolution was read the third time.
- REsoZzred, That it pass.
Ordfled, That the Secretary notify the House of Representatives
thereof.
On motion by Mr. S arrow,
Ordered, That the ommittee on Military Affairs be discharged
from the further consideration of ;L resolution (s. 2) relatire to the
public defense, and that the same lie upon the table.
Mr. Hill, from the Committee on the Judiciary, to whom was
referred (in secret session) the report of the Department of Justice,
reported it back; and
On motion by Mr. Hill,
Ordered, That the said report lie uyon the table, and that 50 copies
thereof be printed for the use of the benate.
On motion by Mr. Burnett,
Opdwed, That the Committee on Claims be discharged from tile
further consideration of the meniorial of H. Franko, a n d that it be
referred to the Committee on the Judiciarj-.
On niotion by MP. Burnett,
Or&red, That the Committee on Claims be discharged froiu the
further consideration of the memorial of Charles A. Farwell, and that
the same lie upon the table.
On motion by Mr. Burnett,
Ordered, That the Committee on Claims be discharged froin the
further consideration of the joint resolutions of tho legislature of
Texas relative to the payment of census takers under authority of the
United Statcs, for the year 1860, and that they lie on the table.
On motion by Mr. Burnett,
Ordered, That the Committee on Glaims be discharged from the
further consideration of the bill (S. 5) to provide f o r the payment of
the balances due those persons who, under tho authority of the United
States, took the ccnsus of the State of Louisiana in the ycar 1860, and
that the 8anic lie upon the table.
On niotion by MP. Johnson,
The Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Barnwell,
The Sensltc adjourncci until to-inorrow niorning a t 1%
oclock.

SECRET SI2SSION.

A rnessage from the IIonse of Bcprcsentativeb, by Mr. Dixon, their


Clark:
Jfr. Prmkkttk I am instriirted by the IIouse of Representatives to inform the Sennto that they have paused B bill to be entitled An act to create t h e office of comtitauding general of the arniies of t h e Confederate States.
Also a joint rcsolutiori relating to the manner of paying mcmbrrs of the Provisional
Congrew the arrcarages of their pay arid mileage.
And that they have concurrcd in a joint resolution originating in the Senate pledging the Government to mibintain the territorial integrity of the Confederacy.

Mar. 5, 18F2.1

S E NATE

35

The President laid hcfore the Senate t,hefollowing message received


froin the President on yesterday:
To the Senate and IIOUSP
of Repuresentutives:
I herewith transmit the report of t h e Secretary of War, with accompanying doraments, inviting attention to t h e facts therein presented, and commend the recommendations to your favorable consideration.
JEFFERSON DAVIS.

Thc report mas read.


On motion by Mr. Clay,
Ordered, That it be referred to the Committee on Mi1itai.y Affairs.
The following message TT 11sreceived from the President of the Confederate States. by Mr. liohert Josselyn, his Secretary:
lo the Senate a d $louse qf lZepresentciti7~:

1herewith transmit to Congress the report of the Postmnster-General, and invite


attention to the recommrndations contained therein.
JISFPERSON DAVIS.

On motion by Mr. Spilr1*ow,


Om?eercd, That said report I)c referred to the Coininittee on PostOffices aiicl Post-Roads.
J
Sparrow)
On motion ~ J Xr.
The Senate proceeded to the consideration of the bill (H. It. -) this
dxy cominunicated from the IIonse to crcate the office of comni:tnding
general of the armies of the Confederate States; which was read the
first and sccond.times and coniidcrrd :tq i n Coininittee of the Whole;
and no ainendinent being iimdc, it w a b reported to the Senate.
Owl?eel.ed, That it pass to a third reading.
The said bill was read the tliircl time.
On motion bj- Mr. Sparrow,
Ode~ecZ,That it lie upon the table.
Fhe Senate proceeded to the consiclcration of the resolution (11.R. --)
rclnting to the manner of paying nierribcrs of thc Irovisiona1 Congress
thc nrrearages of their pay arid milcagc; IT liich isas read thc first and
scconrl times arid rcfcrrcd to the Coniinittrc on r
4 inancc.
The bill (S. 7) to regulate the destruction of propert3 under military
ncccssity, coming np as the unfinishcd busine\s of yesteiday, and the
question being upon thc aniendiiicnt proposed by Mr. Brown, viz:
A t end of first section :dd the words
ant1 l o r all property t l i n x tlcstroycd the (;o\-ernnient of the Confetleiate States hereby
pledges itself to inrrkc c o n i p e n ~ a t i o according
t~
to its true valne,

Brown (by lcare) withdrew the saiiie.


Mr. Sp~i-rowthen offercd an aniendnietit to tlic bill by way of substitute for the first section.
Mr. Phclan oifered RU aniendincnt to the last-mentioned amendment
Mlr.

by way of substitute therefor;


W hen ,
Mr. Hill moved to lay both of sttid aineiidrncnts upon the table.
Pending which,
On motion by Mr. Barn\\ ell,
The Senate resolved into open legislative session.

JOURNAL OF THE

36

[Xar. 6, 1862.

EXECUTIVE SESSION.

The President laid before the Senate the following COnlmuniCation


from the President of the Confederate States, received 011 yesterday:
TOthe Senate of the Confederate States:
I nominate the officers on the accompanying list to the rank affixed to their names,

respectively, agreeably to the rccommendation of the Secretary of W a r JEFFRRSOS DAVIS.

AMERICA,
T v A R DF:PJiRT.MEST,
Riclimo~acI,Xrirch 4,1862.
SIR:1 have the honor to recommend the following rioniinationb for alJ~loi1ltnlent
in the Provisional Army of the Confederate States u l hmerica.
CONFEDERATE STArEb OF

BTigadier-gmelnls.

Carter L. Stevenson, to take rank February 27, 1862, Tirginia.


Danville Leadbetter, to take rank February 27, 1862, Alabama.
William JV. Mackall, to take rank February 27, 1862, Maryland.
Charles S. Winder, t o take rank March 1, 1862, Maryland.
Itobcrt Ransom, jr., to take rank March 1, 1862, North Carolina.
John B. Hood, to take rank March 3, 1862, Texas.
l>an. M. Frost, to take rank March 3, 1862, Missouri.
W. F. Feattierston, to take rank March 4, 1862, Mississippi.
Thonias J. Churchill, to take rank March 4, 1862, Arkansas
William 13. Taliaferro, to take rank hIarch 4, 1862, Virginia.
Albert Rust, to take rank Marcah 4, 3862, Arkansas
1. R. CIebIirnp, to take rank PliIarc.11 4, 1862, Arkansas.
Rain. 1%.Bfnxcy, to take rank March 4, 1862, Texas.
Hamilton P. Hec, to take rank March 4, 1862, Texas.
I1 Ali1<8$SAS I1ATTALION.

Lie I Lennn
~
1-colonel
F. W.Desha, to takr rank .Tanwary 31, L8h2, .\rkansmq.
Jf/l)O?

J. N. Cypcrt, to t d c v ranlc J a n n a t y :31, 18ti4, A I

k:tllYas.

21 %isl(r?lt (ILnrlr~rll,ctxle/,
crril/l ?-cull; of cqtain.

p ( ~ ~ wyollr
i ~ lllobt
~ , obcdlcllt

J. 1. BENJAMIN,
Secretary of IVczr.

To IIIH l!kc.rlleiicy J i

on motion by MI.. rJohnSon,

Qt(z(^r.dd,Chat the co~niiiunitatioribc I*cfcrre(lto the Committee on


Military AtIa.irs.
On rtiotioii by RIP. 13:~rnml1,
Tho Setlftto rcsol\rd into open legislative session.

OI%K 81,h4ION.

hlr. I3arnwcl I. Fi~otntlic Collmzittce on Finance, who were instructed


b y ik rcsolulion of tlic, Sciiate to inquire into the subject, reported
A bill (S. 11) to regulatc the coinpensation of members of Congress;

87

SENATE.

Mar. 6, 1862.3

which was read tlie first :ind wc~oiid tiiiios arid coiisidered as i n Cotnrnittee of the Whole; and having hccn :mended, i t \v:w reported to
the Senate a i d the aincndincnts concurred in.
O?dereti, That tlie bill be engrossed and read a third time.
T h e bill tis amended was read the third time.
Brsolrvd, That i t pus, : L I ~th:Lt the title be :is aforesaid.
(2,That the Secretary request the concurrence of the E-Iouxe
cntativcs therciii.
A iiiessage froin the President of tlie Confederate States, by Mr.
Robert Josselyn, his Secretary:
.III. 1) e s i t l e d : I aiii directed 115 tlic, lresiclent to present to tlie Senate t v o coinnirinicatioiis in \\ ritiiig.

MY.13arnwel1,from the Committee on Finance, who were instructed


by :t resolution of tho Senate to inquire into the subject, reported
A bill (S. 12) to i~@nte tho conipensatiori of the officers of the
Senatc ;
which w:is read tho iirst and sccoiid tiincs :wid considered as in Conimittcv o f the Wholc; a i d thci l)litiiks i n the 1)ill h:iving 1)cen filled, it
W:IS I.cpOrtcd to tht: S(lll:Ltc.
Clr&c.).ed, That it be engrossed x i i d rcwd :I third time.
The bill was iead the third tiinc.
&cwdved, That it pass, tirid that the. titlc thereof
as aforesaid.
O I & I LThat
~ , the Secretary i ~ ~ 1tlw
~ con(urrciice
~ 1 ,
of the 1Ioase
of Rcpresontatives therein.
On inotion by MY. 23:~rnwcll,
The Scnnte resolvcd into escc:rt ivc session.
The doors being opened,
O n motion by Ilk. Mxx\\-rll,
The Senate adjourned until to-morrow nioi-iiing :it 1 2 oelock.
SECRIW

10s.

On motion by Mr. TTuntcr,


Lhc Senate pnssed by the nnfiniqhcd 1)nsiness of yesterday. being
the bill (S. 7) t o regulate the dcstriictioii of property under military

necessity, and procwdcd to the coiisidcrntion of t h e bill (H. R. --) to


create the oificc of comint~ndinggener:il of the armies of tire Confederate States.
The bill having 1)een considered as in Comniittee of the \\hole, and
no aincndrnent being made, it \va\ reported to the Scnnt e.
O r d m e t l , That i t pass to :L third rc:iding.
The said hill m m read the third tiine.
Brsolwtl, That it paw.
01~Ck:rd,
That tlic S(1cretary notify thc IIourc of Itepresontativcs
thereof.
T he Senate proceeded to the coilsideration of the hill (S. 7) to regulate t h e destruction of propcxty iindei. military ncccssity, it being the
unfinished busin
of yesterday; ant1 t l r ~qucction being upon the
motion to lay upon the tnhlc the mbstitritt. oflored b ~ Xr.
r
Sparrow,
together with the amenchnent thereto offered
Air. IhcIaIi, Mr. Hill
withdrew the same.
O n motion by Mr. Hill, to lay 011 the table the amenclnient offered
by Mr. Phelan t o the aincndrrierit offercd hy Mr. Sparrow, viz:
That tlie rotton ant1 to1):icc.o MIL
ion or iintlrr thc,

11itliiii tlrc liiirits of lhr. Coiifrtltwtte


i i i i i i i o ( 1 i : t t t control 01 tlw iiiit1ioritit.s of

St,ates, : i 1 ~ 1
the Uiritecl

38

JOURNAL OF THE

sbtm, js hereby condemned ancl appropriated to t h e

[lkr. 6 , 18~2.

UPC of t h e saiti Confederate


State; and the
of possession in and to control and dispose of the SRllle, divesting all private title thereto, is liereby declared to exibt O d y in the haid Confederate
States: Provided, That any citizen of said States inay consume, sell, or pulcliase such
articles as may be necessary for the use and ConsunVtion of him or
of
herself, or of his or her falnily; or for the purpose of manufacture within the h i t s
onfederate S b k s : And provided further, That this act shall not interfere
contract or obligation i n regard to said articles now existing hetv een any
the Confederate States and any State included within the same: d r ~ prod
&&a further, That the President may make such special contracts i n reference to tllc
a l e or other disposition of said articles during a recess of Congress as h e 11ray dcern
essential to the public welfare.
SEC. 2. Be it further enacted, That the faith of the Confederate States is hereby
pledged to provide a just compensation to the owners thereof for t h e cotton and
tobacco hereby appropriated to the use of said skates.
SRC.3. Be itfurther enacted, That any person who shall sell or attempt to sell any
of said cotton or tobacco, or who shall secrete or attempt to secrete the same, or who
shall purchase or attempt to purchase, or shall assist in any such sale, concealment
or purchase, or attempt to sell, purchme, or conceal any of said articles, contrary to
this act, shall be deemed guilty of felony, and on conviction shall he fined in a sum
not less than one thousand dollars and be imprisoned not less than one year; and, in
addition thereto, if such person be the owner thereof, shall forfeit all claim t o coiiipensntion for the cotton or tobacco of which he or she may be the omner.
SEC.4. Beitfurther enacted, That any person who shall sell or attempt to sell, or
con\rey or attempt to convey, any of said cotton or tobacco to a citizen of the United
States; or who shall place or expose the same where it may be obtained by any
citizen, agent, soldier, or officer of the United States, and with the intention of
giving information to or conniving a t the capture of said cotton or tobacco by any
such citizen, agent, officer, or soldier of the United States, shall be deemed guilty of
mispriuion of treason, and on conviction shall suffer death.
SIC. 5. Be ilfwther enacted, That all exportation of said cotton or tobacco, beyond
the litnits of the Coilfederate States, is hereby prohibited; and any person who shall
export or attempt to export, or who shall assist i n any such exportation or attempt
to export said cotton or tobacro beyond said limits, shall be deemed guilty of misprieion of treason, and on conviction shall suffer death; and all means of land or
water iwriage ctnployed in said exportation or attempt to export, if 60 employed
with the knowledge of the owner, shall be forfeited and condenined for the use of
the Confederate States.
SIT. 6. Be it f i l r l l w e?taeted,That the President is hereby authorized to issue his
proclniilrittion at any time, when the Congress is not in session, requiring all owners
of said cotton or tobactcco, and all persons holding possession of said articles on behalf
of mid owners, to deliver the same, within such time, at such places within the
Confederato States, to such persons as he may appoint, and under such regulations as
he iilay ado t. Upon the issuance of such proclamation the persons so owning or
holding s d a r t i c l e s shall deliver the same in obedience to its requirements. A list
shall be kept by the agents to whom said delivery is required to be rrlade of the
niullcs of all persons by whom, or an whose behalf, haid articles may be delivered,
tlic number of pounds of cotton or tobacco so delivered, the place of delivery, and,
as fltr as practicable, the average character and quality thereof; said lists, verified by
thct oath 01 the agents to whoin mid delivery may be made, shall bc filed and recorded
in the ollico of the Recrctmy of the Treasury. Any person v-illfully failing or refusillg
to cldiver said cotton when so required by proclaination as aforesaid, shall be deemed
gnilty of ftllony, and on conviction shall be fined in a slnn not less than one thousalld
dollars nnd be imprisonctl not less than ono year. should such person so failing or
rclnsirig be the owner of said cotton or tobacco, lie or she shall forfeit all claim to
(WlIll)cll8ati(~n
from the Confcttcrate States for said (sottot1 or tobacco, 51nci tile presi:tj atlopt 0tht.r IrleziIls to obtain the dclivery or poflsessionof the same.
7.
i t j ~ ~( w
~ wt ~h N ~That
,
U ~ O the
I ~ delivery anct receipt of said rotton alld
aforcsaitl, 110 g ~ l l ~ r saIc
a l or other dispositioii of the
shall be lnac\e
h t with thfi qqmbation Of Congress, to provide for which the Presidelit is authorized, if he d c c ~ niieceasat y, to (~onvc~nc
B special session of t1,e banle,
SEc.8. hc it.ftlrlhe) e ~ ~ t r C l C dThnt
,
all nlihtary coiiiirianders are hereby a,ltl,orized to
(IIWW thb (Moll i ~ tobacco
d
wittiin dpsignated lil1>itsto be (leetroyed whenever, in
thcir viiliOlh a lX?~Wllable
probability <?&t$that said staples lnay fall into tho hands
nllihr the (olholof the United Mlrttes, or ic hene\rer directed by the president to
(mM
slldl ct@strWtiOlI;
and whenever, in tli(.ir opinion, such probability does exist,
whibllever80 dircctctl by the ~ ~ c s i d e nPait1
t , c*oriiinandersarc ryquired inlrrlediatcly
to M I ~ mt:l1
P ~ measures as will uiost specdi~
y mid inevitably Secure the de8trdction of

Mar, 6, 1862.1

39

SENATE,

said articles. Upon any such destruction the said tominanderr are required to adopt
srrcli measures as they may deeiu beit, o r : t i they j i i a j be tlirrctcd by the President to
pursue, in ascertainiiigantl preseri ing the nani(s o f tlic 0x8 iiers, tlie number of pounds,
and the quality of the staples so destroyed.
SEC 9 Be itfurthe,. enncted, That the pro1 isinns of an act entitled An act to perpetuate testimony i n caws of dares ahtltic.td or harhoretl hy t h e enemy, and of other
property seized, n astcd, or destroyed b y theni. appro! eti August thirtieth, eighteen
liuntlred and sixty-one, s1i:~llapply l o t h e destroctioii of cotton and tobacco, within
the liiiiits de-ignated, after proclamation 1)y said coinmanders, and v hether destroyed
through the agency of those officer? or voluntarily b y the citizens residing within said
limits: Provided, That tlie said prrool blinll be filed iii tlic office of the Secretary of t h e
Treasury of the Confederate States.
SEC.10. T3e it further mcrcted, That f i \ ( thousand copies of this act are authorized
to be minted: and that the sainr be distributed, a s soon as nossible, among the
Confedelate States,
Y

It mas determined in the affirmtttive, and the itmendment laid upon


the table.
On inotion by Mr. Hill, to Iny oil thc t:ihlc the aniendinent offered
by Mr. Sparrow, viz:
Strike out all after the cnixcting claiiw and insert:
That the military authorities of tlie Conietleracy be, ;mil they ale hereby, authorized and directed to destroy all cottoil aiicl tobacco, \\ lien such clestruction IS necessary to prevent the same from falling iiito tlic hands ot the eneiny.
SEC.2. That compensation shall lie nmle to the o n ncrs of the cotton and tobacco
thus destroyed, for its value a t the tinic of its destruction, i n bonds of this Confederacy, payable a t the expiration of fifteen ycars, and bearing eight per cent interest,
payable semiannually, t h e interest to comiiience runniiig u hen the blockade is raised.
SEC.3. That to proride a fnnd for tlir pnj irient of mid bonds, and the interest
of one cent a pound upon all
thereon, there shall be an expoi t duty of thrrc-eigl~tl~s
cotton and tobacco exported from the Contetlcracy, ant1 the ainonnt raised by t h e
duty o n the export of cotton shall bt. approprlnted to tlie paynient of t h e bonds
issued for cotton destroyed, and the aniount r a i d by duty on tobacco shall be appropriated to the payment of the bonds irsued for the tobacco dcstroycd; it bcing understood that said bonds, when issued, are not i n m y \\ a y to be a chargc on the Treasury
above or bcyond the amount raised by said export duties as above stated.
SEC.4. That all owners of cotton or tobacco who shall destroy the same when
necespary to prevent their falling intp the hands of the eneiny shall be indemnified
for the loss in the same inanner as i f the same had heen destroyed by the military
authorities aforesaid. Provide(1, Full proof is niacle of the value of said property so
destroyed and of the necebsity of destroying the same to prevent its falling into the
hands of the enpmy.
SEC 5. That if any o\$ ncr of toltacco or cotton shall willfully or negligently perinit
the same to fall into thc. hands of the encinv, when h c had probable cause for believing t h a t such would be the result of his failing to dehtroy t h e same, such owner shall
be guilty of a high misdemeanor and shall Ite pmnishcd by fine and imprisonment,
- _._
12It mas decided in the affirmittivc,
- . _. .._10

{;,g:

On motion by Mr. Sparrow,


The yeas and nays being desired by one-tiftli of thc Senator5 present,
Those who voted in the affirnrative are,
Messrs. Barnwell, Baker, Burnett, Clay, Clixrb. IInyiirs, IIill, Hunter, Maxwell, Orr, Preston, and Rigfall.
Those who voted in the negtttirc are,
Messrs. Dortch, Henry, Johnsoir, Nitchel, Oldham, Phelan, Peyton,
Sparrow, Semnies, and Simms.
On motion by Mr. Johnson, to amend the bill by adding the following section:
SEC.2. B e it further enacted, That the owners of property tlcstroyed under t h e operation of this act, as well as those persons who shall ~~oluntarilydestroy
their property
to prevent the same from falling into thc hands of the enemy, are liereby authorized
to perpetuate the testimony of piich dcstrnctlon, in the manner prescribed by a n act

JOURNAL OF TBE

40

[Mar 6, 1862.

of the Provisional Congress, entitled An act to perpetuate testimony i n cases of


slaves
or harbored by the enemy, and of other property heiLet1,
destroyed by them, approved thirtieth Augubt, eigliteeri hundred a i d
and s,lc~lowners and persons shall be entitled to indelnllity out of the
property sequestered and confiscated under the laws of the Confederat
such manner as Congress may hereafter ProTide,

Yeas.

It was determined in the affirmative,


On motion by Mr. Orl-,

. . . . . . .

.............

19
3

The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Baker, Clay, Clark, Dortch, Haynes, Ilenry, I-Iill,
Hunter, Johnson, Maxwell, Mitchel, Oldham, Phelan, Pcyton, Sparsow, Seinmes, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. Burnett, Orr, and Preston.
The aiiiendments having been agreed to, the bill was reported to thc
Senate and the amendments concurred in.
Ordwed, That the bill be engrossed arid read a third time.
The said hill was read the third time, and thc title was amended.
Ra.qoD/~ed,That itpass, and that the title thereof be An act to regulato the destruction of property under military neccssity, and to provide f o r tho indemnity thereof.
The Senate proceeded, as in Conmiittee of the Whole, to consider
the joint resolution (11. 1%.
--) to appoint a committee t o act in conjunction wilh the Pre.;ident in relation to certain subjects therein
named.
Tho resolution having been aniendcd on motion by Mr. Rixrnett, by
striking out the word States, in the tcnth line, and inseiting in lieu
thercof the word State and by striking out the words Kentucky
and Missouri, i n the clcventh line,
On motion by Mr. Haynes,
Ordmed, That it lie upon the table.
Mr. UiLrnwdl, from tthe Conimittec on Finance, to whom was
refcrr~dthe joint rcsolntion (13. B. -) relating to the manner of
p:Lying m m b e r s of the Provi&nnl Congress the arrearagcs of their
pay
nnd mileage, reportcci it without amendment.
?
Thc Senate iroccedcd, as i n Committee of the Whole, to the considerntion of sai resolution (11. B. -), and having been amended, on
motion by MY.s&trilwcll, 1)y qtrilring out the follo\ving words, viz:

fW7

idPtl, T h t 110 I l l ~ Y I l b C lOf the Provisional Congress


- h l l bc cut itlctl to constriic~ti~y~
mileage,

11 110

is L: ltlember of this

rho resolution TVIIC; reported t o tho Senate and t11e amendment concurred in.
~ ) k h dJ?h:lt
, the resolution bc read a third tilnc.
J?hastlid resoliition was read th(: third time.
~ ~ ~ ~ o lThat
t ) e d it, pass, with an amcndtnent.
()p(f(rcd,Thfit thc Secretary recluest the conqLlrrence of the House
of Representatives i ti tlrc amendment.
On motion by Mr. Maxwell,
[hc Seiititt: resolved into open legislative spssion.

41

SENATE.

Mar. 6, 1862.1

The President laid befoi-e the Senate the following connniiiiication


from the President of the Confederate St,ates:
I~ICHXOND,
ilhrch

6 , 1~61.

7'0 the Senate of the Confedemte ,S'tates:

I noniinatc Sterling Price, of Missouri, to be a major-general, agreeably 1.:) the recominendatioii of the Secretary of War.
JEFFERSON DAVIS.
C>ONFEDERATE 8PATICS OF

AX ERICA, W A R DEPARTXENT,
Richmond, March 5, 1862.

SIR:I have the honor to recommend the nomination of Sterling Price, of Missouri,
to be a major-generd in t h e Provisional Army of the Confederate States of America,
to take rank from the date of confirmation.
I am, sir, respectfully, your obedient servant,
3..'1 BENJAMIN,
Secretary of War.
To His Excellency Jmwmsox DAVIS,
President, etc.
r ,

.Ihe messnge wvas read.


The Senate proceeded to the consideration of the noniinatioii of
Sterling Price; when it WRS
ResoZved, That the Senate advise and consent to his appointment as
major-general, agreeably to the nomination of the President.
The President laid beforc the Senate the following communication
from the President of the Confederate States:
Rrcnnroiin, i\kircli 6 , 1862.

To the 8tnute of the Confederate AStrrtps of hnericcr:


I non1inat.e the officers named in t h e annexed letter of the Secretary of the Navy,
agreeably to h i s recommendation.

JEFFERSON DAVIS.
CONFEDERATE
STAms, SAVY
DEPARTMRNT,
Riclimond, Mmxh 6, 1x69.

To t h e PRESIDEXT.
SIB: I hare the honor to reconiinend the following nominations f o r appointment
in 1 . k Navy and Marine Corps of the Confedernte States:
S.1I-Y'

1,irutcncriil.

Joseph 1). Blake, of Xorth Carolina, late a 1ieutc:nnnt in the Cnited States Wavy.
IlSSiSlUlll

s/Lrgcon.

James W. Tlerty, of Georgia, late an assistant surgeon i n the Uilitetl States Navy.
X A R I N R COIIPS.

Qvnr/ennctster.

Algernon S. Taylor, of Virginis, captain in the Confederatc States Narine Corps,


vice 8. Z. Gonzales, resigned.
With inuclt respect, your obedient servant,
S. R. M A L L O R T ,
Secrettrrg of Ute I V a ~ ~ .

The message was read.


On motion hy Mr. Sparrow,
6 k b e d , That the nominatiow be referred to thc Committee on
Naval Affairs.

JOURNAL O F THE

[Mar. 7, 1862.

Mr. Sparrow, from the Committee on Military Affairs, to whom


*

was referred (on the 5th instant) the nominations of Carter L. Stellen-

son, Danville Leadbetter, William W. Mackall, Charles S. minder,


Robert Ransom, jr., John B. Hood, Dan. M. lrost, %. S. Featherston, Thomas J. Churchill, William B. Taliaferro, Albert Eust, P. It.
Clehurne, Sam. B. Maxey, and Hamilton P. Bee, us brigadier-generals;
F. W. Desha, as lieutenant-colonel; J. N. Cypert, as malor; D. S.
Fraly, as assistant quartermaster, with the rank of captain, reported
them back with the recommendation that they be confirmed with the
exception of Dan. M. Frost.
Mr. Semmes moved to lay the nomination of Charles S. Winder on
the table; which was agrced to.
After which it was
REsohved, That the Senate advise and consent to the foregoing a pointments, with the exception of Charles S. Winder and Dan.
Frost, agreeably to their nomination by the President.
Onmotion,
O~dued.That the nomination of Dan. M. Frost lic upon the lal)le.
On motion by Mr. Hunter,
The Senate resolved into secret legislative session.

8.

FRIDAY, MARCH7, 1862.


OPEN SESSION.

Mr. Maxwell submitted the following resolution; which was considcred and agreed to:
Itesolved, That the Judiciary Committee be instructed to inquire into the expediel~cyof reporting a bill to carry into effect the latter clause of the second part of
section six of the first article of the Constitution, and report by bill or otherwise.

A mossage from the House of Reprcsentatives, by Mr. Dixon, their


Clerk :
dfi. Prcsident: The IIouse of Representatives yesterday passed a bill to be entitled
An act to atncnd an act entitled An act in relation to public printing, approved
February t\vent p-seventh, eighteen hundred and sixty-one.
Also, a b i l l to be entitled An act to provide for the destruction of cotton, tobacco,
and ott,yr property, when t h e same shall be about to fall into the hands of the
enem p.

The Senato proceeded to the consideration of the bill (H. R. -) to


amend a n act ctltitlcd An act in relation to public printing, approved
Icbruary 27, 1SG1; whic.11was rcad the first and second times and referred to the Cominittec on Printing.
ML.thelan, from the Cornniittee o n Printing, to whonl was referred
the bill (II. It. -)to anmid a n act entitled An act in relation to puhlic. printJing, approved Fchruary 27, 1861, reported it hack without
ametidment.
u
The Yt?,natc procecded to consider the hill, as in Committee of the
Wholc; wid no nnicndnicnt being made, it was reported to the Senatc.
O d e w d , hat it pass to a third reading.
s
the third tinle.
The bill ~ i i rc:ad
RewluetE, Tllltt it pass, and that the title thereof be as aforesaid.
OrtJ~,retJ,That the Secretary notify the I-Iousc of Representatives
thereof.

Mar. 7, 1862.1

IJRNATE.

43

Mr. Maxwell, from the comniittce, rcported that they had examined
and found truly curollcd the resolution (S. 4) pledging the Go17e1-nment to maintain the territorial integrity of the Confederacy.
On motion by Mr. Haynes, t o reconsider the vote by which the bill
(S. 12) to regulate the compcnssltion of the officers of the Senate was
passed,
It was decided in the negative.
On motion by Mr. Barnwell,
The Senate resolved into secret legislative sesdon.
The doors being opened,
On motion by Mr. Clay,
The Senate adjourned until to-morrow morning at 12 o'clock.
SECRET RES810N.

On motion,
Ordeiwi, That the Secretary communicate the passage of the bill

(S. 7) to regulate the destruction of property under inilitary necessity,

and to provide for the indeninitj thereof, to the House of Kepreseiitativcs and request their concurrence.
The bill (FI. B. -) to provide for the destruction of cotton, tobacco,
and other property, when the smie shall be about to fall into the
hands of the enemy, was read tho first and second times; and
On motion by Mr. Darnwell,
Ordered, That it lie upon the table.
On motion by Mr. Clay, the Senate resolved into executive session.
The Senate being again resolved into secret session,
Mr. Hill submitted the following resolution for consideration:
Resolved, That members of the House of Representatives will not be excluded from
witnessing the proceedings of the Senate during secret legislative scesion.

Mr, Henry submitted the following resolutions; which were considered and agreed to:
ResoZved, That the Committee on 3Iilitary Affairs he instructed to inquire into t h e
necessity of increasing the number of soldiers in t h e field, aiid the organization of
camps of instruction in every State; and what appropriations ought to be made for
those purposes, and for an increase of arms for the public defense; and that they
report by bill or otherwiae.
Resohed, That t h e Committee on Raval Affairs be instructed to inquire u hat increase
of war steamers and gunboats ought to be made for the defense of the coast and t h e
rivers of t h e Confederacy, and what appropriations ought to be made for those purposes; and that they report by bill nr otherwise.

On motion by Mr. Barnwell,


The Senate resolved into open iegislntiw session.
EXECUTIVE SESSIOK.

On motion by Mr. Clay,


The Senate proceeded to the consideration of tho nomination of
Charles S. Winder as brigadier-general; when it was
Besohen, That the Senate advise and consent to his appointment,
agreeably to the nomination of the President.
On motion,
The Senate resolved into secret legislathw session.

JOURNAL OF TEE

44

SATIJRDAY,

MAItGH

[Mw. 8, 1862.

s, 1862.

OPEN SESSION.

Mr. Baker (by leave) introduced


A bill (S. 13) relating to prepayment of Post%?;
.ivhichwas read the first and second times and referred to the Committee
on Yost-()ffices and Post-Rods.
Mr. Semmes (by leave) introduced
A bill (S. 14) to repeal sections 45 and 46 qf an ?ct of the Provisional
Congress, entitled An act to establish the judiclal courts of the Confederate States of America, approved March 16, 1861;
which was read the first and second times and referred to the Committee on the ,Judiciary.
Mr. Haynes (by leave) introduced
A bill (S. 15) to p ~ for
y horses lost in the military service of the
Confederate States;
which was read the first and second times and referred, with the
accompanying papers, to the Committee on Militarjr Affairs.
Mr. Haynes submitted the following resolution; which was considered and agrced to:
Resolved, That the Committee on Military Affairs be instructed to inquire into the
expediency of reporting a bill to increape the inonthly pay of the volunteers who now
are, or who shall hereafter be, enga ed in the service of the Confederate States, as
follows: To a sergeant-major of cavafry, twenty-five dollars; fiixt sergeants, twentyfour dollars; sergeants, twenty-one dollars; corporals, farriers, and blacksmiths,
seventeen dollars; musicians, seventeen dollars; and privates, sixteen dollars.
Sergeants-major of artillery and infantry, twenty-five dollars; first sergeants, twentyfour dollars each; sergeants, twenty-one dollars; corporals and artificers, seventeen
dollars; musicians, sixteen dollars; and privates fifteen dollars each. The noncommissioned officers, artificers, musicians, and p h a t e s serying in li,eht batteries to
have the same pay as those of cavalry.

Mu. Sparrow and Mr. Hill presented resolutions pssscd by the legislatures of their respective States in relation to the subjecl of the foregoing resolution; which mere referred to the Committee on Military
Affairs.
On motion by Mr. Oldham,
Ordewti, That 100 copies of the report of the Postmaster-General
Be ril~tcdfor the use of the Senate.
motioii 1)y MY. ill,
Tho
Senate rcsolvcd into secret legislative Yession.
r 7
Lhe doors l~cingopened,
MY. Sjen~messubmitted the following resolution; which mas considered l i d agrccd to:

8n

h K h d , That the Coininittee on Naval Affairs be directed to inquire into the


~~~p(?diWt!y
Of prOVidil1g by law for proniotions in the Navy, or the conferring of
brevet' Utilli, b ~ c on
d dixtinauished services or gallant conduct in naval engagements
dllr@g thP ptYWi1t war, and to report by bill or otherwif;e,

My.
submitted the following resolution; which was considered
andugree to:

12esolr4 That the Conimittec on Accounts be instructed to inquire into the proper
lnethod Of auditing the accounts of Senators and ail officersofthe Penate, of certifying
the a&1nci,and of iSSUi1lg drafts 011the Trcasiiry for the payment thereof; and also
the IlM?thOd Of disbursing the contingent fund ofthe Senate, m d that they reportby
Id1 or otherwise.

45

SENATE.

Mar. 8, 1862.l

Mr. Phelan submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee 011 Military Affairs be instrucated to inquire into the
expediency of providing for t h e einpioyment and payment of negro musicians in the
Army of the Confederate States.
i

il, message from the House of 12epresentatives, by Mr. Dixon, their


Clark:

Ilir. President: The House of Representatives yesterday paqsed a bill of the Senate
(S. 7) to regulate the destruction of property under military necessity, and to provide
for the indemnity thereof.

On motion by Mr. Sparrow,


The Senate adjourned until Monday morning at 12 oclock.
SECRET SESSIOh

Mr. O r r submitted
A resolution requesting the President to instruct Mr. ,John Slidell,
commissioner from this Government, to His Majesty Louis Napoleon,
Emperor of the French, to propose to His Majesty terms for a treaty
of amity and coniinerce b c t x w n the two Governments;
\tliich was referred to the Committcc on Foreign Affairs.
A niessage from the President of the Confederate SjttLtcs, by Mr.
Eohert Josselyri, his 8ecretar.t.:
To the Seiante mad Tlou\c

of

IZrprcsentcltiw of the Coiifcdwnte

4St(it<s:

I herewith transmit the report of the Buperintcnclent of Public Irinting, which


should have accompanied the report of the Attorney-General, heretofore submitted.

The message W R S read.


On motion,
Ordered, That the report of the Superintendent o f Public Printing
be referred to thc Comrriittee on Printing.
The Senate proceeded to the consideration of tho rcsolution submitted hy Mr. Hill, on yesterday, providing for the admission o f
mcmhcrs of the House of Rapresentativos t o the secret sessions of the
Senate;
When,
After debate,
Mr. Hill withdrew thc r a d u t i o n .
Mr. Hunter submitted the following joint resolution; which mas
considered and agreed to:
Resoli cd by the Coiagrcss of the C h ? f r . t J u ~ ~ Slcttes
te
qf Aiiiei*icrr, That the mrmbers of
the tivo Houses may confer with each other, confidentially, upon measures which
have been or are under consideration i n Ferret legislative session i n their respective

Houses.
Orderd, That thc Secrctary communicate the passage thereof

the HOLUC
of Representatives.
Mr. Simms submitted the following resolution for consideration:

to

Whereas the present condition of our country dt.niands the highest and most disinterested display of patriolisni on the part of those no\\- controlling her destiny; and
confiding in the ability of the President, and beiirving and knowing that the act
would be with one accord indorsed b? the rn hole people, wonld inspire an enthusiasm in the piiblic heart that w x ~ l dinsuie unity of action in our councils arid success
in our arms upon the battlefield and forevx associate the name of our Chief Xagiqtrate with those who have sacrificed all to a lore of cou
Besolid by the Congress of the Confctlwaic &fatea qf , t i
dent feel authorized by his Beme of public duty to assume coniiriaiid of t h e Army he
would render to his country tho highest service a t this crisis in her history.

JOURNAL O F THE

On motion by Mr. Clay,


The Senate resolved into executive session.
The Senate having again resolved into secret session,
On motion by Mr. Semmes,
The Senate resolved into open legislative session.
EXECUTIVE SESSION*

A message frop the President of the Confederate States, by Mr.


Robert Josselyn, his Secretary:
TOthe Senate of the Confederate Rates:
I herewith transmit to the Senate the following nominations as recommended by
the Attorney-General, viz
B. M. Estes, to be distrlct attorney, and W. W. Gates, to be marshal of the western district of Tennessee.
Jesse B. Clements, to be marshal of the middle district of Tennessee.
William H. Crouch, to be marshal of the eastern district of Tennessee.
JEFFN DAVIS.
COXFEDERATE
STATESOF ANERICA,
DEPARTMEST
OF JCSTICE,
Richmond, March 7, 1862.
SIR: I respectfully recommend that the following appointments to office be made
in the State of Tennessee:
B. M. Estes, of Memphis, district attorney of the western district, and W. W.
Gates, of Jackson, marshal of the same.
Jesse B. Clements, of Nashville, marshal of the middle district.
William H. Crouch, of Jonesboro, marshal of the eastern district.
I am, sir, your obedient servant,
THS. BRAGG.
To the PRESIDENT.

On motion,
Ordered, That the foregoing nominations be rcfcrred to the Committee on the Judiciary.
Mr. Brown, from the Committee on Naval Affairs, to whom was
referred the nomination of Joseph D. Blake, of North Carolina, as
lieutcnant; James W. Herty, of Georgia, as assistant surgeon; and
Algernon S. Taylor, of Virginia, as quartermaster, reported, with the
roconimendation that all of said nominations be confirmed.
Whcreu on, it was
7 2 ~ o l u e $ That tho Senate advise and consent to their appointrncnt,
agreeably to the nomination of the President.
On motion by Mr. Semmes,
Tho Scnatc resolvcd into secret legislative session.

MONDAY, MARCH10, 1862.


OPEN SESSION.

The President laid before the Senate a communication from M.


Dickson, in relation to the suspension of mail service on the Sabbath;
which was referred to the Conmittee on Post-Offices and Post-Roads.
On motion by Mr. Baker,
O~dwed,That the Hon, A. E. Maxwell have leave of absence from
the sessions of the Senate.
Mr. Dorbh presented the claim of W. M. Thompson, for taking
the census in the western district o Wake County, N. C., for the
ycrtr 1860; which, on his motion, was laia upon the table.
-

. .

Mar. 10,1862.1

SENATE.

47

Mr. Haynes presented a memorial of ladies of Bristol, praying for


the suppression of the manufacture of spirituous liquors; which was
referred to the Committee on Military Affairs.
Mr. Barnwell, from the Committee on Finance, reported
A bill (S. 16) relative to the estimates of the several heads: of Departments;
which mas read the first and second times.
On motion hy Mr. Barnwell,
Ordered, That it be placed upon the Calendar and printed.
On motion by Mr. Mitchel,
Ordered, That the Committee on Accounts be discharged from the
further consideration of the resolution inquiring into the proper
method of auditing and paying the accounts of members and officer*
of the Senate, and of dishursing the contingent fund of the Senate;
and that t h e same be referred to the Committee on the Judiciary.
On motion by Mr. Brown,
Ordered, That the Committee on Naval Affairs be discharged from
the further consideration of a resolution inquiring What increase of
war steamers and gunboats ought to be made for the defense of the
coast and the r i x r s of the Confederacy, and what appropriations ought
to he made for those purposes; the subject of the resolution being
already before the committee.
A message from thc House of Rcprcsentatives, by M r . Dixon, their
Clerk:
MY.President: The Speaker of the Hniipe of Reprei.entati\-es having signed the
following enrolled joint resolutions and hills, I a m directed to bring them to the
Senate for t h e signature of their President:
S. 4. A resolution pledging the Government to maintain t h e territorial integrity
of the Confederacy;
H. R. -. A resolution declaring the eense of Congress in regard to reuniting with
the United States;
H. R. -. A bill to create t h e office of commanding general of the armies of the
Confederate States; and
H. R. -. A bill to amend an act entitled An act in relation to public. printing,
approved February 27, 1861.

The President having signed the enrolled joint resolutions and


enrolled bills last nanicd, they were delivered to the Secretary, to
be by him forthwith presented to the President of the Confederate
States.
A message froin the President of the Confederate States, by Mr.
Robert Josselyn, his Secretary:
Mr. President: I am directed by the Prcbitlrnt of the Confederate States to present
to the Senate a message in writing.

On motion by Mr. Semmes,


The bill (S. 5) to provide for the payment of the balances due those
persons who, under the authority of the United States, took the census of the State of Louisiana in the year 1860, was taken from the
table;
When,
After debate,
On the question,
Shall the bill be engrossed and read a third time4
It mas decided in the negdtive.
So the bill was rejected.
On motion by Mr. Hunter,

48

[ i l h r . 10, 1862.

JOURNAL OF THE

The Senate resolved into executive session.


The doors being opened,
Mr. Brown, from the Committee on Naval Affairs, reported
A bill (S. 17 to encourage enlistnlents in the Corps of lllarines ;
which was rea the first and second times and laid upon the table.
On motion by Mr. Hill,
The Senate adjourned until to-morrow morning a t 12 o'cloclr.

SECRET SESSION.

A message from the House of Representatives, by Mr. Dixon, their


Clerk :
Mr. President: The House of Representatives, on Saturday, passed a resolution of
the Senate authorizing the members of the two Houses of Congress to confer with
each other confidentially.
The House also adopted the "joint rules and orders of the two Houses of Congress," as reported froni the Senate.

Mr. Orr submitted the following resolution; which was considered


and agreed to :
Resolved, That Senators have leave to conlmunicate confidentially 1%ith the President and heads of Departments concerning business vhich may be tiamacted in
secret legislative session.

On motion by Mr. Hill,


The Senate resolved into open legislative session.

EXECUTIVE SESSION.

The following mcssago was received from the President of the Confederate States, by Mr. tJosselyn, his Secretary:
kCHNOSD,

March 7 , 1862.

TOthe Scnate of the Confederate States.

1 xionhate theofficers on the accompanying list to tlic rank affixed to their names,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON DAVIS.
CONI.'EI>EKATI.: fj'CATES OP RXERICA,
W A R I)EPARTMEST,
Kichmmd, March 6, 1862.
SIR:I have the honor to recoininend the following nominations for appointment
in the Provisional Army of tlic Confederate States of America:
TIIII(T1cENI'JI

ALAlMX,\

REQIBIEP;T, PROPlSIONAL ARMY.

~iezcleiiatit-colonel.

R. fl. I)awson, to take railk January 10, 1862, Alabama.


iliajoy.
Williani ?I. Betts, l o take rank January 10, 1862, Alabama.
la'IPTll X I ~ S I ~ ~ I I ' III.\'I"l'hLIOS,
'I
PROVISIONAI~ ARMY.

Xajor,
W. 11. Kilpatrick,

l o take

rank February 15, 1862, Mississippi.

YIRhT V l l K i I X l A IIATTALION, PROVISIOXAL ARMY.

Siwncl lieutenants.
Thotnas 11. Dunn, to take rank duly 1, 1861, Virginia.
John N.Munford, to take rank March 3, 1862, Virginia.

49

SENAPE.

Mar. 10,1862.1

Colonel.

Goode Bryan, l o take rank T+cibruarv 15, 1862, Georgia.


IS,

v i t h tlir w i n k of major.

It.G. IIiggins, Tenncsser; T. ,J. Randolph, jr., Tirginia; L. T. Woodruff, Alabama:


15. 11. Harris, d l a b a ~ n a ;\Tilliani Barnewall. jr., .tlahaiiia; James Grimshau , Lonisiana; Leoniclas W. Smith, Tiryirtia; B. S. Bryan, South Carolina; Robert Thoma?,
Georgia.
turd ywirtmiz(iit<I 8, utth the m i i L of (@uir~.
1. 11. Strawbridge, Kentucky; J. T. Pryton, Tennesqee; K. Maynard Marshall,
South Carolina; I). S. Farrar, hlississippi; James L. Powers, Virginia; Robert
Payne, Tennessee; Charles 11. Thomas, Sorth Carolina; J. J. Young, North Carolina;
J. W. Sinis, Texas; J. S. I<. Bennett, South Carolina; Richard R. Cox, Diitrict of
Columbia; William G. Gammon, Tmnesbee; Henry T Tucker, Virginia; Wilson 31.
hon Tenahlr, Xorth
th Carolina; George
fIcnry I<. Loebnite,
B. 31. Oates, S o r t h
Briyade commissunes, ?A!.)(ii,tlie

ro?iX:qf ? i w j o i

N. I3 Brown, Alabama; A r r i A i Babbitt, -; ~7illianiI. Dimcan, L


James Pagan, South Carolina; A. A. Canord, Florida; Thoiirah C Icck, 3Li
Thomas J. Ifigginbotham, Virginia; John C. Whitner, Georgia.
-Issisfci,if ~ o m m i ~ ~ c ~ mith
e i ,f h e rclnk of

cy&rtiz.

Benjamin h-, Sumner, S o r t h Carolina; John G. Turpin, Virginiz; 3 . 13 Preii itt,


Texas; J o h n T. Graves Virginia; B. R Sash, Tennessee; Robert E. Wood,
Alabarna; H. D. Stowe, orth Carolina.

Cliaplains.

ippi, Joszplr L. Gregory, l i m t u c k y ; (reorge JY. Griffin, Sorth


. Vaughnn, S o r t h Carolina, A. L. Stough, Xorth Carolina.

J. X. Cooper, to take lank Ftxbriiar> 25, IS@, A1iasissipl)i


John L. Coirardin, to take rank Xarcli 1, 1862, Virginia
Rohert T. Colcs, to takr rank 1Iarch 1, 1862, Alxhama.
Sainuel T. Xicholwn, to take rank Naich 1, 18@2,JIiscis4i)l)i
D. W. Jones, to take lank Ortoher 14,1S61, Texas.
Joel A. Battle, jr., to take rnnk AiiguLt 12, 1861, Tennewec
G. P. Sinionton, jr., to take rank hlarch 1, 1862, Xississipy
11. C. Winger, to take rank March 1, 1862, Arkansas.
Henry D. Kansoiii, to take rank February 17, 1862, Texas.
77. T. Sicholson, to take rank January 1, 1862, K:rth Carolina.
James E. Marshall, to take rank >larch 6, 1862, 1 irginia.
ASSISTA\ 1 4DJCl hXTb-6 ESEKAL.

Hajor.
IV. 11 Bickett, to take iaiilr Fehrilaiy S, 1S62, Tenneqeee.
C<l/Jff7
iil\.

c 1-vor,

2-04-4

Aids-de-camp, with the rank of Jirsf liectleiiaril.


Charles Pickett, to take rank March 1, 1862, Virginia.
J. Robert Trou , to take rank March 1, 1862, Georgia.
Norman S. WaLer, to take rank March 1, 1862, Virginia.
H. M. Mathews, to take rank March 3, 1862, Virginla.
John A. Cobb, to take rank March 6, 1862, Georgia.
ENGINEERS.

Captnitia.

F. D. Lee, to take rank February 19, 1862, Bout11 Carolina.

C. H. Dirnmock, to take rank February 24, 1862, Virginia.

Francis L. J. Thyssens, to take rank March 3, 1862, Louisiana.


John McCrady, to take rank March 6, 1862, South Carulina.
First lie ii tenants.

H. J. Rogers, to take rank March 1, 186%,Virginia.


John B. Tapscott, to take rank March 3, 1862, Tennessee.
W. D. Storke, to take rank Ilarch 6, 1862, -.
Second lieutenants.

William 1. Gillespic, to take rank March 1, 1862, Virginia.


G. Donilellan, to take rank March 3, 1862,_ _
John MT. Green, to take rank March 6, 1862, Louisiana.
ARTILLERY.

Lirutcnrrrit-colonel.

J. 13. Carter, to take rank February 26, 1862, Virginia.


&&or,

J o ~J.JHtdrick,
~
to tulw rank Pelrunry 27, 1862, Korth Carolina.
1mi, sir, mpcctfully, yonr obedient servant,
J. 1. BEXJAAIIN,
Secretamj of 1Cctr..
10 l l i a Exccllwcy .Ti
lreuident, P / C .

rhe 111ess:lgn was rcad.


On motion by Mr. Sparrow,
Or&md, That thc foregoing noiiiiimtiorls he rcfcrrod to the Committoc on Military Affairs.
On motion,
Tho Senittc rcsolvcd into secrct legislative session.

CUII:HL)AY, MAILCH11, 1862.


OPEN SESSION.

Mr. Clay (hy lcavc) introducrd


A hill (8. IS) dccltwing the okliiccr who shall act 2s President in case
of vacancies i n the offices both of President and Vice-president;
which was read the first and second times arid referred to the Cornmittee OII thc dndiciary,

BIar. 11, 1862.1

51

SENATE.

A h . Clay suhinittcd the following resolution; which


and agreed to:

was

conhidered

IZesohwZ, That the C o i i i i r i i t t w 011


compensation i a ctne frrini tht. ( o i i i d
bama, for his projectile from rdnnon,

Mr.Clay pr(wntcd docunicnth i i i rc.lation to the subject; which were


referrcd t o the comniittec.
A inessage from t,hc H o u w of Boprcwritativc,, 1)y Ah. Djxon, their
Clerk:
Jfi, Pzcsident: The 1Toiisc of RepreFentativw ha1 e adoptctl a joint rcsoluticm recorn-

mending the planters of the Confederate States t o rcfrain from the cultivation of cotton and tobacco, and dcwte all their energies to raising prorisione.
They have also pawed a bill to be entitled An act to increase the clerical force of
the War Department.
Also a bill to be entitled An act to establish ccrtain post routes therein named.

On motion hj- ,111.. I3wrriwel1,


The Senate proceeded to t h o coiisidemtion of the bill (8. 16) relative
to the estiiriatch of the screral hcads of Departrncnts, a:: in Coililllittee
of the Whole; and no amendment bcing made, it war, reported to the
Senate.
Ordered, That it be cngroshed mid i.ead a third time.
The said bill r a l j read the third time.
Bi.soZaed, That it pazs, and that the title thereof be as aforesaid.
Omked, That the Sccretary request t h e concurrence of the HOUSQ
of Representatire5 therein.
Mr. Semmes, froin the Coininittee or1 the ?JTrtdiciary, reported
A bill (S. 19) to organize the Supreme Court of the Confederate
States;
which was read the first and secoiid times and ordered to be placed on
the Calendar and printed.
Mr. Oldham, from Ihc Committec 011 Post-Offices and Post-Roads,
to whom was referred the bill (S. 13) relating to prcpaj-ment of postage, reported it without amnidment.
The Scnatc proccedcd to consider the bill (S.13) lazt mentioned, as
in Coinmittec of the Whole; a i d nc) m x n d m e n t Ileiug made, it was
reported t o the Senate.
Ordcyed, That it be eiigrow.xl and read R third time.
The said lpill \ Y R ~read thc third time.
Besohved, That it p a s , and that thc title thereof he a;, aforcsaid.
O~dewcl,That the Sccretaq requwt t h e (.oncurrenee of the IIonse
of Represcnt:iti\ es thcrein.
ah.. t J o h ~ t ~from
~ ~ ithe
, Committec o n Indian Aflairs. to whom was
referred the hill (S. 3) to providc f o r t h e organization of the 4r 1mmas
and Red River SuierintencleiicZ. of Iiiclinii M a i r > , to rcgulate trade
and iiitercourse with tho Indians therein, and to preserm peace on the
ent..
frontiers, reported thc m i l e with 8
The following reportcd atmendme
agreed to:
In the third line of the fir& scction, strike out the words South of
Kansas.
On motion by Air. 0ldli:iiii. to anicnd t l i c x bill 1 ) - strikiiig out. i i i the
first section. the following \I ord+, I iz:
aiid the Supcxiiitvndeiit iIielecJf h l i ~ i l l I e b i t l c i i t Fort > n l ~ t h or
, Tall liuren, in the
State of Arkanbas, shall gi\ c l~oiirlto the Coiifeclertito States, I\ it11 buficieiit sureties,

It

determined i n the negative.

ontho question of agreeing to the following

X'ClXjrtCd :~l~lcndInerit,

vix:

the first section, sixth line, after thc \\Ford "XrkrLnbas,') acid thc
words "until otherwise ordered by the President,"
It was determined i n the affirmative.
onmotioll by Mr. Davis, to aiiicnd the bill by striking out, in the
" who Shdl hold their oftice
second line of the third section, the WO~CIS
during four years good behavior, and,"
f Yoas
_..
.
16:
It was determined in the affirmative, 1 N ~ .~ ..- ~- .. - - - . 3
On motion by Mr. Sparrow,
Theyeas and nays being desired hy one-fifth of the Senators present,
Those who voted i n the affirmative are,
Mcesrs. Barnwell, Burnett, Clay, Davis, Dortcli, Haynes, Henry,
Hill, Hunter, Johnson, Xitchel, Phelan, Preston, Sparrow, Semmes,
and Wigfall.
Those who voted in the negative are,
Messrs. Clark, Orr, and Oldham.
On motion by Mr. Hunter, to aniend the bill by inserting at theend
of the seventeenth section the following proviso, viz:
I'rovidrd, That nothing in this act shall be so construed as to allow disbursing
omcers to make payment in any other funds than specie or Treasury notes,

T t NELS determined in the affirmative.


On motion by 154.r. Hunter, to ttmcnd the bill by inserting at the end
of tho eighteenth section the following proviso, viz:
I'rovided, That no money shall b(. expended for this purpox which has not been
prrviously appropriated by law,

It was dctcrniinod i n the affirmative.


On motion by 1\11.. Hunter.,
Ordcl~ed,That thc, further consideration of the hill be postponed.
.i mcssogc from tho IIousc of Rcprcscntatives, by Mr. L a n i ~ r :
Tlic Jlousv of Rcpreucntatives have adopted :t solution of thanks
*hanailand the olficers and nicn under his command.

1.

r ,
1 he Sciiatc procectlod to the consideration of the resolution
(11. 1%. -) 1wt inentionod; which was read the first ard second times
i
d con~idcrcdits in Coniinittec of the 777hole; and no amendment
I&, it was reported to the Senate.
rod, Th:lt it pass to a third reading.
The stLid rcsolrition was road the third time.
&Sohed ~t?K6~LhtLot~tdy,
That it pass, and that tile title thereof he ;LS

nforcsaid.

(Mtrct!, ' h t t the S ( ? c ~ t : notify


~y
the 10us(?0 f Eeprescntatives
theroof.
The 8Cll:it(\ pi*oct~eclcdl o tho consideratio11 of t h e bill (11. R. -) to
intwwo thc cbricnl for(.(. of
JYay Departmpnt; ivhicli was read
t l l ~LiI'sL a ~ second
d
tinics id referred to the colllinittee on Military

AifiLirh.

SENATE.

Nnr. 11,18CP.]

53

A message from the President ol thc, Confederate Statcs, bj7 Mr.


Kohert ,Josselyn, his Swrekir?:
Xr. Irere,i&,d. Thcs lrc&dent

hay

t l day
~ appro\ ed and cigiieil a resolution

(8.4) pledging the (;o\-ernment to iilaintnin the territorial integrity of the Confederacy.

Ordored, That the Secretary notify the IIouse of Representatives


thPrc~of.

On motion by Nr. Hunter,


Tlie Senate reholved into executive session.
The doors being opened,
The Pi-esident, laid before the Senate tlie folloTTing- message from the
Prc5idcnt of the Confederate States:
To tlie Senute und owe of Representatives of the Conjederute States:
I herewith tranmiit a letter of the Secretary of t h e Navy, of this date, covering the
ofticia1 rrport of the naval engagement betiyeen the James River quadron and the
meiiiys fleet in IIainpton Roads, on the 8th instant.
The offlcers and inen of our Rary encaged i n this brilliant affair deserve \\ell of
tlirir country, and are coinnicntlrtl to the cowideration of the Congress.
The disparity of thr forcer engaged did not jnctify tlic. anticipation of so great n
\ ictoiv; and it is donbly gratifying that it liar been n on upon an eleintlnt where i1-e
M (w snppobed to be least able to compete i\
ith our enemy.
Special attrntion is called to the perfidionr condut t ot tlir eiieiiiy in hoisting, 011
the frigate Coiigr(a~s,a \\ hite flag, and renen mg fire frtiiii that i~csselunder the
1mpu ni t y thus obtained.
,JEFl~fCKSOKllALYIS.

XARCH
11, 1862.

The message was read.


On motion bj Nr. Hunter,
Or.dee.led, That 50 copies of the message and accompanying documcnts be printed for the iise of the Senate.
On motion by Mr. c J o h ~ ~ s o ~ i ,
The Senate adjourned until to-morrow morning a t 1 2 oclock.
SECRET SESSI09.

A message from the President of the Confedcrate Statw, by Mr.


Robert J o s s c l y n , his S ~ ~ c t w y :

I transmit herexi i t h a repoil and accompanying pilpers, from the Pecretary of


nate ot the Y d instant.
State ad interim, in aiib~verto ii rcsolntion of tli

JEFFERSOS DAVIS.
DEPARTVEST
OF STATE,
Riclimond, Jfurch 8, 1S63.
The Secretary of State at1 interim, to d i o m as referred a resolution of the Senate
of the Confetlerate States of t h e 3d instant, requesting tlie President to communicate
to that body i n secret session, if not incompatible nith t h e public interests, t h e
instructions to anti correspondence with all tlie commis$oners of this Government
now in Europe, lias t h e honor to lay before the President a copy of the papers
inentioned i n t h e subjoined l k t .
Respectfully subinitted.
\ V l i . 31. BIZOKSE,
Srovtcrry qf A t r k rrcl interim.
To the I R E ~ I ~ E X T .

[ X u . 11, 1 ~ 2 .

JOURNAL 02 THE

On motion by Mr. Hunter,


~ ~ ~That&all ~
further
~ coiisideratiorl
~ l ,
of the'

cat.ons and ac(;ompanying documents be h d

iOl.(gOiII

in QXcclltlre

On niotion,

The Senate resolved into executive SessiolL


EXECUTWE SESSION.

The Senate, in executive session, resumed the consideration of the


l n e s q e of the President of the Confederate States, transmittipg copies
of the Instructions to and correspondence with d l the commissioners
of this Government now in Europe, in response to n resolution of the
Senate of the 3d instant.
On motion,
Ordered, That the message and accompanying documents be referred
to the Committee on Foreign Affairs.
A message from the President of the Confederate States, by Mr.
Robert Josselyn, his Secretary:
RICHXONI),
Vctri*h 11, IsGI.
To t l r p Senenair of the Confederate States:
1 iioniinate the officers on the accompanying list to the rank affixed to their Iianicp,
respectively, agreeably to the recommendation of the Secretary of V a r .
JEFFERSON DAVIS.
CONBPIXKATIC
STATESOB AMERICA,
\\*m DEPARTJIENT,
Richmom?, illcirch 11, 1862.
SIR: I hare the honor to recommend the following nominations for appointiiient
in the provisional iirniy of the Confederate States of America:
illhjor-gmeruls.

It. Jones, to take rank March 10, 1862, Georgia.


R. &. Cheatham, to take rank March 10, 1862, Tennessee.
Samuel JOIICB,to take rank March 10, 1862, Virginia.
John 1. McCom, to take rank March 10, 1862, Tennessee
1).

Briyadier-generals.

J. M. ITawrs, to take rank March 5, 1862, Kentucky.


G. 11. Stenart, to take rank March 6, 1862, Maryland.
W. D. Smith, to take rank March 7 , 1862, Georgia.
J. 11:.Slaughtcr, to take rank March 8, 1862, Virginia.
C. W. Field, l o talrtr rank March 9, 1862, Kentucky.
Jehu 11. Forney, to take rank Marrh 10, 1862, Alabama.
P. J. Semmes, to take rank March 11,1862, Georgia.
L. M. Walker, to take rank March 11, 1862, Tennessee.
I tiin, sir, rcq)cc:tully, your obedient servant,
J. 1. REXJAXIN,
Secretary of WOP.
Po I Iis 1Sxcrllcn~~y
.Ti

r \

1,tr..

1he incssagc W:LS mid.


b y Air. Sprrojy,
O I Y ~ t f t d , r1l:lt 1h(> fowgoitig nominationq })p ypfcrrpd to the Cornniiktco on Mi1it:iry Affairs.
MY. Ilill, flwn tho Coininittcc 011 the ;Iudiciary, to w1mm mas
r c f r ~ ~ ctho
t l nomination o
&I. Estcs, g ~ ydistrict attorlley of the
, and IT. M. (iates, 1narsh:Ll of the
marshal of thr middle district of TenDCSsee,
Willitmi H. Crouch, as marshal of the eastern district of
011
motion

Mar. 12, 18621

SENATE.

55

Tennessee, reported, with thci l . c c . o i i i i i i c , i i d i L t i o t i thilt :dl o f .;aid noniinations be contirmed.


Whereupon, i t w:ih
Rtsolved, That the Scn:Lte :idviw :md coitseiit l o tlieir qlpointrnent,
agreetthlg to the noniiuittiou of tlic President.
On motion 1)s Nr. Iliinter,
rlic Seiitttc resolved into open lqi-liitivcx wssion.

OPJCN SIESSSION.

Thc Senate resumed, as in Coiiiiriittce of tlic Whole, tlie consideration of the bill (S. 3) to provide for thc organization of the Arkansas
and Bed lZi\ er Superintendency of Itidiilll Affairs, to regulate trade
:ind intercourse with the Indians thwcin, tiiid to p e s e r v o peace on the
frontiers.
On the qtiestion to ngrce to thc folloiviiig rcportctl mnwdinent, riz:
ion 34, line 24, strike out the wordq . or ;ittcnipting to ol)tain
ati,siaction 01 ~ ccngc
\ r i n d inhcrt it1 licu thereof the words
r c ~ ~ n or
g er(~li*ess
1)y violciicc, o r : L H ~otlitir i l l c p l inmn8,
i n thc : ~ f f i ~ ~ lC.i ~ t i \
*. IIuntcxr, $ 0 :iincnd tlic bill hy iwerting a t the
r t h swtion the following:
Proi d e d , Thai thc I n d i m country shall not I)(%tltwiied to include the residence of
I n d i a ~ tribes
i
or ~~ersorir
n ithiri the Iiitiits ot the Confrdewtcl States,

It was determined in the nffirniat1vc.


On the question t o agrce Lo tlie following reporbd amendment, viz:
I n section 36, linc 10, strike out the word -dhtrict and insert in
lieu thereof the word propcr,
It was determined i n the affirmative.
On the question t o q r c c to tho following reported amendment, viz:
In scction 39, line 7, sti.ikc out the word district,
It was deterinincd in the affii.nlati~c.
On the qucstion to agrce to the folloving reported amendment, viz:
In section 41, line 11, after the word sxine, insert the words to
an :Lmount not ex ding twenty timer tlic raluc of the said liquors,
mixture, and wine,
It was determined in the afhnativc.
On the question to agree to the following reported amendment, viz:
Strike out the words:
SEL.51. And be itfu&er enacted, That ior the sole purpose of carrying this act into
effect, and until district courts shall be established in the Indian cotlntry, all t h e
Indian country nest of Arkansas and Missouri, S O l l t h of the Statc of Kansas, north
of t h e State of Texas, and east of the State
as xiitl of the Territory of New
and shall forin and constitute a
Xexico, is hereby annexed to the Ptate of A I
part of t h e western district of that State., tl
ict r n u i t of which district shall
have jurisdiction to try and punish all off
i n c t tlic 1dws of t h e ConfedfTate
States committed i n said country since tlic t
st day of May, in the year of our
I ,ord eighteen hundred and sixty-one, the punisllnlent wvhereol is provided for by
this act,

It was decided in the aflirmilt1vc.


No further amendments bcing proposed.
The bill was: reported to the Senate and the ainendmentv concurred in.

56

JOURNAL O F THE

That it be engrossed and rcad third time.


rhe said bill was read the third t i m .
w afoiestlid.
~ ~ ~That
h it pss,
~ dand,that the title thereof
OTdmed, That the Secretary request the concusrence of the House
of I-tepresentatives therein.
A message from the House of Representatives, by Xr. nixon, their
Clerk:
ll[T.President: The Speaker of the House of Representatives having Signed an
enrolled resolution (H. R. -) of thanks to Captain Buchanan and the qEcers and
men under his command, I am directed to bring it to the Senate for the signature of
their President.

Mr. Sparrow, from the Committee on Military Affairs, to whom


was referred a bill (H. R. -) to increase the clerical force in the War
Department, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to thc consideration of the said bill; and no amendment being made, it VLS reported
to the Senate.
Ordered, That it pass to a third reading.
The said hill was read the third time.
Resolvd, That it pass, and that the title thereof be as aforesaid.
Ordemd, That the Secretary notify the House of Representatives
thereof.
On motion by Mr. Sqarrom,
Orohred, That the Committee on Military Affairs be discharged
from the further consideration of the following bill and memorial:
S. 15. A bill to p ~ for
y horses lost in the military service of the
Confederate States; and
A memorial of ladies of Brixtol, Tenn., praying for the snppression
of the manufacture of spirituous liquors.
Mr. Sparrow, from the Corninittee on Militarr Affairs, who were
instriicted by a resolution of the Senate to inquire into the subject,
rcported
A bill (8. 20) to provide for the payment oi musicians i n the Army
not regulwly enlisted;
which was scad tho first and second times n~zdconsidered : ~ hin Cominittcc of t,he Whole; :~ndno nniendmeut being made, it TVUS reported
to tho Senate.
O~~P/W
That
? , it t)c engrossed and read 2~ third time.
Tho said hill was read the thisd time.
&d?d,
That it pass, and that the title thereof be as aforesaid.
Ord??*ed,That tho Sccrctnry request the concurrence of the House
of liopwsentzitives thscin.
My. l3ill, from the Committee on the Judiciary, to whom mas
referred t,hC bill (3. 18) dcchring the officer VTho shall act as Presiderlt
irk Cr\SC Of mcancic% in the o%ces 130th of President and Vice-PrcSihit, 1cpovted it with ainendi1Ielits.
On motion ly Mr. E l l ,
OI.dWeu, 'hit the bill and ainendnlents be printed,
MI..1llelfln, frOlll tho committee, reported that they had examined
and found tixly cnrollcd
A resol1ltioll (11. fi. -) of thanks to Captain Buchanan and the
oik%rHund llltil under his conin1alld.
rho Irwi(h6 having signed the enrolled resolution last reported t o
h v c r been esamiiied, it WZLS delilrcred t o the fje(,q-etary, and by him
forthwith presented to tho President,

Mar. 13, lS62.l

57

SENATE.

O n motion by Mr. Henry,


Ordered, That the Hon. Williain F:. Sininis h:~velettw: of absence
from the sessions of the Senate.
On motion by Mr. Brown,
The Senate proceeded to the consideration of the resolution
(H. It. -) recommending: the planters of the (:onfederate States to
refrain from the cultivation of cotton and tobacco, and devote their
cncrgics to raising provisions; which was read the first and second
times and considered as in Coniinittec of tho Whole; and no amendment being made, was reported to the Senate.
On the question,
Shall the resolution be read B third time?
A motion was made by Mr. Brown that it lie on thc table; which
motion was subsequentIy withdrawu.
The question,
Shall the resolution bc read a third time? thcn recurring,
It was decicted in the t~ffirniat~ive.
So it was
O ~ d m d ,That it pahs to :L third wading.
The said resolution I V Z ~ wad thc third time.
On the question,
Shall this resolution pa
It was clecicled in tlic negative, Yeas- - - 11
- _-_.
. ._
N a y - ... _
On motion by Mr. Seiiiines,
The yeas and nays heing desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clay, Clark, Daris, Dortch, Henry, Mitchel, Sparrow; and
Scmmes.
Those who voted in the negative arc,
Messrs. Barnwell, Baker, Haynes, Hill, Hunter, .Johnson, Oldham,
Phclan, Peyton, Prcston, and Wigfall.
So the resolution was rejected.
O/&red, That the Secretary notify the Housc of Represeiitatives
thereof.
MI.. Brown (by leave) introduced
A bill (S. 21) to limit the production of cotton in the year 1868;
which was read the first and second times and laid upon the table.
On motion by MY. Wigfall,
The Senate sdjourncd until to-morrow morning at 1 2 ocloclr.

.___..I_

THURSDAY, MARCH13, 1862.


OPXN HIm3IION.

Mr. Orr submitted the following resolution; which was considered


and agreed to:
Resolved, That a joint rommittee of three be appointed on the part of the Senate
and three on the part of the House of Representatives on enrollment and engrossment.

Mr. Oldhain presented the petition of members of the First Regiment of Texas Volunteers, praying a repeal of the act of Congress
depriving companies in the service of the privilege of electing their
own officers in case of vacancies occurring therein; which was referred
to the Committee on Military Affairs.

On motion by Mr. Hill,


Ordered, That all further action on the bill (s.15) to pay for horses
lost in the military service of the Confederate States, be had in secret
legislative session.
Mr. Johnson siibmitted the following resolution; which wab considered and agreed to:
Resolved, That the Secretary of the Treasury be directed to intorn thc Senate
whether any, and what, depositories of funds he has esbbllshed a t 3Iemphis, Ke\y
Orleans, and other cities or posts of the Confederate Stntes; and if none have beell
established, to report to t h e Senate whether any, and what, rcgulatio~l11ray be ne~essary to enable him to establish such depositories, SO as to secure a prolllpt supply of
funds for the public service a t distant points.

On motion by Mr. Sparrow,


The Senate resolved into executive session.
The doors being opened,
On motion by Mr. Oldham,
Oy*ddred,That the bill (H. It. -) to establish certain post routes
therein named, be referred to the Committee 011 Post-Officw and
Post-Roads.
A inessa e from the House of Representatives, by Xr. Mcllonald,
8 :
Asai stan t Clerk
My.

President: The House of Representatives have passed the bill from the Senate

(8. 12) to regulate the compensation of the officers of the Senate, v i t h amendments,

in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of


Representatives to the bill (S. 12) last mentioned; and having been
amended on the motion of Mr. Barnwell, as amended on the motion
of Mr.Clay,
Rm&jed, That they concur therein, with an amendment.
O r d m d , That the Secretary notify the House of Representatives
thercof.
On motion by Mr. Clay,
The Senate adjourned until to-morrow at 12 oclock.
SECRET SESSION.

A inessiige froin the President, by Mr. Robert ,Josselyn, his Secrettiry :


1:XEClTITB DEPARTMENT,
llfulrdl 13, 1863.
10 tlie ~+)inteand Ilousc of Rqmsentatws:
1 Irerewith transixit lo the Congrc~ssthe report of the Acting Commiseioner of
1iidi:tn Miairs.
JEFFERSON DAVIS.

Thc messngc was read.


7 3 4 %it it, be referred to t,he Committee 011 Indian Affairs.
A riiessa c froin the IIoiibe of Itepresentativcs, by Mr. McDoriald,
Assistant Clerk
8 :
Mr. A w i d e t d : 1 % ~ Speaker of the IIoiise of Representatives liaving signed an
enrolled bill (11. 1L. -) to increase the clrrical force of the War DepartIneIlt, I am
dirwted to bring it to the Senate for the signature of their President.

MY.Barnwell, froin the Committee on Finance, to whom was referred


the bill (S. 9) to iiiake Treasury not,es a lega! tender, reported it, with
the reconmeridation that it do not pass, and that the bill lie upon the
table.

Mar. IS, 1RG2.1

SENATE.

59

The motion to lie upon the table having lxcn rejected,


On inotioii by Mr. Seiiniiccr,
Otdorccr, ?bat it, be iiinde tlic ordor of the day for Tuesday next.
Mr. S~YLLI.~OC\
, Ervin the Coinuiittee on Military Affairs, reported
A bill (S. 22) to provide ti s M for the general assigned to the coiiim a d of tlie hriiiy;
o l d tiiiws anti considered as in Coinwhich rv:w re:d thc firrt and
niittcr, o f the \Thole.
On riiotiori by Mr. Seiiiiiieb,
OrdwttZ, Thnt the bill be coiiiiriitted to the Coniniit,tce on Military
Affairs.
On iiiotion by M r . Burnett,
Besolved, That the Housc of Bepresentatires be requested to return
to the Senate the House resolution (H. R. -) recommending- the
planters of the Confederate States to refrain from the cultivation of
cotton and tobacco, a n d devote their energies to raising provisions.
On motion by Rlr. iIaynes,
T h e Senate proceeded to the consideration o f tho bill (S. 15) to pay
for horses lost in the military service of the Confcder:ite States.
On the question,
: ~ n dread :L thiid tiine?
Slid1 this hill bc engro
It was dccided i n the 11
So the hill was rejected.
on n-lotion by Mr. i3;trnT?-ell,
The Senate r e s o l d into opcn legislutirc session.
EXECUTIVE! SESSIOX.

A message from the Presidciit of tlie Confederate States, by Mr.


Hohert Josselyn, his Secretary:
EXICCUTK>:
DEPLRTXENT, Jfarch 13, 2862.
To the Senate qf the Coi~edwateBales:
I lierewith transniit t h e following nominationh ~4reconiniendetl b y thc Attorney(ieiieral, riz:
izonn, to be governor of the Tcrritory of Arizona.
lor, of
lyn, ~f hIiesis+ipyi, to bc secretary of the Territory of Arizona.
Alexaiidw M. Jackmil, of N e w illesicu, tct be diief justice of the Territory of
Arizona.
Columbus Upson, of Texas, to bo associate justire of tlie Territory of Arizona
Rrisscl I-Ioward, of Arizona, to be attorney Eor Arizona Territory.
Samuel J. Jones, of ,\rizona, to be inamha1 of the Territory of Arizona.
JEFFERSON DAVIS.
COSFEl>EIL%Tl3 STATES OF

AMERICA,
DEPARTMEKT
OF JUSTICE,
Richmond, k h r c h 1.9,1862.
SIR: I have tlie honor to recommend the following appointlnerlts for the Territory
of Arizona:
For governor, John R. Bay lor, of Arizona.
For serretary of the Territory, Robert Josselyn, of JIississippi.
For chief justice, Alexander M. Jackson, of New Mexico.
For associate justice, Columbus Upson, of Texas.
For attorney for the Territory, Russel IIoward, of .irizona.
For niarshal, Samucl J. Jones, of -.
I have not been able to find out the present residenc.e of 111..Howard.
Very respectfully, your obedit,iit stwant,
THS. BRAGG.
To the lmwmivr.

60
On motion by Mr. C l q ,
That the foregoing noininations I)(% rt:fc~*rtLd
LO tho CoiiiInitbe On Territories.
M~,
fPonl the Committee on Military Aiiairb. to Tvhom
was referred (on the 10th instant) the nomination of B. 13. Dawson,
as lieutenant-colonel; of William H. Betts, as malor; W. H. Icilpatrick,
:LS major; Goode Bryan, as colonel; T. J. Randolph, jr., I,. T. TVoodruff, E. H. Harris, William Barnewall? jr., B. S. Ihyan, and Roljcrt
Thomas, as brigade quartermasters, wlth the rank of major; H. H.
Strawbridge, J. T. Peyton, R. Maynard Marshall, D. S. Farrar,
Charles H. Thomas, J. J. Young, J. S. K. Bennett, Richard S.Cox,
Wilson M. Cary, John W. Woodson, S. Woodson Venable, Hayrison Robertson, James C. Haskins, Samuel Frank, K.M. Oates, J. B.
Godwin, arid H. XlcCoy, as assistant quartermasters, with the rank
of captain; N. H. Brown, James Pagan, A. A. Canova, Thomas C.
Peek, and John C. Whitner, as brigade commissaries, with the rank
of major; Benjamin I-i.Sumner, Robert E. Wood, and H. D. Stowe,
as assistant commissaries, with the rank of ca tain; Foster Ely, Joseph
L. Gregory, George R. Griffin, Maurice%. Vaughan, and A. L.
Stough, as chaplains; J. M. Cooper, John L. Cowardin, Robert T.
Coles, Samuel T. Nicholson, D. W. Jones, Joel A. Battle, jr., G. F.
Simonton, jr., 13. C . Wingeu, Henry B. Ransom, W. T. Kicholson,
and James E. Marshall, as adjutants, with the rank of first lieutenants;
. D. Pickett, as assistant adjutant-general, with the rank of major;
'
M
It. (3. H. Kean and James Barrow, as assistant adjutants-general,
with the rank of captain; F. D. Lee and John McCrndy, as engineem,
with the rank of captain; John B. Tapscott and W. D. Storke, as
cnginecrs, with the rank of first lieutenant; and John ,J. Hedrick, as
major, reported, with the recommendation that all of said nominations
be confirmed.
Whereupon, it was
R(wh~d,
That the Senate advise and consent to their appointment,
agreeably to the nomination of the President.
Mr. Spar~-ow,from the Committee oil Military Affairs, to whom
was referred (on the 11th instant) the nomination of B. F. Cheatham,
Samuel Jones, and John P. McCown, as major-generals; of J . 31.
Nawes, W. D. Smith, C. W. Field, and John H. E'orney, as brigadier-generals, reported, with the recommendation that all of said
riorninations tje confirmed.
Whcreu on, it was
R G W ~ (That
~ $ the Senate do advise and consent to their appointment, agreeahly t o the nomination of the President.
O n inotion 1)y Mr. Barnwell,
'rhc SeiitLte resolved into secret 1egislatiI-e session.

spamow,

FE'RIDAY, MARCII14, 1862.


OPRN SESSION.

On motion by Mr. Davis,


Ovdwed, That the resolutions of the North Carolina State convention relating to the reenlistment of volunteers be referred to the
Committee 011 Military Affairs.
Mr, Orr presented several devices for a flag for the Confederate

Mar. 14, 1862.1

SENATE.

61

States, designed by Mrs. C. C. Claj-, of Alabama; which were referred


t o the Comniittee on Flag and Seal.
Mr. Oldhani presented a communication from James B. Ariiold in
relation to duties on iron belonging to the Western Texas Railroad
Company; which was referred to the Committee on Finance.
On iriotion by 311. Sparrow,
Cl~dmxi,That the Committee on Military Affairs be dischar ed
froni the further consideration of the following subjects, and t a t
they lie on the table:
A petition of members of the First Regiment of Texas Volunteers,
praying a repeal of the act of Congress depri\ i n g companies in the
service of the privilege of electing their own officers in cases of
vacancies occurring therein; and
A memorial of It. 0. Davidson, pra.ying for aid in the construction
of a machine for aerial naviga tion.
Mr. Haynes, from thc Committee on the ,Judiciary, who was
instructed by n iwolution of the Senate to inquire into the subject,
reported a hill (S. 5%) i o rcgn1:Lto the niode of psying tho niemhars of
the Seriatc and Housci of lteprcscntstives, arid the disbursement of the
contingent fiind; which WLS read the first and second times and
ordcrcd to be placed upon the Calendar and printed.
On niotion by Mr. Barnwell,
Ordemd, That the President appoint the members of the Joint, Committee on Engrossinent and Enrollment on the part of the Senate.
Messrs. Phelan, Mitchcl, and Maxwell were appointed.
O~cimecl,That the Secretary inform the House of Representatives
thereof.
Mr. Phelan, froni the committee, reported that they had examined
and found duly enrolled the bill (H. 1%.
-) to increase the clerical
force of the War Department.
The President having signed the enrolled bill last reported to have
been examined, it TWS delivered to the Secretary, and by him forthwith pr.esented to the President for his approbation.
On motion I y Rlr. Seinnies,
Ordered, That tlio nit~rnoridof C. .I
Farwell,
.
ol New Orleans,
part owner of ship C. A. Farwcll, praying compensation for certain
expenses out of proccctls of prim, be rcferred to the Committee on
the Judiciary, with instructions to inquire into the expediency of
reporting a general law i n relation t o the subjcct.
On motion by Mr. Davis,
IlrdeTed, That tlie Hon. William T. Llortch have leave of absence
from the sewions of the Senate.
On motion by Mr. Burnett,
Orde~cd,That the Hon. James 31. 13skcr have leave of absence froin
the sessions of tlie Senate.
On motion by Mr. Johnson,
Ordemd, That the Secretary of the Senate call upon the person or
persons having the same in possession, and dcmand and receive all
books, records, lists 01 rioinirlations tind other documents and papers
belonging and appertaining to the executive business of the late Provisional Congress, and hold the smie for the use and subject to the
order of the Senate.
Oidmed also, That the Secrctiiry cause the proper Xxecutive Depsrtmerits to be notified promptly of all cases of nominations for office

fl

JOURNAL OF THE

[Mar. 14.1862.

Provisional Congress, which have been either confirmed


or not acted upon, and of which no information or notice
cen furnished to the Executive heretofore.
an (by leave) introduced
24) to prevent the cultivation of colton during the year

1862;
which was read the first and second times.
Mr. Phelan moved to refer the bill to the C'omruittcc on the
Judiciary.
Pending the consideration of which,
On motion by Mr. Barnwell,
The Senate resolved in to secret legislative session.
The doors being o ened,
A message
- from t e House of Representatives, by Mr. Lamar:
H ~ pTe&jent:
.
The House of Representatives have instructed mc to return, in

accordance with the request of the Senate, the resolution (H. R. -) recomrnending
thp, planters of the Confederate States to refrain from the cultivation of cotton and
tobacco, and to devote their energies to raising provisions.

On motion by Mr. Orr,


The Senate adjourned until tomorrow morning a t 1 2 o'clock.
SECRET SESSION.

The President laid before the Senate the report of the Secretary of
the Treasury; which was read.
On motion by Mr. Haynes,
Orhped, That it be referred to tho Committee on Finance, and that
50 copies theroof be printed for the use of the Senate.
,
On motion,
The Senate resolved into executive session.
The doors being opened,
Mr. Semnics presented a substitutc f o r the bill (S. 9) to make Treasury notes a le a1 tender.
OwZered, T at it be printed.
Mr. Hill submitted the following resolution; which was considered
and agreed to:

Resolued, That the Committee on the Judiciary be instructed to inquire and report
whethcr the Congress have the power, under the Constitution, to make Treasury
notes and other paper issues a legal tender in payment of private and public debts,
md the cxtent of such power.

Mr. Sparrow, from the Committee on Military Affairs, to whom


was yefcrred the bill (5. 22) to providea staff for the general assigned
to the command of the Army, reported it, with an amendment thereto,
by way of substitute.
On motion by Mr. Orr,
The Sent to iidjourned unti, to-morrow morning a t 1%
O'&&.
EXECUTIVE SESSION.

The following message mas received from the President of the Confederlltc States, hy Mr. Robert Josselyn, his Secretary:
RICHMOXD,
I&irch 14, 1862.

I nominate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON DAVIS.

63

SENATE.

Mar. 14, 1862.1

CONFEI)ERATE
STATES or

IkvlERICA, m A R DEPARTNEXT,

Richmond, Narch 13, 180'2.


SIR: I have the honor to wconimend I h e following nominations for appointment
in the Prorisional h m y of the Conlederate States of America.
I'lRSl'

ALhB.4X.I

CATALRI- REOIXEXT, PROVISIONAL A R X Y .

('olonel.

dames 11. Clanton, to take rank Dcve1nbt.r 3 , 38131,Alabama.


I,iruirrrccril-c.olo~ccl.

1LI. W. Iianiion, to takc rank lleceinber 11, 1861, Alal)ai~ia.


.IfCL;or.

W. W. Allen, to take rank December 11, 1861, B1al)ama.

(hlo,Lel.

F. I<. lievk, to tahe

iililli

S o v c ~ ~ n l ) 5,
e r 1361, A l a 1 ~ ~ 1 l d .
I,ieutericci2l-c.oloncl.

Joseph B. Bibb, t o tal,e rank Soveinbcr .5, 1861, AUaba~un.


ilfajor.

Felix Tait, to take lank So\-eiiilocr 5, 1861, Alnbaiiia.


EI,EVESTII TEXAS C'.i\'ALHT IG%I>IEXT,

PILO\ J S I O S A L AR>lY.

Colod
William C. Youiig, to take rank October 2, 1861, Texas.
~~IPUf('l7(ktI!-CO~~ll~'/.

Janirs .J. T)iaiiioiitl, to take mnlr Oclobcr 2, 1861, Texas.

John IT.JLiyrant, to takc ralik 0ctol)cr 2, ISM, T~xaq.


'1'111111) <~EOl;(.I
1

F \ T A L R Y IIATTI\L~ON, PI<(>\ l h l O Y h l i ZRIlY

ARlrjor.

Uuncnii I,. Clinch, to take rank February 24, 1862, Georgia.


EI(i1ITII YIRGINI.\

CAVALRY REGIMENT, l ' R O ~ l \ I O I \L ARMS'.

Jlajor .
Henry Pitzhugh, to tako rank March 11, 1862, Tirginia.
SEVENTII

m n x I , I o x , m o \ ibiox.ir,

~ O U T F TCAROLIITA

nltl\Iy

llqjor.

P. IT. Selfion, to take rank February 24, 1862, Sonth Carolina.


HIXTIC , \ l t K A I S A S C t T A L l t Y

13A'I"l'ALlOV,I'ROVISIOSAL

Ma'jor.

David C;. White, to take rank >Iarc*h11, 1862, Brkansas.

ARMY.

Brigade quartermasters, 7 d h the rank

Of rlLc+Jr.

* c. E. Snodgram, Virginia; J . Blair Hoge, Virginia; Madison J k h f e e , Slississippi;


Virginia; Benjamin T. Duval, Arkansas; John S. Green, South
philip H. poW<ers,
Carolina
Bssistant quartcvnasters, with the rank of captain.

Alabama; John H. Parkhill, Virginia; James 31. Russell, Georgia;


B. F.
Thomas M. Barker, South Carolina; William Old, jr., T7irginia; George E. Taylor,
-;
L. B. Norrell, _ _ ; G. D. Mitchell, Missouri; S. 8. Stakely, Tennessee;
William L. Sharkey, jr., Mississippi; Williani F. Poung, Arkansap; Thornas W.
Oliver, Alabama; Alfred B. Chunn, North Carolina; Thomas TV. Randolph, Texas;
H0war.d Lindsley, Virginia; Thomas Henderson, Virginia; Arthur B. Btillard, MILslsslppl; Alfred F. Branham, Florida; George F. Watson, Alabama; William H.
Gibbons, Georgia; Walton Smith, Arkansas.
Brigade commissaries, with the rank of nti@v-,
A. Milton Hawken, Mississippi; D. T. Webster, Alabama; John D. Allen, Tcnnessee; R. V. Bonncau, South Carolina.

ilssktunt commissaries, with the rank of captain.


John A. Walker, Georgia; William D. Van Dyke, Tennessee; E. A. XcWhorter,
Alabama; James C. Duty, Texas; D. R. Hawkins, Tennessee; John B. Ogden,
Arkansas; T. C. Brewer, Alabama; J. W. Stansell, Arkansas; John D. Sprigg,
Arkansas; J. J. Beauchamp, Mississippi.
Clwpluin.
Benjamin J. Baldwin, Georgia.
rldjutnnls, u ith [he runk offr
William W.Head, to take rank January 28, 1862, Georgia.
Janies R. Rinford, to take rank August 31, 1861, Mississippi.
Jamm 11. Jiidkins, to take rank December 11, 1861, Alabama.
0. M. Mcssirk, to take rank October 2, 1861, Texas.
11. (hldthwaite, to take rank November 5, 1861, Alabama.
Williani M. Brewcr, to take rank November 16, 1861, Tennessee.
Thomas Lewis, to takc rank March 5, 1862, Virginia.
John H, Ilorne, to take rank February 6, 1862, Arkansas.
-1ssislrcnl ac@&mts-genercil, zcith the rank of captain.

O s n l ~ nI,aLrobe, to take rank March 11, 1862, Virginia.


I3enry Craft, to take rank March 11, 1862, iMis8issippi.
Aacl.q-dr-camp, with the rank of lieutenant.

F m n ~ i (si . lia\-(ncl, first lientcnant, to take rank March 11, 1862, South Carolina.
(ieorge T. IGLllks, first lieutenant, to take rank March 11, 1862, Mississlppl.
William M c ~ ~ l l jr.,
l i ~second
,
lieutenant, to take rank March 11,1862, Mississippi.

Ihpneer, witk the rank

v. shelilia, l o take ?:ink March 7,

of

captain.

1862, I,omslttna.

65

SENATE.

Mar. 14, 1562.1

FIRST LOUISIANA ARTILLERY REGIMERT, PROVISIONAL ARMY.

Second lieutenants.
William Palfrey, to take rank March 6, 1862, Louisiana.
John T. Purvea, to take rank March 11, 1862, Louisiana.
J . P. Butler. to take rank March 12. 1882. Louisiana.
1m i , kr, renpectiuliy, your obedient servant,
J. P. BENJAMIN,
Xecretuy of War.
To His Excellency JXOPX%ON
DAVIS.
President, etc.

The message was read.


On motion by Mr. Hunter,
T h e Senate proceeded to consider the nomination of WiIliam Old,
jr., as assistant quartermaster, with the rank of captain.
Whereupon, it was
Rm2ued, That the Senate advise and consent to his appointment,
agreeably to the nomination of the President.
On motion by Mr. Clark,
T h e Senate proceeded t o consider thc nomination of 0. D. Mitchell
as assistarit quartennabter, with the rank of captain.
Whereupon, it was
ResoZved, That the Senate advise and consent to his appointment,
agreeably to the iiornination of t h e Prwideut.
On motion by Mr. Sparrow,
Ordeyed, That the nominationb in the foregoing list not this day
confirmed bc referred t o the Corninittee on Military Affairs.
T h e following lriessage 'was rfceivcd from the President of the
Confederate States, hy Mr. Robert Josselyn, his Semetary :
RICHJIONI),

llfUrCh I S , 1862.

l o the Xenak of thr Cbnjedtwh States.

I nominate t h e persons named i n the'annexed Iettpr of thv Secretary of the Navy,


agreeably to his recommendation.
J EFFJ!!ESON DAVIS.
PE SrAl'W, S A V Y DEPARTXENT,
c0 I
h'tchmond, March I d , 1862
To thc I ' l ~ l > s l I ~ ~
honot to r(~roiiiiiit~nd
the follon rng lioniirmtior~for appointments
in the S a v y of the Confederate States, under act of Congress (No. 146) approved
'Nay 20, 1861:
Lic UlP7L~LlIl.
Williairi IT. Ward, of Virginia.
hugbas F. Forrest, of Virginia; IViIliaiii 11. Odenlieinier, of Georgia.
I am, respectfully, your obedient servant,

s. It. 319LLOIZY,

Secretary of the Nuvy.

The message was read.


Ordcred, That i t be referred to the Committee on Naval Affairs.,
The following message was received from the President of the Confederate States of America, by Mr. Xobert Josselyn, his Secretary:
RICHMOND,March 13, 2862.
To the Senate of the C'onfderrtte States:
I nominate the persony named in tlir annexed letter of the Secretary of the Savy,
agreeably to his recornmendation.
JEFFERSON DAVIS.
c J-VOL 2-04-5

JOURNAL OF THE

66

[&far.14, 1862.

To the PRESIDENT.

sIR.I have the honor to recommend the followirig nominations for appointments

~~~v of the Confederate Stat(+, under act of Coneress ( S O . 331) approved


December 54, 1861:
Lieutenantsfor the war.
Robert J. Bowen, of Nississippi; Edwin F. Gray, of Tesas; I?. R. Brand, of Louisiaria; George W. Gift, of Tennessee; Thomas W. W. navies, of Alabama; Patrick
McCarrick, of North Carolina; S. Wellford Corbin, of T-irginia.
dsszstant paymusters for tile war.
junius J. Lynch, of l\laryland; Samuel W. Hutchinson, of 1,ouisiana; Leslie E.
Brooks, of Alabama.
Assistant stirpons joT the war.

in tbk

Marcellus Ford, of Virginia; Robert T. Baldvin, of Virginia; S. L. Bonner, of


Virginia.
With much respect, your obedient servant,
S. R. ?rIALLORY,
Secretary of the N a y .

The message was read.


Ordered, That it he referred to the Committee on Xaval Affairs.
The following message was received from the President of the Confedcratc States, by Mr. Robert Josselyn, his Secretary:
RI~HMOVT),
&rch 14, 1869.

To the Senate qf the Coqfeedwate States:


I iioniinate the officsers on the accompanying libt to the rank affixed to their names,
respectively, agreeably to the recommendation of the Seerekary of JVar.
JEFFERSON DATIS.
~ 0 N F W l ) l X\ T E 8TATES O F d \ I E R I C A , W.\R

DEPBRTMEKT,

Rzchnaoiid, & m l L 16, 1862.


Sm: I haw the honor to rwoiiiniend t h e following nominations for appointment
in the Prolisional A r m y of the Confederate States of Anierica:
IS,.iClccdCr-genernls.

Seth It. Barton, to take rank March 11, 1862, Virginia.


Dabney 11. Maury, to take rimk March 12, 1862, Yirginia.
John J3. Villt>pigue,to take rank Jlarch 13, 1862, South Carolina.
i-ienry E. MrCullorlt, to tHke rank March 14, 1862, Texas.
.John S. I%owni,to take rank Mtirc~h14. 1562, Missouri.
13. 1i. ITelin, to takc rank Marcli 14, 1862,Kentucky.
I am, sir, rcspectfully, your obedient servant,
J. P. BENJAMIN,
Secretary of War.
To liis Exc~rllcnryJ

Tho mcssago w a s read.


Or~Ze?ad,that it be rcferrod to thc Coiinnittee on Military Affairs.
Mr. Sptwrow submitted the following resolution; which ~vasconsidorcd t ~ n c lagreed to:
I:csolic.d, That tlic Secretary of the Senate be dirrcted to inform the President that
tlte mines OI l h t m It I)unn and Jolin EI. Munford, llolrlirlated as second lieutenJ3sttalion, \%ereincorrectly axid by error reported to him

Inotion hy Mr. Seniitips,


Xhe 8cikitc resolved into secret, Icgislativc session.

011
r 7

Mar. 15,1YFZ.I

67

SENATE.

SATUKDAY, MARCH15, 1862.


OPEK SESSION.

On motion hy Mr. Sparrow,


OrcZmd, That R. 0. Dtividson have leave t o withdraw his memorial.
Mr. Sparrow suhmitttd the following resolution for consideration:
IZesolrecl ((heTouse of Represeiitcitiues concurrinq) , That Congress will adjourn on
ThurPday, the twenty-seventh day of March, eighteen hundred and sixty-two, at
twelve oclock rn., to iiieet again on the
day of
ncxt, in the city of
Richmond, unless called together at boiiie other time 01 place by proclamation of the

President.
Tlie Senate resnmed, as in Coininittee of tlic Whole, the consideration of the bill (S. 24) t o prevent the cultivation of cotton during the
year 1862; and the question being on referring the bill to the Committee on the Judiciary,
After debate,
On motion by Mr. Hill,
Thc Scnntc reholvcd into scvrct legislative session.
The doorb k i n g o p ~ n c d ,
On motion hy MI*.Burnett,
Thc vote by ndiich t he rcsolution (11. B. -) recwnmcnding the
plantcrs of the Confederate Statcq to wfrain Prom the cultivation of
cotton aiid tolmcco, and dcvotc their energies to raising provisions,
W ; ~ Si.ojtlc.tetl, was ruconsidercd.
On the question,
Shall tho resolution p:tss?
It) was dcterminecl in the affirni:Ltivc, Nays
yeas-----------------.
_ _ - - _ _ _ _ _ _ _ _ _. lo
8
On iriotion by Mr. Brown,
Tlie yens and nays being desired hy one-fifth of the Senators present,
Those who voted in the afirmative are,
ctt, Clay, Clark, Davis, Iicnry, Mitchel, Orr,

Those wlio votcd in the negative nic,


Mcbhrs. 13tlrnwel1, IIaynes, Iluntcr, Oldhani, Ihelsn, Pcyton, Preston, and Wigfall.
So it W ~ L S
I?csoZucd, That this rebol ution p , and that the title thereof bc as
aforesaid.
O~cZmed,That the Secretary iii-fonn the House of Representatives
thereof .
MY, I h y n c s submitted the following resolution; which was considered aid agrccd to:
K m l w d , Tliat t h c x Conniiittrr on Finance he instructed to inquire into the expedienvy of providing l ) ~ la\\.
for obtaining, Ity \ l a y of loan, for the use of the Confedc>rateGo\ erni1ient, on thtl bonds of said Go\ ernment, having twenty years to run, at
a n interest of eight per cent per annuni, from the timr when the blockade now upon
the Honthcrn ports shall have been removed, such qnantity of cotton now on hand in
the Confcderate States as the Secretary of the Treasury may be able to procure, and
report by bill or othervise.

On motion by A h . Brown,
The Senate adjourned until Monday morning a t 1 2 oc1oc;k.

[Mar. 15,1862.
SECRET SESSION.

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


My. Pyesident: I am instructed to inform the Senate that t h e House of Represents.
tives have passed, in secret session, a bill (H. R. -) to be entitled An nit to provide
for the further defense of the bay of Mobile and the Alabama River.
I n which they request t h e concurrence of the Senate.

The Senate proceeded to the consideration of the bill (H. R. -) this


day reported from the House of Representatives for concurrence;
which was read t h e first and second times and considered as in Cornmittee of the Whole; and no amendment being made, was reported to
the Senate.
Ordmed, That it pass to a third reading.
The said bill was read the third time.
Resohed, That it pass, and that the title thereof he as aforesaid.
Ordered, That the Secretary notify the House of Representatives
thereof.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 22) t o provide a staff for the general assigned to
the command of the Army.
On the question to agree to the following reported amendment, viz:
Strike out all after the enacting clause and insert:
That whenever the President shall augsign a general to duty a t the seat of government, the said general shall be entitled to the following staff, to wif: A military
secretary, with the rank of colonel; four aids-de-camp, with the rank of major; and
such clerks, not to exceed four in number, as the President shall, from time to time,
authorize. The pay and allowances of the military secretary and aids-de-camp shall
be the sanie as those of officers of cavalry of the like grade; and the salaries of the
clerks shall not exceed twelve hundred dollars per annum for each. Such officers,
office furniture, fuel, and stationery shall be provided for t h e said general as the
duties of his ofice may render necessary; to be paid for out OC the appropriation for
the contingent expenses of the War Department,

It was decided in the affirmative.


No further amendment being made, thc bill was reported to the
Senate and the amendment concurred in.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time, and the title was amended.
B ~ o h dThat
,
it pass, and that the title thereof be An act to provide a staftand clerical force for any general who may be assigned by
the President to duty at the seat of government.
Ordered, That the Secretary request the concurrence of the House
of lteprcsentatives therein.
On motion by Mr. Mitehel,
Tho Senate resolved into cxccutive session.
EXECUTIVE SESSION.

The fol\owing message was received from the President of the Confederate States, by Mr. Robert ,Josselyn, his Secretary :
10 the P r e d m t of the Seriate of tlic Confedeyate States:
I nominate the persons named in the annexed letter of the Secretary of the Navy,
agreeably to his recommendation.
JEFFERSON DAVIS.

Mar. 17, 1862.3

SENATE.
NAVY

69

DEPARTXEXT, CONPBDERATE STATE5,


March 14,186g.

The PRESIDENT.
SIR: I h a r e t h e honor to iecomiiierid the following nominations for a p ointments
in the Xary of the Confederate States, under act of Congress (No. 331f approved
December 24, 3 861 :
Lirutenunt jot the war.
Tiioiiias Arnold, of Arkantias.
Assistant s u r g r m for the war.
Tlioiiias Emory, u i Maryland.
With moch reapect, your obedient servant,
S. R.MALLOEY,
Secretary of the Navy.

The message was read.


On motion by Mr. Henry,
The Senate proceeded to consider the nomination of Thomas Arnold,
of Arkansas, as lieutenant for the war j when it was
Resolved, That the Senate advise and consent to his appointment,
agreeably to the nomination of the President.
On motion,
Odervd, That the nomination of Thonias Emory be referred to the
Conniiittee on X'avsl Affairs.
Mr. Brown, from the Cornmittce on Naval Affairs, to whom was
referred (on the 14th instant) the nominations of William H. Ward,
as lieutenant, and Douglas l?. Forrest and William H. Odenheimer, as
assisttint paymastcrs, reported, with the recommendation that all of
said nominations be confirmed.
Whereupon, it was
Resohed, That the Senate advise and consent to thcir appointment,
agreeably to their nomination hy the Resident.
Mr. Brown, from the Committee on Naval Affairs, to whom was
referred (on tho 14th instant) the nominations of Iiobevt J. Bowen,
Edmin F. Gray, F. B. Brand, George W.Gift, Thomas W. W. Davies,
Patrick McCsrrick, arid S. Wellford Corbin, as lieutenants for the
war ; Junius .I. Lynch, Snriiuel W. Hutchinson, and Leslie E. Brooks,
t:mt payniaSters for the war; and Marccllus Ford, Robert T.
Baldwin, and S.1,. Bonner, a:, assistitiit surgeons for the war, reported,
with t h e rrconirnendation that all of said iioiiiinations he confirnied.
Whereupon, in concurrence therewith, it was
Re.vohed, That the Senate advise and consent to their appointment,
agreeably to the nomination of thc President.
On niotion by Mr. Sparrow,
The Senatc resolved into secret legislative session.

OPEN SESSION.

The Senatc resumed, as in Committee of the Whole, the consideration of the bill (S. ?A) to prevent the cultivation of cotton during the
year 1862;
MThen.
After debate,
OTdered, That it be referred to the Committee on the Jndiciary.

JOURNAL O F THE

70

[Mar. 17, 1862.

The following message was received from the President, by Mr.


Robert Josselyn:

EXECUTIVE
~ePaivrJrExur,jtfarch 17, 1863.
T~the President of the X e M e of the Confederttle states.
I have appointed Burton K. Harrison, of ;\lissiesippi, Ill?. IrlVate Secretary, in
the place of Robert JoSselyn, resiglled.
JEFFERSON I)AVIS.

Mr. Johnson (by leave) introdilccd


A bill (S.25) to repeal act NO. - of the Provisional Congress of
the &ifederate States, arid to enact a substitute therefor:
which was read the first and second times and referred to the Committee on the Judiciary.
A message fronl the House of lbqxwentatives;, 1)sA h . hLl>%r:
Mr. ppesicieent: The Ilouse of Representatives have passed a 11111 (11. It. -) proTkiing for ti3e electiorl of a printer to the two I-Iouses ol Congress, in which 1a m dirc.cted
to ask the concurrencc of the Senate.

On motion by Mr. Sparrow,


Ordered, That the Committee on Military Affairs be discharged from
the further consideration of the resolutions of the North Carolina State
convention relating to the reenlistment of volunteers, and that they
lie on the table.
Mr. Johnson (by leave) introduced
A bill (S. 26) to regulate the navigation of the Confederate States,
and to establish dircct trade with foreign nations;
whichwas read the first aiid second times and referred to the Committes on Commerce.
Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the bill (S. 1)to legalize the organization of certain conipanien
in Tennessee, reported it, with the motion that the committee he discharged from the farther consideration of the bill, and that it lie upoii
the table.
On motion by MI.lhrnctt,
O r d m d , That tlic furthcr con&m,tion of the bill be postponed
until tomorrow.
A iriessago froin tho Ilouse o f lteprcsentntives, by Mr. Laniar:
MY. Pwsidntl: Tbc IIoiise of Representatives have concurred in the a ~ ~ l c l ~ d m eof
iits
the Senate to tlw atrienthnents of the House to a bill of the Srnate (S. 12) to regulate
the eoinpenstition of thr ofiicervof the Sen& and of the llouse of Representatives.

On motion by Mr. Scniines,


The Senate proccedecl, as in Committee of the Whole, to the consideratiou of tho bill (S. 23) to regulate the inode of paying the
meinbsrs of thc, Scnste aiid House of Ltepresentatires, and the disbursement, of the contingent fund; aiid having been amended, it m s
reported to t h Scnatc and tho amendments were concurred in.
O?d#d, That it he engrossed am1 read :t third time,
The said bill was read the third time.
RHoLJued, That it pass, and that the title thereof bc as aforesaid.
Orilered, Thiht the Secretary request the concurrence of the House
of Beprescntativcs therein.
The Senate x-oceeded, RS in Committee of the Whole, to the consi&mtion of t 18 bill (S. 17) to encourage enlistments in the Corps
of Marines; and no amendment being made, it, was reported to the
Senate.
Ophed, That it be engrossed arid read a third time.

SENATE.

Mar. 17,1862.1

71

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.
On motion by A h . Sparrow,
The Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Orr,
The Senate adjourned iintjil to-iiioriow nioming at 1%
oclock.
SE:aBB:T SESYIOS.

A message froin the House of Iteprcseiitatives, J J A~ h . Lamar:


Preside9it: Tlie IIonse of tlrpresentatiw.; liaw passed a bill (11. H. -) to provide further for the public defeiiqe, i n \\ Iiic.11 I a111 tlircctcJc1to rqiiest the concw~ence
of the Senate.
My.

Thc Seiiate procecdcd to thc consideration of the hill (11. It. -) to


provide f orthcr. for the piiblic d~ferise,this day corniiiunicatcd from
the 11ouse of Representatire.: f o r conmrrciiw; which was read the
first and second tiines and referred t o the Cominittee on Military
Affairs.
On motion by Nr. Sparrow,
Ordem?, That all further consideration of tfic resolution offered by
him yesterday, for adjouriiinent on the 27th instant, be in secret legis1tLtive session.
On motion by Mr. 13rown,
OrcZered, That the vacancies occgsioned in the Committee on Xaval
Affairs by the shsence of Messrs. Doitch, Ualtcr, and Siiims fi.oni the
sessions of the Senute, be filled tcmporarilp hy the Pwsitlent.
Mr. Davis was appointed in ldace of Mr. Dortch, Mr. Trill i n place
of Nr. Ualter, and Mr. Barnett in place of MY.Sinim.:.
On motion by M r. Seniincs,
The Senatc. procwded, RS i n Committee of the JVholc, to the consideration of thc bill (S. 10) to authorize the Irerident to corwone Congress at extraordinary tinics and pl:~ccs.
On motion by Mr. %Till,to amend the bill by strilying oiit the words
the President shall decin i t 11
ary to convene Congress a t an
extraordinary place and inser
lieu thereof the words in the
judgment of the President the publie exigency shall rrqiiire,
It was decitlrbd in the affirmatire.
Pending the motion hy Nir. Brown. t ha t the bill lie upon thc table,
The followino- message was rcceived from the Hoixse of Representatires, by Mr.
M y . 1re.uident: T h e Speaker of the liousc~of Rep
tativex ha\ ing fiipiml an

mar:

enrolled bill (H. It. -) to proi itle lor tlic fnrthrr d e f


of tlie Bay of Mobile and
tlie A labaim Itivcr, ant1 a hill (8. 7 ) to rtygilate the
ruction of property iinder
military necessity, and to provide for thcx indemnity thercof, 1 ail1 directed to bring
them to t h e Senate for the sigiiature of their President.

Mr. Phelan, from the committee, reported that they had exmined
and found truly enrolled the following bills:
1. R. -. An act to proiride for the further defensc of tho Ray of
Mobile and the Alabama Biver; and
S. 7. An act to regulate the destruction of property under military
necessity, and to provide f o r the indemnity thereof.

18, 1862.

The President having signed the enrolled bills last re orted to have
the were delivered to the Secretary, an by him forthnted to t e President for his approbation.
On motlon by Mr. Semmes,
The Senate resolved into executive session.

!i

EXECUTIVE SESSION.

The following message was received from the President of the Confederate States, by Mr. B. 8.Harrison, his Secretary:
* RICHNOND,
re&.,
J[U?ch 17, 1869.
To the Senate of the Conjederate Rates:
I nominate, for the advice of the Senate, tlie following-nalllecl officers, viz:
For Secretary of State, J. P. Benjamin, of Louisiana
For Secretary of the Treasury, C. G. Memtriinger, of South Carolina

For Secretary of War, G . W. Randolph, of Virginia.


For Secretary of t h e Navy, S. R. Mallory, of Florida.
For Attorney-General, Thomas H. Watts, of Alabama.
For Postmaster-General, John H. Reagan, of Texas.

JEFFERSOK DAVIS.

The message was read.


On motion by Mr. Orr,
Ordmd, That it lie upon the table.
On motion by Mr. Om,
The Senate resolved into open legislative session.

TUESDAY, MARCH18, 1862.


OPEN SESSION.

Mr. Oldham, from the Committee on Yost-Offices and Post-Roads,


to whom was referred the bill
R.-) to establish certain port routes
therein named, reported it without amendment.
The Senate proceeded t o consider the bill last mentioned (11. E.-) BS
in Committee of the Wholtl; and no amendment being made, it was
reported to the Senate.
Or&~ed,That it pass to a third reading.
The said bill WRS read a third time.
Resolzted, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary inform the House of Representatives
thereof.
On motion by Mr. Hill,
Ordmd, That the Committee on the Judiciary be discharged from
the further considcration of the bill (S. 24) to prevent the cultivation
of cotton during thc year 1862, and that it lie upon the table.
On motion by MY. Karnmell,
The Yenfite resolved into executive session.
The doors being opened,
The following mossage was received from the President of the Confederate States, by Mr. 3. N. Karrison, his Secretary:

(a.

dFr. Irasidmt: The President of tlie Confederate States, on yesterday, approved


and signed tho following act:
8. 7. An act to regulate thc destruction of property under military necessity, and
to provide for the indemnity thereof.

Mar. 18, 1862.1

SENATE.

73

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


Mr. President: The House of Representatives have passed the bill from the Senate
(S. 11) to regilctte the compensation of members of Congress, with amendments;
in which amendments I am directed to ask the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of


Representatives to the bill (S. 11)last mentioned; when it was
Bexolved, That they disagree to the first, second, and third aniendments, and agree to the fonrth and fifth amendments.
Orclwed, That the Secretary inform the House of Rcproscntatives
accordingly.
On motion by Mr. Johnson,
The Senate adjourned until to-morrow morning a t 1 2 oclock.
EXEGUIIVE SESSION.

The Senate resunied the considcration of tho following nominations:

S. It. hlallorg, Srcrctary of the S a y ;


Tfioiuav 11. Wath, A ttorxiey-Cieiierd; :rnd
J o h n 11. Reagan, Postniastrr-(jeneral.

And on the question,


Will the Senate ndvise and consent to tlie appointment of J . P.
Rr 11j aniin ?
It was determined in the afirnicLt1ve.
On thc question,
Mill the Senate, advisr, nnd consent to the appointment of C. G.
Meinmingtr :1
It was determined in the affiriiiativr.
On thc ynrstion,
Will the Scnate :idvise :Lnd consent to the appointment of G. W.
Randolph ?
It w a detnmiiiied
~
iii the allirni:tti\
So it was
Besc,7?~~&
That the Senate advise and consent to the appointment of
J. Y. Benjamin, C. G. 1\Ieniminger, and G. W.Randolph, agreeably to
the nomination of the President.
On tlie question,
Will the Senate tidvise and coiiscnt to the appointment of S. R.
Mall ory ?
The yeas and n q w being asked by Mr. ISapes,
On motion b y Mr. O n 7
OrdewJ, That the nomination of S. ]It. Mallory lie upon the table.
On motion by Mr. Orr, that the vote by which the nomination of
J. P. Benjamin mas confirmed be reconsidered,
It was determined in the negative, Nays
Y e a s-- - - ---- --------- .~- - - -.- - .-- 1 3
On motion by Nr. Orr,
The yeas and nags being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Burnett, Clay, Clark, Dortch, Haynes, Orr, Preston, and
Semmes.
(7.

JOURNAL OF THE

[&far.18,1862.

Those who voted in the negative a%


~ e ~ ~Barnwell
r s , Brown, Davis, Henry, Hill, Hunter, Johnson,
Mitchel, Oldbani, &elan, PeytOn, Sparrobv, and J%fall.
tile Senate refused to reconsider the vote confirming- the norniuation of J . P. Benjamin.
The Senate resumed tho consideration of the nornillation of s. R.
Mallory; and
After debate,
On the question,
Will the Senate advise and consent to the appointment of S.R.
M allory ?
Yeas___ _ - - - - - - - - - - - - - 13
It was determined in the affiim-itive, 1 N ~ 7s
- \ - - ...- - -- 6
On motion by Mr. Haynes,
The yeas artd llays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Burnett, Clark, Hill, Hunter, Mitchel,
Oldham, Phelan, Yeyton, Sparrow, Semmes, and kk'igfall.
Those who voted in the negative are,
Messrs. Davis, Dortch, Haynes, Henry, Orr, and Preston.
So it was
Resohved, That the Senate advise and consent to the appointment of
S. R. Mallory, agreeably to the nomination of the President.
On the question,
Will the Senate advise and consent to the appointment of Thomas H.
Watts?
It was detcrmincd in the affirmat'we.
On the question,
Will the Senate advise atid consent to the appointment of John 1.
Reagan ?
It was deterniincd in the affirmative.
so it was
Row?ocd, That the Senatc itdvise and consent to the appointment of
Thomas 11. Watts and John 11. lieagmi, agreeably to the nomination of
the 1Trcsiclent.
On motion by Mr. Hill, to rcconsider thc Tote by which the nominations of C. G. Meninlinger, Q. W. Randolph, S. R. Mallory, Thomas
H. JV:itts, :~nd.John 11. B e a p n were confirmed,
It was docidetl in the negative.
Mr. Sparrow, froin the Coinrnittec on Military Affairs, to whom was
roferrcd (011 the 14th instant) thc nominations of Seth M. Barton, Dabm y 11. Nl:tury, John 13, Villepigue, Henry $2. McCulloch, J o h n S.
IJowcn, and 13. 1-1. Helm as brigadier-generals, reported, with the recommondation t h a t all of said nominations be confirmed.
Tho Senate procecdcd to the consideration of said report; 'and i n
concurrciice therewith, it ~vah
~ ( ' ~ ~ o' h~ t' dthe
, Senate advise and consent to their appoiIltmcnt,
agI'Cc%blyto the nomination of the Pr.er,ident.
Mr. Sprrobv, from the Comniittee on Military Affairs, to whom
was rcferrcd (on the l l t h instant) the nominations of 13. F. Cheatham,
Samuel tJOIlcs, and John 1'. McComn, 8s Inajor-generals; J. M. Hawes,
G. 23. Stcuart, W. D. Smith, 3. 13. Slaughter, C, W. Field, John
ForneY, and 1'. J. Scmmes, as brigadier-generals, reported, with the
~e~Ol~lIIlenC~~~tiOil
that dl of said nonlinations be confirmed.

so

a.

SENATE.

Mar. 18,1662.1

75

The Senate proceeded to t h c considerntion of said report; and in


co~icurrencetherewith, i t was
Resolved, That the Senate advise and consent to their appointment,
agreeably t o the nomination of the President.
Mr. Sparrow, from the Cominitkee oii Military Affairs, to whom
was referred (on the 10th instant) the nominations of It. G. Higgins,
Jaines Grirrishaw, and Leoiiidas R.Smitli,,as brigade quartermasters,
with the rank of major; d i ~ i i i eL.
~ Powers, Iiobert Iapc, d . JT. Sinis,
Williain G. ( hnni on, Henry T. Ti~ckcr,George l. A n d r e w , TIel~ry
E. Loebnitz, Alexander llTinn,s l i d .Jaiiws ILkissell, ~ L as4sttLnt
S
qii:utcq-masters, with the rank of e q h i i i ; Airxi IZ:tbbitt, WiI1i:mi 1. Duiicm,
and Thoinas ,I. Iligginhothniii, HY brigtde conniiis~ari(~s,
with tlie rank
of niajor; John G. Turpin, J . 13. Iremitt, rJohn T. GIRV~S,
and 1L 12.
Nash, a9 assistant romiiisszrics, with the i.ank of captain; 1. 11. Tliotiison, A. G. IXcltinson, and A. 1. Mwon, :is assistant adjutaiitr-yciiol.nl,
with the rank of captain; Clmrlcs Iiclrett, d . Hobert Ti-olip,Nor1n:~nS.
IValker, H. 31. &fitthew, ~ n Joliii
d
A. Cohh, iis aids-de-camp, with the
rank of first lieutenant; C. I. 1)immoclt m d Francis 1,. J. Thyssens,
as caginecri, with thc, rank of captain; 11. ,J. liogers, a:, eiiginecr, with
thc rank of first 1ieuten:mt; IVilliam 11. Gillcrpic, G. I)oniiellan, and
John W. Green. :id ciigiiieclrs, with the rank of sccond lieutenant; and
J. 13. Carter, as licutetiant-coloticl of itrlillcry, reported, with the
rcconimendatioii ttmt all of mid noriliuatioiis tJe confirmed.
The Scnute procoded to tlie consideration of said report; : ~ n din
coiiciirrenee thcrcwith, i t w w
i;lewI~ed,That the Scnate advise and consent to their :tppointment,
agreeably t o the noniination of tlic fresident.
Nr. Sparrow, from the Comiriittcc on Military hff
airs, to whom
was referred (on the 14th instant) the nominations of dames 11. Clanton, as colonel; Af. W. Iiannon, as lieutenant-colonc1; W.W. Allcn,
major; F. I<. Beck, as colonel; ,Joseph 13. Bilib, as lieutcii:~nt-colo~icl;
Felix hit, as major; William C. Young, as colonel; .Jzslnes J. Diamond,
:LS licuteri:tiit-coloncl; ciohii W.blayr:int. :LS ninjor; Dnncan 1,. Clinch,
as 1JJ:Ljor; I h r y Bitzhugh, as major; 1.11. Xelson, as major; Ihvicl G.
l\71iitc, as major; Jcre H. J . Willi:amh, :LS major; J. Blair Ilogc, C. F:.
Siiodgrass, Mndison McAfce, lhilip 11. lowcrs, and tJohn S. Urcen,
as brigade quartermasters, with the rank of intijor; 13. F. Iiced, John
H. Parkhill, ,7%1IiCS 31. Russcll, Thomtls &
IIarker,
I. George $1. Taylor,
L. B. Noi-vell, S. S. Stakely, William L. Sharkcy, jr., William P.
Young, Thomas W.Oliver, Alfred 13. C h u m , Thomws R. Randolph,
Howard Lindslej Thomas Henderson, Arthur 13. 13ullard, Alfred F.
Branhain, George F. Watson, \Tilliam H. Gibbons, arid Walton Smith,
as assistant quarternit~sters, with the rank of cnptaiti; A. Milton
tIawlten, 11. T. Webstcr, John I). Allen, and fz. V. Bonneau, as brigade cominissnrics, with the rank of major; ,John A. \\alker, William
D. Van 1>yke,E. A. McWhorter, J a m w C. Duty, I). R. Ilawliins,T.
13rewer, ,J. W. Stansell, John I). Sprigg, and 7 . J. Beairchamp, as
assistant comiiiissaries, with the rank of captain; Benjamin d. Ualdwin,
as chaplain; M7illiam W. Head, James It. Itinford, James IT. Judkins,
0. M. Messick, H. Goldthwaite, William M. Brewer, Thomas Lewis,
and J o h n H . Horne, asadjutants, with the rankof firstlieutenant; Osrnun
Latrobe and Henry Craft, as assistant adjutants-general, with the rank
of captain; Francis G. l<aveneI and George T. Banks, as ?ids-de-camp,
with the rank of first lieutonant; Williuiii Mcnillie, jr., as uid-de-

c.

JOURNAL OF THE

[Mar. 19, 1862.

camp, Ivith the rank of second lieutenant; and v. Sheliha, as engineer,


with the rank of captain, reported, with the recommendation that all
of said nominations be confirmed.
The Senate proceeded to the consideration of said report; when, in
ncurrence therewith, it was
&vohved,That the Senate advise and consent to their appointment,
greeably to the nomination of the President.
Mr. Sparrow, froin the Committee on Military Affairs, to whom
was referred (on the 14th instant) the nominationsof Benjamin T. Duval,
as brigade quartermaster, with the rank of major, and John 3. Ogden,
as assistant commissary, with the rank of captain, reported, with the
recommendation that s?id nominations be not confirmed.
The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was
Besolwed, That the Senate do not advise and consent to the appointment of Renjamiu T. Duval and John B. Ogden as nominated by the
President.
Mr. Brown, from the Committee on Naval Affairs, to whom mas
referred (on the 15th instant) the nomination of Thomas Emory, of
Maryland, as assistant surgeon for the war, reported, with the recommendation that his nomination be confirmed.
Whcreupon, it was
Besohued, That the Senate advise and consent to the appointment of
Thomas Emory, agreeably to the nomination.
On motion by Mr. Barnwell,
The Senate resolved into open legislative session.
WEDNESDAY, MAI~CH
19, 1862.
OPEN SESSION.

Mr. Semmes submitted the following resolution; which was considered and agreed to:
Resolcetl, That the Coimnittee on Military Affairs be directed to inquire into the
expedieiq of paying, durino the continuance of the present war, the pensions
allowed by the law of the 8nited States to the widows of deceased officers and
sddiers of thc Ariiiy whose husbands, at the tiine of their decease, were citizens of
any one of the States comprising this Confederacy, said widows now being citizens of
the Confederate States; and report by bill or otherwise.

The Senato proceeded, as in Committee of the Whole, to consider


the bill (S. S) to repeal an act entitled An act to provide revenue from
cornmoditics imported from foreign countries, and other lams impos
ing duties on imports.
On motion by Mr. Oldham,
O?*dmtZ,That tho further consideration of the bill be postponed to
and that it be made the special order f o r Tuesday, the 25th instant.
The Senate proceeded, as in Committee of the Whole, to consider
the bill (8. L8) declaring the officer who shall act as President in case
of vncanciee i n the offices both of President and Vice-president.
On motion by MI-. Hunter,
~)Tcyered, T h t the further consideration of the bill be postponed.
Mr. Ihl.n(!tt submitted the following resolution; which was considcred arid agreed to:
R(8()71>ed,
That the bill (S. 1) to legalize the organization of certain companies in
Tm:msec be reuolninitted to tile Committee on rllilitary Affairs, and that ,said conl-

Mar. 19, 1862.J

SENATE.

17

mittee be instructed to inqiiire into the propriety of reporting a general law that will
recognize officers, and their rank, companies and regiments which may have been
mustered into the service or organized by order of commanding officers without
having the minimum number of men now required by law for companies, battalions,
and regiments.

On motion by Mr. Burnett,


The Senate resolved into secret legislative session.
The doors being opened,
A message from the House of Representatives, by Mr. Lamar:
X r . Presadenf: The Speaker of the House of Representatives having signed an
enrolled bill (H. R. -) to establish certain post routes therein named, I am directed to
bring i t to the Senate for t h e signature of their President.
The House of Representatives have passed a bill (H. R. -) to authorize theSecretary of the Treasury to pay district collectors in certain cases.
The House of Representatives insist on their amendments to the bill of the Senate
(S. 11) to regulate the compensation of members of Congress.

The Senate proceeded to consider the amendments of the House of


Represcntativcs to thc bill (S. 11)last nientiontd, insisted on by that
House; and
On motion by Mr. Burnett,
Resolved, That they insist 011 their disagreement to tthe said amendments, and ask a conference 011 the disagreeing votes of the two
Houscs.
On motion by Mr. Burnett,
Orclc~ed,T ha t the committee of conference on the prtrt of the Senate be appointed by the president pro temporc; and
Mr. Burnett, Mr. 13arnwel1,a n d Mr. Wigfall were appointed accordingly.
Or.cli.r~d,That the StweliLry inform the House of Etcpresentatives
thereof.
On motion by Mr. Burnett,
The Senate a d j o u r n e d until to-morrow morning aLt 1 2 oclock.
SECRET SESSION.

The President laid before the Senatc R coniliiirnication f roni the


Attorney-General in relation to the return to the Senate, from the
Ilepartnicnt of ,Justice, of certain executive documents and papers of
the late Irovisioual Cungi-es;s; wliiclr was read, arid
On inotion by Mr. Johnson,
Ovdewd, That it lie upon the table.
The President laid before thc Senate IL communication from the
Secretary of the Treasury i n response to a resolution of the Senate,
requesting information from him in relation to depositories of funds
at Memphis, New Orleans, and other cities or ports of the Confederate
States; which was read, and
On motion by Mr. Scmmes,
Orcieel-ecl, That it be referred to the Committee on Finance.
Mr. Sparrow submitted the following resolution for consideration:
Resohwl, That in the opinion of the Senate Rule No 38 requires that the yeas and
nays o n nominations should be furnished the President as well as the result of the
action of thr Senate

On motion by Mr. Johnson, to amend the resolution by inserting


after the word (should the word not,
It was decided i n the negative.

JOURNAL O F THE

[Mar. 19,1862.

On the question,

will the Senate agree to the resolution

On motion by Mr. Phelan,


~ p d ~ &That
,
it lie upon the table.
M ~ sparrow
.
submitted the following resohitioil for caonsiclcration:
Resolved, That Senators haveleave to COlnmUnicate freely aid fLllky, in co11fidencel
withthe president of the Confederate states,concerning buuineau In esecutix.L W ~ P I O ~ .
On motion by &IraJohnson, to amend the resolution substituting
therefor the following, viz:
That Rule No. 38 and all kindred questions authorizing, defining, or linliting the
rights, duties, or wishes of individual Seiiators to communicate to and with the
president in re ard to mattem in executive session be referred to the Coinriiittee on
Rules for consic eration and report,

It was determined in the affirmative.

The question 011 agreeing to the resolution as :i~~ertded


then recurring,
It mas determined in the affirmative.
40 the resolution 8s amended was agreed to.
On motion by Mr. Davis, that the Secretary be directed to coinniunicate t o the President the resiilt of the action of the Senate upon the
nominations of yesterday without the yeas and nays,
On motion by Mr. Orr, to amend the motion by stril-~ingout the
word without and inserting in lieu thereof the word *with,
It was determined in the affirmative.
On the question of a reeing to the niotion as amended,
On motion by Mr. Ifigfall,
Ordeyed, That it lie upon the table.
Mr. Yhelm submitted the following amendment to the thirty-eighth
rule of the Senate; which was laid over, under the operation of Rule -1-8:
Insert after tlic word Senate, where it first occurs, the following 1 ~ 0 1
he shall not be furnished with the names of the Senators ~ o t i n gby yeas and m v s
up011 nominations to offic~linade hy the President, but only the general result, in
numbers, :IS declared by the Chair.

On nlotion of Mr. Sparrow,


Tho Seiiate resolved into executive session.
The Senatt: being again resolved into secret legislative session,
Thc, folloxving message was received froin the President of the Confedorato States, by Mr. B. N. Harrison, his Secretary:
EXECUTIVE
DEPXRTSEST,
3furcli 19, 18f;Z.
To the 8 ( ~ ( i ctntt
/ ( j rouse of Representutiwa:
1 herewith transinit a report of the Secretary of mar, supplementary t o a report
lW+etOfOWsublnitted by him, and referred to in that d o c u ~ ~ l e l ~ t ,
JEFFERSON DAVIS.

The rnossage was read.


~ ~ ~ ~ hThat
e it
d ,he referred to the Coninlittee 011 Mi1ihl-y Affairs.
On niotion by Mr. Senimes,
The Senate rcsolved into open legislative session.
EXECUTIVE SESSION.
r ,

Ihc following incssage was received froin the President of tho Confeder:btc States, by Mr. 13. N. Harrison, hi- Secretary:
TOtllp &tiate Oj the Corifedercile Aafes:
I nominate $1. L. Smith, of -;
John Seldom Roane, of Arkansas, and S. R.
(iist, of South Carolina, to be brigadier-generals, agreeably to the recommendation of
the Secretary oE J\ar.
JEFFERSON DAVIS.
J ~ A R C19,
I I 1862.

Mar. 20, 1862.1

79

SENATE.
CONFEDERATE SrA'IE5 OF A X E K I C A , %'AR

DEI"\RTMENT.

Richmond, March 1B, 1862


SIR: I have the honor to recomineritl the following norninatjons for appointment
i n the Provisional Arniy oi the Confederate States of America, to take rank from
date of confirmation :
To be hngndirr-~/~nrrtrls.

11. L. Smith, lmiisiaiin; .John Seldon ILoane, a l r k a n s a ~P.; R. Gist, South Carolina.
I am, sir, respectfully, your obedicnt servant,
J. 1'. BEXJAXIPT,
Secretary o j Wwr.
To His 13xcrllency JSFFJMRON
DAVIS,
Pwsident, etc.

The message was read.


Ordered, That it be referred to the Committee on Military Affairs.
Mr. Sparrow, from the Conimittee 011 Military Affairs, t o whom was
referred (on the 10th and 14th instant) the nominations of Thomas 1%.
Dunn and John H. Munford, 219 second lieutenants i n the First Virginia Battalion, and William Palfrey, J ohri T. Yurves, and d. P. Butler,
as second 1ieuteri:mtb in th e First Louisiana Eegimen t of Artillery,
reported, with tho recommendation that all of mid noruinations lie
upon the table.
Thc Senate proceeded to the con4der:ition of said report; and in
coiicurrence therewith,
O ~ d e m d That
,
the nominations last mcntioned lic upon the table.
Mr. Wigfall, from the Conimittee on Tcrritories, to whom wa?
referred (on the 13th instant) thc following nominations f o r thc Territory of Arizona, viz: For governor, John R. l3t~ylor; secretary,
Itohert eJo9sclyn; chief juhticc?, A1cx:~nder 81. .Jackson; associate justice, Colunibus Upson; attorney, RnsscI IIo.v\.ard; marshal, Samuel J.
Jones, reported, with t he recommendation that, all of said nominations
be contirmed.
T h e Scneto proweded to the. c~onsideri~tioii
of said report; and in
concurrence therewith,
Brsolvrd, That thc Senale advihe and oonscnt to tlicir appointniont,
agreeably to the noniiilntion of the Resident.
On motion hy MY.Smines,
The Senate resolved into scurct legisltitivc session.

THIJRSl3AY, M ~ i t c i20,
~ 1862.
OPEN S ~ S s I O Y .

Mr. Hill presented a series of resolutions adopted by the Georgia


Conference of the 11. 13. Church South, on the state of the country,
and in relation to the reduction of the pay of chaplains in the Army;
which mere referred t o the Coininittee on Military Affairs.
011 iiiotiori by Mr. 13arnwcl1,
Ordgred, That the Committee on Finance be discharged from the
further consideration of a resolution inquiring into the cxpediency
of suspending the collection of duties on foreign imports during the
existence of the war, or during the blockade; and that it lie upon the
table.
:
ii message from the ILouse of Representatives, by Mr. Lamar:
L

dIr. Pwaident.The House of Representatives hare passed a bill (H. 1%.


-) to encotiragc the mantlfacttlre of saltpeter ant1 small arms, in which I am directed to ark the
conciirreiice of the Senate

JOURNAL O F THE
The Speaker of the Houseof Representatives haring Signed 211 en~olleiljoint resolution (H. R. -) recommending the planters of the Confederate !tatcs to \I ithdraw
from the cultivation of cotton and tobacco, and devote their e!ierws to t h e raising of
provisions, I am directed to bring it to the Senate for the Filgnatnre of their PreBident.

Mr. Davis submitted the following resolution; which was considered


and agreed to:
Rexolved, That the Secretary of War be requested to lay before the Senate the of&
cia1 reports of the affair of Roanoke Island.

On motion by Mr. ,Johnson,


The Senate resolved into secret legislative
session.
The doors being opened,
The following message was received from the House of Representatives, by iMr. Dixon, their Clerk:
Nr. President: The &use of Representatives insist on their amendments to the bill
of the Senate (S. 11) to regulate t h e compensation of members of Congress, agree to
the conference asked by the Senate on the disagreeing votes of the two Houses, and
have appointed Mr. Garland of Arkansas, Mr. Ashe of North Carolina, and Mr. Holcombe of Virginia managem at the same on their part.

On motion by Mr. Clark,


The Senate adjourned until to-morrow morning at 1 2 oclock.
SECRET S1:SSION.

Mr. Sparrow, from the Committee on Military Affairs, to whom


was referred the supplemental report of the Secretary of War,
reported it, with the recommendation that it be printed, and that the
injunction of secrecy be removed therefrom.
The Senate proceeded to the consideration of the said report; and
in concurrence with the first part thereof, it was
Or&ieed, That the said supplemental report be printed; and in concurrcnce with the second part thereof,
Besolued, That the injunction of secrecy be removed therefrom.
Mr. Orr submitted the following resolution; which was considered
and agrecd to:
Resoloed, Tliat the President be requested to transmit to our commissioners in
Z.,uropecopies of the su pleinental report of the Secretary ot War, with accompanying documents, of &Iarciseventeenth, relative to a n exchange of prisoners with the
Federal autliorities.

On motion by Mr. Haynes, that a thousand extra copics of thc supplemental report of the Sccretary of War, and accompanying documents, be printed for the use of thc Senate,
O.rdmd, That the motion be referred to the Committee on Printing.
On motion,
The Senate resolved into executive session.
After which, being again resolved into secret le islatiTre session,
The Senate proceeded, a8 in Committee of the %bole, to consider
the bill (S. 2) to levy a war tax on cotton produced in the year 1862.
On motion by Mr. Brown,
O.rdered, That the bill be indefinitely posdponed.
Mr. Clay submitted the following resolution; which was considered
and agreed to:
Jtesolved, That the Committee on the Judiciary be instructed to inquire into the
expediency of providing proper penalties for trading with the erlemy ; especially in
selling, giving, or delivering, or attempting to sell, give, or delivcr cotton, tobacco,
or naval stores to the enemy.

SENATE.

Mar. 21, 1862.1

81

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 9) to make Treasury notes a legal tender.
The question being on agreeing to the amendment offered by Mr.
Semmes,
On motion by Mr. Davis, that the hill and amendment lie upon the
table,
After discussion,
On motion by Mr. Semmes,
The Senate resolved into open legislative session.
EXECUTIVE SESSIOS.

The foIIowing message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
RICHMOND,
March 10,16GZ.
To the Xenate of the Confedelute Xtates:
I nominate William N. 1%.Reall, of Arkansas, to be a captain i n the Corps of
Cavalry in t h r Army of the Confederate States, agreeably to the recommendation of
the Secretai y of Tl'ar.
JEFFERSON DAVIS.
C>~VFEDEI~A~L
STATES
Y<
O F A?(E:RICz%, W A R

DEPARTXEST,

Ktchmond, J h c h 19, 1862.


SIR:I have the honor to recommend William X. It Reall, of Arkansas, to he a
captain in t h e Corps of Cavalry in the A r m y nf the Confederate States of America, to
take rank '\larch 16, 1861.
T am, sir, r~spe'c'tfully,your obedient Pervaiit,
a. P. BENJSMIB,
Acting Secretary of War.
To IIis Excellency J
President, P1r.

The r n c s q y was r m d .
On motion by Mr. Mitchel,
The Senate proceeded to the consideration of the nomination of
William N. R. Reall as captain in the Corps of Cavalry; and it was
Bcsolved, That the Senate advise and consent to his appointment,
agreeably to the nomination.
Mr. Sparrow, from the Committee on Military Affsirs, to whom
was referrcd (on the 19th instant) the nominations of John Scldon
Boane and S. B. Gist as brigadier-generals i n the Provisional Army,
reported, with the recommendation that said nominations be confirmed.
The Senate proceeded to the consideration of the report; and in
concurrence therewith,
Besolvcd, That the Senate advi+eand consent to the appointment of
John SeIdon Roanc and S. &. Gist ah brigadier-generals, agreeably to
the nomination of the President.
On motion by Mr. Hill,
The Senate resolved into secret legislative session.

FRIDAY, MARCH21, 1862.


O P E S SESSIOS.

Mr. Burnett,, froin the committee of conference on the p?rt of the


Senate on the disagreeing votes of the two Houses on the bdl (S. 11)
to regulate the compensation of members of Congress, reported:
That, having met the ronimittee of confprence on the part of the House, they have
agreed to recommend to their respective Houses as follows: That the Senate strike
c

.I-\'oL

2-04-G

out L L three thousalld dollars and insert in lieu thertof

t\\ellt>-Y

sixty dollars, 9 ) and that they strike out tN70 hUndr<Ylalld fifty (1
in lieu thereof I two hundred and thirty dollars.
That the H~~~~recede from its amendment to the first section inserting twenty-five hundred dollam ) and in lieu thereof iIlSert tv eUtj -serer1 hulltired and sixty
dollars,
That the ~ o l l s erecede froni its secoiicl ainendiiient and instead of the words I two
hundred 2nd eight dollars and thirty-three and one-third w i t 8 insert two hurl<iredand thirty dollars.
That the Iiouse recede from its third and fourth amendments.

The Scllate proceeded to consider the said report; and


Besoi~&, That they concur therein, and that the bill be amended
accordingly.
Ordgt*ed, That the Secretary inform the House of Representatives:
thereof.
Tho following bills froin the House of Representatives mere read
the first and second times:
H. 1%.
-. An act to encourage the nianufacture of Sdltpeter and of
small arms.
Oiy&recZ, That it be referred to the Committee on Military Affairs.
H. R. ---. An act to provide for the election of printer to both
Houses of Congress.
O ~ ~ P PThat
P ~ it, be referred to the Committee on Printing.
H. 1%.-. An act to authorihe the Secretary of the Treasury to pay
district collectors in certain ca5e5.
(h&wcl, That it be referred to thc Committee on the Judiciary.
illr. Phelau, froin the uomniitke, reported that they had examined
and found truly cnrollcd the following bill and joint resolution:
11. H. -. il bill to establish certain post routes therein named; and
II. 12. -. A resolution rcconiniending the planters of the Confederate States to refrain froin the cdtiration of cotton aud tobacco, and
dcvoto tlicir energies to raising provisions.
The Iresidcnt Iinving signed thc enrolled hill and resolution last
reported to have h n euamined, they were delivered t o the Secretary,
a i d by hiin forthwith presented to the President for his approbation.
Mr. Orr presented several d c ~ i c e sfor a Confederate Sttltes flag,
clcsigricd by ,J. 11. II., of South Carolina; which mere referred to the
Committee on Flag and Seal.
MIS.Ihelan, from the Cornrriittee on Printing, to whom v a s referred
the motion to print 1,000 copies of the supplemental report of the
Secretary of \Tar, and acconipilnying documents, reported i n favor of
printing the sanic; arid
Thc report was concnrrcd in.
hlr. C h y pwseented the meinorid of Robert B. Cratidoclr, rncssengtr
of the Prcsidcnt of tbc Confederate States, praying f o r a11 iIlc.rease of
his coinpensatioii ; which was referred to the Comlllittee 011Finance.
il, ~ncss:rgefrom the llouse of Rcprebcntxtivcs, by Air. Dixor~,their
Clerk:
Tl1( IIoube OE IZeprcu[~iitativeubaye pakkcd a bill (11.
-\
to protnillirlg and cktai1ilig artihanc and inec11aiiic. fronl the Contederate

t(:

statV3 hrlliy.

Tl1c.Y ha\C also Ilawti a hill (11. I<. -) for the organization of a corps of officers
for the \\.orking of iiiter cn\ <+ant1 e5tablisfiillv niter beds.
A h a bill (1.
) to authorize thc Prezdent to increase his personal staff.
The W:ilrcr of the IIOWCof Representatires ha\ ilig sigiietl an enrolled bill (s.12)
of
Senate, to regulate the coiiipcrisatioii oi tkle officers of tile sellate and of tile
I I W ~ of
C Itepl.(wntatives, 1 aln directed to bring it to the Senate for tile sigrlature
ot their President.

.Mar. 21, 1862.3

83

SEBATE.

On motion by Mr. Johnson,


The Se~liiteresolved into secret ltgislative session.
The doors being opened,
A h . Phelan, from the eoiiiniittee, reported that they had examined
and found correctly enralled
A bill (S.12) to regulate the compensation of the officers of the
Senate and of the Honse of Beprebcntatives.
Ihc bill last reported t o have bccn exaniiiied having been signed by
the President, it was delivered to the Secretary, and by him forthwith
presented to the President of the Confederate Statcs for his a probation; and he boing absent from tlie capital, it mas r e t u r n e f t o the
Senate.
il message from the House of Representatives, by Mr. Dixon, their
Clerk:
Mr. President: The Houstl of Representatives have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S. 11)
to regulate the cmipenwtion of riieiiiberb uf Congress.

On inotion l)y M i . I l a p c s ,
Ihc Scnatc, adjournctl until to-niorrow niorning at 1 2 oclock.

A niessagc from the I-lousc of lieprescnlxtives,


Clerk :

bj7

MI-. Dixon, their

dfr. I - J Y $ / Tlic
~ L ~Howe
~ . (11 Itepresciitati\ c+ Iia\ <adopted a joint resolution authorcnt to writ1 additional coiriiniwoners to foreign countries, and for
uiiani~noustonsciit, amentled thc enrolled bill (11. R. -) to provide for the furthei tlefcnre of the Ilaj of Mobile and the Alabama River, after being
signrtl b y t h e Speaker of t h e 1Iou.e o f Representatives a n d President of the Senate,
in JT hich aiiieiidiiirnt I am directed to ask the concurrence of the Senate.

The Senate proceeded to consider the amendment of the House of


Rcpresentativcr to the enrolled bill 1:ibt mentioned, viz:
In the thirteenth line of the first section strike out the words and
to cau2e to be enlisted and inbert in lieu thereof the words consisting of.
And, by nnanimouh consent, it TV:H
&solu~tl, That they concur tliercin.
Orde;/.ecl, That the Secretary notify the House of Represent atives
thereof.
31r. Phel:ui, f ro1n the committee, reported that they liad examined
the hill (13. li. --) herctofora rcportpd to hare h e n truly enrolled and
reported this d:iy from the IIousc of Representatives, to have been
illllclldcd by thcni, after being signed by the Speaker of that IIouse
and thc Iresident of the Seiiate; and that the amendment had been
correctly made and the b i l l duly enrolled.
A message from the House of Representatives, by Mr. Dixon, their
Clerk:
X r . Ireszrlent: The Speaker of the IIousc of Repreiciitative~ha\ ing signed t h e
aiiiendetl enrolled M l ( H . It. -) to provide further for the defenre of the Mobile
Hay ant1 t h e Alabania River, I ain directed to bring I t to the Senate for the signature
of their President.

The lresidcnt having signed the amenclcd enrolled bill last nmihiiii forthwith presented to the President of the Confederate States for his approbation;
and he being absent from the capital, it na5 returned to the Senate.
tiomd, it was delivewd to the Secretary, arid , 1

84

JOURNAL OF THE

[Mar. 22, 1862.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 9) to make Treasury notes a legal tender.
The question being on the motion by Mr. Davis, that the bill and
amendment lie upon the table,
After debate,
On motion by Mr. Kaynes,
The Senate resolved into executive session.
EXECUTIVE SESSION.

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

VA.,

JfCWCh

20, 1862.

To the Senate of the Confederate States:


I nominate for your advice William 1cI. Browne, to be Assistant Secretary of State,
as recommended i n the annexed letter of the Secretary of State.
JEFFERSON DAVIS.
DEPARTMENT
OF STATE,
March do, 1862.
SIR:I have the honor to recommend the following appointment: William M.
Browne, of Georgia, to be Assistant Secretary of State.
Your obedient servant,

J. P. BENJAMIN,
Secretary of Rate.

To the PRESIDENT.

On motion by Mr. Haynes,


The Senate proceeded to the consideration of said nomination.
On the question,
Will the Senate advise and consent to the appointment of William
81. Rrowne?
It was dotormined i n the affirmative.
So it was
Bcsolved, That the Senate advise and consent to the appointment of
William M. k o w n e , to bc Assistant Secrctary of State, agreeably to
thc nomination.
On motion by MY. Hayncs,
The Scnate resolved into operi legislative session.

SATURDAY, MARCH22, 1862.


OPEN SESSION.

Mr. S arrow submitted the following resolution; which was considered an!a ngrccd to:
Rrsob~ctl,That thc Committee on Finance be instructed to inquire into the policy
of the ~ ~ o v c r n m e taking
nt
possrbsioii of all the cotton and tobacco heretofore s u b
scribed to the prodncc loan, paying for the same in bonds of the Confcderacy, payable
at the cxpiratioii of ttbenty ycars, with interest at the rate of eight per cent, payable
scmiannually, and rcport by bill or othera ise.
Rrsohvd fitrrhcv, That the same coininittee inquire into and report upon t h e policy
of inducing fnrtlwr snbscriptions of cotton and tobacco to the produce loan, by agreeing to pay an equitable prier for cotton and tobacco thus subscribed in the follo\ving
mamer, to wit: One-fourth of the amount in Treasury notes, and t h e balance in
bonds, payable i n twenty years, bearing eight per cent interest, payable semiannually.

Mr. Preston presented a device for the flag and arms of t h e Confedcrate Statcs of America, designed by John De Haviland, late an
oEcer of dragoons, United States Army, and ex charge d affaires

Afar. 22,1862.1

SlNATE.

85

ad interim, a t Madrid; which was referred t o the Committee on Flag


and Seal.
On motion by Mr. Burnett,
The Senate resolved into secret legislative session.
The doors being opened,
The following message was received from the House of Eepresentatives, by Mr. Tlamar:
Jh-.President: The House of Representatives have adopted a joint resolution for
the relief of Mrs. Julia Tyler, executrix of Hon. John Tyler,
They have also adopted a joint resolution to aid our prisuners i n the hands of the
enemy.
In which resolutioris I a111directed to ask the concurrence of the Senate.

Mr. Brown (by leave) introduced


A bill (S. 28) to amend an act entitled An act to provide for the
organization of the Navy, approved March 16, 1861;
which was read the first and second tirncs and referred to the Committee on Naval Afhirs.
Tho Senate proceeded to the consideration of the resolution from
thc lIouse of llcprcsenhtjves @I. H. ) f o r the relief of Mrs. Julia
Tyler, executrix of Hon. John Tyler; which was read the first and
second times and considered as in Committee of the Whole; arid no
amendment hring made, it was reported to the Senate.
Ot&md, That i t pass to a third reading.
The said rcsolntion w i ~ hread the third time.
Bmolved, That it pass, and that the tille thercof he as aforesaid.
Oderod, That the Secretary inform the House of Representatives
thereof.
The following resolution and bills from the House of Representatives were read the first and second times and referred t o the Committee on Military Affairs:
1%.R. -. Resolution to aid our prisoners in the hands of the enem
H. R. -. A bill for the organization of a, corps of officers for t I?e
working of niter cavcs and establishing niter beds;
H, It. -. A bill to provide for ascertaining and detailing artisans
and mechanics from the Confederate States Army; and
H. 1%.-_ A hill to authorize the President to increase his personal
staff.
On motion by M r . Sp~rrow,
The Senate adjourned until Monday iiioriiing at 12 oclock.

sEC RET s1~:ssIoN .


A h . Hill, from the Committee on the Judiciary, who were instructed
by a resolution of the Senate to inquire into the subject, reported
A bill (S. 2 i ) to prohibit any cotton, tobacco, military and naval
storcs being furnished to the enemy, and to providc pcnalties for t h e
violation thereof;
which was read the first and second times.
Ordered, That it be placed upon the Calendar and printed.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S.9) to make Treasury notes a legal tender.
After debate,
On motion by Mr. Orr,
O~dered,T hst the further consideration of the bill be postponed
until Monday, the 24th instant.

JOURNhL OF THE

A message from the House of Ecprcsentatives, by MY.Dixoii, their


Clerk:
My.pr&&nt: The House of Representatives h a w pdssed a i d 1 t'rorn t h e Senate
(8. 22) to provide a staff and clerical force for any general who niay bc assigned by
the President to duty at the seat of government.

he Senate proceeded to the consideration of the resolution from


the House of Representatives (H. R. -) authorizing the President
to send additional commissioners t o foreign coiiiitries, arid for other
purposes; which was read the first and second times t l n d referred to
the Committee on Foreign A-tE'nirs.
The President pro tempore laid before the Senatc a comn1mktLtion
from the Secretary of War, transmitting the report of thtl 1):Lttle of
Roanoke Island.
Ordeyed, That i t be referred to the Comiiiittee on ;Military Aflnirs.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
EXECUTIVK SESSION.

The Senatc proceeded to the consideration of the noniin:ttions of

T. 12. Dunn, J . 21. Munford, William Palfrey, J o h n T. h i - v e s , and


J . 1.' Butler, to bc second lieutcnants in thc Prorisiond Army of the
- Confederate States.
On the question,
Will the Senate advise and consent to their appointment 4
After debate,
On motion by Mr. Ihyncs,
The Senate resolvd into open legislative session.

MONDAY, MARCH24, 1852.

The Secretary of the Scnatc this day presented to the President of


tho Confederstc States, for his npprobation, the following hills and
rcsolution:
S. 12. An n c k t to rogu1;tte the eornpcnsation of the officers of the
Sritate arid o f t,he Zloust: of 1ieprcsenntRtives;
IT. R. ---. hn tict t o ~st:~hlisIi
certain post routes therein named; and
11. It. --. A rclsoliitiori rceoinmrtiding tlic planters of the Confedomte Stittcs o f Amcuic:i to refrain f r o m the cultivntion of cotton and
tol):wco, :tnd tlovotc, their energies to raising provisions.
MI.. Hill, from tlit. Coininittee on the Judiciary, to whom mas reforrctl tho bill (1-1. 31. - -) to arithorizc the Secretary of thc Trcasury l o
p:t,y district collrctors i n ccrtiiin C R , ycported i t witl, all tlmendrnplil
I he Sciriite pro(wdcd to consiclar the said bill as ill Committee 01
tllc Wliola; nnd thc? rcl)ortcd :tmcttdn~t~nt
having bcen agreed to, thv
bill w m rtportrcl lo ljtiri Scnatc and the tmendment concurred in.
O)*dtrtd,That the ;unentlmcnt be engrossed nnd the bill read a third
tinic.
The snid ))ill a s :~nirndtdw a s i ~ ~ ithc
t l third time.
Resolaed, That i t p a h b ith : ~ r tinlc~ndment.
i

Mar. 24, lSG2.l

SENATE.

87

O d m d , That the Secretary request the concurrence of the House


of Representatives in the amendment.
Mr. Sparrow, froin the Committee on Military Affairs, to whom was
referred the joint i.esolution from the House of Representatives (H.
R. -) to aid our prisoners i n the hands of the enemy, reported it
with an amend~nent.
Tha Senate proceeded to considcr said resolution as in Committee of
the Whole; and
On motion by 311.. rJohnson,
O/-demd, Thnt it ho traasferred to the Secret Calendar.
A message froin the Housc o f ftelmrentativcs, hy 311..Ford:
A h . President. The IIouse of Representatives ha7 e passed a bill from the Sciiatc
(S. 22) to provide a staff and clerical force for any general who nisy Ite assigned by
the Piesitlent to duty at the peat of gorcrnmnent.
The Speaker of the LIowe of 12cprcsc~ntafiveshaving signed an enrolled joint resolution (11. R.- ) for the relief of Mrs. Julia Tyler, executrix ot
I am dirclcted to brine it to the Senate for the ~ignatnrcof their ir

JIr. Sparrow. fro111 the Coiiiinittcc on Military Xffailx, to whom


was referiml tlic hill ( I T . l(. -) to provide foi. awertaining :uid detailing :~i-tibaiiha n t l i ~ i ~ ~ l i : f~roiii
~ i i the
t ~ sCotifcdcrato States Arniy, reported
it \z itiiout anwiidiiwnt.
Mr.. lroston .;ul)niittc~lthe oIhwing r e d ution; wliicli was voiisidered arid ngrccd to:
l l r d c d,
Tlmt tlie Coininittee oii Military Affairs be instructctl to inquire into the
newssit? aiitl propi iety of tlic Govertituent of the Conftvlcratc States taking possession of tlie railroatli wltl ii the Confedcracay, r i n d of 1 q~ririiig,\\ orking, and iiiaiiagiiig the ixnie, 60 a3 to I iitlcr tlietii i i i o ~ tvffccti\e for tlrc transportation of troops,
provisions, and tiiuiiitioii of mar; :tiid that the cc~ininittcchave lcarc to report by bill
or otlierwkc.

A inessagc from the Housc of Kcprescntatiyes, by Mr. Ford:


Mr. Presitleut. The I I o a ~ eof Reprencritatives h a r e passed a bill of tlie Seiiate
(S. 23) to regulate the inode of payiiiq the iiienlberh of the Senate mid IIouse of Represeiitati\ es, and the clisbursrinetrt o f the conti1lgcnt fund.
They have concorretl in an aimliitlnieiit of the Seiiate to a joint I esolotiori of the
Hoiihe of Reltrescntutiwu (11. It. --) to aitl o w prisonwr i n the hands of the
eiiciiiy .

On motion by hlr. Johnhoii,


Thc Senate i-eholvcd into swrclt lepislxth-c session.
The doors bciiig o p n c d ,
Mr. Hunter ,siil)rnitteclthe following i*esolution; which was considered and agrccd to:
Rcsokicd, That the. Coiiiniittce on 1ul)lic-I!niltlings be instructed t o inquire into the
expedicwc J? of 1ca.iiig a I)uilding for t h e iiw o r f h c l State I)cyarttnc~iit,and for exwutire office..

311.. ihelnu, froin the cwniiuittw, reported that they had esimined
and foiuid Lrnly enrolled
A joint resolution (11. R. --) for the r e l i ~ fof Mrs. Julia. Tpl~r,
executrix of Hon. Jolin Tylei..
The President haring signed the resolution last reported to have
been examined, it was delirered to the Secretary, and hJr hiin prcsented to the President of the Confederate State5 for liis approbation.
On motion by Mr. Orr,
The Senate adjourned until to-morrow morning at 12 oclocli.

88

JOURNAL O F THE

i l k . 25,1862.

SECKET SESSION.

The Secretary of the Senate this day presented to the & % d e n t of


the Confederate States, for his a p robation, the bill (H. 1%.-) to provide for the further defense of t[e Bay of Mobile and the Alabama
River.
The Senate resumed the consideration, as in Committee of the Whole,
of the resolution from the Housc of Representatives (1. K. -) to
aid our prisoners in the hands of the enemy; a n d the reported amendment, as amended on motion by Mr. Burnett, having been agrced to,
the resolution was reported to the Senate and the atncndinent was
concurred in.
Or&ped, That the amendment be engrossed and the resolution read
the third time.
The said resolution was read the third time as amended.
&&ed,
That it pass, with an amendment.
Ordered, That the Secretary request the concui-rence of the House
of Representatives in the amendment.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 9) to make Treasury notes a legal tender.
On the question of agreeing t o the motion by Mr. Davis, that the
bill and substitute lic upon the table,
After debate,
011motion by Mr. Oldham,
Ordered, That the further consideration of the bill he postponed
until to-morrow.
Mr. Clay, from the Committee on Rules, to whom was referred the
thirty-eighth rule of the Senate, with instructions to consider and
report upon the rights and duties of individual Senators to comniunicate to and with the President in regard to matters transpiring i n executive sessioii, reported a resolution in relation to the subject.
OrdHed, That it lie upon the table.
On motion by Mr. Clay,
Ordered, That the committee have leave to sit again and to report
further.
On motion by Mr. Orr,
The Senate resolved into open legislative session.

TlJESDAY, MARCXI26, 1862.


OPEN SESSION.

The Senate resumed, as in Committee of the Whole, the consideration of tho bill (S. 8) to repeal an act entitled An act to provide revenue from commodities irnported from foreign countries,) and othellaws imposing duties on imports.
On motion hy Mr. Oldham,
07L(14r4d,That the further consideration of the bill be postponed.
On motion by Mr. Johnson,
rhe senate resolved into secret legislative session.
The doors being opened,
The follo~vinff
lllessage was received from the President of the Confederate States, by Mr. 13. N. Harrison, his Secretarv:
.,

&. Pmident: The President o n yesterday approved and signed an act (S. 12)
cntitled An act to regulate the cmq)eneation ot thc officers of the Senate and of
the House of Representatives.

Mar. 25, 1862.1

SENATE.

89

A message from the House of Representatives, b y Mr. Lamar:


A k . President: The House of Representatives have agreed to t h e amendment of
the Srnate to t h e joint resolution of the House to aid our prisoners i n the hands of
the enemy.
The Speaker of the House of Representatives haring signed t h e foregoing resolution, and a bill (1% R. -) t o regulate the compensation of members of Congress, I
am directed to bring them to the Senate for the signature of their President.

Mr. Phelan, from thc corninittee, reported that they had eramined
and found truly enrolled the following bills and resolution:
S. 22. A bill t o provide a staff and clerical force for a ~ general
y
whoinay be assigned by the President t o duty a t the seat of government;
S. 11. A bill to regulate the compensation of members of Congress;
and
H. R. -. A resohition to aid our prisoners in the hands of the
enemy.
The President having signed the enrolled bills and resolution last
reported t o have bcen rxamined, they were delivered t o th e Secretary,
and by hiin forthwith presented to the President for his approbation.
On motion by Mr. Barnwell,
The Senate adjoimicd until to-morrow moriiing a t 12 o'clock.
BECRICT SESSION.

The Senate resumed, as in Committee of the Whole, the considerrttion of t h e bill (S. 9) to malie Treasury notes a legal tender.
On the question to agree to the motion by Mr. Davis, that the bill
and substitute lie upon the table,
After debate,
On motion by Mr. Semmes,
Ordered, That the further consideration of the bill be postponed.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
Being again in secret legislative session,
Mr. Clay, from the Coiniuittce on Comirierce, to whoin was referred,
on the 26th of k'ehrixnry, the resolution relative to repealing duties on
imports, and abolishing all ports of entry, reported it, with the recommendation that it is inexpedient to legislate upoii the subject.
Ow?ewd, That i t lie upon the table.
Mr. Clay, from thc Committee on Commerce, to whom was referred
the bill (S.26) to regulate the navigation of the Confederate States,
and to estahlish direct trade with forcign nations, reported i t without
amendmcnt, arid that it ought not to pass.
Mr. Orr, from the Committee o n Yoreign Affairs, to whom was
referred the resolution requesting the President to instruct MI.. John
Slidell, cornmissioncr froiii this Government to His Majestx Louis
Napoleon, Emperor of the French, to propose to His Majesty terms
for a treaty of amity and commerce betmeen the two Governments,
reported it with an amendment.
Mr. Orr, froni the Committee on Foreign Affairs, t o whom was
relevred the joint resolution of the House of Representatives (H. R. -)
authorizing the President to send additional commissioners to foreign
countries, and f or ot,her purposes, reported i t without amendment.
Ordered, T ha t i t lie upon the table.
Mr. Orr, from the Committee oil Foreign Affairs, to whom was
refcrred th e resolution in relation to the foreign pollcy of the Confederate States, reported it without amendment.

[Mar. 25,1862.

Orciared, That it lie upon the table.


Mr. Oldham presented a memorial of officers of the Fourth Texas
Regiment, praying the repeal of the law providing for the promotion
of oficers by seniority and rank.
Ordered, That it lie upon the table.
On motion by Mr. Barnwell,
The Senate resolved into open legislative session.

Mar. 25, I8G2.l

91

SENATE.
XClJOT.

John D. Walker, to take rank June 19, 1861, Georgia.


Captain
11. 1). D. Twiggb, to take lank Fehiuaiy 6 , 1862, Georgia.
I am, sir, respectfully, your obedient servant,

J. P. BENJAMIN,
Swretury of TVw.

To His Excellency J

The message was rend.


On motion hy M r . Hill,
The Senate proceeded to the consideration of said nominations; and
it mas
Resolved, That the Senate advise and consent to the appointment of
Williain J . Msg-ill, Willistni Martin, John D. Wallwr, mid 1-11. L). D.
Twiggh, agreeably to their respectivc nominations.
To llii ~Yenctleof 1 1 1 ~Co~$i~li
i c t i i Sic
on thr, acco~npaii~
iiig list to the rank a h i e t l to tlicir names,
I nomiiiatc thtl ofhc
the I ecoiiiiiit~~idatioii
of the ht.cre.ta~y oi IVar.
reqxv~tivc~ly,
agiee'tbl
JEFFl<RSO?; DAVIS.
Covri:i,r:ria rn STATISo r AMEEIC
L, WAR I)I:P
mmcrm,
RZCh~l20l2d,,JI(ITClL

24, 186.9.

brn: I h a r e the honor to reco~iiiirrndthe lollon iiig noininations for appointment


iri l h t ~1'1 ovirioiixl Ariny the Conferleiate States ot Amerit d.

Colonel.
%. T. Conner, to take rank Ikcemher 13, 1861, Georgia

I;~nrir~ic~nt-colonrl.

Abner Sinead, to take rank December 13, 1861, (icorgia.


i)TCl]o7".

Willis A. Hamkiiis, to txke rank Ilecemher 13, 1861, Georgia.


I am, sir, respecttiill) , ~7oiirobedient servant,
bE0 \V. EASDOLPH,
he( W l m / 0s lllctr.
To 1114 l~xcellriic~y
. J E B I ' E R ~ DAVIS,
~\:
Prl'5ldcltf, rtc.

The me>sage WRS read.


On niotion by N r . Hill,
The Senate procecdcd to the conrideration of the iioiiiintkions last
mentioned; and it was
Resolmcd, That the Senate a d r i w anti consent to the appointment of
%. T. Conner, Rbner Sme:td, and 'vcrillis A. Hawli-ins, agreeably to
their respective nominations.
b

EXECUTIYE
hPARTVEST,
RLch?iw1Ld,& t C l r d k 25, lab'?.

To the &enate of t h e C'oiifederate S'tateP:


I nominate t h e officers on the accoinpanving list to the rankaffixed to their iiaiiies,
re pectively, agreeably to the recommendation of the Secretary of War.
.TEPFERSOK DATIS.

JOURNAL OF THE

[Mar. 26,1862.

WAB DEPARTMENT,
COXFEDERATE
STAT=,
Riclimond, JI(crch 22, 1869.
SIR: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America, to take rank from
date of confirmation:
To be major-general.

Dan. Harvey Hill, North Carolina.


To be brigadier-general of artillery (uct 359).
William N. Pendleton, Virginia.
Colonel of artillery (act 359).

J . B. Walton, Louisiana.
I am, sir, very respectfully, your obedient servant,
J. P. BENJAMIN,
Acting SeStelury of War.
To His Xxcellency JEFFERSOX
DAVIS,
Pres<dmt, etc.

The message was read.


Ordered. That i t be referred t o the Committee on Military Affairs.
On motion by Mr. The Senate resolved into iecret legislative session.

WEDNESDAY, MARCH26, 1862.


OPEN SESSION.

On motion by Mr. Barnwell,


Ordered, That the Committee on Finance be discharged from the
further consideration of the memorial of R. B. Craddock.
Mr. Sparrow, from the Committee on Military Affairs, t o whoin
was referred the bill (H. R. -) to authorize the President t o increase
his ersonal stzlff, reported it without amendment.
Sparrow, from the Committee on Military Affairs, t o whom
were referred the resolutions of the Georgia ConferenceM. E. Church
South, on the state of the country, and in relation to the pay of chaplains in the Army, made 5t report, accompanied by a bill ( S . 29) to
aniond t h several acts in relation to the pay of chaplains in t h e Army;
which was m i d the first and second times and considered as in Cornmittee of the Whole; and no amendment being made, it was reported
to the Senate.
Otdowd, That it be engrossed and read B third time.
The said bill was read the third time.
Rrsolued, ThiLt it pass, and that the title thereof be as aforesaid.
Thc Senate proceeded to consider, as in Committee of the Whole,
the hill (1.It. -) to provide for ascertaining and detailing artisans
and mechanics from the Confederate Sttltes Army; and no amendment
being made, i t wa3 reported to the senate.
O r c h d , That it pass to a third reading.
rhe said bill w8s read the third time.
Rtsolvcd, That it pass, and that the title thereof be as aforesaid.
Mr. Johnson submitted the following resolution; which was consitlercd and agreed to:
&a.

Reso~~~cd,
That il joint committee of two on the part of the Senate and three on the
P:trt of Lkle IIoURe of Representatives, be appointed to examine into the condition of

Mar. 26, 1862.1

SENATE.

93

the records and all other papers of the Provieional Congress heretofore directed to be
turiietl over to the keeping of t h e two IIouses respectively, with a view to make some
proper disposition of them; and to report by bill or otherwise.

On motion by Mr. Johnson,


Ordered, That the President appoint the members of the committee
on the part of the Senate; and
Mr. Johnson and Mr. Hunter wcre appointed.
Ordered, That the Secretary iiiform the House of Representatives
thereof.
A message from the I-Iouse of Representatives, by Mr. Lamar:
Mr. Iyesident: The Ilouee of Representatives have passed a hill (13. R. -) to fix
t h e time for holding the Confederate court for the northern district of Georgia; in
which I ain directed to request t h e concurrence of t h e Senate.
The Speaker of the House of Representatives having signed a bill (S. 23) to regulate the mode of paying members of the Senate and House 01 Reprcsentatires, and
t h e dieburseriient of the contingent fund, I a m directed to bring i t to the Senate for
the signature of their Ircsident.

The Senate proceeded to the consideration of the bill (H. R. -) t o


fix the times for holding thc Confedernte court for the northern district of Georgia; which was read t h e first and second times and considered as in Coiinnittce of t h e Whole; and no amendment being made,

it was reported to the Senate.


Orclemd, That i t pass to a third reading.

The said hill was read the third time.


R~wluc.d,That it pass, and that the title thereof be as aforesaid.
Orcncvm!, That the Secretary inform the House of Keprescntatives
thereof.
The Senate resumed, as in Committee of the Whole, the consideration of thc. bill (S. 18) declaring the officer who shall act as President
in cahe of vacancies in tlie offices both of President and Vice-president.
Pending the consideration of the amendments proposed to the bill by
the Committee on the Judiciary,
On motion by Mr. Semmrs,
O~clei*ud,That i t be reconimitted to the Committcc on the Judiciary.
Mr. Phclan, from the Committee on the Judiciary, to wliorn was
referred the bill (S. 25) t o repeal act No. - of tlie lrorisional Congress of the Confederate States, and to enact a suhstitute therefor,
reported i t with an aniendment.
Ordemd, T ha t the amendment be printed.
Mr. Brown, from the Coinniittee on Na\al Affairs, to whom was
referred the bill (8. 28) t o amend an act entitled An act to provide
fo r the organization of the Navy, approved Xarch 16,1861, reported
it with :in amendment.
O ~ * d L dT. ha t the bill and amendment be printed.
Mr. thrnett, from the Comriiittee on Public Buildings, who was
instructed by a resolution of the Senate to inquire into the subject,
reportcd a joint resolution (S. 5) authorizing the Joint, Conirriittee
on Public Ruildings to lease a suitable building for the use of the
Statc Department and f or offices for the President; which was read th e
first and second tinies and considered as in Committee of the Whole;
and no alnendiiient being made, it was reported to the Senate.
OTsdered, That it he engrossed iLnd rend a third time.
The said resolution was read the third time.
Bewlwcl, That i t paas, and that the title thereof be as a f o r e s d
The Senate proceeded, as in Committee of the Whole, to the con-

JOURNAL O F THE

sideration of the bill (S. 19) to organize the Supreme Court of the
Confederate States.
After debate,
On motion by Mr. Semmes,
Ordmed, That the further consideration of the bill be postponed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S.8) to repeal an act entitled An act to provide
nue from commodities imported from foreign countries, and other
laws imposing duties on imports.
On motion by Mr. Oldham,
Ordgred, That the further consideration of the bill be postponed to
and made the special order for to-morrow.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
The doors being opened,
Mr. Phelan, from the committee, reported that they had examined
and found truly enrolled the following bill:
S. 23. A bill to regulate the mode of pying the members of the
Senate and House of Representatives, and the disbursement of the
contingent fund.
The President having signed the bill last reported to have been
examined, it was delivered to the Secretary, and by him forthmith
preseuted to the President of the Confederate States for his approbation.
The following message was received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:
Nr. Ireszd~~zt:Thc President of the Confederate States, on yesterday, approved
and Rigtied the following acts:
S. 11. An act to regulate the compensation of members of Congress; and
S. 22. An act to provide a staff and clerical force for any general who may be
msignetl by the President to duty at the seat of government.

On motion L)J Mr. Hill,


The Scnatc adjouricd until lo-inorrow morning at 12 oclock.
SECRET SESSION.

A mcssag-c from the I h i s o of Representatives, by Mr. Lamar:

(a.

NY. Irtaitlmt: TIio House of Representatives have passed a joint resolution


1%. -) to authorize the suspension of an act to authorize the President to cause to
bc coii~trnc.tetlit certain number of gunboats, approved December 24, 1861; in which
1 :mi directed to ask the concurrence of the Smate.

The Scnatc proceedrd to the consideration of the resolution last


inentioucd; wliich w i s rend the first and second times, and
On rriotion by hTr. 13arnmel1,
O r d m d , T h t it lie upon the table.
hlr. H ~ I L I ~ I * submitted
OW
the following resolution; which was considcrca :1nd ngrccd to:
I h o l u r t l , That the Secretary of War be requested to report to the Senate, in secret

wssioii, the aillotint of qtwtcrinaPter, commissary, and ordnance stores and ord-

halice lod in tlw recent rwerses of our armies at Forts Henry and Donelson, apd

i4isliingCreek and Itoaiiokc Island, and in the retreats from Columbus, New Madrtd,
I3owlirig Grccn, Nashville, and the lines of the Potomac; specifying t h e loss in each

<*:1kX.

On motion by Mr. Oldham,


The Senate resolved into exccutive session.

Mar. 27, 18W.l

95

SENATB.
F:XECUTIVl!! SESSION.

Mr. Oldhani, from tfic Corninittee on N a ~ Affairs,


d
to whom were
referred (on yestcrdag) tbe nominations of James 1. Waddell, to be a
lieutenant; Osborn S. Iglchart, to lw assistant rurgeon, and Samuel D.
Drcwry, to be assistant surgeon for the war, reported, with the recommendation that all of said nominations be confirmed; and in concurrence with said report, it WRS
RmoZeed, That thc Senate advise and conscnt to thc appointment of
James I. Waddell, Ohhorn S. Iglehart, and Samuel 11. Drewry, agreeably
to their nominations, respectivcljr.
Mr. Sparrow, from the Coinmittel: on Military Affairs, to whom
mere referred (on yestcrday) the nominations of Dan. Harvey FIilI, to
be major-general; William N. Pendlcton, to he brigadier-general of
artillery, and J. B. Walton, to be colonel of artillery, reported, with
the recornmendation that nll of said nominations be confirmed.
Tlic Seriate proceeded to the consideration of said report; and in
concurrence therewith,
IZesohed, That thc Scnatc adriw and cbonsrnt to the appointment of
Dan. Harvey Hill, IVillinin S . Icndlcton, and ?I.B. Walton, agreeably
to their respective nominations.
On motion 1)y Jh. Hill,
The Senate resolved into opcn iegislativc h

rriiuitsmy,

n, 1862.

x 4 1 ~ ~ 1

OPISN 6148SION.

The Hon. William L. Yanccy, a Senator from the State of Alabama,


attended, and the oath prescribed by law having been administered to
him hp the President, he took his seat i n the Senate.
N r. 0 r r presented two devices f o r a Confederate States flag; which
were referred to the Committee on Flag mid Seal.
Mr. Hill, froiu the Coniniittee on the ,Judiciary, to whom was recoinmitted the bill (S. IS) declaring the oRicer v h o shall act as President
in care of racancies in the officcs both of ITresident and Vice-president,
reported it with a n amciidnicnt.
A message from the House of Representaitivcs~by Xr. Lamar:
MY.
Prrsidmt: The IIouqe of Reprcwitatives have passed a bill of the following
title, viz:
H. R. -. A bill to fix the conipc.npation of tlic President of the Confederate States;
in ~ h i c l Ii am directctl to ask the concurrence of thc Senate
They h a w also passed R liill of the Senate (S. 3 )
the Arkarms and lied Ri-\er Snpcrintcnclenc$ oi
and intercourhe \t itli the I ndiaiis thereill, and to p
The Speakcr of the IIoiice of Rq~resentati\es ha
the times for holding tlic Confederate court for the
directed to bring it to the Senate for the signature of their President.

On motion by X r . Oldham,
Oidewd, That the Corninittee on Post-Ofticcs and Post-Koads he
discharged from the further consideration of the conimunication of
&I. Dickson i n relation to the suspension of nitiil service on the
Sabbath.
On motion h j 7 Mr. Barnwell,
The Senate resolved in to secret, legislative session.

96

JOURNAL OF THE

[Mar. 27, 1862

The doors being opened,


The following message was received from the Hoase of Itepresentatives, by Mr, Lamar:
Mr.President: The House of Representatives have disagreed to the amendment of the
Senate to the joint resolution (H. R. -) relating.to t h e manner of paylng members
of the provisions! Congress the arrearages of their Pay and mileage.

Mr. Mitchel, from the committee, reported that they had examined

arid found truly enrolled a bill (H. R. -) to fix the times f o r holding the
Confederate court for the northern district of Georgia.
On motion by Mr. Barnwell,
The Senate adjourned until to-morrow morning at 12 Oclock.
SECRET SESSION.

On motion by Mr. Barnwell,


Ordmed, That all further consideration of the bill (S. 8) to repeal an
act entitled An act to provide revenue from commodities imported
from foreign countries, and other laws imposing duties on imports,
be in sccrct legislative session.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 8) last mentioned; which was read as follows:
SECTION
1. llie Congress of the Confederate Rates of America do enact, That the act
approved May twenty-first, eighteen hundred and sixty-one, entitled An act to pruvide revenue from commodities imported from foreign countries, and all other law8
imposing duties upon goods imported from foreign countries into the Confederate
States of America, be, and the same are hereby, repcaled; but no law repealed by
virtue of the acts aforesaid shall be revived by reaeon of the pas8age of this act.
SBC.2. That duties shall be collected and paid under existing laws upon a!l goods
heretofore imported from foreign countries into the Confederate States which are
now in bond, or on which the duties have not been paid, as though this act wcrc not
passed.

Mr. Orr raised a question of order, objecting to the further consideration of the bill on the ground that, under the second clause of the
scvcnth section of the first article of the Constitution, such a bill
could not be originated i n the Senate; and as a test of the principle he
riioved to anierid the bill by striking out all after the word America,
in the eighth line of the first section, and inserting in lieu thereof the
words be so arncnded as that an addit,ional dtity of thirty per cent be
. levied upon all goods imported into the Confederate States.
Whereupon,
The President held thal under general parliamentary law t h e amendment was in order, but under the Constitution he should rule it out of
order. But to determine the whole question the Yreaident said he
would subinit the matter to the Senate; and
On the qnestion,
Has the Scnato constitutional jurisdiction of the snbject ?
It ~ v a sdet:ided in thc negative, Yeas--- - -. - - - - - - - - - - - - - - - - Nays - - - - - - - - _ _ _ _ - - - - - - - - - . 17
On motion by MY. &mines,
The Jetks ~ n ( nllys
l
being desired by one-fifth of the Senators pl*esent,
Thohe who voted in the affirmative are,
M ~ s r s Brown,
.
C~HJT,
Hill, Oldham, Sparrow, and Semmes.
Those lvho voted in the ne .ative are,
Messrs. Rarnweli, Baker, burnett, Clark, Da&, Dortch, Haynes,
IIenrY, Hunter, So1111sOn, Mitchel, Orr, Peyton, Preston, Simms, Wigfall, and Yancey.

Mar. 27,1862.1

SENATE.

97

The following message was received from the President of the Confederate States, by Mr. 13. K. Harrison, his Secretary:
i W . President The P r e 4 c r i t of thc Confederate States, on yesterday, approved
and signed an a c t (s 23) to rcygilate the inode of payirig the members of the Senate
and House .of Iieprw~ntati\cs, and the disk)ursemeiit of the contingent fund.

The Seiiate resumed, ah in Committee of the Whole, the consideration


of the joint resolution of the l-louse of lteprcsentatires (H. It. -)
to authorize the suspension of the execution of an act to authorize the
Prcsidcnt to cwtise to be constructed ccrtain gunboats, approved
DeccniheY 24, 1861; and no amendnient being I I I R ~ G ,it was reported to
the Senate.
Odeivd, That it pass to a third reading.
The SLid resolution was read t h e third tiiiie.
Resdced, That it pass, mid th:tt the title thereof remain as aforesaid.
Ordmxi, That the S e c ~ e t a r yinforin thc House of Representatives
thereof.
A Iiicssage I W I ~ Itho IIOIISC
of Bcl)rcsclittttl\res, by MY.I , > L I ~ I ~ L ~
1 a bill (11. 1.1 -) niakirig
ril 1 to the 30th o f Kowm-

idc fiirtlicr iiicaus for the support of the (io\-eriimc~nt;


A b i l l (11. 12. --)
In \\liit.li 1 imz tlirccted to request the concurrent-c of the Senate.

The bills kist inentioned as being t h i s day communicated for concurrence froni the Home of ltepresentat,ivc~snot having been engrossed,
Mr. 0 r r submitted the following rcsolution; which was considered
and agrecd to:
Resobed, That the Secretary of thc Senate be, and he is hereby, directed to return
to thc House of Representati\-es IIouse bill KO. -, entitled A bill making appropriations fcr the support of the (iovernment from April first to the thirtieth of
November, eighteen lnindred and siuty-t\i o, aud for objects hereinaftcr expressed,
and House bill KO -, entitled A bill to provide further means for the support of
the Government; and inform t h e llouse that the bills atoresaid have not been
engiossed b y t h e Clerk of the House.
The Senate procccded, as in Conunittee of the Whole, to thc consid-

eration of tho bill (S. 87) to prohibit miy cotton, tohacco, and military
and ii:ivi~lstores being furnished to tile eneniy, and to provide pcnalties
for t h e violation thcreof.
On motion by Mr. Clark, to miend thc bill hy :&ling a t the end of
the first section the words grain or other articles (&dated to subsist
an ariny,
It was determined in the neg.rl tlye.
On motion h y Mr. Davis, to amend tlic bill hy striking out, in the
scrcnth line of the second section, the word.; with death, or,
It was determined in the affirniatire.
On motion by Mr. Clark, t o reconsider the -\-oh by which the foregoing amendinerit was :igreed to,
It w : determined
~
in thc negtttirc.
On niotion by Mr. Hill, to ainend the sixth section by striking out,
in the fourth line, all after the word discharged and inserting in
lieu thereof the words in consequence of any defect in the indictment, or in consequence of anayamendment thereof ,
It was determined in th e affirmative.
On motion by Mr. Seiiimes,
To amend the bill by striking out the following section:
SEC.7. That no fine under this act shall be for a less sum than one thousand dollars, nor any imprisonment, whether with or without hard labor, for a lcse time than
twelve months,
c J-VOL 2-04-7

[Mar. 28, 1862.

JOURNAL O F THE

98

It was determined in the affirmative.


No further amendment being proposed,
The bill as amended was reported to the senate, and the amendments were concurred in.
On the question,
Shall this bill be engrossed and read a third timc?
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSIO?r.

The following message was received from the President of thc Confederate States, by Mr. B. N. Harrison, his Secretary:
~ X E C U T I V E DElAIUXIChT, r\I(wdiby, 1862.
To the PTCiEidazt of the Senelzrcte of the Confedernte &tex
I nominate the persons named in the annexed letter of the Secoretary of the Say,,
agreeably to his recommendation.
JKFFERSON DAVIS.

CONFEDERATE STATES

OF hlIERICA, NAVY

DEPAHTMEIUT,

Richmond, iMarch 25, 1862.

To the PRESIDENT.
SIR: I have the honor to recommend the following nominations for appointment
in the Navy, under act of Congress (No. 331) approved Deeenibcr 24, 1861:
ilssiatnnt surgeons .for the wa?

William Mason Turner, of Virginia; Edwin G . Booth, of Virginia, and W. J.


Addison, of Maryland.
With much respect, 1 am, your obedient servant,
S. I3 NIBLLORY,
Secretary of the -\avy.

The message was rend.


O.r.dered, That it he referred to the Committee on Naval Affairs.
On motion by Mr. Sparrow,
The Senate resdvcd into secret legislative scssion.

FltIDAY, MARCH28, LX62.


OPEN SESSION.

The President laid before the Scntitc tb communication from Shelton

C. Davis, clerk of the senate of Virginia, transmitting L: resolution of

that body, tendering to the Senate of the Confederate States the use
uf their chamber after their adjournment,.
The cornrnunication having been read,
Mr. 0 r r submitted the following rcsolution; which was considered
and agreed to:
Besoluetl, That the thanks of the Senate of the Confederate States are respectfully
retclrncd to the senate of Virgiiiia for t h e tender of their chamber for the use of the
Confederate Stntes Senatc, after the adjournment of the general assembly of Virginia.

Tlic lresidont having signed the hill reported by the committee on


yesterdiky to have becn truly enrolled, viz: A bill (El. R. -) to fix the
times f ~ r ~ h o l d i nthe Confederate court for thc northern district of
(hornla, it was $elivorcd to the Sccretary, and by him forthwith presente8 to thc Prexident for his approbation.
On niotion by Mr. Balier,
)

Mar. 28, 1862.1

SENATE.

99

The vote on the passing of th e bill (S. 29) to amend the several acts
in relation to the pay of chaplains in the Army was reconsidered.
On motion hy Mr. Baker,
The vote on the cngrossnient of the same was also reconsidered.
The Senate proceeded, as in Committee of the Whole, to the consideration of t he bill (8. 29) last mentioned; and
On motion by Mr. Baker, to amend the hill by striking out the word
eighty, in the third line of the first section, and inserting in lieu
thereof the words one hundred, and to further amend by striking
out all after the word with, in the fourth line of the same section,
and inserting in lieu thereof the words with the rank of captain.
On motion by Mr. Wigfall,
Ordered, T ha t the bill and amendments he referred t o the Committee
on Military Affairs.
Mr. Clay presented t he memorial of citizens o l Jackson County,
Ala., praying some action of Congress to prevent a draft of the militia
in said county; which was referred to the Committee o n Military
Affairs.
Mr. Sparrow, from t he Coinmittee on Military Affairs, to whom
was refcrrecl the hill (S.1) to legalize the organization of certain companies i n Tennessee, reported i t with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 1)last mentioned, and the reported amendment, as amended on motion by Mr. Burnett, was agreed to; and no
further amendment being made, the bill was reported to the Senate
and the amendment was coricurrcd in.
Ordered, That it he engrossed and read n third time.
The said bill was read the third time, and the title was amended.
Besolwd, That this bill pass, and that the title thereof be An act
t o recognize the organization of certain military companies.
Ordered, That the Secretary request the conairrence of the House
of Representatives therein.
The President laid before the Senate a device fo r n Confederate
States flag; which vas referred to the Committee on Flag and Seal.
The Senatc proc d d , as i n Comiiiittee of the Whole, to the considertition of the bill (11. R. -) to authorize the President! to increase
his persorial staff; and n o aiiiendnien t being macle, it was reported to
the Senate.
Ordemd? That it pass t o a third reading.
The said bill mas read the tliird time.
ResoZved? That i t pws, and that the title thereof be as aforrsaid.
Ordered, That the Secretarj- inform the House of Representatives
thereof.
A message from the I-lonxc of ltcpresentatives, by Mr. Lamar:
Xr. Iwsidennl: The House of Representatives h a r e passed the follolving resolution:

Ih~solved( t h e Senute cwimrring), That the Speaker of the House of Representatives and the President of the Senate adjourn their respective louses on Monday,
the seventh day of April, anno Domini, eighteen hundred and sixty-two.

The hill (H. li. -) to fix the compensation of the President of the
Confederate States was read the fint and second times and referred to
tlic Coininittee on Finance.
The Senate proceeded to corisidcr their amendment, disagreed to 1)y
the House of Eepresentatives, to the resolution (H. R. -) relating

[Mar. 28,1862.

to themanner of paying members of the Provisiorral Congress the


arrearages of their pap and mileage; and
On motion by Mr. Orr,
ResoJved, That the Senate insist on their said amcndnlent, disagreed
to by the House, and ask a conference on the disagreeing voles of the
two Houses.
On motion,
Ordered, That the committee of conference on the part of the Senate be a pointed by the President; arid
Mr. &r, Mr. &own, and Mr. Clark were appointed.
O r b e d , That the Secretary inform the House of Kcpresentative8
accordingly.
On motion by Mr. Orr,
The Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Clay,
The Senate adjourned until to-morrow inorning at 12 oclock.
SECRET SESSION.

A message from the House of Reprcscntatives, by Mr. Lniiiar:


Afr. President: The House of Representatives have passed a hill (H. It. -) making

appropriations for the support of the Government from April I to November 30,1862,
and for objects hereinafter !nentioned; also
A bill (13. R. -) to provide further ineans for the support of the Government;
I n which I am directed to ask the concurrence of the Senate.

The two bills (H. R. -, -) this day received from t h c House of


Eepresentatives for concurrence were severally read the first a i d
second times.
Ordwed, That they bc r e f e r r d to the Committcc on Finance.
The Senate resumed, as in Committee of the Wholc, the consideration of the joint resolution (1. It. -) authorizing the President to scnd
additional conmissioners to foreign countries, and for other purposes.
After debate,
On motion by Mr. Orr,
Ordwed, That it lie on the table.
On riiotiori by Mr. IIenry, that the vote by which the Senate declared,
on yesterday, that thcy had not constitutional jurisdiction of the subject embraced in the bill (S. s) to repeal an act entitled bAnact to provide revenue froin coniniodities imported from foreign countries, and
other laws imposing duties on imports, be reconsidered,
On riiotiori by Mr. Haynes,
The Senate resolved into executive session.
EXECUTIVI~C SESLSION.

Iiie following nicssage was received from the President of the Confedcratc States, hy Mr. I3. N. Harrison, his Secretary:
&ECUTITE

DEPARTAIIEIIT,

Richmond, March 27, 18G2.

To tlie henctle of the Cbnjcdertrte Matcs:


I noininate the officer8 on the accompanying list to the rank affixed to their
nameu, respectively, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.

101

SENATE.

Mar. 28, 1862.1

CorFmmwrb; f+rArmi OF Anim~ca,WAR DEPARTMENT,


Riclimond, i?farc!k 22, 1862.
Sm: I liave the honor to recommend the following noininations for appointment
in the Provisional Army of tlic Confederate States of Anierica:
'rimti) AKRAXSAS

i ~ m I m s ' r ,I ~ R O V I S I O N A I , AIIXY.
Colorcel.

Van Ii. Manning, to take rank March 11, 1862, Arkansas.

Lieutencmt-colonel.
Williain 13. Tebbs, to take rank March 11, 1862, Arkansas.

Major.
*

J. 11. Capers, to take rank March 11, 1862, Arkansas.


FOT JILTEESTI I LOU IS1A N A REG 131ESP, I'IX~VISIOXA 1, ARMY.

Colonel.

fL. \V. Jones, to take rank Fehruary 19, 1862, Lonisiana.


I,iPutmrl.,it-colonPI.
%. York, to take rank February 19, 1862, Louisiana.

iuajor..

David %able, to take rank February 19, 1862, Louisiana.


~ ~ ~ ~ ~ x ' ~ ~ - I z JIISSISSIITI
I ( ; I I ' ~ I I KBUIXETT, I ~ I ~ O \ ~ I S I ~ S A
ARMY.
I,

Colonel.

P. 13. Starke, to take rank February 21, 1862, Mississippi.


I;ieutennnt-coloizPl.

S.W. Perguson,

to take rank February 24, 1862, Mississippi.

hlmjor..
Etl\vartl T'. Joncs, to take rank Felmmry 24, 1802, Mississippi.
ESSIZE: RI'GIMISXT,

l'ROVJSIOS.\L

AKXY.

Colowcl.
R. J. Morgan, to take rank February 26, 1862, Tennessee.
LieiLtenicnl-coloiiel.

John N. I)ririii, tt-r take rank Febluary 26, 1862, Tennessee.

Xujor.

W. A. Camp, to take rank February 26, 1862, Tennessee.


P I F T I I ALAnA!JA

I3AT'I'ALION,

PRO\71SIOSAl~ ARMY.

I,ieiitenn.llt-colo?zzel.
William 1). Chadick, to take rank Febrnary 26, 1862, Alabama.

102

JOURNAL O F THE
THIRTEENTH

War 28, 1862.

GEORGIA REGIMENT, PROVISIONAL I R V Y .

Colonrl.
&farcellusDouglass, to take rank February I , 1862, GrOrgia.
Lietitenant-colonel.
James M. Smith, to take rank February 1, 1862, Georgia.
Major.

John H. Baker, to take rank February I, 1862, Georgia.


SECOND 4RKANSAS CAVALRY REGIMEST, PROVISIOSAL ARJIY.

Major.
William Gipson, to take rank January 26, 1862, Arkansas.
SECOND ARKANSAS KEGIMEXT, PRO\'lSlONAL

ARMY.

Major.

E. Warfield, to take rank January 6, 1862, Arkansas.


TENTH VIRGINIA BA'ITALION, PROVISIONAL ARMY.
Mix jor.

Benjamin F. Bradley, to take rank March 13, 1862, Virginia.


TWENTY-SIXTE ALABAMA REGIMENT, PROVISIONAL ARYY.

Colonel.
E. A. O'Neal, to take rank froin confirmation, Alabama.
~llC3'I' ALA13ANA RECII\IIWT, PROVISIOSAL ARMY.

Colo71el.

1. G . W. Stcedman, to take rank, ctc., March 4, 1862, Alabama.


EICLATII VIRGINIA C h V A L R l - RlWIMENT, P R O V I S I O S A L AR>lY.

Lieutmnnt-colonel.

I-icnry Fitzliugh, to takc rank March 22, 1862, Virginia.


i w u i w I A R R A N S A Y I ~ CIMENT,
,
PHOVISIOSA I, ARMY.

Meulennnt-colonel.
Samncl Ogtlen, to take rank February 27, 1862, Arkansas.
I+llWl' IIICGIMEST l.OUISIANA AIZ'PILLERP, PROVISIOXAL ARMY,

Second liezitt~nrcnts.

Thomas.'1 B. Ryan, to takc rank hfarch 20, 1862, Louisiana.


Robert, 13ruce, to take rank March 22, 1862, Louisiana.
I'h.ipik quaslermtrslela, lcith {lie rank of major.

(korge W. Gricc, Virginia; .J. M. Thomson, Mississippi; Clement Young, -;


Alexan(ltv W. Vichlr, Tenncs~e~;
G . V. Yoiing, Tennessee; 1,. F. Johnston, Alabama;
Joseph H. Pendleton, Virginia,

Mar. 28, 1862.1

SENATE.

103

Assistant qtiarternansters, with thP rank of cuptwin.

.J. G. Dent, Tennessee; L,. S. McGwier, Georgia; Robert H. Smith, Mississippi;


Ilenry E. Cate, Teiiuessre; Beltoii Mickle, Louisiana; A. Sinith Jordan, North Carolina; J. J. Waggoner, i?rgiriia; 13. 11. Epping, Georgia; C. H. Williams, Mississippi;
Horace L. Robards, North Carolina; ltufus P. &fcClai11,Tennessee; &I.H. Skpliens,
Tennessee; J. 13. Roberts, Arkaimas; 1). H. Thoinas, Arkansau; Henry H. McCune,
Minsomi; Charles A. Watkins, Missouri; Joshua Dear, Missouri; J. G . Michaeloffsky,
Alabama.
Brigade contmisswries, with tlie rank of major.
Cliritoii McClarty, Kentucky; Robert Tannahill, Virginia; Ferdinand Molloy,
M. IVI. Copeland, ; William B. Stanard, Virginia; W. W. Guy, Tennessee; 11. 11. Chalmers, Mississippi.
-;

ilssislant commissaries, with the rank of captain.

J. D. Withcrspoon, South Carolina; William H. Whitchcad, Georgia; R. A. Howard, -.


, Isaac N. Barnett, TennesRee; Simon Myers, Mississippi; Edward Miles,
Louisiana; John 1. Campbell, Tennessee; David Urquhnrt, Louisiana; T. W.Tansill,
Virginia; Samuel Donald, Louisiana; (1. T.Patiu, Louisiana; Thoinas E. Gregg, South
Carolina; F. 0. H. ITllite, Alabama; V. H. Claiborne, Virginia; William M. Priest,
Missouri; Lynch Turim, Missouri; Andrew S. Justice, Mjssouri; J. Henry Graybill,
Virginia; John W. Vraley, Texas; 1Ienry T. Hall, Georgia.
Cliaplains.
Archibald Goulti, Florida; W.K.Caineron, Alabama; Antoine de Chaignon, Louisiana; Williani M. I)odson, Missouri; G. IV. Rogers, Missouri; Julius P. Faison,
North Carolina; J. C. Ihowii, Virginia; W. C. Dunlap, Georgia.

Adjutants, ioith t h rank


~
ojjiirst lieutenant.
Elias E. Whitner, to take rank January 1, 1862, Florida.
Thoinas W.Cumniiiig, to take rank March 18, 1862, Georgia.
1). C. A. Moses, to take rank February I , 1862, Alabama.
E. P. Dandritlge, to take rank March 18, 1862, Virginia.
Joliri L. Hopkins, to take rank February 2G, 1862, Tennessee.
C. B. Porter, to take rank March 10, 1862, Virginia.
Griinke Rhett, to take raiik March 19, 1862, South Carolina.
J. 1. Dillinghaln, t o take rank March 22, 1862, North Carolina.
John S. klosby, to take rank February 17, 1862, Virginia.
David Lewis, to take rank February 17, 1862, Florida.
Charlcs W.Pullins, to take rank Jaiiuary 20, 1862, Blissouri.
John M. Poteat, to take rank Felxuary 17, 1862, North Carolina.
Miles M. Cowles, to take rank February 17, 1862, Puorth Carolina.
John J. Fitzpatrick, to take rank February 17, 1862, Mississippi.
Joseph J. Guyton, to take rank February 17, 1862, Nissimippi.

Assistant adjutants-general, with the rank qf captain.

H. W. Walter, to take rank March 19, 1862, Louisiana.


Charles E. Marshall, to take rank March 19, 1862, Kentucky.
John M. Stansifer, to take rank March IS, 1862, Kentucky.
iV. H. Sellers, to take rank Narch 19, 1862, Texas.
Charles Wood, to take rank illarch 15, 1862, Virginia.
E. E. Portlock, jr., to take rank March 20, 1862, Virginia.
William B. Pendleton, to take rank March 22, 1862, Virginia.
kids-de-cctmp, with the rank of first lieutenant.

A. Claxton Sorrel, to take rank March 18, 1862, -.


J. I. Middleton, jr., to take rank March 20, 1862, South Carolina.
Louis G. Young, to take rank March 22, 1862, North Carolina.
John $1. Smith, to take rank March 22, 1862, Arkansas.
Charles Marshall, to take rank March 22, 1862, Virginia.
J. Lyle Clarke, to take rank March 20, 1862, ~Marylaiid.

JOURNAL Ob TEE
ARTILLERY.

Mnj,,.

. Taylor, to take rank March 18, 1862, Virginia


R. L. Walker, to take rank March 20, 1862, Virginla.
ENGINEERS.

First lieutenant.
Walter G . Turpin, to take rank March 22, 1862, Virginia.
I am, sir, very respectfully, your obedient servant,
J. 1. BENJAMIN,
Acting Secretnrlp of War.
To His Excellency JEFFERSON
DAVIS,
President, etc.

to the Committee on Military Affairs.


On motion by Mr. Clay,
The Senate resolved into open legislative session.

SATURDAY, MARCH29, 1862.


OPEN BMSSION.

Mr. Baker (by leave) introduced

A bill (S. 30) to create the eastern judicial district of Florida, and to
provide for the appointment of judges and officers thereof;
which was retd the first and second tinies and refei red to the Committee
on the Judiciary.
Mr. Sciumcs (by leave) introduced
A joint resolution (S. 6) directing how prize monrg shall I.w paid in
certain casos;
which was read the first and second tiines and considered as in Cornniittee of the Whole; and no ameridiiient being made, it waij wported
to the Kcntite.
Chdowd, That it be engrossed a i d rcad a third time.
The said resolution was read the third time.
Rwo/i:ed, That it pass, and that the title thereof bc ah aforesaid.
O d ~ t d That
,
the Sccretsry request the concurrence of thc. Rouse
of Kepresentxtivw therein.
On motion by Mr. Sparrow,
[ O/&wd, Thtit] the Coinrnittee on Military Affairs be discharged
froin the further consideration of the following subjects:
A resolution inquiring into thc necessity of increasing the number
of soldiers in the. ticld :~ndthe orpnizntion of camps of instvuctioii,
and what q3proprintions ought t o bc intide fo r those purposes sirid for
an intreasc of iirnis for thc public defense; and
A resolution inqwiring into the justice and expediency of paying,
daring the continuanee of the present, war, the pensiorls allowed by
the h w s of the LJuitd St:itc.; to widowsof dcccaved officers and soldiers.
dcd, as in Cotiiniittce of the Wliolc, to the consideration of tlic hill (S. 2s) to arncnd ti11 act entitled An act to provide
lor tlic orgsnization of the Naq7, approved March 16, 1861.
rho bill having bocn ainenitcd, .
On niolion 1)sMr. Ori.,

Mar. 29, 1S62.J

105

BEENATE.

Ordered, That the further consideration thereof be postponed h t i l


Monday, the 31st instant.
The Senate proceeded, as in Committee of the Whole, to the eonsideration of the bill (S. 18) declaring the ofher who shall a c t a s President
in case of vwincies in the offices both of President and Vice-President.
On motion by Mr. Hill, to amend the bill by adding at the end of
the third section tho -words and he arid the Vice-President shall hold
their oBices f or the constitutional tcrm of six years,
It was determined in the :tfirniative.
On motion by Mr. Clay, to amend the bill by striking out the following:
SEC.2. A n d be it further enacted, That whenever the offices of President and VicePresident shall both become vacant by death, resignation, or removal from oficc,
the Secretary of State shall forthwith cause a notification thereof to be made to the
executive of every State, and shall also cause the same to be published in at least
one of the newspapers printed in each State, specifying that electors of t h e President
and Vice-President of the Confederate States shall be appointed or chosen, in t h e
sercral States, on the first Wednesday in Piorember then next ensuing: Provided,
Theie shall be the space of two iiiontlis between tlie date of such notification and t h e
Paid first Weclnesday i n Sovcinbcr; hut if tlwrc shall not be the space of t n o months
betxeen tlie (late of sriclr notification and tlie first Wt~dnesdayin November, and if
the term for x hie11 tlie Iresidcnt and Vice-President last in office were elected shall
not cxpirc. on the twenty-sectontl day of 1;ebruary next eiisuinp, tben the Secretary
of State shall specify, in tlie notification, that the electors shall be appointed or
chosen the first IVednewtiay i n Soveniher, in t h e next pear ensuing, on which day
the electors shall accordingly h appointed or clioscn; and the electors theii chosen
or appointed dial1 n i c ~ tant1 pin, t l i ~ i Toter
r
on the first Wednesday in December
t1ic.n next ensuing; and t h e proceedings and duties of Paid electors and others shall
be pursuant to the directions prescribed in an act to put in operation the Governiiient under tlie pcnrianent Constitution of thcl Contederatc States 01 America,
approved May twenty-tirst, eighteen hundred arid sixty-one.
SEC.3. A n d be i t f u r t l i u e i t a c t d , That thc Ircsidmt then elected shall be innugnrated
on the twenty-c?ecoiid day of Ftkbruary then next enwing; a n d h e and the VicePresident shall hold their officcs for the constitutional term of six years.
SEC. 4. And ~ J P~ t ~ f i ~ v t eii
lior
That tlie only evidence of a refusal to accepl, u r
of a resignation of tile oflicc1
Pdcnt or \icelresident, siidl be an iiistrunient
in writing tleclartiig the sanic~,and subscrilxxd by the percion refusing to accept, or
resigning, as the case may be, arid tleliverctl into tlie oflice of the Secretary of

State,

It was determincd in thc atEirinativc, j Yens.


On motion hp Mr. Scnimcs,

--

_.
. -.
....

._
_.
.--

15
6

_ . . _ _ . _ _ _

The yeas and nay? being desired by one-fifth of the Senators prescnt,
Those who voted iri the afEmiativc tire,
Messrs. Baker, Brown, Burnett, Clay, Clt~rk,Hunter, Johnson,
Maxwell, Mitchel, Oldham, Phelxn, icyton, Preston, Simins, and
Y:tncey.
Those who voted in the negative are,
Mcisri;. I<nrtiwell, H E L ~ C
1 Ieriry,
S , Orr, Sparrow, and Somines.
30 further aiiiencliiicnt Iwiiig niadc, the bill W R Y reported to the
Senxttl and the xiiientlnichnts were concurred in.
Or&rvd, That i t he engrossed and read n third time.
The said bill was r e d the third time.
Bescilved, That jt pass, and that the title thereof be as aforesaid.
Ordercd, That the Secretary request the eonciiirence of the Iiouse
of Representativcs therein.
A messsge from the House of Representatives, by MI*.Lamar:
1%.
P~essident: The House of Representatives have passrd a bill (11. 11. -) to
amend the act approved &lay10, 1861, eiititied A n act to anleiid an act to provide
for the publie defense; also,

106

.JOURNAL OF THE

[Afar. 29, 186%

A bill (H. R. -) to promote the efficiency of the Medical Department of the Army;
also,
A bill (H. R.-) to provide for kegpitkg all fireallns in the arnlkx uf the CullftAderate
States in the hands of effective irlerl;
In which bills I am directed to ask the concurrence of the Senate.
The Holxse of Repreeentatives have insisted on their disagreenlent to t h e amendment of the Senate to a joint resolution (H. It. -) in relation to payirig to members
of the Provisional Congress the arrearages of their pay and mileage, have concurred
in the request of the Senate for a committee of conference, and have appointed Mr.
Curry of Alabama, Mr. Chambers of Mississippi, and Mr. Holt of C+eorgia as the
committee on the part of the House.

The following message was received from the President of the


Confederate States, by Mr. B. N. Harrison, his Secretary:
DEPARTXENT,
JfCITCh 28, 1862.
To the Senate and House of Represektatalices OJ' the Conjedernte States:
The operation of the various laws now in force for raising armies h a s exhibited
the necessity for reform. The frequent changes and amendments which have been
made have rendered the system so complicated as to make it often quite difficult to
determine what the law really is, and to what extent prior enactments are modified
by more recent, legislation.
There is also embarrassment from conflict between State and Confederate legislation. I am happy to assure you of the entire harmony of purpose and cordiality of
feelin which have continued to exist between myself and the executives of the
sever3 States; and it is to this cause that our success in keeping adequate forces in
the field is to be attributed.
These reasons would suffiee for inviting your earnest attention to t h e necessity of
some simple and general system for exercising the power of raising armies which is
vested in the Congress by the Constitution. But there is another and more important
consideration. The vast preparations made by the enemy for a combined assanlt at
numerous points on our frontier and seacowt have produced the result that might
have been expected. They have animated the people with a spirit of resistance so
general, so resolute, and so self-sacrificing that it requires rather to be regulated than
to be stimulated. The right of the State to demand, and the duty of each citizen to
render military service, need only to be stated to be admitted. It is not, hoir ever,
wise or judicious policy to place in active service that portion of tbc force of a people
which esperieiice has shown to be necessary as a reserve. Youths under the age of
18 years require further instruction-men of matured experience are needed for
maintaining order and good government at home, and i n supervising preparations
for rendering elticient the armies in the field. These two classes constitute the
r p e r reserve for home defense, ready to be called out in case of emergency, and to
e kept in the field only ahile the emergency exists. But in order to maintain this
reserve intact, it is necessary that in a great war like that i n which we are now
engaged, all persons of intermediate age iiot legally exempt for good cause should
pay their dcbt of military service to the country, that the burthens should not fall
exclusively on the most ardent and patriotic.
1 therefore recoininend the passage of a law declaring that all persons residing
within the Confederate States, between the ages of 18 arid 35 years, a n d rightfully
subject to niilitary duty, shall he held to be in the military service of the Confederate
States, and that some plain and siinplc method be adopted for their prompt enrollment and organization, repealing all of thc legislation heretofore enacted which
would conflict with the system pro2osed.
JEFFERSON DAVIS.
1 1
I he message was rmd.

$:XECUTIVE

On motion hy Mr. Sprrow,


O T ~ ; ; Y That
V ~ , it# 1~ referred to the Comniittee on Military Affairs
and that it be printed.
A message from the House of Representatives, by Mr. Lanlar:
&. Preskht: The House of Representatives have passed a bill (H. R. -1 to enable
the States aauming the payment of their quotas of the war tax to pay the same into
the Treasnrv.
Thp ha&! also adopted a joint resolution (IT. R. -) for the appointment of a
spec~iaYeommitteefor purposes therein named;
In which bill and resolution 1 am directed to ask t h e concurrellcc of t h e Senate.

Mar. 29, 18C2.1

107

SENATE.

On motion by Mr.Orr,
Tht1 Senate resolvecl into secret legislative session.
The doors being opened,
The joint resolution (H. R. -) for raising a special committee for
purposes therein named, W R S r(liLd the first, and second tiizics and considered as i n Committce of the \\hole.
On motion hy Mr. O r r ,
Ordeered, That the further consideration thereof he postponed until
Monday, the 31st instant.
The bill (1%.B. -) to enable the States assuming the payment of their
quotas of the war tax t o pay the samc into the Treasury, W:LS read the
first and second times and referred to the Coniinittee on Finance.
The following bills mere severally read the first and second times
and referred t o the Committee on Military Affairs:
H. R. -. A bill t o promote the efficiency of the Medical Dcpartment of the Army;
H. 12. -. . A bill to amend a n act approved May 10, 1861, entitled
An act t o amend mi act to provide for the public defensr, approved
March 6, 1861; and
H. R. --. A bill to provide for keeping all firearms in the armies
of the Confederate States in the hands of effective men.
On motion by Mr. Scmnics,
The Senate adjourned until Monday iiiorning iLt 1 2 ocluck.
SECRET SESSION.

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


MY. Prexidmt: The Speaker of the House of Representatixs having signed an
enrolled joint resolution (11. a. -) to authorize the suspension of the execution
of an act t o authorize the President to cause to be constructed certain gunboats,

approved December 24, 1861, 1 am directed to bring i t to the Senate for the signature
of their President.

MI-. Phelan, from the committee, reported that they had examined
and found truly enrolled the following joint rcsohition:
H. It. -. Joint resolution to authorize the suspension of the execution of an act to authorize tlie Yresident to causc, to be constructed
certain gunboats, approved 1)ecember 24, 1861.
On motion by Mr. Orr,
The Senate resoli ed into executive session.
After the transaction of execntive busincss,
Mr. Yancey submitted the following rcsolution:
I;raoZcetl, That tlie Curnniittee on Finaucc be insti ucted to report n biil authorizing
tlie Secretary of the Traasnry to receive from subscribers to the protliice loan, in
exchmge foi bond>, their Rubscriptions in rotton ancl tobacco, a t such rates as niay
he agreed upon, ith
er to clisposc of the m i l e as in his opinion inay be most consistent 1% ith the public. interest.

On motion by 31~.Barnwell,
Ordered, That it lie on the table.
Mr. Clay submitted the following resolution; which
and agreed to:

WRS

considered

Resolved, That the Secretary of War be requested to inform the Senate, in secret
session, what nuinlser of small arms and of ortlnanre tmve k e n p u r r h a a d abroad hy
the Government; what nmnI-ier ha\ e been imported; what number were taken b y
the several States at the tiiffwmt forts ancl arsenals claimed by the United States;
what nuiiiber have been captured froni the enemy i n all our battles; what number of

The following message was received from the President of the Con-'
federate States, by Mr. 3. N. Harrison, his Secretsq-:
EXECGTIVE
DEPARTYENT,
March 29, 1862.

To (tic President of the S%ncile of the Confederate Stcites of America:


I nominate the persons named in the accompanying recommendation by the Attorney-General for appointment to office as therein specified.
JEFFERSON DAVIS.
CoxFEr)EltArpl.:STATCS

OL? li\IERICA,

~ E P A R T X E N T O F JUSTICE,

R k h n o n d , 3 f w c h 26, 1862.

To the PRESIDENT.
SIR.I have ttle honor to submit the following iioniinations for this Da1)artrwnt:
Wade lieyes, of Rlabania, as Assistant Attorney-General.
Itrifun It. Ithodes, of Mississippi, as Cotnniissioner of Patents.
(:eorge H. W. Nelson, of Georgia, as Superintendent of Public Printing.
Alabama-Williain (+.Jones, Mobilc, as judge of the district court; A. J. ILequier,
Mobile, as district attorney; Benjamin Pattison, IIiintsville, as inarshal; who are the
present incumbents.
Arkansas--I)anic~l Itingo, Little Rock, BS judge of the district court; Granville
Wilcox, Van Ihiren, as district attorney of tliewestern district; William RI. Randolph,
Little Rock, as district attorwy tor the eastern district; James hl. Brown, Van Biiren,

Nicdl, t ; a ~ ~ : i n ~ i i ias
h , clistrirt attorney; Thoniac L. ROPX,Macon, as niarslial; all of
whoru arc t h c x I)rw(wt incnnibent,s.
of the district ronrt;
tine U. Uevcrly, New
district court; Carnot
I'ontotoc, as marshal ;
Not tli Carolin:i--Asa I$iggq, Williatnston, as judge of the district court; George V.
Strong, Goldbboro, iis cIi.itrkt attorney; Wesley cJonec, Kaleigh, as marshal; all of
whoiir iii c tlir p i c w r i t iiic*ntiil)ents.

mi w the prtmnt iiicwtrihtwts

ng H . Miller, Jj'incast]e,
attorond, as inarslial of tile eastern
1 of the western &jtrict; all of

Very respec.tfiilly, your obedient, wrvarit,


THS. R R A ( X ~ .

Mar. 29, 1862.1

109

SENATE.

The message was rcad.


On niotion by Mr. Haynes,
The Seriate proceeded to the consideration of the nominations of
West H. Humphrrys, as judge of tlie district court, and Jesse (3.
U'allace, as district attorney for the eastern district of Tennessee; and
it was
BesoZved, That the Senate advise and consent to the appointment of
West 11. Humyhreys :md Jesse G. Wallace, agreeably to the nornination of the 'resident.
On motion by Ah-. Clay,
The Senate proceeded to the considcrathi of the nominations of
William (3. Jones and A. J. 12cquicr.; and it was
ResoZwd, That the Senate advise and consent to the appointment of
William G. aoncs, to. he judgc of thc district court of Alabania, and
A. J . Ilcquier, to bc district attorncy of the district court of' Alabania,
and Bcn janiin l'att ison, to be innrshd of the district o f Alabmi:~,agrccably to thc noniin;ition of the I'rcsidcnt.
On 1notion by Mr. s1xLrrow,
0 7 v J ( 7 ~ c d ,That tlie noriiinntion~in tlie forcgoinp message not this
d:Ly confirmed he rcfrrrtd t o thc (:onitnittee on Militnrv Rfhirs."
Thc following inc\s:qc\ w:is rcvcivcd fim n tlic I'rcsidcnt of the Confederate Statcs, by Ma. 13. N. Harrison, his Secretary:
'

I ~ . ; E c ~ T I ~I>lil~aIz'rArEs'r,
I.:
j f ( t ~ 29,
d ~ lSG2'.

To the lionornblr~the I'residpiLt

of ilie Antri(,.

l , Virginia, for ;t~)poiritiiitntas a brigadierSIR: I nominate I,. il R r m i ~ t r ~ tof


general in the Pro\ i3ion:il Army of tlic Coriftderxtr S h t e s of America, agreeably to
the inclosed reeornrncndation of thc Sevretary of War.
JEFFERSON I>AVIS.

The mcssagc 'was rcad.


O ~ d e ~ e That
d , it bc rcferred to the Committee on Military Affairs.
On niotion h y Mr. Prcston,
The Scn:Lte rtwnicd the consiclcration o f the norriinatioris of T. R.
Dunn and J. 11. Miinford: and
After debate,
011
tlic question,
Will the Scn:rtc :iclvisc iwd consent to tho appointnicnt of T. It. Dunn
and J. 11. Munford?
It wab detcrmincd in thc negative.
So it was
RossoZ?~~d,
Thiit the Senate (lo iiot d v i s c and consent to the appointment of T. 12. I h n and J. H. &funforti a h second lieutenants in the
Provisioiial Army of the Confederate St:itcs of America.
On iiiotion,
The Scntite rcsunicd thc cwnsideration of the nominations of William
Palfrey, John T. l'urvt>s, rid J . P. Butler, to be second lieutenants in
the Army of tliv C:onfedcrate States of America; and
After dclmtc,
BesoZpeJ, That the Senate advise and consent to their appointnicnt,
agreeably to the nomination of tlie President.
Mr. Bakein, from the Coniinittee on Naval Affairs, to wholn were
referred (on the 27th instant) the nominations of William Mason
aF;o recorded. Subsequent action shows that the noniinatioiis were referred to the
Coriimittec on the Judiciary.

Ed& G. Booth, and W. J. Addison as assistant surg:.eons for


reported, with the recommendation that all of said nonlina.
confirmed.
enate proceeded to consider the said report; and i n concurerewith,
ved, That the Senate advise and consent to the appointment of
Mason Turner, Edwin G. Booth, and 11. J . Addison, agreeably to the nomination of the President.
On motion by Mr. VC.igfall,
The Senate resolved into secret legislatire session.
MONDAY, MARCH31, 186%.
OPEN SESSION.

Mr. Sparrow submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of War be requested to inforni the Senate jvhether
any of the surgeons and assistant surgeons now in the Confederate service give any
portion of their time to their private practice, and if so, has the same been done by
the authority or sanction of the War Department.

The President laid before the Senate several devices for a Confederate States dag, designed by Miss L. Augusta Faust, of South Carolina; which were referred to the Committee on Flag and Seal.
Mr. Barnwell, from the Committee on Finance, to whom was
referred the bill (H. R. -) to enable the States assuming the payment
of their quotas of the war tax to pay the same into the Treasury,
re orted it without amendment.
!$he Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. B. -) last mentioned; and no amendment
being made, it was reported to tho Senate.
Ordwed, That it pass to a.third reading.
The said bill was read the third time.
l?esohed, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary inform the House of Ilepresentatives
thoreof.
A message from the House of Representatives, by Mr. Lamar:
illr. Pr~sident:The House of Representatives have passed the following resolution:
ltesolved ( I ~ 8eenrrle
P
concurring), That when Congress shall adjortrn on Monday,
the seventh day of April, it will adjourn to meet again on the first Monday in July,
unless sooner convened by the President.

MI.. Barnwell, from the Committee on Finance, reported


A bill (S. 31) to authorize the employment of clerks a t the offices
of the Treasurer and assistant treasurers;
which was rcad the first and second times and considered as in Committee of the Whole; and no amendment being made, it mas reported
to the Senate.
O?*
That it be en rossed and read a third time.
Th
bill was read t e third time.
Baohed, That it PASS, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the eoncurrcnce of the House
of Representatives therein.
On motion by Mr. Hill,
Ordwed, That the Committee on the Judiciary be discharged from

Mar. 31, 1862 3

SENATE.

111

the further consideration of a resolution inquiring into the expediency


of reporting a bill to carry into effect the second clause of the sixth
section of Article I of the Constitution.
Mr. Sparrow, from the Coiniiiittcc on Military Affairs, t o whom was
referred the bill (H. R. --) to arnend an act approved May 10, 1861,
entitled An act to ainend an act to provide for the public defense,
approved March 6, 1861, reported it without amentlaient.
The Senate proceeded, as in Committee of tho Whole, to the ~ 0 1 1 sideration of the hill (11. R.-) last mentioned; and 110 ainendment
being rnade, it was reported to the Senate.
Otdered, That i t pass t o tt third reading.
The said bill was read the third tinie.
Rossolved, That i t pass, and that thc title thereof bc as aforesaid.
Ordemd, That the Secretary inform the House of Represet~ti~tivcs
thereof.
si eraThe Senate resunied, as in Coininittee of the Whole, thc con.d
tion of the bill (S. 2 5 ) t o tiiiicnd an act entitled An :wt to provide for
the organization of the Navy, a proved Ri1:~rch 16. 1861; :Lnd the
reported amendment as amended ftivinp been agreed to, the bill was
reported to the Senate and th e aniendnient w:~sconcurred in.
Ordeered, That the bill be engrossed and read a third time.
The said bill was i*eadthe third time.
Resohed, That i t pass, nnd that the title thereof be as uforcsaid.
Ordee./.ed,That the Secretary request the concurrence of the House
of Representatives therein.
Mr. Barnwell, from the Committee on Finance, to whom was referred
the bill (1%B. -) to fix the compensation of the President of theconfederate Statcs, reportcd it without amendiiicnt.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. It. --) hist nicntionecl; and no aincndment
being inade, it was reported to the Senate.
Ordwcd, That i t pxss t o a third rending.
The said hill was read t h c third time.
Re<sol,ucd,That it pass, nnd that the title t l i c ~ be
~ ~a sf aforesiiid.
Ordered, That the Secretary inform the IIouse of Representatives
thereof.
The Senate resunied, as in Connnittcc of the \\.hole, the considcration of the joint rt:solution (TI. 1L ) for thc nppointnient of a special
cornniittce for purposes thcrein nanicd; and
On motion by Mr. JZurnett,
Orciered, That the resolution be postponed indefinitely.
On niotion by Mr. Barnwell,
Thc Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Sparrow,
The Senate adjourned until to-morrow morning at 1 2 oclock.
~

SISCI1RT SI.:SSION.

The President having signcd the cnrollccl joint resolution (11. It. -)
to authorize the suspcnsion of thc execution of an act to authorize
the President t o cause t o be conrtructed certain gunboats, approvcd
Dcccniher 24, 1861, hcrctoforc rcported to have heen correctly enrolled
and sigricd by the Speaker OP the House of Representatives, it was

JOURNAL OF THE

[Mar. 31,1862.

to the Secretary, and by him forthwith presented to the

t for his approbation.


dent laid before the Senate sundry documents from the
the Treasury; which mere referred to the Committee on
well, from the Coinniittee on Finance, to whom mas
bill (H, It. -) making appropriations for the support of
ent from April 1to the 30th of Kovcxiiher, 18fi2, and for
jects hereinafter ex ressed, reported it without amendmen t.
The Senate procee ed, as i n Comniittcc of the JThole, to the consideration of the bill (H. It. -) last mentioned; and no anlcndment
being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill mas read the third time.
Resolved, That it p w , and that the title thereof be as aforesaid.
Ordered, That the Secretary inform the House of Bepresentatives
thereof,
Mr. Rarnwell, from the Committee on Finance, to whom was
referred the bill (H. R. -) to provide further means for the support
of thc Government, reported it with amendments.
.
On the question to agree to the following reported amendment, viz:
I n the ninth line of the first section, after the word dollars,
insert the words of which fifty millions sball bc in Treasury notes
t o be issued without reserve; ten millions in Treasury notes t o be used
us a reserve fund, and to be issued to ay any sudden or unexpected
call for deposits; and one hundred anzfifty-five millions certificates
of stock or bonds,
On motion by Mr. Sparrow,
The Senate resolved into executive session.

cp

EXECUTIVE SESSION.

On motion by Mr. Sparrow,


The votc by Ivhieh the nominations ol T. R. Dunn and J. H. Munford, nominated for appointment as second lieutenants in theProvisiona1
Army of the Confederate States, were rejected, was reconsidered.
MY.Sptrrow submitted the following resolution; mhich was considered and agreed to:
Resolved, That the Coniinittce on the Judiciary be instructed to inquire and rpport
to the Senntc, whether the power of appointing T. R. Dunn and J H. Munford to
the position of second lieutenants IS in conformity with the Constitution and the laws.

On motion by Mr. Hunter,


Orde?-ed,That the Secretary inform the President of the Confederate
StRtes of the reconsideration by the Senate of the rejection of the
nominations of T. R. Dunn and J. El. hlunford.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.

Apr. 1,1862.1

SENATE.

113

TUESDAY, APRIL1, 1562.


OPEN SESSTON.

The President of the Senate being absent,


Mr. Hunter, by unanimous consent, took the chair.
Mr. Hill submitted tho following resolution; which w w considered
and agreed to:
Resolwd, That the Coiiimittec on Military Affairs consider and report, by bill or
otherl? ise, what ltpislation is required to develop the mineral resources of t h e Confederate States so as to make them efficient i n thc prosecution of the war, especially
in tlie production and niannfactuue of iron, and in the erection of furnaces, rolling
mills, and other appliances required for P I I C ~production and manufacture; and that
said conimittee inquire into the proper localities for the erection of such furnaces,
rolling mills, and othcr machinery.

Mr. Iiaynes submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee 011 Military Affairs bc requested to inquire into the
expediency of cstablishnig a. iomndry for cannon atid x ilianilfactory of ~niallarms
for the Army of tlie ConfederxttL Statw at t h e city of Knoxville, Tennessre, and of
appropriating t h e slim of five hundred thousand dollars to each of said purposes, and
report by bill or otherwise.

Agreeably to notice, Mr. Clay, from the Coirmittee on Rules, reported


the following as additional standing rulcs of the Senatc; which were
considcred r t ~ agreed
d
to:

xr,Ix. The Iresident pro tcmporci of the Seiiatc sliall r&iiri his rigliL, as a member, to vote upon all questions.
1,. The Senatorwho may be chosrn Presidelit pic) teinporr of the fiemate shall hold
and exercise the rights and duties of that oficc until the beginning of a new Congress and election of his sncccsso~.
A message from the Norise of Representatives, hy Mr. Lamar:
111%. Iresadent: The Spcaker of the House of Representatives having signed sundry
enrollctl bills, I an1 directed to bring them to tlie Senate for t h e signature of their
President.

MY.Phc1:in suhinittcd thc following resolution; which was considered and agreed to:
lie,soltyd, That the (:oiriiitittcc~on nlilitary Affairs bc. instructed to inquire into t h e
expediency of employiiig ncgrocs as teamsters ill tlie Army of tlie Confederate States.

On motion by Mr. 12arnmcl1,


The Senate resolved into secret legislative session.
The doors being opened,
The following message was received from the House of Representatives, by Mr. Lamar:
1
1
0
.
President. The House of Representatives have agreed to the report of the committee of conference on a joint resolution relating to the manner of paying the members of the Provisional Congress the arrearages of their pay and mileage.

The President pro tempore laid before the Senate a communication


from the Secretary of Ihe Treasury i n relation to certain depositories
of funds.
OwZwed, That it he referred to the Committee on Finance.
Mr. Brown submitted the following resolution; which was considered
and agreed to:
IZaoZved, That the Secretary be requested, if in his judgment it be not inconsistent with the piiblirx interest, to lay before the Senate copies 01 tlie officiai reports of
u J-VOL 2-04-8

JOURNAL OF THE

[ A m 1,1862.

colonel Feathemton, commanding the Seventeenth; Colonel Barkdale, commanding


the Thirteenth; Colonel Griffin, comnlaIlding the Eiphteenfi1.RlississippiRegiments.
and those of Colonel Ilunton, corninandingthe gig:l!ll Virglnla; and Golonel Jenifer
commanding cavalry in the battle of Leesburg, Tirglnla, OctokJert\! erlty-fixst, eight&
hundred and sixty-one.

On motion by Mr. Wigfall,


Or&&, That the Hon. George Davis have leave of absence from
the sessions of the Senate.
Mr. Phelan, from the committee, reported that they had examined
and found truly enrolled the following bills:
H. R.-. A bill to authorize the President to increase his personal
staff;
H. R. -. A bill to enable the States assuming the payment of their
quotas of the war tax to pay the same into the Treasury; and
S. 3. A hill t o provide for t h e organization of the Arkansas and
Red River Superintendency of Indian Affairs, to regulate trade and
intercourse with the Indians therein, and to preserve peace on the
frontiers.
The President pro tempore hnving signed the enrolled bills last
reported to have been examined, they were delivered to the Secretary,
and by him forthwith presented to the President for his approbation.
On motion by Mr. Davis,
The Senate adjourned until to-morrow morning a t 1 2 oclock.
SECRET SESSION.

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


A bill (S. 32) to raise an army for the Confederate States of America,
and to make rules for the government and regulation thereof;
which was read the first and second times.
O r d m d , That it be placed upon the Calendar and printed.
The Senate resumed, as in Committee of the Whole, the conSIderation of the bill (H. R. -) to provide further means f o r the support of
tho Government.
On the question to agree to the following reported amendment, viz:
Zn the ninth line of section one, after the word dollars, strike
out the words to be apportioned in their respective amounts RS the
Secretary of the Treasury may deem most advantageous to the public
interest and insert i n lieu thereof the words of which f?fty millions
shall be in Treasury notes to be issued without reserve; ten millions
in Treasury notes to be used as a reserve fund, and to be issued to pay
any sudden or unexpected call for deposits; and one hundred and fiftyfive millions certificates of stock or bonds,
It was determined in the attirmative, yeas - - - - - - - - - - - - - - - - - - I*
Nays _ _ _ _ _ _ - _ _ _ _ _ _ - - . - 8
On motion by Mr. -Johnson,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
IVkws. Barnwell, Baker, Brown, Burnett, Clay, Davis, Hunter,
Maxwell, Orr, Oldham, Peyton, Preston, Semmes, and Yancey.
Those Xrho voted in the negAtive are,
i k k ~ s Clark,
.
Haynes, Henry, Johnson, Mitchel, Phelan, Sparrow,
and Simms.
On the question to agree to the following reported amendment:
In the sixteenth line of the first sectiQp, after the word (sxchange,
insert tho words or Treasury notes,

Apr. 1, 1802.j

SENATE.

115

On motion by Mr. Jolixison, to amend the amendment by adding


thereto:
PTovided also, That the bonds used in tlre purchase of Treasury notes shall riot be
sold a t a less ratc than five per cent,

It wits deterniincd in the negatire,


On motion by Mr. cJolrnson,

- - -- -- -- -- -- -- -- -- --

- - - - .- - - - - - - - - -. - - - 19

The yeas and nays being desired by one-fifth of the Scntttors present,
Mr. Johnson voted in the nffirniatire.
Those who voted i n the negative are,
Messrs. Bxrnwell, Baker, Brown, Burnett, Cli~y, Clark, Davis,
Hayncs, Henry, Hunter, Maxwell, Mitchel, Oldham, Phelan, Peyton,
Preston, Sparrow, Semines, and Yancey.
The question recurring 011 agreeing to the :metidtiien t proposed by
Mr. B:~rnwell,or1 behalf of the Coiiimittcc on Finance,
It WRS determined in thc a f i n n n t i r i ~ ,
On the question to agrcct to the following rcported amendlimit, viz :
Section 2, line 5, after the word bdoll:irh, insert which iifty
millions sh:d constitute part of the one hundred :ind fifty-five millions
of stock and bonds abore authorized,
It was determined in the affirmative,
No further amcndnicnt being I W A ~ C , t h e bill was repoltcd to the
Sctiate aiid the amendinerits were conctirrcd in,
Ordered, That the aincndnicnts be engrossed and the bill rcad a
third time,
The said bill as srnendcd wn.; read thc, third time.
Be.dved, ThrLt it pass, with aniondincnts.
Chder&, That the Secretary icqncst the concurrence of the House
of Representatives in the amendments.
Mr. B:trnwelI, from tho Comriiittec on Finance, rcported
A bill (S.33) to :wthorize the exdrunge of bonds for articles in kind,
and the shipnicnt, mlc, or hypothecat,ion of such articles;
which was i w d thc firht : ~ n dsccontl tiincs; uricl
d , That it, he p1:tccd upon the CtLlt:nd:tr wid printed.
On inotion hy MI.. Syiri-ow,
O~cltrcd,Lh:~t tlic Comniitttv on Military Affair:, be discharged
frorn the further considciation of thc report of the hzttlc of Roanoke
1 sland.
On motion by Mr. Dtivib,
The vote hy which the cominittcc were discharged from the consideration of the report of the k)ntt,lc of ltoanoke lsland was reconsidered.
On motion by Mi.. Wigfall,
OxZcred, That said report he recoiiirnitted to the Committee on
Military Affairs.
On motion by Mr. Barnwell,
Thc Senate resolved into execativc session.

EXE~L-UTIVES E S S I ~ ~

The fpllowing messages were received from the Ireddeht of the


Confederate Stabs, by Mr. B. N. H a r r i s o n , his Secretary:
EXECUTIVE
UEPARTBIEYT,
April 1, 1862.
To the Senate:
I nominate, for the advice and consent of the Senate, Leonce Rurtlti., to he postmaster at New Orleans, in place of John L. Riddell, agreeably to the recommendation of the Postmaster-General.
JEFPERSO-U 13AV18.

The message was read.


Ordeed, That it be referred to the Conmiittea on Post-Ofijces and
Yost-Roads.
EXECUTlVE

Dw,txrartwr, April 1, 1862.

To thp Sen&:
1 nomiliatc, for thc advicc and consent of thc Senate, R. tI..Lorton, to be collector
of the port of Richmond, Va., agreeably to the reconimendatlon of thc Sccretary of
the Treasury, in place of William H. Harrison, resigned.
J?3FFERSOX DAVIS.

The m e s a e was read.


Ordered, hat it be referred to the Committee o n Commerce.

EXECUTIVE
DEPARTMENT,
April 1, 1862.
To tile Senate:
I nominate, for the advice and consent of the Senate:
P. Clayton, to be Assistant Secretar of the Treasury;
Robert Tyler, to be Register of the greasury;
E. C. Elmore, to be Treasurer; and
Rolling Raker, to be First Auditor,
agreeably to the recommendation of the Secretary of the Treasury.
JEFFERSON DAVIS.

Ihe message was read.


Ordcrcd, That it be referred to the Committee on Finance.
EXECUTIVE
DEPARTMENT,
Richmond, iliarch 31, 1862.

To thc Senate:
I nominate James C. Dobbin, of North Carolina, as a second lieutenant in the
Corps of Infantry in the Rrm-j of the Confederate States, agreeably to the recomnieiidation of the Secretary of War.
JEFFERSON DAVIS.

The incssage was read.


On motion by Mr. Davis,
The Senate proceeded to the consideration of the nomination of
James C . Dobbin; and it was
Resolved, That the Senate advise and consent to the a p p o i n t m e n t of
*JamesC. Dobbin, to be a second lieutenant in the Cor s of Infantry
in the Army of the Confederate States, agreeably to t?I e n o m i n a t i o n .
EXECUTIVE
DEPARTMENT,
Richmond, April 1, 1862.
To the &enate:
I nominate R. A. Pryor, of Virginia, as a brigadier-general in the Provisional
Arm of the Confederate States, agreeably to the recommendation of the Secrdary:

of

dr.

JEFFERSON DAVIS.

Tho rucssa e was read.


Ordwed, $hat it be referred ta the Corntilittee on Military Affairs,

Apr. 2, 1862.1

To the Senenate:

117

SENATE.

EXECUTIVE
DEPARTMENT,
April I , IS&?.

I noluiiiatcl A. T. 13lrtlsoc, to l)c Assisrant Secwatary of War, and R. G. 1. Kean,


to lw Chief of t h e Rnre:Ln o f War, agrccahly to tlir rc~comiiientlatioiiof the 8ecrrt;try
of War.
JEFFERSON DAVIS.

The message was read.


O d e ~ e d That
,
it be referred to the Corninittee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the 29th of March) the nomination of L. A. Arniistead, re orted, with the reconiniendation that said noniination be
confirmel
The Senate proceeded to the conhideration of said report; and in
concixrrence therewith, it was
Resohed, That the Senate advise and consent to the :Ippointment of
L. A. Armistead as brigadicr-general in the Army of the Confedcr:itc
States of Aiiierica, z~greeablyto the nomination.
On motion,
The Senate resolvcd into opcii 1cgisl:Ltive session.
\Y E l ~ N l ~ Y l ) h Y
APRIL
,
2, 1862.
OPEN SESSION.

Mr. Oldham (by leave) introdnced


A bill (S. 34) to pay t h e officers arid privates in the companies of
Captain De Walt and Captain Black, First Begiinent Texas Volunteers;
which was read the first and second times and referred to thc Committee on Military Affairs.
Mr. 13arnwel1, from the Committee on Finance, reported
A bill (S. 35) to incrcasc thc nuinber of depositories of public funds;
which ~ t t read
s
the first and second tinws and considered as in Cornniittw of tliv 1\%ole; and no nrncndmcnt being mndc, the bill was
reported to tlic Scnatc..
O~dc.?wil,'I'hxt it bc engrossed and 1'c:~l:t third time.
The said I)ill wls rend tho third time.
12cSolu!cd, ri'h:it it, I J ~ S :md
~ ,
tliat t h c titlc tlicreof hc iw aforesaid.
Otdwod, That tho Sccmtttry rcqiiebt the coiicnrrence of thti House
of Iiepreseritativrs therein.
On motion by Mr. Sparrow,
The Committee on Military hif'nirs W:LS discharged from the considcration of a 11~1110rii11
of citizens of ,JiicBson Courtty, hla., in relation to a draft of the niilitin.
Mr. Sp&i*row,froin tlie Committee on Military Affairs, l o whom
was r e f e r i d tho bill (11. It. -) to provide for keeping all firearms in
the armies of the Confedcrate States in the hands of effective men,
reported it without arnrndment.
The Yenatc proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and no amendment being made,
it was reported to the Senate.
Otdemd, That it pass to a third reading.
The said bill was read the third time.
Besohed, That it pass, and that the title thereof he as aforesaid.
O i d e r d , That the Secrehry inform the House of Ltepresentatives
thereof.

JOURNAL OF THE

M r . 2,1862.

~ r Wigfall,
.
from the Committee on Military Affairs, to wlwm was
ref erred
A resolution inquiring into the expediency of elrll.loying nepo
teamsters in the Army of the Confederate States,
submitted an adverse report in relation thereto.
The Senate proceeded, as in Committee of the Tf7hole, to the consideration of the bill (S. 25) to repeal act NO. - of the Provisional
Congress of the Confederate States, and to enact a substitute therefor,
with the amendment reported thercto.
On motion by Mr. Yancey, to amend the reported amendment by
striking out the first section thereof and inserting
That all amearages of pay which may be due to any officer, private, volunteer, or
musician who may die in military service of the Confederate States, or which may bie
due to such officer, private, volunteers, or inusicians for such service, shall be paid to
the legal representatives of said persons; and all laws conflicting with t h e provisions
of this act are hereby repealed,
Yeas. _ _ _ _ - _ _ _ _ _ _ - _ _ _ _ .10
It was determined in the negative, Nays - ._
....... _
_ _ _ _ _ _ - .. 12

__

On motion by Mr. Clay,


The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Clay, Clark, Davis, Hunter, Oldham, P e jton,
Preston, Wigfall, and Yancey.
Those who voted in the ne ative are,
Messrs. Brown, Burnett, f!&ynes, Henry, Hill, Maxwell, Mitchel,
Orr, Phelan, Sparrow, Senimes, and Sirnms.
So the amendment was rejected.
On motion hy Mr. Simms, t o amend the reported amendment hy
striking out of section 1, line 6, tho words 4. To the father in his
own right. ti. To the mother i n her own right, and inserting in lieu
thereof the words 4. To the mother in her own right. 5. To the
father in his own right,
It was determined in the affirmative.
On motion by MY.Burnctt, to amend the reported amendment by
striking out all after the first section and inserting in lieu thereof the
following :
SEC.2. Be it further enacted, That all such pay and allowances due a n y deceased
officer of a conipany, noncorninissioncd officer, volunteer, prirate, or inusician, a8
are embraced in the first section of this bill, shall he paid to the pal-ties entitled
tliereto, under such rules and rrgulations as the Scc-retary 01 War may prescribe.
SNC.3. Re i t furlher enacted, That all laws heretofore passed inconsisteilt with this
act he, ant1 they nre hereby, repealed.

It w:ts decided in the affirmative.


No further amendment being made, the bill was reported t o the Senate and the ainendments were concurred in.
On the question,
shall this bill be engrossed and read a third time3
On motion by Mr. Yancey, that it lie Lipon t h e table,
It was decided in the negative, YmS- - - - - - - - - - - - - - - - - - - - - - - - 10
Nays _ _
_ _ _ _ _ _ _ _ _ _ _ _... 13
On motion by Mr. Yancey,
The Yeas and I l a p being desired by one-fifth of the Senators present
Those W ~ voted
O
in the afErmative are,
bfwm-Barnwell, Clay, Clark, Davis, Hunter, Oldham, Peyton,
Preston, Wigfall, and Yancey.

____ __

Apr. 2, 1862.1

SENATE.

119

Those who voted i n the negatIVO are,


Mcssrs. Raker, I3rowri, Rnrnctt, tI:Lyncs, Henry, Rill, Maxwell,
Mitchel, Orr, P t i ~ l ~Sparrow,
~n,
Scnimes, and Sirnnis.
So i t was
O~dm?d,That the bill hc cngrosscd and read a third time.
The said bill was read thc third tiiiie and the title was amended.
Resohed, That it pass, and th:k the title thereof he A bill relative
to the pay and allowances of deceased soldiers.
O t d w e d , That the Secretary request the concurrence of the House
of Representatives therein.
On motion by Nlr. 13arnwcl1,
The Senate resolved into cxccutivr session.
The doors being opened,
The following ixicssage was received from the I-Iouse of Itepresentn tives, by Mr. McDonald:
ilk. P m z d e n t : The Speaker of the IToii>e of Representativrs having bigneil sundry
enrolled bills and an enrolled joiiit reuolntion, I a i r 1 tlirectcd to bring theni to the
Senate for the signatore of their 13witlrnt.
The House of Reprevntatives ha\ c piwseil the bill from the Senate (8. 16) relative to t h e estiinates of the wrcral licatls of Departriients.

Mr. Yhclan, from the conmiittee, reported that they had examined
and found truly enrolled the following bills and joint resolution:
H. E. -. A bill to miend an act approved May 10, 1861, entitled
An act to provide for the public defense, approved March 6, 1861;
F1. R. -. A hill to fix the conipensntion of the Yresident of the
confederate States; and
H. K.-. Joint rebolution relating to the manner of paying mcmbcrs
of the Provisional Congress the arrearages of their pay and mileage.
The President pro tempore having signed the foregoing bills and
resolution reported to have been cxaniined, they were delivered to
tho Secretary, and by him forthwith presented to the President of
the Confederate States for his :Lpprohation.
On motion by Mr. Barnwcll,
The Senate adjourned until to-nlorrow morning a t 12 oclock.
SECRI,I S~>SSION.

A message from the Housc of ltcpresentntivcs, by Mr. McDonald:


Mr. Prrsideni: The Speaker of the 1Ionsc~of Rcyresentatives havingsigned an enrolled
bill, I aiii directed to bring it to the Sen& for the signature of their President.

Mr. ihelan, from the comnrittec, reportcd that they had examined
and found truly enrolled the bill (H. B. -) iiiaking appropriations for
the support of the Government from April 1 to the 30th of November,
1862, and for objects hrreinafter expressed.
The President pro tcnipore having signed the bill last reported to
have been examined, it was delivered to the Secretary, and by him presented to the Pyosident for his approbation.
M r. Sparrow submitted t h e following resolution; which was considered and agreed to:
Resolved, That in the opinion of the Senate, it is necessary that t h e most active and
energrtic means should be adopted withont delay to procure in the shortest time possible from abroad a t least four hundred thousand stands uf small arms and two thousand tons of gunpowder.
&sohwt jurflier, That t h e Secretary oC War be requested to iiiforin the Senate
whetlicr in his opinioii nriy further legislation is necesmry to enable thc Government

JOURNAL OF !CHI?

b P r . 2, 1862.

employ more active and efficient measures for procuring from abroad arms and
munitions of war.

The Senate resumed, as in Committee of the Whole. the consider.


ation of the bill (s.27) to prohibit any cotton, tohC(O, nditary and
naval sfores being furnished to the enemy, and to provide penalties
for the violation thereof.
On motion by Mr. Hill, to amend the bill by inserting, section 1,
line 2, after the word lawful, the words during the existing war,
It was determined in the affirmative.
On motion by Mr. Barnwell,
The Senate resolved into open legislative session.
EXECUTITE SESSION.

Mr. Barnwell, from the Comrniltee on Finance, to whom mere


referred the nominations of P. Clayton, to be Assistant Secretary of
the Treasury; gobert Tyler, to be Register of the Treasury; E. C.
Elmore, to be Treasurer; and Bolling Baker, to be First Auditor,
reported, with the recommendation that all of said nominations be
confirmed.
The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was
Resolved, That the Senate advise and consent to the appointment of
P. Clayton, Robert Tyler, E. C. Elrnore, and Bolling Baker, agreeably
to their respective nominations.
Mr. Sparrow, from the Committee on Military Affairs, t o whom
were referred the nominations of A. T. Bledsoe, to be Assistant Secretary of War, and R. G. H. Kean, to be Chief of the Bureau of War,
reported, with thc recommendation that both of said nominations be
confirmed.
The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was
Resolved, That the Senate advise and consent to the appointment of
A. T. Rledsor, and It. Q. 11. Kean, agreeably to their respective
nominations.
Mr. Sparrow, from the Committee on Military Affairs, t o whom
were referi+ccItlie nominations of Van H. Manning, 11. W. Jones,
I. B. Starlre, li. J. Morgan, Marcellns Douglass, E. A. ONeal, and
1. (3, W. Steedman, to be colonels; William H. ebbs, Z. York, S. W.
Ferguson, John N. Dunn, William D. Chrtdick, ,James M. Smith,
Henray Fitzhtigh, and Saniuel Ogden, to be lieutenant - colonels;
John 1. Baker, William Gipson, E. Warfield, Benjamin F, Bradley,
J. 51. Capers, Dayid Zable, Edward P. Jones, W. A. Camp, R. C.
Tnylor, and It. L. Walker, to be majors; Thomas P. B. Ryan and
Robert Bruce, to be second lieutenants; George W. Grice, J. M.
Thomson, Clement Young, Alexander W. Vick, G. V. Young, L. F.
*Johnston, and Joseph H. Pendleton, to be brigade quartermasters,
with the rank of major; J. G. Dent, L. S. McGwier, Robert 13. Smith,
I-Icnry E. Cate, Belton Mickle, A. Smith Jordan, J. J. Waggoner,
13. I. Epping, C. 1%Rilliams, Horace L. Robards, Rufus P. McClain,
M. 14. Stephens, J. E. Roberts, D. H. Thomas, Henry H. McCune,
Charles A. Watkins, Joshua Dear, and J . G. Michaeloffsky, to be assistant quartermasters, with the rank of captain; Clinton McClarty,
Robert Tannahill, Ferdinand Molloy, M. M. Copeland, William B.

Apr. 3, 1862.1

BENAT$:.

121.

Stanard, ITr. TV. Guy, and H. El. Chalmers, to be brigade commissaries,


with t h e rank of nmjor; J. D. J57ithcrspoon, MTillimi H. \J7hitehettd,
H. A. IIoward, Ihaitic S , 13arnctt, Siriiori Myers, Edwwd hlilcs, ;Tohii P.
Cnnipbell, 1):wid Urquli:irt, l. ]Ir. rlansill, Smiucl Donald, CY. T.
Pntin, Thonias E:. Gregg, F. 0. 11. IVhite, V, H. Clsiborne, William
M. Priest, Lynch Turner, Andrew S. Justice, tT. Henry Graybill,
John W. Fraley, and Henry 1. I h l l , to he assistant commissaries,
with the rank of captain; Archibald Gould, NT.E. Canieron, Antoine
de Chnignon, William M. Dodson, G. W. E o g e ~ Julius
,
f. Faison,
J . C. Brown, and WT. C. Dimlap, to be chaplains; E1i:ts E. Whitner,
Thomas W. Cnmming, D. C. A. Moses, E. 1. Dandridge, John L.
Hopkins, C. 13. Porter, Grirrike Rhett, J. P. Dillingham, John S.
Mosby, David Lewis, Charles FV. Ynllins, ,John &
Yoteat,
I. Miles M.
Cowles, John ,J. Fitepatrick, :uid doseph J. Gupton, to bc adjutants,
with the rank of fir& licuteiiaiit; 1. 7V. Walter, Chnrlcs E. Marshall,
John M. Stansifer, W. JI. Scllen, CYh:wIcs Wood, E. 13. Fortlock, jr.,
a n d William B. Ycndleton, to IN assiitant adjiit:Liits-gcner:Ll, with the
rank of captain; A. Claston Sorrcl, ;7. I. MiddIeton, .ir., Louis G.
Young, John 31. Smith, Charlcs Marshall, and ,J. Lylc Clarltc, to be
aids-de-camp, with thc raiili of first licutonant; Waltcr G. Tnrpin, to
bo first liccitenant of mgiiieerb, rcportcd, with tho, recommendation
that all of said nominations he confirnied.
The Senate proceeded to the considerskion of the said report; and
in concurrence therewith, it wns
~ ~ s s o ~ z That
~ P ~ the
, Sen:ite advise and consent to tlicir appointment,
agreeably to their rcspectirc, noniiiist1011s.
itr. Hnynes, from tlic Coinrnittce on lo.;t-O%ces and Post-lltoads,
to whom w a y refcrrcd tlio noniiiwtioii of Leonce Burthd, to be postmaster a t New Orlems, in pIwc of John L, Xidclcll, rcported, with
the i.c.c.otiimcnd:ttioIi that mid nomination be confirmcd.
Whcrckupon, it ~ L S
B~solm~i,
That the Sontite d v i s o and consmt to t h appointment
of J I ~ o ~ i cIhxtli4,
e
to bc 1)ostin:ihtc.r. itt Ncw O ~ - l c : ~ i i:~grwaloly
r,
to the
i i o m itintion.
0 1 1 iuotion b y Mr. 1Iil1,
ion.
llie Seii:itcl iwolvcvl i i i t o w

011.N

sI~:sHloN.

Mr. Brown (hy leavr) introcluc~~d


A bill (S. 36) to SPCUI*C greater cfticicncy in the clericttl force of the
I arioub I:sccuti\ c 1)cptlrtnicnts;
mhicti W:LS read tlie first and second times and referred to tho Committee on the Judiciary.
it mcsbagc from the House of Bepresentativcs, by Mr. Lamar:
Mr. Iws~knl: The Howe of Reprcsentatives have passed t h e following bills:
H. K. -. X bill to legaliw tlic acts of the district attornfly, marshal, and dtputy
iiiarsliais of Tennesqee;
13. R. -. A bill to authorize the employment of clerks at t h offices
~
of tlie Treasurer aiid assistant treasurers;
11. R. --. A bill to iernit the duty oii iailroad irori snllkieut to c*oruplete the
* Idbaiiia and Mississippi Rivers Railroad;

122

JOURNAL OF THE

On motion by Mr. Hill,


The Committee on the Judiciary was discharged from the further
consideration of the bill (S. 30) to create the castern judiciril district
of Florida, and to provide for the appointment of judges and officers
thereof.
Ordered, That it lie upon t>hetable.
On motion by Mr. Wigfall, that the vote on the pwsing of the bill
(S.25) relative to the pay and allowances of deceased soldiers be
reconsidered,
It was determined in the negatire.
On motion by Mr. Barnwell,
The Senate resolved into secret legislative scssion.
The doors being. opened,
The following bills were read the first and second times and rcferred
to a propriate committees:
$B. -. A bill to authorize the Secretary of War to receive into the
service of the Confederate States a regiment of volunteers for the protection of the frontier of Texas.
O?yZered, That it be referred to the Committee on Military Affairs.
H. R. -. A bill to admit imports duty free, except such as may be
imported from the United States of America.
Orc&red, That it be referred to the Committee on Finance.
H. R. -. A bill to authorize the employment of clerks a t the offices
of the Treasurer and assistant treasurers.
Orclenxi, That it be referred to the Committee on Finance.
The Senate proceeded to the consideration of the bill (H. R. -) to
legalize the acts of the district attorney, marshal, and deputy marshals
of Tennessee; which was read the first and second times and considered
as in Committee of the Whole; and no amendment being made, the bill
was reported to the Senate.
O?&elzd, That it pass to a third reading.
The said bill was read the third time.
Rosolvcd, That it pass, and that the title thereof be as aforesaid.
O d ~ r e d ,That the Secretary inforin the House of Bepresentatires
thereof.
The Senato proceeded to the consideration of the bill (H. It. -) to
remit tbe duty on railroad iron sufficient to complete the Alabama and
Mississippi Mivers Itailroad; which was read the first and second times
and considered as in Coilinlittee of the Whole; and no amendment
being made, the bill mas reported to the Senate.
Om?eved, That it pass to a third reading.
The said bill was rend the third time.
RHohed, That it pas?:,and that the title thereof bc as aforesaid.
O?*dered, That the Secretary inform the House of Represcntntives
thereof.
On motion by Mr. Rurnett,
Ordered, That a committee, to consist of three members, be appointed
Upon the pay and mileage of mcmbers of the Scnate, and that the President pro tenipore appoint said committee; and

Apr. 3, 1862.1

SENATE.

123

Mr. Burnett, Mr. Orr. and Mr. Henry were appointed.


On motion hy Mr. Preston, that when tho Senate adjotirns it be to
meet in the chamber of the Virginia sciiate, agreeably t o the invitation o f that body.
Odeved, That it lie upon the talslti.
On motion by Mr. Ynnccy,
The Senate sdjourncd until to-niorrom niorning at 12 oclocli.
SECRET Sl>SBION.

A message from the Houhe of Beprcsentatives, by Mr. Lamar:


dlr. President: The House of Representdives have concurred in t h e amendments

of the Seriate to the bill of the House (1-1. R. -) to provide further means for the
support of the Gorernment, with aniendinents; in whicli anicndnients 1 ani directed
to ask the concurrence of the Senate.

The Senatc proceeded to the considrrntion of the :tinenclineiits of the


Hoiise of Representafhw to tlic ;inicndnic~ntsof thc ScnrLtc to the bill
(11. Ji.-) last rncntioned; and
On inotion by A h . 1Snrnwc~l1,
Bmolvcd, That they concur thcrein.
Ordered, That the Secretary inform the IIouse of Kepresriit atIVCS
thereof.
On motion by Mr. Sparrow (notice having bemi given according to
the forty-eighth rule), to anichd Rule 46 by adding thereto the words
unless otherwise ordered by a majority of t h e Senate,
It was determined i n the aflirinative.
So the rule n s miended wtu agreed to R< follows:
XLV1. During the existcnre of war, all propositiom affecting our foreign relations,
or relating to the pubhc dc>fenw,sl~nll be sub~nittrtland acted on in secret session
i1111w$otherwise ordered by a majority of thc Senate.

On motion by Xr. Johnson,


The Coiiunittce on Indian Affairs were discharged from the further
consideration of tho report 01 thc, Acting Cornmissioner. of Indian
Atfairs.
On motion by Nr. ISarnn-ell,
The Comrnittce on Financv w ~ r dischargc!d
e
from the consideration
of thc following subjects:
A resolution rclativc to conipcnsation for cotton mid tobacco h u r n t
or otherwise dcstroyscl whcn liable to fall into the han& of the enemy;
and

A resolution inquiring into the clxprdirncy of thc Government takssion of cotton and to\acco sul)scrihcd to thc product: loan
and p y i n g thcixfor in Coiifcdci.atc bonds.
O ~ P N YThat
~ , it lie on the taihle.
A resolution inquiriiig iiito the expediency of providing by law for
obtaining, by may of loan, siich quantity of cotton now on hand in the
Confederate Statw a s the Secretary of the Treasury niny he able to
procure; and
A resolution in relation to the compensation and mileage of the
mtmbew of the Senate ant1 House of Repremitatives.
The Senate proceeded, as in Cornniittec of the Whole, to the consideration of t h e bill (S. 333) to authorize t h e exchange of bonds for articles in kind, and the shipinent, sale, or hypothecation of such articles.

JOURSAL Op THE

4.186a.

until to-morrow.
On motion by Mr. Yancey,
The Senate resolved into open legislative session.
FRIDAY, APRIL4, 1862.
OPEN SESSION.

On motion by Mr. Barnwell,


&&red, That the Committee on Finance be discharged from the
further consideration of the communication of J anies 1L Arnold in
relation to duty on railroad iron claimed by the Eastern Texas Bailroad Company, and that it be referred to the Coniiiiittee on the
Judiciary.
Mr. Sparrow, from the Committee on Militarj ALfltiis, to whom
was referred the bill (H. R. -) to authorize the Secretary of War to
receive into the service of the Confederate States a regiment of volunteers for the protection of the frontier of Texas, reported it, with the
recommendation that it ought not to pass.
Mr. Sparrow, from the Conimittec on Military Affairs, to whom
was referred the bill (H. K.-) to encourage the manufacture of saltpeter and of small arms, reported it with an amendment.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (S. 29) to amend thc seversll acts in relation to the
pay of chaplains in the Army, together with the niriendments proposed
thereto by Mr. Baker, reported it, with the recomnienclation that the
amcndments be not agreed to, and that the bill pass.
MI*.Semmes, froin thc Committce on the Judiciary, to whom was
referred the bill (S. 14) to repeal sections 45 and 46 of an act of the
Provisional Congress entitled An act to establish the judicial courts
of the Confederate States of America, approved March 16, 1861,
reported it without amendment.
On motion by Mr. Clay,
The Senatc resolved into secret legislative session.
The doors being opened,
Mr. Barn~vvell, from the Committee on Finance, to whom was
mfcrrcd the bill (H. R. -) to admit imports duty free, except such as
n i a y be imported from the United Sbtes of America, reported, with
the recomniendation that it do not pass.
On motion by Mr. Semmes,
The Senate adjourned until to-morrow morning at 12 oclock.
SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the consideratim of the bill (S. 33) to authorize the exchange of bonds f o r articles
in kind, and the shipment, sale, or hypothecation of such articles.
On motion by Mr. Yancey, to amend the bill by inserting, section 3,
line 3,after the word loan, the words o r which may be subscribed
in kind,
It mas determined in the affirmative.

Apt. 4, 186L.j

SENATE.

125

On motion by Mr. Yanccy, to amend the bill by inserting, section 3,


line 4, after the word (hverniiient, the words ]ym)dpd, That in
no event sliall he receive, of cotton 01 tobacco, i~ greater value than
thirty-fivc inillions of doll~rs,
A motion ~ v a smade 1 1 ~ 7Air. Harnwcll to anicnd the ainendment
striking out the w o ~ d(thii-ty-fivc. and imerting in lieu thereof t h e
word twenty-five; and
It was detcrrriined in the ncgative.
A motion was then madc by Mu. Sparrow to miend the amendnient
by striking ont thc -\\ord thirty-fij-c :ml i~isortingi n lieu thereof
the word fifty; and
11was decided in the ricptivc.
The question then recurring 011 :tgrccing to the aincndincnt proposcd
by Mr. Yancey,
It waq dctcrmincd in thc :~flirniativc.
On motion by Mr. Serriniw,
mend the hill by striking out, seotion 3 , liiic 4, tho words b P / v
I, llmt such cxchangc shall bc confined to products which iii:~yt
irally L L by ~the Governnient,
It was cleterrninod in the nfiiniativc.
On motion by Nr. Scmmcs, to xiiicnd tile third section by inserting,
1.inc 1, after thc word accept, tlicwords for the use of thc Government,
i t was determined in the :tfirniati\ c.
0 1 1 motion by MI-.Yhelan, to aaimd thc hill 1)ystriking out tho third
section and inserting:
fii.:c. 3. 1;e 11 firrlltei
exchange for tlie boil(

try i R anthorizcd to accept in


t t e x , cof ton, trhacro, or o t l w
r i l d to tlic prodwe loan; arid
obtxiiicd i n exchange for mid

- . - - -cleteriiiincd i n t,he ncptivc, .!( Yeas


It
Nays _ _ _ _ _ _ _ _
__
__
_
1.5. _
On niotion by Mr. Phelan,
The ycns and iiays bcing desired by oue-fifth of the Senators present,
Thosc who voted in the affirmative are,
Messrs. I-faynes, Henry, Johnson, Mitchel, and Phclan.
Those who voted in t h e iiegatire are,
Messrs. Bernwell, Baker, Rurnett, Clark, Davis, Dortch, Hill,
Hunter, Maxwell, Orr, Pcyton, Preston, S p a r r o ~ ,Semmes, and
Ymcey.
So the aiiiendinent was rcjected.
No furthcr anicndmcnt being made, the hill was reported to the
Senate arid thc amendmcnts wcre concurred in,

J O ~ Z N A LOF EEfY2

Lbr. 4,i m .

at it be engross$l and read a third time.


was read the third time.
and that the title thereof be IN aforesaid.
e b r y request the concurrence of h e House
my for the Confederate
overninetit and regula-

EXECUTIVE SESSION.

The followirlg messages were received from the President of the


Gnfederattr, States of America, by Mr. B. 3. Harrison, his Secretary:
EXECTTIVE
DEPARTMEXT,
April 4,1862.
To the Senate:
I nominatc, for the advice and consent of the Senate, George S. Hawkins, to be
jud e of the &strict court of the Confederate States for the State of Florida, agreeably
ta t%e reconimendation of the Attorney-General.
JEFFERSON DAVIS.

The message was read.


O~dsrsd,That it be referred to the Committee on the Judiciary.
EXECUTI1.E h P A R T M E X T , ilprd 4,1869.
To the Senate:

I nominate the person nanietl in the annexed letter of tho Secretary of the S a v y ,
agreeably to his recommendation.
J E F F E R S O N DAVIS.
CONFEDEBATN 8rX1.98 OF AkME1ilCA,N A V Y h P A R T \ I RYP,

Richmond, A p i l d , I%(%?.
tho h E h l l ) I $ h T .
Sift: I hsvv tlir lionor to rerornrriend the following nomination for appointment in
the Savy of the Confederate States:

TO

Assistant sio.grwn for

the war.

w.w.Crrevea, of Alal,a1na.
With

midi

rcqiwt, yoiir ot)etlirrl

8. R. MALLORY,
Secretary of the ivacy.

Thc ~~cxsiage
wits ycnd.
O r d m d , Thst it bo referred to the Comnlittec on Naval nffairs.

~ X E C U T I V F ;I)ElARTIENT, f&p& 4, 1662.


To ilir h h r t e .
1 nonh:Lb the perrion uanred in the annexed letter of the Secretary of the Navy,
agreeably to his rcconirnendation.
J E F F E R S O N DAVIS.
Co~~~~XXCIiAl1~
STATES OF ANERICA,
Navy DEPART~~EN-~,
Richmond, Apral 4, 166%.
The P~irsmio~~r.
b:I fiuve the honor to rccainrncnd the following nominatioq for appointment is
the Navy:
ASh.&ctn,t puymmter for the war.

Stobert W. Brown, of North Carolina.


With m u d l respect, your obqaient seryant,

8. R. MALLORY,

Secreturg of the Navy.

Apr. 5, 1862.1

SENATE.

121

The message was mad.


Ordcred, That it be referred to the Cornrriittee on Naval Affairs.
On motion of Mr. Hill,
The Senate resolved into open legislative session.

SLYTURDBY, AVILII, 5, 1S62.


O P E S SESSION.

The President pro teinpore laid before the Senate various devices
for a flag for the Confederate States, designedby 31. Eannie Whitfield,
of North Carolina; which were referred to the Committee on Flag and
Seal.
Mr. Clay presented the memorial of citizens of Wilcox County,
Ala., praying that 110 coritiacts be made requiring inail c*arricrsto
carry the inail or postmasters to keep open post-ofiiccs on the Sabbath; which was referred to thc Conimit,tcc on Post-Oflieas and PostRoads.
M r . Clay (by leave) presented
A hill (8. 37) t o discourage drunkcnnc
which was read the first and second times and rcferred to the Committec on Military Affairs.
On motion by Mi-. Sparrow,
The Senate resolved into secret legislative sebsion.
The doors being opened,
The following message was received froni the lIouse of Reprcsentatives, by Mr. McDonald:
MT.P r w d t n f . The Speaker of the IIouse of Representatirev liaving signed sundry
enrolled bills, I am directed to bring thein to thc Senate for the signature of their
President.

The President pro tc.mpore laid bcforo the Senate a cornmunication


from the Secretary of War i n response to a resolution of the Senate
inquiring mhcthrr any of the surgcons and assistant srirgeons now in
thc Confederate scrvice give any portion of their time to their private
practice; which \>as read, and
On motion by R r r . Spf~rro\?r,
Orck.ru.Z, Tlint it lie upon the t:hlc.
A messago from thc Ilouse of IZqmwutd i w 5 ) by Mr. MrDonald:
J/r. Irmdent: The Ilouse of Bepresentatiw~liarr passed :t bill (11. It -) to regtilate the compensation of deputy postmaster&
They have adopted n joint resolution teiidcrliig t h e t h m k s of Congress to Gen.
Thoinas J. Jackson, his officers and men, for gallant and ineritorious services in t h e
battle of Iiernstown.
They hare also paised a bill from the 8matc (S. 17) to encourage rnlistments in
the Corps of Marines, with an aiiicndmmt;
In which hill, resolution, and aniendmcnt I am directed to ask the coiictirrence of
the Senate.

Mr. Phelan, from the committee, reported that they had examined
and found duly enrolled the following hills:
11. R. --. A bill to provide for keeping all firearms in the armies of
the Confederate States in the hands of eflitient men;
H. R. -_ A hill to legalize the acts of the district, attorney, marshal,
and deputy marshals of Tennessee; and
H. R. --. A bill to remit the duly on railroad iron sufEiuient to comgletc the Alabama nnd Mississippi Rivers Railroad.

JoURHAL OF THE

[ b r . 5,1862.

oceeded to consider the amendment of the House of


to the bill (S. 17) to encourage enlistments in the Corps

t they concur therein.


red, That the Secretary inform the House of liepreventatives
The bill (H. R. -) to regulate the compensation of deputy postasters was read the first and second times and referred to the Cornmittee on Post-Offices and Post-Roads.
The Senate proceeded to the consideration of the joint resolution
(H. R. -) tendering the thanks of Congress to Gen. Thomas J.
Jackson, his OfEcers and men, for gallant and meritorious services in
the battle of Xernstown; which was read the first and second times
and considered as in Committee of the Whole; and no amendment
being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said resolution was read the third time.
Resohued unanirnm&, That it pass, and that the title thereof be as
aforesaid.
Ordeed, That the Secretary inform the House of Representatives
thereof.
On motion by Mr. Barnwell,
The Senate proceeded to the consideration of the resolution of the
House of Representatives fixing Monday, the 7th of April, for the
adjournment of Congress.
On motion by Mr. Hill, to aniend the resolution by striking out the
word seventh,
It was determined in the affirmative.
On motion by Mr. Barnwell, to fill the blank with fourteant,h,
On motion by Mr. Rurnett,
O d e m d , That the further consideration of the resolution be poatponed to Thursday, the 10th instant.
Mu. Brown submitted the following resolution for consideration:
Resolved, That the Committee on Military Affairs be instructed to inquiie 11hether
the price of provisions in the city of Itichntond has been fixed by order of any military rommander; and if so, why the ordcr has not been extended to hotel keepers
and those who keep boarding houses in said city of Richmond.

On motion by Mr. Sparrow,


Ordered, That it lie on the table.
On motion by Rilr. Semmes,
Ordered, That when the Senate adjourns it be to meet in the chamber of the senate of Virginia, agreeably to the invitation of that body.
On motion by Mr. Semmes,
The Senate adjourned until Monday morning at 12 oclock.
SECRET SESSION.

further consideration of the bill


derate States of America, and .to
gulstion thereof, be in ope11 legis-

Apr. 5, 1862.1

SENATE.

129

Mr. Yanccy submitted the follorving rcsolutiorl; which was considered and agreed to:
Resolved, That a corninittee of t h e e b e appointed b y the Iresident of the Senate to
meet such committee ay may lie appointed on the part of tlw Ionse for the purpose
of framing a joint rule indicating mlitlt qnestions shall be discuqscd in both hodies in
secret wqsinn.

The President appointed MY. Ynncey, Mr. Orr, and Mr. h v i s as


the coinrnittec on the part of the Scnntc.
The Senate resumed, as in Coniniittcc? of thc Whole, the consideration of the hill (S. 32) to raise an army for the Confcderste States of
America, and to iiiakc rules f o r the gorcrnnieut and rsgnlation thcrcof.
On motion by Mr. Oldhani, to amend the bill by striking out all in the
first section after the words &hallhe, in the fourth line, and inserting i n lieu thereof the words liahlc 2nd sul),ject, to military sxvice
for the war, under the rules hereinafter prescribed,
Aftcr dclmtc,
On motion by Mr. Spwro~v,
Thc Senate resolved iiito excwti\-c session.
EXKCGTIVE SESSION.

Mr. Clay, from tho Coiiimittcc o n Conimcrcc, to whom was rcferred


the nomination of It. 11. Lorton, to bc cdlector of the port of Richmond, reported, with the recommendation that the nomination he
confirmed.
Thc Scnate proceeded to t h e consideration of said q m r t ; and in
concurrcncc tbercwith,
Eesohed, That the Senate :~dvise:~ndconsent to the appointmcnt of
lt. H. Lorton, to be collector of the port of Richmond, agreeably to
thr nomination.
MY. Brown, from the Conimittee on Naval Affairs, to whom was
refcrrcd the nomination of Robert W. I3romn, of North Carolina, to
he as.iihtant payiiiastcr f o r the war, reported, with thc recomniendation that the noniination hc confirmed.
The Scnntc proc
d to th c consideration of sitid report; and in
concurrencc thoix>\
B e d v e d , TIiat the Senate aclvisc and (*oilscut to thc appointmcnt
of Robcrt I\.lhown, to be assistarit paymaster for the war, agrccthly
to the noinin.nt ion.
*
Mr. Brown, from the Conimittee on Naval Affair\, to who111 was
rcfcrrecl thc nomination of TV. ITr.Graves, of Alabama, to I)c
burgeon Tor the war, reported, with the reconimend:ttiori t h a t said
noniin:ttion be confirmed.
lhc S r m t o procccded to Iho consideration of said reporl; and in
concurrence thcrewith,
B P S O ZThat
?~~
the
~~
Senate
,
tdvise arid consent to the aypointmcnt of
I$.
Graves, t o I)c assistant surgeon f o r the war, agree:ttly to thc
nomination.
The following niessage was iwxived from the President o f the Confedcrate States, by Mr. 13. N. Harrison, his Secretary:

n,

BY BCIiTIYll DEPARTMRKT,
flp)Tll 6 , 1862.
To the Sencite:
I nominate the officerson the accompanying list to the rank affixed to their names,
respectively, agreeably to t h e recoiiiiriendation of the Secretal y of War.
JEFFERSON DAVIS.
c J-VOL 2-04-9

JOURNAL OF THE

CONFEDERATE STATES

OF

[ A w . 6, 1862,

AYERICA,
J%'AIt DEPA KTXIENT,
Richmond, A p d 5, 1862.

TR: I have the honor to recommend the following nominations for appoint~lle~t
in the Provisional Army of the Confederate States of America, to take rank from
date of confirmation:

Brigadzer-general.
Joseph Finegan, Florida

Arlilley-Jfa~or, under act of Provisional Congress (A?. <?59).


J. P. Flewellen, Texas.
I am, sir, respectfully, your obedient servant,

6EO. W. RANDOLPH,
Secretary of War.

To His Excellency JEFFERSON


DAVIS,
President, etc.

The message was read.


On motion by Mr. Maxwell,
The Senate proceeded to consider the nomination of Joseph Finegan, to be brigadier-general in the Provisional Army of t h e Confederate States of America; and i t was
Resolwed, That the Senate advise and consent to the appointment of
Joseph Finegan, t o be brigadier-general in the Provisional Army
of the Confederate States of America, agreeably to the nomination.
On iiiotion hy Mr. Sparrow,
Owimed, That the nomination of J . P. Flewellen be referred to the
Committee on Military Affairs.
The following message W R S received from the President of the (:onfederate States, by Mr. B. 114. Harrison, his Secretary:
EXECUTIVE
DWARTIIIEST,
April 5, I%%.
7b thr Smate ;
I nominate the officers o n the accompanying list to the rank affixed to their names,
respectively, agreeably to tk? recommendation of the Secretary of War.

JEFFERSON DAVIS.
AXEKICA,W A R I)Er.wrxmrr,
Riclimond, April 5 , 186'6'2.
SIR: I have the honor to recommend the following nominations for appointment
in the Provisional Army of the Confederate States of America:
CONFEDERATE STATES O F

Brigadier-general,
Henry Little, to take rank fro111 date of confirmation, lfaryland.
P I R W TIINNFSSEE

CA
' VA LRY RBCI IM ENT.

CoEO1lPl.

William I3raaelto11,to take rank February 17, 1862, Tennessee.


Y11Wl' MISSOUIII CAVALRY IIEGIIEXT.

Colonel.
I~lij:~hC::ltcS, to take rank Deceniber 31, 1861, hfissonri.

Lieicteniint-colonel.

Robert K. Lawther, to take rank Deceinber 31, 1861, Missouri


">

,'

Apr. 5, 1862.1

131

SEN ATE.

Colonel

John

(2. Burbridge, to take rank January 16, 1862, Blissouri.


I,ieu~eirniit-colonel.

Eclwwd B. Hull, to take rank January 16, 1862, Missouri.

.Ifapr
Robert D.

il.

Dwyer, to take rank January 16: 1862, Missouri.


T I -SLYTI ALABAMA HEGIXENT.

Zieutennnt-colonel.
William 13. Hunt, to take rank March 27, 1862, Alabama
.licc)or

\Tillinin C R w t l w , to take rank March 27, 18F2, Alabama.

Brigade qicarfi~rnaastos,with the raid- of major.


G. IT. Cunningham, Tennessee; J. G. Field,
Aldricli, South Carolina.

-.

, John

N. Norris, Texas; A. P.

Asststant quartermasters, icztli the rank of caplam


Gcorge F. Maynard, -; C;. A. Taylor, South Carolina; James 31. Jones, Korth
Carolina; 1. 0. Lenimons, South Carolina; Williani T. Faircloth, Nortli Carohna, A.
Iettyplui, Virginia; IIilliard 11. Carter, Virginia; S. H Stewart, Rlarylanct , Charles
I,. Le Baron, Florida; Blicliael Gornily, Georgia; Feidinand Gregorie, South Carolina; Stephen C. Burch, Teiinessee, David C. Walker, Kentucky.
THIRD ~ S S O U R I Imbimmr.

Colonel.

B. A. RiFcs, to take lailk January 17, 18G2, Missouri.


/,ic,utrnant-c.oloncl.

.I. A. Pritchard, to t a k ~i m k .Tannary 17, 1863, & h o u r i .


Jlajoi.
1;. 1,. IIubbell, to takt, rank Januarv 17, lSB2, RZiysomi.

Br19tide ~ ~ i n v ~ t t s s ( i?~i vt deisthe


, J uiik o j major.
-;

.Jaitics I,. Carr, -, K. 8.IhI1, __ : Abraliarii Ilabcr, Texas; J3.


I,. JV. Spratt, South Carolina.

S.Sarichez,

Aa\istanf ~ ~ n ~ i i i i a s ui dr lii ~the


~ , rank of cuptarn.

IViIliaiii Clark, __ , William C. IIillhouse, South Carolina; Andrew 6. Wardlaw, South Ca~olina,J El. Montgomery, South Carolina; S 1. ltavencl, ; John
F. Daiis, Kentucky; Lyman Griswold, - - - - ; Samuel J. IIumphries, -.
Chupltr ULS

8.A. James, South Carolina; M. Olieefe, 1:irginia; M7. J. Nahon, Tennessee;


W S. Penick, Virginia; David (3. Daniel, Georgia.

Adjutants, with the rank of jrst lreutenant.

T. B. Crooker, to take rank February 2, 1862, South Carolina.


W. H. Wallace, to take rank January 18, 1862, South Carolina.
Thomas J. Oaks, to take rank ,March 5, 1862,. Korth Carolina.
Jos. M. Flanagan, January 27, 1862, Missoua.

Assistant cidjzLtnnts-general-capta~?~~.
willis L. Robards, to take rank March 3, 1862, T e m .

R, c. Morgan, to take rank March 23, 1862, Kentucky.


J. J. Reeve, to take rank March 28, 1862, Virginia.

Thonlm M. Scott, to take rank March 24, 1862, Texas.


W. Carve1 Hall, to take rank March 31, 1862.
Graham Daves, to take rank April 1, 1862.

Aids-de-camp, with the rank ofjrat keutenant.


Philip A. Taliaferro, to take rank March 29, 1862, Virginia.
Henry Howard, to take rank March 31, 1862, Maryland.
F. T. Hill, to take rank March 23, 1862.
Robert C. Andrews, to take rank March 24, 1862, Texas.
W. D. McKim, to take rank March 31, 1862.
A. M. Jackson, to take rank April 1, 1862.
ARTILLERY.

Majors, under act of Provisional Congress ( X o . 35.9).


S. F. Pierson, to take rank March 27, 1862, Virginia.
ti. N. Reynolds, to take rank Rlarch 27, 1862.
I am, sir, respectfully, your obedient servant,
GEO. W. RASDOLPH,
Seerelazy of War.
To His Excellency JEFFERSON
DAVIS,
Preszdmt, etc.

The mcssage was rend.


Ordered, Thnt it be referred to the Corninittee on M i l i t q - Affairs.
TKe following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
EXECUTI VE

DEPARTYEST,

5 , 1869.

To the Senate:
1 nominate T. A. Washington, of Virginia, w a major in the Quartermasters
Department of the Army of the Confederate States of America, agreeably to the recommendation of the Secretary of War.
JEFFlY DAVIS.

The messye was read.


Ordered, l h a t it be referred to the Committee on Military AfTairs.
Mr. Hill, from the Committee on the Judiciary, t o whom was referred the nomination of George S. Hawlrins, to be judge of the district court of the Confederate States for the State of Florida, reported,
with the recorninendation that said nomination be confirmed.
The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was
Besolved, That the Senate advise and consent to the appointment
of George S. Hawlrins, to be judge of the district court of the Confedorate States for the State of Florida, agreeably to the nomination.
On motion by Mr. Rarnwell,
The Senate resolved into open legislative session.

Apr. 7, 1862.1

SENATE.

133

O P E l i SESSIOX.

Thc Senate convcned at 12 oclock in., in thc chamber of the senate


of Virginia, agrceably to their adjourniiiciit on Saturday.
lho Sccrctxry of the Sen& this day prrsentcd to the lresident of
the Confederate States, for his a p p r o r d , thc following bills:
11. B. -. A hill to prodide f o r ltcrping all fircarins in the tunlies
of the Confederate States in the h:uids of effective men;
11. R. -. A bill to IcgRlizc thr wts of thr ciistrid attortiry, niardial, rmd dcputy marshals of Tennesber; : i d
11. M. --. A bill t o rcniit the duty on railroad iron suflicirnt to coinpletc the Alabania and Mississippi Iiircrs Kailroad.
Mr. H i l l prcsented the crcdcntinls of the Hon. John Ur.Lewis, appointed a Senator by the cx-ecutiw of the Stde of GeorgiiL, to fill thc
vacancy occasioned by the nonacccpttuicc of the IIon. liohcrt Toombs;
which were read, aiid the o:ith prrscribcd by I:LW was administered to
Mr. Lewis, and he took his scat in the Senate.
Mu. Semines presented a coiiiiiiunication froin the Comrnittw of Public Safety of New Orleans in relution to the appointment, in Congress,
of a Committee on the conduct of the war; which WRS referrrd to the
Committee on Military Afhirs.
Mr. YheIan (by leave) introduced
A bill (S. 38) authorizing the issuance of Treasury notes under the
denomination of five dollars;
which was read the first and second tiixieh and referred to the Committee on Finance.
Mr. Sparrow, from tho Committee on 1Militm-y Affairs, to whom
was referrcd the bill (14.. R. -) for the organization of a corps of
officers for the working of niter caves and establishing niter beds,
reported it without ainen d m c n t .
Mr. Sparrow, from the Committee on Military Affairs, to whom
was rcferrcd tho hill (13. K.-) to promote the eflicicncy of the Medical Departnient of the Army, reported it with an :miendment.
Mr. Hill, from the Comniittcc on thc ,Jndicimy, reported
A bill (S. 3:))t o i ~ y p l a t ethe salaries of tho distriet judges of the
Confederate States of Aiiirrica;
which was read tlw first and sccorid tiirirs and ordered to be placed
upon the Calendar and p r i n t e d .
A message from the House of Rrpr~sc.iit:tti\,~~s,
by XZr. L)ixoii, their
c1crk :
MY l w s i d m ) { . The TIonse of Flcprrs itatirm have passed sundry resolutions in
rrletion to tliv rcccnt yictory of 0111 X Y I I i n Tennessee, and the death of Gcn. Albert
Sidnev .Tohistoti; 111w l i 1 c . h I :tiii. d i r w t t d to apk the conc~~rrcnce
of thc Senate. [In
margiii, S o iiicssage acc.oinpnnied t l l r ~resolutions. C. T . B.]

On niotion b y Mr. 1h.1 is, that the Senate take up and consider the
resolutions this day comrnrinicated from the Tlousc of 1Zeprcsentatives
f o r concurrcnce,
It was determined in the negative.
Mr. Harn.lt.ell, from tho Committee on Finance, to whom was referred the bill (El. 13. -) to anthorize the crnployment of clerks a t the
ofices of the Treasurer and assistant treasurers, reported it without
amendment.

JOURNAL O F THE

(b.
7,1862.

On motion by Mr. Oldbarn,


The Senate proceeded, as in Committee of the Jvhole, to the consideration of the bill (H. R. -) to authorize the Secretary of ]Tar to
receive into the service of the Confederate States a reginlent of v0lunteers for the protection of the frontier of Texas; and
After debate,
On motion by Mr. Johnson,
OTdH-ed, That it be recommitted to the Coiiiiriittre on XIilit,tq
Affairs.
Mr. E-Ienry (by leave) introduced
A bill (S. 40) to increase the production of pig metal, iron plates
for gunboats, foundries, armories, railroad iron, and saltpeter;
which was read the first and second times and referred to the Cornmittee on Military Affairs.
On motion by Mr. Semmes, that the bill (13. R. -) to admit imports
duty free, except such as map be imported from the United States of
America, be made the special order for Thursday next at 1oclock,
It was decided in the
On motion by Mr. Semmes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Dortch, Oldham, Phelan, Peyton, Preston, Sparrow,
and Seninies.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Clay, Clark, Davis, Haynes, Henry,
Hill, Hunter, Lewis, Maxwell, ililitchel, Orr, Sinms, and Y ancey.
So the motion was rejected.
On motion by Mr. Clay,
The Senate resolred into secret legislative session.
The doors being opened,
On inotion by Mr. Johnson,
The Senate adjourned until to-morrow morning at 1 2 oclock.
SECRET SESSION.

MY.Clay submitted the following resolution for consideration:


Resolved, That the Secretary of the Navy be requested to inform t h e Senate, at t h e
earliest practicable moment, whether the necessary work upon the Virginia has been
completed; whether she is now ready to go into service; whether her water line, her
stern, and her rudder have been sheathed with iron, and if not, what has caused the
delay in this work; whether it is proposed to send her into service without sheathing hw entire water line, stcrn, and rudder with iron and putting on her shutters;
and that he also inforni the Senate what number of daily operati\Tes have been
employed and are now engaged in working upon said vessel.

Mr. Henry, from the Committee on Military Affairs, to whom was


referred the bill (S. 40) to increase the production of pig ruetal, iron
plate8 for gunboats, foundries, armories, milroad iron, and saltpeter,
reported it without amendment.
Ordewd, That it be printed.
The Senate rcsumed, as in Committee of the Whole, the consideration of the bill (S. 32) to raise an army for the Confederate States of
America, and to make rules for the government and regulation thereof.
On the question to agree to the amendment proposed by Mr. Oldham,
Mr.
moved t o arneiid the amendment by striking out the

Apr. 8,IRX]

135

BENATE.

words t h e war, in the fifth line, and inserting in lien thereof the
~vorcls* threc years, unless the war shall have been sooncr ended;
When,
After debate,
On motion hy Mr. Johnson,
The Scnatc resolved into open legislative session.

01I.X SESSION

On motion by Mr. Haynes,


The Senate proceeded to the consideration of the rcsolutions of the
House of Representatives in relation to the recent victory of our arms
in Tcmessee, and the death of Gen. h lb crt Sidney Jolinston;
When,
Mr. J h y n e s (by leave) introduced as a. substitute therefor,
A joint resolution (S. 7) of thanks for the victory at Shiloh, Tenn.;
which was read the first and second tiiries and c o n d e r e d as in Comniittec of the Whole; and having brcn amended on motion by Mr.
Pancey, the resolution was reported to tho Senate and the amendment was concurred in.
On motion by Mr. Clark,
O d m d , That the further consideration thereof he postponed until
to-niorrow.
Ihc following measage WLS recciwd from thc fresidtwt of thc Confedcrate States, 1)y Mr. 13. N. Harrison, his Sccretary:
To the A%iate and lloziac! qf U e p r e w i k i t w s of ULP(oiijedcrrite States (if ilmericn:
Thc great iniportance of the i i e \ 2 ~just received froin Tennessee induces me to
depart froin established usage, and to make to yon this counmuriication in advance
of official reports.
Ironi telegraphic dispatches received froin official sources, T ani able to arinounce
to you, n i t h cntire cwniidenc*e,that i t lias plexqed Alniiglity God to crown the Confedemtc aiiiis with a gloriour and decLisi\ e \ ictory ovw our invaders.
On the niorningof the 6th jnqtant t h r converging colunins of our arniy were combined by its conimantl~~r
111 cliitlf, (;en. A S Johnston, in an assault on the I~t.deial
arniy, then encaniped near Iittdmrg, on tlic Tt~niic~src
RII cr. After a hard-fought
battie of ten Iionrs the enriny \%asdrilen in tfi c1c.r from h i u poiition and pursued
to t l i e T e n n r r s ~ ~ e I ~ i w
reh
r , ( q under (over of 11 unboafs, hr way at the last accounts
entlravoring t o effect hi4 rctreat by wid of his transports. The details of this great
battle are yet too few and incwinplete to ei1al)lc me to diqtingui~hwith merited
praise all of those who niay have c~onspiciiou4yenrncxd the right to snch distinction;
and I prefer to delay my own gratification in reconiinencting them to your special
notice rather than incur the risk of wounding the fcelings of any By failing to include

tiniicd exertion until we dial1 extoit from a proud arid vainglorioris e.neiiiy the
reluctant acknou ledgrnent of our right to self-government. Uut an all-wise Creator
has beer1 pleased, while vouchsafing t o uq His countenance ln battle, to afAict 11s
ith a severe dispensation to which ivc most bow in huinble suhmisrion.
The last lingering hope has disappeared, and it is but too true that (;en. Albert
Sidney Johnston is no more. The tale of hls death is simply narrated in a dispatch
lust received from Col. \Villiani Ircston 111 the follouing wordi:
General Jolinston fell yesterday a t half-past two oclocli, 1%hile leading a SUCccwful charge, turning the memyr right and gaining a brilliant victory. A rninie

on till froni loss of hlood h e fell


a few moments. Ifis body h a d heen intrusted
taken to Kew Orleans, and remain until direct he rode

this departed chieftain and patriot foryid nie to


elings which this sad intelligence has evoked.
it may safely be asserted that our loss is irrep.
osts of the great and t h e good who now c l ~ s t e r
ere exists no parer .spirit, no morc heroic son^,
than that of the illustrious man whose death I join YOU In lamenting.
In his death he has illustrated the character for which, throug!i life, he Ivas conspicuous-that of singleness of purpose and deyotion to duty. Wltli h1s \! hole energies bent on attaining the victory which he deemed essential t o his countrys cause,
he rode on to the accomplishment of his object, forgetful of self, while his very lifeblood was fast ebbing away, His last breath cheered his comrades to victory. The
last sound he heard was their shout of triumph. His last thought WRS his countrys,
and long arid deeply will his country mourn his loss.
JBFBNWX DAVIS.
a
The message was read.
Ordwecl, That it be printea.
A message from the House of Representatives, by 31.11..
Li~niar:

Mr. Presidmt: The Speaker of the House of Representatives having signed an


enrolled hill and an enrolled joint resolution, I am directed to bring them to the
Senate for the signature of their President.
The House of Representatives have concurred in the resolution of the Senate for
the appointnient of a committee of the two Houses for t h e purpose of framing a
joint rule indicating what questions shall be discussed in hoth Ixdies in secret session; arid have appointed on their part Mr. Curry of Alabama, Jlr. Russell of Virginia, and Mr. Kenner of Louisiana.

On motion by Mr. Yancey, the vote post oning the further consid- .
eration of the joint resolution (S. 7) of tphanks for the victory at
Shiloh, Tenn., until to-morrow was reconsidered.
The Senate proceeded to consider the same; and
Ordered, That it be engrossed and read a third time.
The said resolution was read the third time.
Besohved unanimously, That it pass, and that the title thereof be as
aforesaid.
Ordawd, That the Secretary request the concurrence of the House
of Representatives therein.
On motion by Mr. Burnett,
The Senate resolved into secret legislative session.
The doors being opened,
The following niessa e was received from the House of Representatives, by Mr. Dixon, t eir Clerk:

Mr. President. The House of Representatives have passed a bill (11. R. -).to
authorize the advance of a certain sum of money to thc State of hlissouri; in whlch
1am directed to ask the (oncurrenee of the Senate.

On motion by Mr. Clark,

The Senate roceeded to consider the bill (H. R. -) last mentioned;


which was rea the first and second times and referred to the Com-

niittcc on Finance.
Mr. P!elan, from the committee, reported that they had examined
and found truly enrolled the following bills and joint resolution:
S. 16. A bill relative to the estimates of the several heads of Depart112

A hi11 to encourage enlistnients in the eor s of Marines; and


-. A resolution of thanks to Maj. Gen. $hornas J. Jackson

Apr. 8. LSG2.1

SENATE.

137

and the oBicers and iiien under his conititand, for gallant and iiierito
rious services in the hattlc of IG.ritstown.
On motion by Xi.. Sp~rrow,
Tbe Senate adjourned until to-morrow morning a t 12 oclock.
SECRET SESSIOR.

Tlic Seuatc resumed, as in Coiuiriittec of the Wholc, the considcratioti of the bill (S. 32) to r:iise aii army for tlie Confedcrate States of
hni(>rica,aiid to nialtc rdcs for tlic go\ c~riiuicntand rqu1:itioii tlicrcol.
On the qucstion to t i g r c ~to the :~iiicndnicntproposctl by Mr. I Iaynes
to the aniendment ofcrcd by 31r. Oldli:uii,
M r . 0ldh:im (hy leave) withdrcw his :uiicudnic~iit.
On motion hy MI.. Ilaynt~s,to aniciid the bill by striking out, line 5,
section 1, the words tlie war and inscrting in licit khercof thv words
thrct: yc:m, unless the T V R ~shall h:i\-e been sooncr endcd,
rniincd i t i the t i f i rnia t i w.
On motion by Mr. IIayneh, to :mend t l i c x bill by inserting, wction 1,
line ti, after t h e word *. or.a:Liii~~itioii,tht word, uiitil they shall
have served for thrct. years froin tlie 1x:riod o f thcir original
enlistmcnt,
A motion was made by M u . Clark to :miorid the saine by adding
thcrcto the words o r served undcr :uiy Stxtc orgatiizatioii for six
mouths or more since tlic couiiilcncenicnt of the wnr; and
It W H S deterniincd in the ncg:ttivc:.
On the question to agree to the ,zinendiiicnt prol)os(~lby Mr. IItLyrics,
It was deterniincd in the affirmative.
On motion by Mr. Yancey, to ainerid the bill by striliing out, qection 1, line 1, thc mords d l personb and inserting i n lieu thoreof
a11 able-bodied white nialc citizens,
h iiiotion wiis made by RIr. Plielan to ninend the wine by striking
out the wold able-bodied; ) and
It was dctcrniined in the xffirmativc.
il motion w:is inado by Mr. 1 Iill to : ~ ~ n e nthe
t l proposcd aniendincnt
by striking out the words rnalc cit ixoiis :iiicI inscrting in lieu thcreof
the word n ~ c n .
Pending +he cwnsidcration of which,
Mr. Orr gave riot,ice of his irttarttion to olf(~r,nt the proprr tirne, tLn
iirncndinent t o the bill, hy wiy of nubstituto thcrcfor; which, by
un:mimous consent, he re:d in his p l a c ~ ;a n c l
On motion by Rlr. Orr,
O d e t w ! , T h a t s:iitl aincndmcnt be printed for tlic use of the Senate.
311..fhiriwtt d s o gnve rioticse of Iiis iritciition to otfor a substitute
f o r the hill undcr consideration; which, by unanimous consent, he
rcwl in liis p l t w ; atid
On niotion by hlr. Orr,
O ~ t l e / w lfhat
,
said substitute he printed for the use of tlie Senate.
On niotiori by Mr. Simins,
The Senate resolved into open lcgislativc session.

138

JOURNAL OF PEE

~ ~ E L l N E S I ~ AXPiK, I I , !t, 18tiS.


OPEK SESSIOS.

Mr. Barnwell, from the Committee on Finance, to whom was referred


the 1)iLl (H. R. -) to authorize the advance of a, c(xtain S U ~ Iof llloney
to the ;State of Missouri, reported it without ainendnlent.
The Senate proceeded, as in Conimittee of the Whole, to tlir. ~ 0 1 1 sideration of the bill (H. R. -) last mentioned; a i d 110 :inicncheut
being made, it was reported to t h c Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Besolved, That it pass.
Ordered, That the Secretary inform the House of Representatives
thereof.
A message from the House of Itepresentatives, by Mr. Ford:
Mr. Presideid: The House of Representatives have passed t h e following Senate bills
and joint resolution:
S. 20. A bill to provide for the payment of musicians in t h e Army not regularly
enlisted;
6. S5. A bill to increase the number of depositories of public funds; and
S. 7. A joint resolution of thanks for the victory at Shiloh, Tenn.
They have also passed the follo-wingbill and joint resolution:
H. R. -. A bill to amend an art entitled LAnact to increase t h e Corps of Artillery, and for other purposes, approved August 21, 1861; and
H. It.
A joint resolution of thanks to the patriotic women of the country lor
voluntary contributions furnished by them to t h e Army;
I n which bill and joint resolution they ask the concurrence of t h e Senate.

--.

Mr. Baker, from the Committee on Post-Offices and Post-Boads, to


whoiii was referred the bill (H. B. -) to regulate the compensatiorl
of deputy postmasters, rcported it without amendment.
On motion by Mr. Johnson,
The Senate resolved into secret legislative session.
The doors being opened,
The following message was received from the House of Representa.
tives, by Mr. Dixon, their Clerk:
Jfi. Pwsident: The Speaker of the House of Representatives having signed sundry
enrolled bills, I am directed to bring them to the Senate for t h e signature of their
President.

Mr. Phelan, from the comrnittce, reported that they had examined
and found truly enrolled
A bill (H. R. -) to authorize the advance of a certain sum of money
to the State of Missouri.
The President pro tcmpore having signed tJhc enrolled bill last reported to have been exaniincd, and also the bill (S. 16) relative to thc
estimates of the several heads of Departments, heretofore reported to
have been examined, they were delivered to the Secretary, and by
hiin forthwith presented to the President of the Confederate States
for his approbation.
A message from the President of the Confederate States, hy Mr.
H. N. Harrison, his Secretary:
*h. President: The President of the Confederate States, on yesterday, approved
and signed tho following act:
s. 3. An act to provide for the organization of the Arkansas and Red River Super.
jnteIl(iency of Indian Affairs, to regulate trade and intercourse with the Indians
therein, and to preserve peace on the frontiers.

Apr. 9, 1862.1

SENATE.

139

He Iias nlqo, to-(la? , appro\ e.1 ant1 signet1 the following act:
S. 16. An act relatlvt, to the estimates ot the several lieatls of Departments.
A message from the House of Representatives, by Mr. McDonald:
Jfr. Presidmt: The House of Representatives have passed the following bills, in
x-hidi th6A.y request the coilcurrerice of the Senate:
11. It -. A bill for the relief of Caioline 3Iiller and lrer children;
11. 12 -. 11 bill to cbnforcc proiiipt rctnriis of disbursing officers and. agents;
11 It. -. d bill to provide for the payinelit ot oiiicerv of the Virginia irrilitia for
servicw rendered; and
11. 12. -. A bill to aiiientl an act lor the establishment aild orgallizatlon oi a general staff for the Army of the Confctlerate States of dinericyi.

On motion by Air. Sparrow,


The Scnate proceeded, as in Coinmittcc of the Whole, to the consideration of t h c bill (a.
It. -) for the orgmization of $1(korps of officers for the worliing of niter caws and cstabljshing niter beds; and
no aniendiiient being made, it was i ~ y n r t e dto the Senate.
Orcle7-ed, T ha t i t pass t o a third reading.
O i d e r d , That the Secretary inform the House of Representatives
thereof.
On niotion by Mr. Orr,
The Senate adjourned until to-inorrow morning tit 12 o'clock.
SECRET SESSION.

Mr. Yancey, from the joint Committee to report joint rules indicating
what questions shall be discwssed in both IIouses in secret sesiion,
reported that they had met tlie cornniittee on the part of the House,
arid recommend the adoption of the two following joint rulcs:
XVIII. During the present war, all iiieamres relating to military, naval, financial,
and foreign affairs shall be considered by each Hoiise in secret session, u n l e ~ sotlicrwise ordered with the co t i t of both Honses; hiit either House, by a vote of t n o thirclb, taken in r-evrrt s on, may determine to w t in open session on any fiuch
measures. Other tiieaw
trray he considered by either House in open or serret
sesylon, a4 its ov 11 r ~ i I (xiid
~ s ortierr shall detetminc.
XIX 3Iciiibcxrs of either IIouse dial1 be admitted to tlie floor of the other Iloure
when in qecret IegiPlati\ c sesiion.

'The Senate proctedctl to consider the said rules; and


On the queetion of thc adoption thereof,
It v'ab determined in tlie affirniative,
On motion by MY.Sparrow,
The yc"5 and nays being desired by onc-fifth of the Senators present,
Those 1%
ho voted i n tlic affirmative are,
R1rw.s. I 3 : ~ i . n~ ~1 1 ,I3ui.nctt, Clay, Davis, Dortch, Haynes, IIenry,
Lcwi5, BI:~xwelI, MitchcI, Orr, Peyton, Simms, Wigfall, and Yancey.
r ?
Lhow who voted i n the riegntivc are,
Mtlssrs. BakCr, Clark, Hill, Hunter, Johnson, Phelan, Preston,
Sptirrow, and Yeninies.
So the i d e s werc adoptcd.
OT~LYL(A~,
That the Secretary inform the IIoui;e of Representatives
t11c.reof.
The Senate resuiiied, as in Committee of the Whole, the consideration of the bill (S. 32) t o raise an arrnj7 f o r the Confederate Statcs of
America, and t o ni:A(\ 1 ules for the government and regulation thereof.

JOURNAL OF THE

f h r . 9, 1862.

On Inobion by Mr. Hill, to amend the amcndineiit proposrd I-y Mr.


Yancey, alllended 011 rnotion of Mv. I l ~ e h , I)?. strikillg 011t the words
male citizens and inserting in fieU thereof t h C 1VOl.d lXAC11,
determined in the affirmative.
question to agree to the said amenclmcnt as amended,
was determined in the affirmative.
motion bv Mr. Burnett, to amend the bill hy striking out the
first section and inserting:
I

I n view of the exigencies of the country, and the absolute iwccssity ol kectping in
the service our gallant Army, and uE placing in the field a large additional k ~ r wto
meet the advancing colunlils of the enemy iiow inratling our soil: Thrrctore,
Ttte Congress of the Confederate Shrtes of Arnrriccc d o I T L ( I C ~ ,That thc Presiclerit be, and
he is hereby, authorized to call out and place in the military service of tlir Conlederate Statcs for three years, unless the war shall h a r e been sooner ended, all white
men between the ages of eighteen and thirty-five years who are n u t legally exempted
from military service. All of the persons aforesaid who ale n o n in the arniirs of the
Confederacy, and whose term of service will expire before t h e end of the war, shall
be continued i n the service for three years from the date of their original enlistment,
unless the war shall have been sooiicr ended: Providrd, howmer, That all such companies, battalions, and regiments shall have t h e right, within thirty (lays, to reorganize said companies, battalions, and regiments bv electing all their officers which
they had aright heretofore to elect, who shall b6 commissioned by the President:
Provided.f7xrlh~r, That all troops that have enlisted for twelve months, and who are
continued in the service by t h e provisions of this bill, shall be entitled to a furlough
of sixty days, whenever, i n the discretion of the Secretary of War, t h e exigencies of
theservice will permit it; and such furloughs shall be granted under such regulations as the Secretary of War may prescribe; and all laws and parts of laws providing
for the reenlistment of volunteers and the organization thereof into companies, squadrons, battalions, or regiments, shall he, and the same are hereby, repealcd.

On motion by Mr. Sparrow, that it lie on the table,


Itwas determinedinthenegative, h a y s ..- ..-.- - - I- - - ....- - . l2
13
On motion by Mr. Sirnms,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Clay, Davis, Hajnes, Henry, ,Johnson, Phclan,
Preston, Sparrow, Semmes, Wigfall, and Yancey.
Those who votcd in the negative are,
Messrs. Barnwell, Baker, Burnett, Clark, Dortch, Hill. Hunter,
Maxwell, Mitchel, Ow, Oldham, Peyton, and Simms.
On motion by MY.Yancey, to ainend the arnendrncnt proposed by
Mr. Burnett, by striking out, line 9, the words .thilty days) and
inserting forty days, on a day to be fixed by the commander of the
brigade,
It was determined in the affirmative.
On motion by Mr. Simms, to amend the amendment proposed by
Mr. Burnett, by inserting after the words prescribe, in the sixteenth
line,

iTeas----

~~~~~~~~~~~~~~

Procridetl .furlJier,That all persons under the age of eighteen years, or over the age
of tliirty-five years, who are now enrolled in the military service of t h e Corifedrrale
States, ~n t h e regiments, battalions, and companies hereafter to be reorgaiiiLetl, shall
be required to remain in their respective companies, battalions, and regiments for
ninety clays, nnless their places can be Rooner supplied by other recruits not now in
the service, who arc between the ages of eighteen and thirty-five years,

It was determined in the affirmative.


On motion by Mr. Sparrow, to amend the amendment proposed by
Mr. Rtirnett, by striking out all from khe word President, in the

Apr. 9,1862.1

141

SENATE.

eleventh liric, clown to and iiicludiiig thc word


sixteenth line. and inserting:

prweribc, i n the

It w t ~ sdetermined in thc aflirmat1ve.


On motion by Mr. Siniitis, to :~nicnd tlic nmcndmciit proposxl by
Mr. Hurnett, by inserting after t h e word . ycr5, fourth line, a t
the time the call or c*~lls
1miy be made,
It was deterniincd in the affirtwnt1VP.
On motion by MY.Yaiiccy further to anicnd the prol)o:,ed amendirient by inserting after tho word:, white iircti, in tIic third linc, the
words who are residents within thc Coiifedemtc Stxteb,
It mas determined in the affirm.r l t1vc.
On motion by Mr. Sparrow, that thc Scnato rtwlve into open lcgis-

lative session,
I t was determined in the negative.
On the queition to agree to the :tmcndnicnt proposed 1)y Mr. Burnett, as amended,
Ye;is _ _ . __
_
_.__
._
_ _ _ _ _ _ 17
It was determined i n the affirmative, Nays
.-_-___
7 .._
On motion by Mr. Davis,
The yeas and nays being desired by onc-tift 11 of the Senators prcsent,
who voted in the riffirniativc re,
Bttrnwcll, Ik~lter,13iirnett, (:lay, Clark, 1 brtcl?, Hsy nos,
Tuntcr, Maxwell, Mitchcl, Orr, Oldh:ini, Phelan, Ieyton,
Prehton, and P:mcey.
Those who voted in the ncgxtive arc,
Messrs. Davis, Hill, .Johnson, Lewis, Sparrow, S C~I I I Iant1
C~,JVigfnll.
So the atnendinetit :LS atnendcd was agrccd to.
On motion by Mr. Sparrow, that thc Sciiate take a recess until 7

OCIOCB,

It was deterniincd in the neg:itive.


On motion by Mr. Ffcnry, froin tlic Conlmittcc on Bliliiaiy htftiirs,
to anicrrd tho ))ill 1)s adding t i t tlic ~ n t of
l the sccontl soctioii: and
t h ~I ieoriiptiy, I):itt:Llioti, :itid rcgiinetitd offic~rh,

It w : dctcrniincd
~ ~
in tliv :ifEriiiative.
Air. Yaiicey suhniittcct an aincndment t o tlic k)ill, to c o n ~ cin :is an
intlcpcndt?nt section, aftci. the second section; which was Itad, and
otidn by Mr. Orr,
qed, That it, be printed for thc use of the Sctlilte.
O n niotion by Mr. Davis, that thc Sciiate rcsolvo into qxvi lcgislativc \cision,
I t was determined in the negative.
On motion by Mr. Wigfall, to amend the bill by striliin~put, in the
fourth and fifth lines of the third section, the words In default

JOURNAL OF THE

[Apr. 10, 1862.

thereof and inserting in lieu thereof the words 011 failure to obtain
such consent,
It was determined in the affirmative.
On motion by Mr. Wigfall, to amend the bill h ~ 7striking out the
fourth section and inserting:
SEC.4. Be it further eizactd, That persons enrolled under t h e prorisions of the
preceding section shall be assigned by t h e Secretary of War to the different con]panics now in service, until each company is filled to its maxjmuiii number, and the
persons so enrolled shall be assigned to companies from t h e States from which they
respectively come,

It was determined in the affirmative.


On motion by Mr. Sparrow, to amend the bill by inserting after the
word States, i n the second line of the fifth section, the words
enrolled under the provisions of this act,9
It was decided in the affirmative.
On motion by Mr. Rigfall, to amend the bill by striking out, in
the fifth section, after the word thereof, in the fourth line, the
words shall be organized into other reginicnts, battalions, squadrons,
o r companies by the Secretary of War, arid the officers thereof shall
be a pointed by the President, by and with the advice and consent of
the genate,? and inserting in lieu thereof the words:
Rhall be kept as a reserve under such regulations as may be established by the
Secretary of War, and that a t stated periods of not greater than three months, details
shall be made from said reserve, so that each company shall, as nearly as practicable,
be kept full,

Ordered, That the further consideration of the bill be postponed


until to-morrow.
Mr. Henry, from the Committee on Military Affairs, reported
A joint resolution (S. 8) to prevent the discharge of certain regiments now in the Army;
which was read the first and second times and considered as in Conimittee of the Whole; and no amendment being made, it was reported
to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution was read the third time.
Resolued, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House
of Representatives therein.
On motion by Mr. Orr,
The Senate resolved into open legislative session.
THURSDAY, APRIL10, 1862.
OPEN SESSION.

The Secretary of the Senate, on yesterday, presented to the President of the Confederate States, for his approbation, the follpwing joint
resolution:
H. R. -. A resolution of thanks to Maj. Gen. Thomas J. Jackson
and the officers and men under his command, for gallant and meritorious services in the battle of Kernstomn.
Mr. Yancey submitted the follodng resolution; which was considered and agreed to:
Resolved, That the Committee on Comnierce be instructed t o inquire whether any
pemons within the Confederate State- claim tr, evercise jurisdiction, and claim rights

SENATE.

Apr. 10,1862.1

143

and prixilcges as consuls of foreign c.oi1ntric.s; mtl if so, whetlier any arid what legislation is requisite to prewnt tlit, baiiic.

Mr. Barnwell, froin the Conunittee on Finwnce, to whom was referred the bill (S. 38) authorizing the issuance of Treasury notes under
the denomination of five dollars, reported it with amendments.
The Senate proceeded to consider, as in Committee of the Whole,
the bill (S. 38) last mentioned; and the reported anicndnients having
been agreed to, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time.
&solved, That it pass, and that the title thcreof be as aforesaid.
Ordered, That the Secretary inforin the House of Beprosentatives
thereof.
On motion by Mr. Barnwell,
The Senate proceeded, as in Comtnittee of the Whole, to the considertttion of the hill (H. R. --) to authorize the employment of clerks
a t the ofGces of the Treasurer and assistant treasurerb; and having
been amended on motion of hlr. Brown, the bill was reported to the
Scnate and the amendment was concnrrcd in.
Ordcred, That the amendment be cngrosscd nnd the bill read a third
time.
Thc said bill a s amended was read the third tiiiic.
Resohrd, That it pass, with an aiiiendmcrit.
Ordered, That the SecretsLry i q n e s t the conciirreiice of the House
of Rcpreaentatives in the nniendnicnt.
011 niotion by Mr. Y:incey, that the Secretary communicate to the
Ilousc of Representative8 the adoption by the Senate, on yesterday,
of the two additional joint rules,
Mr. Sparrow objected thereto, giving notice that he desired to inow
a reconsideration of the vote by which said rules were adopted.
The question being i~&ed as to whether any hill or resolution requiri n g the concurrent action of both Houses could be delayed in its transinission to the IIouse of Bepresentativcc;, by merely givinw notice of
an intention to inom a reconsideration of the vote by whit% such bill
or resolution had passed, o r not,
The President pro teiiipore took t h e sense of the Senate thereon;
and on the question, Can a nicnlbcr, by objecting to the transmission
or communication of a bill or rcvolutiori to the House of llepresuntatives, without nioving a reconsideration of the vote on the passing
thereof, retain such bill o r resolution within the control of the Senate?
It wtts determined in the negative.
The fresident pro tcmpore having sigricd the bill (S. 17) to encourage enlistnicntr in the Corps o f Marines, heretofore reported to be
truly enrolled, i t w:i~ d c l i v c i d to the Secretary, and t).y him forthwith presentcd to the lresident of the Confederate States for his
approbation.
The following bills were read the first am1 second tinies and referred
to the CorninitiGe on Military Affairs:
11. R.
A bill to amend an act for the establishnient and organization of a general staff fo r the Army of the Confederatie States of
America;
H. R.
A bill to provide for the payment of officers of the Virginia
militia for services rendered; and

-.

-.

JOURNAL OF THE

aking Augusta, Ga., a port of delivery for goods itliported into


Charleston, S.C: ;
H. R. -. A bill to amend an act entitled An act to regulate the compensation of
members of Congress;
H. R. -. A bill to increase the facilities for importing goods, wares, and merchandise into the ports of the Confederate States; and
H. R. -. A joint resolution for the relief of Capt. Ben. Desha.

The following bills were read the first and second times and referred
to the Committee on the Judiciary:
H. R. -. A bill to enforce prompt returns frotn disbursing officers
and agents; and
H. B. -. A bill for the relief of Caroline Miller and her children.
R. -) of thanks to the patriotic women
The joint resolution
of the country for voluntary contributions furnished by them to the
Army, was read the first and second times mid considered as in Committee of the Whole; and no amendment being made, it was reported
to the Senate.
Ordered, That it pass to n third rending.
The said resolution was read the third timc.
Bcsolvcd, That it pass.
Ordered, That the Secretary inform the Houw of Representtltives
thereof.
The Senate proceeded to the consideration of the resolution of the
House of Representatives, fixing a day for the adjournment of Cong r w ; and
On motion by Mr. Davis,
Ordered, That it bc postponed to and made thc special order for
Snturday, the 12th instant.
Mr. Sparrow, from the Committee on Military Affairs, to vhom
was referred the o f i d report of the battle of Roanoke Island, asked
to be discharged froin the further consideration of the same, and
reported the folloaing rcsolution; which was considered and agreed to:

(a,

R~solocd,That tlie Secretary of the Senate be directed to furnish the Senators from
the State of North Carolina, for the convention of that State, a copy of the reports
of tlio ofticers i n relation to the raptnrc of Roanoke Island, which have beell commmiirated to the Senate by the Iresidcnt.

On iiiotiori by 1111.. Daker,


The Senate resolved into secret legislative session.
The doors being opened,
The following riiessagc was received from the House of Itepresentativcs, by Yr.
- Lamar:

Jfi. Presidenl: The Speaker of the House of Representatives having signed an


eiirolleci bill, 1 BLU directed to bring it to the Senate for the signature of their

President.

SENATE;

Apr 10,l8FL ]

145

Thc follomiiig bills wcrc rend tlic first and sccond times and referred
to the Coninlittee on Cornniercc:
E-I. K.
A hill to increase the facilities for importing goods, wt~rw,
and merchandise into the ports of the Conftdemte Statcb; and
11. R. -. A bill making Augustn, Ga., a port of deii\my for goods
irnportcd into Chnrlcston, S. C.
The joint rcsolution (H. R. --) for tho rclicf of (hpt. Bell. Dcsha
was read the first and ,second timcs and rcicrrcd to the Cornmittcc on
Claims.
Ihc hill (H. R. -) to amend :ui act ciititlrd An :tct t o regul:itc the
coiiipensation of niertibera of Congresh, ctc., T T ~ Sread tlic first and
sccond times aiid referrod t o the Coninlittec: on Financc.
On motion hy N r . Yancyv.
The Senate adjourned until to-illorrow morning at 1%
oclock.

-.

On motion by AIr. Sparrow,


The vote on the pabying of thc bill (IT. It. - ) for thc org:Lnix>ition
of a corps of officers for tlw worl&g of riitvr C : L V C ~and c s t : ~ ~ ~ l i ~ I i i i
niter Iwds was reconsitlcrcd.
On motion by 3Ir. S p a r r o ~ ,
The vote on t h c engros~nicntof thc I R I I ~ C
also rccondercd
The Scnatc proceeded, :I? i n Coirnnittco of tlic \\hole, to t l t c m i sideration of the bill last iiicntioncd (11. It. -); and 1i:iving hccn
amended on motion of Mr. Sparrow, i t wa.: rcportccl to th c Senate
and the aiiiendnients T V C ~ Cconc.urrctl in.
O ~ l e w c lT
, ha t it pass to a thirtl reading.
The said bill wa5 read the third time.
wl, That it puss.
O d m d , That the St:crctary inform thc TIoiisc of Rcprchcnt tl tIVCS
thereof.
Tlic Senate resumcd, :ts i n Committee of the Wliole thc considcriLtion of the hill (8. 32) to raihc an ar1nj7 for the Confedcrate States of
America, and to make rules f o r the g&crnmcrit :mtZ regulation thereof.
On motion by Mr. Wigfall, to :imcnd thc bill by striking out all
after the word * l~ovided, in tho fonrtli line, to thc word Ii*ocitkd, in the sixth linc, and i n w t i n g :
Shall be kept as a reserve, under such regulations aq mav he edabli4ird b y tho
Secretary of War, and that at stated periods of not greater than throe 1iioilths, details,
tieterinined by lot, shall be made from salt1 r e w n e, co that each coliipany ~ 1 1 ~ 1 1 ,
i i t w l r a i pmcticahle, be kept frill: Im itled, That ttw permiis held i n i e v r i f iiiiny
rc.iiiaiii :It home until callr(t into scrriw by tlie Iresitlmt. Irovkled SO, That tlnriiig thciit Utay at home they .hall riot recwve pay.

OIIniotion by Mr. I I:iync.s, to ainend tkic iimendlrlellt propowl


Mr. lligtall, 1)sr Iding tlicrcto:

1)s

110 1 cdol , f u r O m , That t h y I w i w n h c oniprehended in this act hall not 1 ) P~I I ~


to the rules and articles of v a r until musterect into the ,ictual h e n ice of the Con
erxte States; except thatpaid persons, x hen enrolled and lialdc to tluty, II t h y ~ I i d l
uillfully refupe to obey said call, each of them shall bc held to be a deserter, and
punlehed as such under said articles,

It was determined in the affirmative.


On thc question to agree to the :imendnwnt proposed by Mr. \Vigfall, as amended,
It mas determined in the :~ffirmative.
C .J-YOL

2-04-10

146

on motiou by air. Yanccy, to ameiid the bill 1)y inserting before


the last proviso, in the sixth section :
proeided ,furlher, That whenever in t h e opinion of t h e President the exigencies of
the public service may require it, he shall be authorized to call into actual service
the entire reserve, or so much as may be necess:try, not previoubly aPsigned to differ.
ent colnpanies i n service under provision of section four of this act, who shall be
organized ancl officered under provisions of an act entitled Ana r t for t h e eqtablish.
merit of the Ariiiy of the Confederate Statesof America: p r o ( ided.further, Thatthe
oficers appointed under this section shall be appointed. from t h e State lroin which
the particular regiment, battalion, or company to which they may be appointed
shall be drawn,

-A rnotibtl was made hj7 Mu. Preston to amend thc amendment proposed by Mr, Yancey by striking out the words who shall hc organized and officered under provisions of an act entitled An act for the
establishment of the Army of the Confederate States of America,
and inserting in lieu thereof the mords said Yeserl-e shall be organized
under such rules as the Secretary of War may adopt; provided the
Conipany, battalion, and regimental officers shall be elected by the
troops composing the same; and
It was decided in the affirmative.
On motion by Mr. Semmes, to amend the nmendment proposed by
Mr. Yancey, by striking out the .;vords
))

A ~ m t l e t Z@her, That Ihe ofEcer5 appointed under this section shall be appointed
from the State from which the particwlar regiment, battalion, or company to M hich
they may be appointed shall be drawn,

I t was determined in the affirmative.


On the question to agree to the aniendnient proposed by Mr. Yancey,
as amcndcd,
It was dcterniined in the affirmative.
On motion hy Mr. Orr,
Ovderetl, The further consideration of the bill be postponed.
A nicssizgc from the House of Representatives, by Mr. Lamar:

dlr. Prcsidw/. The Hoose of Representatives have rejected the first of the joint
rulcs reported by t hc joint committee, marked Rule 16, and have agreed to the
secontl, inarked Rule 19.
9

On motion by Mr. Orr,

Ovdered, That the Senate ttlke a recebs until 7 o(*lockp. m.

7
11

l h c following n i t

f cYlcrRto Ptfllrs, t 1.v

OCLOCK Y. 31.

age was received from thc, President of the Conr. 1%. N. IIarrison, his Sccrptary:

To Llie Sendo .f U ~ Cotkfetlt?rt/e


P
,%/(&.
1 transnnt licievr it11 a letter from the Secretary of t h e Navy, sublnitting a proposition f o r the construction of ironclad vessels in Europe, and cbommend it to the attention of Congre~s.

The messag!.e W ~ Sread.


Ordered, Ihttt it be referred to the Committee on Naval AfairF.
The Senate resiinwd, as in Coininittee of the Whole, the considem
tion of the hill (S. 32) to raise an army for the Confederate States of
Armxica, and to rnske rules for the government and regulation thereof.
On motion by Mr. Orr, that the Senate resolve into open legislative
session,

Apr. 10,lSsZ.]

SEHATE.

147

It was detcrnli11cd ill the liegatire, I YW - - - - - - - - - - - - - - - - - - 1 Nays - - - - --._..- _ _ - _- - _ _ 15


On motion by Mr. Orr,
The yeas and nays being desired by one-fifth of tho Soniltors present,
Those who voted in the af%rin:tti\-e are,
Messrs. Balrer, Clay, Clark, and O n .
Those who voted in the negntive arc,
Alessrs. Barnwell, Daris, Dortch, IIenry, Hunter, Johnson, Lewis,
&lxxwcll, Mitchel, Phelan, Sparrow, Scmmcs, Simnis, Wighll, and
Y ancey.
So the Senate refused t o go into open session.
On motion by Mr. Sparrow, to amend the bill by inserting, as an
independent section:
SEC. -. BPi t , f z t~h u rnnctrtT, That cacli n i i i n
110 niny liereaftel: he niusteicd into
the service, and ~ h +od l arin hiiiisrlf \\ itli a ~ i i ~ i ~ l itrliotguii,
et,
rific, or cwbine,
l paid tlie valnc thcrcof; to be aucertaincd by
accepted as an efficient 15 eapon, ~ l i a l be
tlie mustering offic cr, iinder h u v h I egulations a\ may be prcvxibcd b y tlic Svcrctary
of War, if he is willing to sell t h e eainc, and if I i v ib not, then Iic shall bc nititlcci to
rcceire one dollar a moiith for the we of 4 t i ieceived and approved iiiiisket, rifle,
shotgun, or carbine,

It was determined in the aLHirinatire.


On niotion of Mr. Henry. to amcncl the hill by striking out, line 6,

hection 9, the words the President. 1s :\nd with thc coiiscnt of the
SCWL~C,~)
and inserting in lieu thereof the word election,
I t was dctcrmincd in the affirm1t1\e.
On motion by Mr. Yaiiccy, to aillend tho hill by striltiiig out, in the
ninth section, after Thtit, in thc firht line, the words .mhcn the conlpanics now i n service, or rendy for organization, arc organized into
battalions, q u a d r o n s , o r regiments, all vacancies shall be filled by promotion according to seniority, froni the company, hattnlion, squiidron,
or iy$nient in which such vacancies shall occur, and inserting in lieu
thci cof t h e words
all vacancies shall be filled by the President fro111 thc C O I I I ~ R I ~battitlio~i,
~,
squaclron,
or regiinrnt in \\ liich such ramiicics hliitll ownr, b y pioniotion a c c a ding to scnioiity :
h t l & d , ho?/et,er, That tho 1rc.iitlcirt nin), i \ l i c i i i n his opinion i t may be proper,
fill sucli acancy or I acancic b y the. 1)ioniotion o f nny oflic or officers, or private
or piiwttcs, froni such cornp ny, battdion, qnadron, or r m i i t \$:lo shall have
been distinguished in the service b y cshibition oC valor and Fkill,

A motion was made by Mr. FVigfall to aInend the amendment by


inserting in the eighth line thereof, after the word ~enioiity,the
words except in case of disability o r other incompetency; :tnd
It wits dt:Lcmiined iri t h r affirinnti\ c.
On tlie qiicstioii to : q i w to tJhc :wicndiiicnt proposed 1 ) Nr.
~ Yancey, as airic~nded,
I t \I as clctcrniincd in the :ifliriii:Ltivc.
0 1 1 niotion
N r . lhc
idcr thc vote t)y which thc, itiid
nrrlcndlrlerll :I\ :trIlt~rl;ltYl \
eas
It was determined in the negutive, Nays
..- - - - - - - - - - - - - .- - - - 15
On motion by Mr.Phclari,
The yeas and nays hcing desired by onefifth o f thc Hcxintor~prcsent,
Those who voted in the affimiati~e are,
Messrs. Baker, cJohnson, Mitchel, Ow. Phelan, atid Simms.
Those who voted in the negutive ale,

I7

JOURNAL OJ? THE


.

r.ipr. 10.1\62,

Messrs. Barnwell, Clay, Davis, Dortch, IIayrles, HcilrJ-, IIunter,


ewis, Maxwell, Oldham, pegton, sparrow. ~ e m m e s Jvigfall,
,
and
ancey.
SO the Senate refused to reconsider.
onmotion by Mr. Phelan, to amend the bill by adding to the ninth
section the following proviso:
That when a vacancy occurs In the office of colonel, the lieutenant.
colonel and major may, i n writing, relinquish their right to such promotion and
suggest the appointment of some other person to the said ofice of colonel, who, if
Villlng to accept, shall be apuointed; and that when a vacancy occurs in the office
of lieutenant-colonel, the niajor and senior captain shall have the right to nlake a
similar relirlquishment and suggestion; and that when a vacancy occurs in the office
of major, the two captains holding t h e oldest commissions shall have t h e same right
in all respects,
Yeas . _- ._..- _ _ _ _ __
. .
._
. _9
It was dcterhincd in the negative, Xays _ _
__
- __
13

On motion by Mr. Phelan,


The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative art:,
Messrs. Clay, Clark, Hunter, Johnson, Lewis, Mitchel, Phclan,
Semmes, and Simms.
Those who voted in the negative are,
Messrs. Barnwell, Baker, Davis, Dortch, Hayncs, Henry, Max~.vcll,
Orr, Olclharn, Peyton, Sparrow, JVigfall, arid Pancey.
On motion by Mr. Yancey, t o amrnd the hill by inserting, a t the
end of the ninth section, the follon7ing proviso:
Provided, That all appointments made b y the President shall be I)y and
advice and consent of the Senate,

TI

it11 the

It was determined in the aflirrnative.


On motion by Mr. Haynes, to amcnd the bill by striking o u t the
tenth section,
I t was determined in the affirmative.
On motion hy Mr. Haynes, to amend tlic hill by inwrting:
SEC.-. That all privates comprehended in the proriyions of this act, shall be
entitled to receive hereafter the monthly pay of fifteen ticllars each,

A motion was made by Mr. Sparrow, to ainencl the proposed arnendnient by striking out all after the word That and inserting:
the pa of all noncommissioned officers, privates, and miisicians in the service of the
ConfeJerate States shall be fifteen dollars a month, said pay to coinineiice a i t h
the second year of the service of such nonconiniissionecl officer, private, or musician.

It was determined in the negative.


The question on agreeing to the amendment proposed by Mr. Iiaynes
then recurring,
It w&sdecided in the negative, Yeas-.. _ _ - - - - _ _ _ _ _.
____ __ __ 6
Nays .-.-. - _ _ - ._ _ _ _ - . _ _ - . 16
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrq. rapes, Henry, Peyton, Spirrow, Semnier, and Simrns.
Those ~ 1 1 0voted in the negative are,
Mcssrs. 13arnmel1, Baker, Clay, Clark, Davis, Dortch, Hunter, ,Johnson, Lewis, Maxwell, Mitchel, Orr, Oldham, Phelan, J.Cgfal1. and
Yancey.

OI'RY 81cssIos.

MI.. 13arnmel1, from the. Cornmittce oii Financxc, to ~vhoni was


referred the bill (H. R.
to miend :in t w t Ciititlpd
act to rcgulate the cornpciis:~tiori o f incnihcrs o f C'ongrcss," ctc.. rcyortcd it
mi thout anicntlinc~nt.
The Senate pi*oceeclecl,a\ in Coniniittce of tkw \\'holta, to thr consideration of t h e bill (1. li. --) 1 : L d iiicntioncd; :ind 1 1 o :tincndnmit
being niade, it was reported lo the Smat,c..
W . ? e ~ e d , That it pnsr to n third rending.
The said l d l m:is read the third lime.
Recsol'vrc7, 'i'hnt it pas".
Orclwcred, T h a t thp Secretary inforin ilic IToiist o f 1tcpesent:Ltives
thcrcof.
nlr. Ihvis. from th(t Coimiiittcc on Claims, to whoni wis referred
thc joint rcsolution (11. li. -- ) for thc relief of Capt. Hen. Dcsha,
reported i t wit5 m i :tniendincnt.
The Senate p i w e c d d , its in Conirnittee of the Whole, to the consitlcration of the resoltition (13. B. -) last mentioned; :md the
rcported :~tnendnicnt h:ir-ing been agrccd to, the resolution mas
rcportcd to t h e Sciiatc and the anicndmei~tI\-as conriiri
O d w c t l . That tlw amendment he cnerosscd : ~ n dthc
a third time.
'I'hc said resolution as :tmended was read a third time, :tnd the

->

~rsozve~z,

TLat this resolution pass, with :in amendment, and that


$he title thereof be A joint resolution for thc relief of Capt. Ben.
Desha.
Orda&, That the Secretary request tho concurrence of the Hoase
of Representatives in the amendment.
0 1 1 motion by.&I
Sparrow,
Ordered, That the Committee 011 Military Affairs be discharged from
the further consideration of the resolution in relation to increasing the
monthly p3y of volunteers.
&lr.Sparrow, from the Coinniittee on Military Affairs, to whom was
referred the bill (1.B. -) to amead a n act entitled .An act to increase
the Corps of Artillery, and for other purposes, approved August 21,
3861, reported it without amendment.
A[r. Preston, from the Committee on Military Affairs, to Tvhom
was referred the bill (H. R. -) to provide f o r the payment of officers
of the Virginia militia for services rendered, reported it without
amendment.
On motion by Mr. Johnson,
The Senate resolved into secret legislative hession.
The doors being opened,
Mi,. Yhelan, from the committee, reported that they had examined
and found truly enrolled the following hills and joint resolution:
H. R.-. A bill to authorize the Secretary of the Treasury to pay
district collectors in certain cases;
8. 20. A bill to provide further payment of iiiusicians in the Army
not regularly enlisted;
S. 35, A bill to increase the number of depositories of public funds;
and
S. 8. A joint resolution of thanks for the Tictory at Shiloh, Tenn.
A message from the House of Representatives, by Xr. Lamar:
$It-.President: The Speaker of the House of Representatives having Figned an
enrolled bill and a n enrolled joint resolution, I am directed to bring them to the
Senate for the signature of their President.
The tlonse of 1Zepresentatires have passed the following bills and joint resolutions,
in I\ Iiich they request the concurrelice of the Senate:
11. R.
A bill to amend the laws relative to the compensation of the attorneys of
the Confederate States;
11. It.
A hill to authorize the Secretary of War to divide the appropriation for
thc? contingent expenses of the War Department and the Army;
11. R.
A joint resolution of thanks to Gen. H. 13. Sibley and his command,
for gallant conduct; and
11. It. -. A joint resolution of thanks to the officers and crews of t h e Patrick
Henry, Jamestoii 11, Teaaer, and other vessels.

-.
-.
-.

The bill (1. R. -) to authorize thc Swretary of War to divide the


appropriat ion for thc con tingent expenses of the War Departmen t
tlnd the Army, was rcvul the first and second times and referred to the
Coniniittce 011 Military Aflairs.
lhc joint resolution (11. 11. - ) of thanks to Gen. 11. 1. Siblcy arid
his c.oinnit~nd\.\.as yead the first and second times and considered RS
iu Coririiiittce of the Whole; and no amendnierit being made, i t was:
reported to the Senate.
OrcEowf, Chat it pass to a third reading.
Tho said rosolntion was read the third time.
Resolvcd, That it pass.

Apr. 11, 1862.1

SENATE.

151

Oidwed, That the Secretary inform tho XIouhe of Hcpresentatives


thereof.
The joint resolution (H. It. -) of thanks to tho oficers and crews
of the Patrick Henry, Janicstowii, Tcazcr, md other ve
lant conduct \VRS read tho first ~ t n dsecond tinws and considered as
in Committee of tlie Whole; and no nineuclnicnt being made, it \\as
reported to the Scnate.
C)lyjlpwd, That it pass to :L third wading.
The said resolution was r ~ i the
d third tinic.
Besolvetl, That it pa\*.
OrcZewd, That the Yeci.etq inform the IIoiihc of Itepresentntires
thereof.
The bill (H. It. -) to amend the laws relntirc to the compensation
of the attornej-s of tlie Confederatc States was read the first and second
times and referred to tho Committee o n the Judiciary.
Mr. Yhclan, from the coninlittee, rcbport:d that the?. had examined
and found truly enrolled the follon i i y bill :tnd joint rcmlution:
H. B. --. A hill for the organization of a corpq of ofticers for the
Tvorking of niter caves :tnd wtatblishing n i t w beds.
R.It.
A joint imolution of ~ h a n l c sto thc p:~triotic wonreti of
the country for voluntary contributions f urnished 1)s them to the
Army.
The Senate proceeded, as in Committee o f the Whole, to the considemtion of thc bill (11. It. -) to encour:tge the iu:inuf:icturt~of saltpeter
an(\of small arms; and the rcportcd an-rendinc~i~t
having I)ccn ~ ~ g r c cto,
cl
thc, bill
_ .was reported to the Senate :tnd thc :tniendmcnt was concurrtd 111.
Orclired, That thc,amenclmcnt be engrossed xnd the hill read a third
tinic.
Tlie said bill was read thc third time a>nmentlcd.
ZZesuZvcd, That i t pass, with an anicndnient.
Ordtred, That the Hcci*ettryrcqucst thc conciirrcncc of tho Ilouse
of Rcprewntativcs i n tlie anirndruent.
The Fenate procccdcd, as in Cotn~i~ittcc
of tlic TVhoJc, to the (viisideration of the bill (1% It. -) to proniotc tlic c4icicncy of t h e Medical
Drpartrricnt of the Army.
Aftcr dcbate,
0 1 1 motion by Mr. Sparrow,
O i d m t ? , T ha t it lie upon tho tnblc.
Mr. Ihelsn, from the coiriniittw, iqmrtetl that thcy h:til cwmiucd
and found truly cwrollcd tho bill (11. 1L. - ) to providc furthcxr ~ ~ t n
for the support of the (;ol-ei*nniciit.
T h c Senate proceeded, as i n Conimittw of the IVholc, to the c o i i d cl*iltiotlof the bill (11. 12. - ) to 1.cg111atethe c.ompons:ition of tX(>puty
postn1asters.
Aftcr debate,
On motion by Mr. tJohnson,
Otdetwd, That t h o further consideration of the bill I)o postponed.
11 message froin the Iresident of the Confedcl.:ito St:Ltes, 1 ) 11r.
~
13. S. JIarrison, his Secretary:

-.

llh Pwqident. T h o Irrdent of the Coiifederatc States, 011 yrstrrtlay, a1)prwed :411d
signed t h e folloivlrlg eiirollctl bill:
8. 17. An act to encourage cnli3tincnts 111 tlic Corps of Xarmer.

JOGRNAL O F TFIE

[APT. 11,1862.

41~.
Phelan sublll jttcd the following resolution; which wa5 considered and agreed to:
&soloed, That the Committee on &Iilitary Affairs he inStrLlCk!d to inquire into the
expediency of enlihting a certain iiuiiiber of cooks for each company in t h e Army, Or
Of lrlaking ~0111eother provision by which the S0ldieI-S lllay be rehe\ ed from the p r e p
aralion of their own food, and paid service perforiuetl by persons specially einploye(l
for tllat pulpose. Alho, that the committee inquire into the expediency of obtairlillg
t h e services of slaws for that pnrpose.

The Senate proceeded to consider the aniendment of the House of


Representatives to t h e bill (11. R. -) to legalize the acts of the district
attorney, marshal, and deputy marshals of Tenncsyec : and
Resolved, That they concur therein.
O,&fze(l, That the Secretary infomi the House of Representatives:
thereof.
On motion by Mr. Sparrow,
The Senate resolved iuto executive session.
The doors being opened,
e following message was receired froin the Prcsiderit of the Conate States, 1 9 7 Xr. B. X. Harrison, his Secretary:
EXECUTIVE
DEPART\lE\T, if3oT;l 11, 186.2.
To Ihe Senate ciizd rouse o j Representatives:
. I henewith transmit to Congress a report of the Postmaster-General, supplementary
to a report previously submitted, and covering certain dwonients relative to frauds
perpetrated 011 the revenuep of the Post-Office L)rpartnmit by the Southern ISxpress
Company.
I rec*omn~endthat the suggested alteration of the existing la\\ s receive thc careful
attention of Congress.
JISFFERSOS DAVIS.

r y

I he message was read.


O/*cLwed, h a t it be rcferrrd to the (hnmittce on lost-Offices and
lost-ltoads
: ~ n dprinted.
,,
1he following rricssage W:LS received from the President of the Confederate States, by Ma. 13. s. Harrison, hih Secretary:
ICXECUTIVE ~ l d . i R T \ I E Y l ,

-t?lr;l 10, 186?.

TOilteSennte ctnd Ifozise of Representdices of the Coiifedercctu StCilrrtpp:


1herewith transmit to Congress a coiniiiunication froin tlie Sccretai y o f tlie Kary,
covcring a detailed report of Flag Officer Huc~hanan,of the 1)rilliarit trinirlph of his
sqnadron over the vastly superior forces of t h e enemy, in IIamptoii Road?, on the
8th and 9th of March last.
JEFFEIZSOS DAVIS.

Thc message was read.


O.l&c?wl, That i t lie on the tahle and be printed.
The President pro tenipore having signed the following enrollcd 1)ills
:ind enrolled joint resolution, they were delivered to the Secretary of
the Senate, and by him forthwith presented to the President of the
Confederate States for his approbatiorl:
11. R. --. A bill to provide further means for the support of the
Co\-crn1ncnt;
11. It.
A bill for the organization of a corps of officers for the
Working of niter Caves: and establishing rliter beds;
11. B.
A bill to authorize the Secretary of the Treasury to pay
district collectors in certain cases; and
H.11. Joint resolution of thanks to the patriotic women of the
courltry for vohlntary contributions furnished by them to the Army.
On
niotion hy Mr. Burnett,
r i
I h e Senate adjourned until to-nmrrow niorriirig at la &lock.

-.
-.
-.

Apr. 11,1862.1

SENATE.

153

SECKR? SESSION.

Lhc Senate resumed, as in Committee of the Whole, the consideration of thc bill (s.32) to raise an army for the Confederate States of
America, and to niahc rules for the governniciit : ~ n dregulation thereof.
On the question to ngrcc to the nmcndmcnt proposed to the bill by
Nr. Yancejr, Mr. Ibis haring withdrawn hi.: amcndmcnt thereto,
On motion by M r . Sl):~rrow,that the
It was deteiminetl in tlit affirmative,
On motion by N r . Yancey,
The yciis m d naj-s being desired by one-fifth of tllc ScwsLtors present,
Tliosc who voted in the attirmative are,
Messrs. Iiarnwcll, h r n e t t , Clark, Davis, I)ortcii, Henry, Hunter,
Johnson, Lewis, Orr, Ihelan, Pcyton, lrcston, Sparrow, Setnnies,
Simnis, ant1 Wigfall.
Those who voted i n the negttire arc,
Me s r s . 13aker, Clay, Inyiiw, Hill, l l n s ~ ~ dMitchcl,
l,
Oldhain, and
Yancey.
On motion hy Mr. Olcthaiii, t o anicnd thc bill by inswting:
SCC.-. Be i t . f z w t l i e ~emtcfed, That thc provisions of the first section of this act,
relatiiig to the election of officers, shall apply to thobe regiments, brtttnlions, and
sqnndrons v hicli are c-oinpoeed of twelve iiiniitli- mil M ar iwinpaiiie= coinbined in
the same organbation, N ithout regard to the manner in which the officers thereof
were oi ipinttlly appointed,

It W : L ~determined i n the affirmative.


On motion by Mr. IVigfdl, to amend the bill hy inserting:
Sec -. That each c*oinpny of infaiilrv sliall consist of one Iiulidrrd and tsentyfive, rank and filc, each tonipany of field artillery of on(% liiintlretl a11d filty, rank
ant1 file, and c.ach of caraliy of eight>, rank and file,

It was deterniiiiecl in the n%rmati\-e.


On motion by Mr. l h k e r , to amend the bill by inserting:
SEC.-. All persons subject to enrollinerit, who are not IIOW in the service, under
the provisions 01 this act, hall br p w i r i i t t c ~ t l ,~ ) r c ~ i oto
u ssnvli enrolliiimt, to .iFolunteer i n compaiiics now i n t h e ?err ice,

It was detcrmined in the nfirnintirc.


On motion by Mr. O n , to aniend the bill t)y &Iring out all after the
enacting clause and inserting:
That the Prebident is authorized to increase the niilitary force now employed in
t h e service of the Confederate States to PIS hnndrcd thoustiid in manner following:
Thc SecretarF, of IVar ihall, nnder the direction of t hc lresitlmt, aswrtain a d estabtlie .quota o t each State, and dial1
, upon tfic. I)aiis of their niiite 1
service, ant1 the tlefkit shcll be snpnct tlicrrfroiri the nmnl)c~rof w l i l
tlir executive authorities of eac 11 of
tl 1)) thc frccitlrnt niakiiig a reclri
1 diould the said quota not be filled
tl1c btateq to h I l J ) l > l Vtile qnot
at the espir:ttioii oi t h i r t j (la
Iic riotic~,as aforrsaitl, then the President shall,
i ) y procl:iiii,ition, ( a l l out tli
in such State betnwn tlie ages of c.igliteen :ind
forty yearb, and continiie bait1 niilitia in rer\ icac d i i r i n ~the \tar, uiile~., in the judgnient 01 tlie lresitlent, thcy can be Sooner dijljanded without detriment to the public

scrviw.
S E ~2.. And be il jiwt1zer enctctd, That thc President is authorized to sllpply the
places ot such troops whose teriii of service expires beiore the close of t h e war, and
who do not reenlist RS hereiiibefore provitlerl, iiret, by recpisition upon the cxemtive autliorities of each of the States, a i d in the event of their.failure to supply their
qiiotac, respectively, then hy calling out the iiiilitia ah aforemid.
SCC. 3. And be it furthrr m n c t e d , That if, from aiiy cause, the quotx of ariy of the
States ciin not be supplied b y rcxrinici tion ulmn the executive authorities of such

154

aOtJRNAL OF THE

[ A w . 11,186~.

States, nor by calling out tlic militia. tLc1 Irccitknt is Ruthorized to s11p1)lytlir (1eficit
from the other States, zw provided i n the first vxtion of thi. act.
sEc.4. And be i t further enacted, That M hen the niihtia. 111ny be called out under
the provisions of this act, substitutes niay be received urider sneh regulations as may
be prescribed by the Secretary of War, subject to the approval of the President.
sEcC.
5. And be it further enacted, That the President is hereby authorized t o retain
in the service for a period of six months, if the military exigwcies, i n his judgniellt,
require it, all the regiments of volunteers, with their present or&zation, after the
expiration of their present term of service: Provided, That they may be sooner discharged if the safety of the country will warrant it, or their
the States from which they respectively come: And protided
ment, battalian, squadron, company, or legjon so retained 11
thirty days after t h e expiration of their original term of s e n ice, ieorganize for tv 0
years or the war, electing their own oificers, field and company, according to existing law, and when reorganized, all promotions shall be made hv Peniority, except
that company officer8 of the lowest grade shall be elected by the officersand soldiers
of the company, respectively.
SEC.6. And be i t further enacted, That all volunteers reenlisting and reorganizing ag
aforesaid, shall be entitled to furloughs for sixty days a t as early a period as, in the
judgment of the President, the exigency of the public service may TI arrant.
SEC.7. And be it further enacted, That whenever t h c A m y of the Confederate States
may be reduced without injury to t h e public service, t h e President shall first relieve
from duty such of the officers and soldiers of the twelve months volunteers as have
already reenlisted or may hereafter reenlist for the war,

. - _ _ _ . _ _ _ . .
7_ _
It was determined in the negative, j( Yeas
Kays - - _ _ _ _ _ _ . _
_.
__.
. _ . 17

On motion by Mr. Orr,


The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Kill, Lewis, Orr, Oldham, Phelan, and Pcyton.
Those who voted i n the negative are,
blessrs. Barnwell, Burnett, Clay, Clark, Davis, Dortch, Haj-nes,
Henry, Hunter, Johnson, Maxwell, Mitchel, Preston, Sparrow,
Serrtmes, Wigfall, and Yancey.
No further amendment being made, the bill was reported to tlie
Senate and tho amendments were concurred in.
(Irdered, That it be engrossed arid read the third time.
The said bill was read the third time, and the title was amended.
On the question,
Shall this bill pass?
It was determined i n the affirmative, yeas- - - - - - - - - - - - - - - - - ( Nays
_..._.-5.
On motion by Mr. Orr,
The yeas and nays being desired by one-fifth of the Senators present,
Those wlio voted in the nfirinative are,
hlessrs. 13nrnwel1, Baker, Burnett, Clay, Clark, Davis, Dortch,
Haynes, IIenry, Hunter, Johnson, Maxwell, Phelan, Peyton, Preston,
Sprtrrow, Sernmes, W igfall, and Yancey.
Those who voted in the negative are,
MCSS~S.
Hill, Lewis, Mitchcl, Orr, and Oldhanl.
So it was
Besolwd, That this bill pass, and that the title thereof be An wct
to further provide for the public defense.
Ordeyecl, That the Secretary request the concixrrence of the House
of Beprebentatives therein.
On motion hy &Ir.Burnett,
The Senate resolved into open legislative session.

Apr. 11,1862.1

SENATE.

155

EXECUTIVE sY:SsIOhT.

M r . Sparrow, from the Coniinittre on Xilitary Affairs, t o whom


referred (on the 5th instant) the nomination of J . P. Flcmellen, to
bc a major in the P r o \ ihional Ainiy, reported, with the reconilnendation tliat said nomination I)e confirnmcd.
\v hercupo11,
12(wd?wl,That the Sen:Ltc advise m d consent to thc appointment of
J . 1. Flewellen, to hc :L infijor in thc li*o\-isiond Ar.m\-. :igrccn1)]y to
t l i e n oniina t i on.
Mr. 8p:~rrow.froiii thc Committee on J1ilitai.y Affairs, to n-hom was
r e f c u d (on tfic 11th of 3Inr*c3h)the noniinatioiiof L. 91. IVaIker. to be
a brigadier-general in tlic Provisional Army. reported, with the
recommendation that said noniinntioii l)c confirmed.
Whereupon,
Besolucd, That the Senatc ndrisc and consent to the appointment of
L. X. RT~llter,to bc a brigaclicr.-~(:iic1.alin the Provisional Anny,
agreeably t o tho no111iniition.
Mr. Spz~rrow,from the Coininiltec on Military Affairs, to whom
wai referred (on the 1 9 t h of A h r c h ) tlic ~ioiniiriitionof M. L.Smith,
t,o 1)e a brigadier-grneral in tlic lrorisionul hrniy, rclmrteci, with the
rccommcndation that said nomination 1 ~ cconfirmed.
Whereupon,
ZLesolrI, That the Senate advise and consent to the appointment of
31. L. Smith, to be a brigadier-general i n the Provisional Army,
agrceahly t o the nomination.
A h . Hill, from the Committee on the Judiciary, to whom mere
refewcd (on the 29th of March) the nomination of Wade Iceyes, of
Altibaina, to be Assistant Attorncy-~:encral;Rufus R. Rhodes, of
AIissishippi, t o be Commissioner of Iatents; and George 13;. TI. Kelson, of Georgia, t o be Superintendent of Iublic Yrinting, reported,
with the recoinmendation that all of said nominations be confirmed.
Whereupon,
2zrsolued7 That the Senate advise and consent to the nppointmcnt of
Wade Keyes, to be Assistant Attorney-Crcnc.i,:il; Rufus It. Rhoiles, t o
be Commissioner of Patents; arid Gcorgc E;. 11. Xelhot~,to be Saperintendent of Public Printing, agreeably to their rcspcctire nominntions.
Mr. Hill, from the Coninlittee on the ,Judiciai.y, to whom mere
referred the following nominations, viz:
1) i l s

JOURNAL O!?

TEE

[ h r . 12, 1862.

with the recommendation that d l of said nominations be

Senate advise and consent to the appointment of


Daniel Ringo, Granville Wilcox, William M. Randolph, ,James M.
Brown, John G. Halliburton, Chandler C. Yonge, Elirts 1:. BlackAlexander M. (Jayton, Carnot PoSey, William El. 1 [. 'risen,
i gs, George V. Strong, Wesley Jones, Andrew G. >Iagrath,
James onner, Daniel H. Hamilton, James D. Halyburton, John W e
Bro&enbrough, Patrick H. Aylett, Fleming 1% &filler, ,John F.%7iley,
and Jefferson T. Martin, agreeably to their respective nominations.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.

t!

SATURDAY, APRIL 12, 1862.


OPEN SESSION.

Mr. Lewis submitted the following resolution for consideration:


Resolved, That the Quartermaster-General be requested to furnish to the superintendent or president of any railroad company who may apply therefor, a statement of what goods, wares, merchandise, and commodities hare been shipped or
transported over their roads on account of the Government of the Confederate States,
and that he furnish any proofs which may be in his possession or under his control,
tending to show what parties were authorized by lav or contract to ship said goods
and commodities for said Government over said roads.

The Senate proceeded to consider the said resolution; and


After debate,
On motion by Mr. Rixmett,
Ordered, That it be referred to the Committee on Military Affairs.
Mr. Burnett siubuiitted the following resolution; which was considered and agreed to:
Resohed, That the Committee on Military Affairs be instructed to inquire into the
propriety of authorizing the President to receive irregular troops for detached serx4ce.

Mr. Oldham presented a device for a Confederate States flag,


designed by Lucien Hopson; which mas referred to the Committee on
Pla and Seal.
Sparrow, from the Committee on Militarv Affairs, to whom
was referred the bill (H. R. -) to authorize the secretary of War to
divide the appropriation for the contingent expenses of the War
Department and the Army, reported it without amendment.
Thc Senate procrcded, as in Committee of the Whole, t o the consideration of the bill (11. I<.-) last mentioned; and no amendment being
made, it was reported to the Senate.
Ordmd, That it pass to a third reading.
Tho said bill was read the third time.
iTZesoZ?;ed, That it pass.
OwZerwL, That the Secretary inform tho House of Representatives
thereof.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred the bill (S.37) to discourage drunkenness in the Army,
reported it with amendments.
1Mr. Hill, from t,he Committee on the Judiciary. to whom was
referred the bill (1-1. it.-) f o r the rclief of Carolinc Miller and her
children, reported it without anic~ndrncnt.

8r.

A,

11, iob2]

157

SENATE.

Tilo Ycnatc proceeded, as in Committee of tlic Whole, to tlie consideration of the hill (H. R.--) last mentioned; and no amendment heing
1113de,it T V X ~reported to tlie Senate.
Otdt~md,That it pass to a third reading.
The said bill was read thc third time.
Iirscllved, That it pass.
O t ~ L ~ e c That
l,
the Secretary inform the Ilouse of l<cprescntatiyes
thereof.
MI.. Hill, from the Committee on the ,Judici:try. to .cr.honilvas referred
the bill (13. X. -) to amend the laws relative to the compensation of
tile attorneys of tlie Confcdeiatc: Slates, reported it, with the reco111mendation t ha t it do not pass.
Mr. Seninies, from the Coininittcc on the Jiidiciary, to whom was
referred thc bill ($1. R. -) to enforce prompt returns froiii didximirig
officers mid agents, reported it with amendments.
On motion by MY. Orr,
OrdLi*ed, That the bill and an~endnicntsbe printed.
On motion by Mr. I h rn ett,
O ~ d w c d ,That- the further consideration of the resolution of the
House of ILepresentatiws, fixing a day for the adjournment of Congress, k~ in secret legislative session.
On notion by Mr. Spirrow,
The Senate resolved into secret legislative session.
The doors being opcncd,
On motion by Mr. Sparrow,
The Senate adjourned until Monday inorii in:: at 12 oclocli.
SECRET BESSIOS

Xr. B r o ~ n from
,
tlie Coniniittee on i\aral ,Iffairs, to whom was
referred a comiiiunicatioii from the Seuixtary of tlic Sayy i n relation
to the construction of iron-clad x els in I h q w , rcported
A joint resolution (Y. 3) authorizing tlic Sccrctary of thc Kavy to
contract f o r the construction, in Europe, of six ironclad vessels;
which mas read the first arid second times.
On motion by Mr. Yancey,
Ordered, That, it, lie on the table.
M r . Johnson submitted the following resolution: mhich mas considered and agreed to:
RPsolverl, That Iienceforth, all resolutions complimeutary or 01 tlianks, si~nli,hriore
action of the Senate thereon, be first referred to mine approprialc btandirlg coin inittee
01 the Senate.

On i r i o h n hy Mr. Ypsrro~s-.
The Senate proceeded to conrider the resolution of the House o i
Repwscntatims, fixing a clay for the adjournriient of Gollgrcsb; :tnd
having been amended by striking out day of April, anno Domini
eighteen hundred and sistj--two, and inqerting twenty-first (lag of
April, eighteen hurldred and sixty-two, a t twelve oclock meridian, to
meet again on the third ,Ifonday i n August ~icxt,it was agreed to.
On inotion by Mr. Hill, to reconsider the vote on the passing of the
said resolution,
A motion was made by Xr. Johnbon that it lic on the tshle; and
It, was determined in the iiegati\.e.
The question recurring on thc rnotior~to reconsider,
It was determined in t h t ncg:Ltix.

158

JOUXNAL O F THE

I A w . 12, 1562.

The Senate resumed, as i n Committee Of tho \VhOlC, the consideration of the joint resolution (H. R. -) authorizing the President to send
additional commissioners to foreign countries, and for other purposes,
After debate,
On the question,
Shall this resolution be read the third time?
It was determined in the negative.
So it was
Resolved, That the resolution do not pass.
Ordered, That the Secretary inform the House of Representatives
. thereof.
The Senate resumed the consideration of the resolution requesting
the President to instruct Mr. John Slidell, commissioner from this:
Government to His Majesty Louis Napoleon, Eniperor of the lirench,
to propose to His Majesty terms for a treaty of amity and commerce
between the tm.0 Governments.
After debate,
Ordered. That it he recommitted to the Committee on Foreign
"
Affairs.
Mr. Yancey ( b j leave) introduced
A bill (S. 41) to exempt certain ersons from enrollment for mrvice
in the armies of the Confederate tates;
which was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Semmes,
The Senate resolved into executive session.

sp

The following message was rcceivod from the President of the Confederate States, by A h . 13. N. Harrison, his Secretary:
EXECUTIVE
DEPARTMEST,
Richmontl, April 12, 1862.

To the &nde qf the Confederate States:


I nominate Braxtori Rragg, of Louisiana, to the rank of general in t h e Army of the
Confederata States, agreeably to the reconimendatign of the Secretary of War, to
take rank from the Gth day of April, 1862.
JEFFERSON DAVIS.

The message was read and considered by unanimous consent; and


R ~ o l v e t l ,That the Senate advise and consent to the appointment of
Braston Eragg, to be a general in the Army of the Confedcrnte States,
ngrccably to the noniiri at'ion.
The following-message was received from the President of the ConSedcrate States, by Mr. B. N. Harrison, his Secretary:
EXECUTIW
DEP2wrxI;I\fi,
Richmond, April 12, 1862.

To the Xmccle oj' the Confedemte Stated.


I nominate the officers on the accompanying list to t h e rank affixed to their names,

respectively, agreeably to the recoinmendation of t h e Secretary of JYar.

JEFFERGOS DAVIS.
DEL~M~TMEVT,
R i c h m i d , 11prd 12, 1860.

COSBEDERATE STAlES OF h X E R I C A , \vWaIt

SIR:I have the honor to reconiinend the followiiig nominations for appointment
in the Provisional Army of the Confederate States:

SENATE.

Apr. 14, 1862.1

159

l l ~ t c / ( ~ i lv-y(Ji?crci/q.
/i

Franklin Gardnei, to take rank April 11, 1862.


W.S. R. Beall, to take rank April 11, 1862, -irkanpap.
W. Y. Slack, to take rank April 12, 1862, JIissouri.
I am, sir, respectfully, pour obedient servant,
GEO. IV. RAXDOLPE-I,
Secretmy qf llcrr.
His Excellency JEFF. D LYIS,

I+esidenf,

PI

,.

The message was read.


Ordtmd, That il be referred to the Coiiliiiitteo 011 Military Affairs.
On motion by Mr. Spayrow,
The Senate resolved into open legislative session.

OlXS IESsZOS.

Air. Sparrow submitted tiic f o l l o ~i i i


ered and agreed to:
Resolved, That t h e Conirnittre on Financc he in%ructcd to inquire and report what
provision, if any, is made by law for the compensation of those who have, under the
appointment and dircction of t h e Confederate Governnicnt, made the assessment of
the war tax in those States which have assumed thc p4pnent thereof
Resoloed f u r t h e r , That if there is no law providing therefor, then said committee
inquire into the propriety of passing a lan for that purpose, making the compensation depend i n some degree upon the amount of t h e assessment rcturned by each
assistant collector; and that the committee report by bill or otlierwise.

Mr. Dortch submitted the following resolution; which was considered and agreed to:
Resolced, That the President he 1 cquestetl to c~nn~nunicatc
to the Srnate, if not
incompatible u i t h the public interest., the report of tien. L. 013.
Branch, oI the
battle of Xtmbciii, S . C.

Mr. Orr (by leave) introduced


t:,tivw of Snrnncl M.
A bill (S. 42) for thc relit4 of the legal r e p
utlz Carolina Volun-,
Wilkes, late adjutant of the Foitrth Kcginie
tters;
which was read the first and second tiiiies :inti referred to the Committee on Military Affairs.
M r . Clap, from the Committee on Comincrce, to whom was referred
the followirig l d h :
1-1. R. -. A bill making hiigustx, (h..:t port, of dclivcry for p o d s
iinportcd into Charleston, S. C.; ajitl
H. 1L --. A bill toincrease tho facilities for importing god)ds, \\UICS,
and merchandise into the ports of the Corifcderalc States,
rcportcd th e sitiiic without ainendmcnt.
The Serlatr p?roceedcd,~ c inj ComiiiiLtcvJ of the \\hole, tlo the consideration of the bill (13. B. --) to proride for the payment of ofEiceis of
the Virginia militia for service5 rclndured; and no amendment being
made, it was reported to thc, Scixttp.
Ordered, That i t pahs to a third reading.
the third time.
The said bill was
R 0 s o l ~ ~ That
2 , it
OmZwed, That the Secretary inform the House of Repreaentativea
thereof.

the-Senate.
O r b e d , That it pass to a third reading.
The said bill was read the third time.
Besolwed, That it pass.
Ordered, That the Secretary inforril the House of Itcpresen tatiires
thereof.
A message from the House of Representatives, by Xr. Ford:
Jfr. President: The House of Representatives haye agreed to an aiiiendiiieiit of the
Senate to a bill (H. R. -) to authorize the einploymeiit of clerks a t the ofice? of
the Treasurer and assistant treasurers.
They have agreed to a resolution of the benate appointing a Joint Co111111ittecon
Enrollment, and have appointed on their part Mesm. I:lliott, Chambers, and Tihbs.
The Speaker of t h e IIouse of Representatives having signed sundry enrolled bills,
I am directed to bring them to the Senate for the signature of their President.
The House of Representatives have passed a bill of the Senate (8.38) authorizing
the issuance of Tremnry notes under the denomination of five dollars, with
ainendmen ts ;
I n which amendments they request the concurrence of the Senate.
They have also agrccd to the joint resolution of the Senate (S. 6) directing how
prize money shall be paid in certain cases.
And have pawed the following bills and joint resolution.
H. R.
A bill to authorize the appointment of officei- nf arti1lc.r s i i t h r Provisional Army;
H. R. -. A bill to increase the Corps of Hnginrrrs of the Proiisional - h i > ;
H. R. -. A bill to organize a signal corps;
H. R. -. d bill regulating the tees of clerks, and for other purposek;
H. R. -. A bill to limit the compensation of clerks, marshal?, and tli<tric.t attorneys of the Confdwate States;
H. R. -. h bill regulating the fees of marshals, and for other purposcs;
H. It. -. A hill to regulate the collection of the war tax in certain States invaded
by the enemy; and
H. R.
A resolution of thanks to Major-benerals ITan Dorn and Irict,, and the
officers and mcn under their command, for their yalor, skill, and good condiict in
the battle of Elkhorn, and of respect for the memory of Generals NcCnlloch and
McIntosh;
In which bills and resolution I am directed to ask the concurrence of the Senate.

-.

-.

The Prcsident pro tcmpore having signed the enrolled bills hcretofore reported to have been examined and this day signed by the
Speaker of the House of 12cpresent&ircs, they Fere delivered to the
Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approbation.
The Senate roceeded, as in Committee of the Whole, to the consideration of t e bill (S. 29) to ainend the several acts in relation to
the pay of chaplains in the Army; arid no amendment being made, it
was IC orted to tlic Senate.
on t t c question,
Shall this bill be engrossed and read a third time!
It was determined in thc affirmative, Yeas- - - - - - - - - - - - - - - - .
{Nays _ _ _ _ _ _ _ _ _ _ - _ _ . _ 6
On motion I)y Mr. Clay,
The p a s and nays bcing desired by one-fifth of the Senators present,
Those who voted i n the aflirmative are,
Messrs. Barnwell, Baker, Davis, Dortch, Haynes, Henry, Hill,
Johnson, Maxwell, Mitchel, Orr, Phelan, Peyton, Preston, Sparrow,
Sinims, Wigfall, arid Yancey.

161

SENATE.

Apr. 14,1862.1

Those who voted in the negative are,


Messrs. Brown, Rurnett, Clay, Hunter, Leivih, : i d Oltlhmi.
So it was
Ordered, T ha t this bill be engrossed aiid-rc:~dit third t h e .
The said bill Kas read the third time.
Besohed, That i t pass, and that the title thereof hc as aforesaid.
Ordered, That the Secretary request the concurrmcc of tho House
of Representatives therein.
The Senate resumed, as in Committee of the WIlole, thc consi(ier:Ltion of the bill (I. R. -) to regulate the coinpensation of deputy postmasters.
After debate,
On motion by Mr. Johnson,
Ordered. That it lie on the table.
The Senate proceeded to consider, as in Corninittee of tho Whole,
t h e bill (T-I. R. -) to amend the laws relative to the coui ensation of
the attorneys of the Confederate States; a i d no amen inent being
made, it was reported to the Senate.
On the question,
Shall this bill be read a third time?
It
determined in the negative.
So it was
Resolved, T ha t the bill do not pass.
Ordered, That the Secretary inform the IIorise of ILcpr
thereof.
The Senate resiimed, as in Committee of thc Whole, thc considoration of the bill (H. R. -) to promote the efkiency of the Mcdical
Departxilent of the Arniy; and
After debate,
On motion by Mr. Sparrow,
Ordered, That it lie upon the table.
On motion by Mr. Barnwell,
Ordered, That the bill (11. R. -) to admit imports duty free, except
such as may be imported from the United States of America, bo transferred to the Secret Legislative Calendir.
On motion by Mr. Hill,
Ordered, That the bill (H. R. -) to increase the facilitics f o r importing goods, mares, and merchandise into the ports of the Confederate
States, be transferred to the Secret Legislative Calcndar.
The Senate proceeded, as in Committee of the Whole, to thc consideration of the bill (11. It. -) nialiirtg Augusta, Ga., a port of delivery for goods imported into Charleston, S. C.: and no amendment
being made, it was r e p o h d to the Senate.
Ordered, That it pass to a third reading.
The said bill was read a third time.
On motion b.y Mr. Clay.
O7dered, That it lie on the table.
The Senate proceeded, as i n Committee of the Wholc, to the consideration of the bill (S.37) to diwouragc dJ-unltcnnes:,in the Arnly.
0 1 1 the question to agree to the following reportcil amendluent, vis:
In the first line of the first section, after the word any, insert the
word commissioned,
It was determined in the affirmative,

1x7~s

C J-VOL

2-04-11

162

JOURNAL O F THE

[Aw.14,1862

On motion by Mr. Orr, to amend the bill hy striking out the words
either whilst on or off duty, in the third line of the first section, and
inserting in lieu thereof the words while on duty or in camp,
Yeas-. .
.
- - _ 15
It was determined in the affirmative, N ~ ~ . , . ~ - - - _
g .

On motion by Mr.Clay,
The geas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown. Burnett, Clark, Davis, Dortch, Hayne,., Henry,
Hunter, Maxwell, Mitchel, Orr, Ihelan, Peyton, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Clay, Hill, Johnson, Lewis, Preston, Sparrow,
Semmes, and Yancey.
On the question to agree to the following reported amendment, viz:
Section 1, line 4, strike out the words of inquiry and insert the
word martial,
.- .
- .__._
0
It was determilied in the negative,
. ._
. - _ _ _
_ _ 24

On motion by Mr. Clay,


The yeas and nays being desired by one-fifth of the Senators present,
None voting in the affirmative,
Those who voted i n the negative are,
Messrs. Barnwell, Baker, Brown, Burnett, Clay, Clark, Davis,
Dortch, Haynes, Henry, Hill, Hunter, Johnson, Lewis, Maxwell,
Mitchel, Orr, Oldham. Phelan, Peyton, Preston, Semmes, Wigfall,
and Yancey.
On the question to agree to the following reported amendment, viz:
Section 1,line 6, strike out the words and disqualified forever thereafter from holding office under it,
Yeas
_ . . 21
It was determined in the :ttErmative, { N
ays . . - - _ - - - 3
On niotioii b Mr. Hill,
The yeas ~ n nags
c
being desired by one-fifth of the Senators present,
Those who voted in the :tffirmative are,
Rlessrs. Barnwell, Brown, Burnett, Clark, Davis, Dortch, Haynes,
Henry, IIuntcr, Johnson, Maxwell, Mitchel, Orr, Oldham, Phelan
Peyton, Preston, Sparrow, Serrirnes, Wigfall, and Yancey.
Those who voted in the negative we,
Messrs. Clay, Hill, and Lewis.
On motion by MI.. Davis, to amend the hill by striking out, in the
first section, all d t e r the enacting clause and inserting:
~

That any commissioned officer of the Regular or Provisional Army who shall be
found drunk, either while on or off duty, shall, on conviction thereof before a court
of iilquiry, be cashiered or suspended froin the service of the Confederate States, or
be publicly reprimanded, accordin to the aggravation of the offense; and i n addition
to a sentence cashiering any such o&cer, he may also be declared incapable of holding
any military office under the Confederate States during the war,

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


Those who voted i n the affirmative are,
Messrs. Rarnwell, Raker, Clay, Davis, Dortch, Haynes, Henry, Hill,
Johnson, Iicwis, Naxwell, Mitchel, Oldham, Phelan, Preston, Sparrow,
Senimes, and Yancey.

Apr. 14,1862.1

SENATE.

163

Those who voted in the negative are,


Messrs. Rurnett, Clark, Hunter, Orr, Peyton, and Wigfall.
On the question to agree to the following reported amendment, viz:
Section 2, line 4, after the words intoxication of,,, insert the word
commissioned,
It was determined in the affirmative.
On the question to agree t o the following reported amendment, Triz:
Section 2, line 7, after the word officer, insert the words of the
division ,)
A motion was made by Mr. Clay to amend the amendment by adding
thereto the words o r brigade to which said post, regiment, o r corps
belongs; ? and
It was determined in th e affirmative.
On the yiiestion to agree to the amendment as anicndcd,
- - - - - - - -- - - - - - - - - - - l9
It wad deternlincd in the affirmati\re, YeasNays
.......___
4_ _
On motion by Mr. Senimes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Baker, IJrowii, Davis, Dortch, Haynes, Henry,
Hunter, ?Tohnson?Maxwell, Mitchel, Orr, Oldham, Yhelan, Peyton,
Preston, Sparrow, Semmes, and Yancey.
Those who voted i n t,he negative are,
Messrs. Burnett, Clay, Hill, and Lewis.
On motion b_v Mr. Sparrow, to amend the bill by inserting, section
2, line 7, after the word made, the words t o report the same to
the officer corninanding the brigade or division, who shall?
It was determined in the affirmTt
lye.
On motion by Mr. Phelan, to amend the bill by inmrting after the
word officer, section 2, line 5, the words o r which shall be brought
to their attention by information in writing, signed by the party making
the charge,
On motion by Mr. Seniines, that the proposed amendment lie on the
table,
Yeas . . _ _ ._ _...
_
.
.
.. -_.. 14
I t wats determined in the affirmative, Nays - .
On motion by Mr. Phelan,
The yeas and nays being desired h_vone-fifth of thc Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Hurnett, Clark, Davis, Haynes, Hunter, Msxwell, Mitchel, Orr, Oldham, Peyt,on, Preston, Sparrow, and Sernmes.
Those who voted in the negative are,
Messrs. Baker, Brown, Clay, Henry, fljll, ,Johnson, h w i s , Yhclan,
M7igfall, and Yancey.
So it was
Ordered, That the- amendment: proposed by Mr. Phelan lie on the
table.
No further anieridinent being made, the bill was J*eported to the
Senate and the arrieiidments made as in Committee of the Whole were
concurred in.
Oydwed, That it be engrossed and read a third time.
The said bill was read the third time, and the title was amerded.
.Eesolved, That it pass, and that the title thereof be An act to punish
drunkenness in the Army.

-i

164

JOURNAL OF THE

[&x.15,1862.

Or&ped, That the Secretary request the conourrerice of the House


of Representatives therein.
On motion by Mr. Clay, that the vote on the passing of the bill last
mentioned be reconsidered,
It was determined in the negative, Yeas
Nays-_--.. _
- - _ _ ._
_ _ _ _ _ _ _ _ ..- 18

On motion by Mr. Wigfall,


The yeas and nays being desired by one-fifth of the Senators present,
Mr. Wigfall voted in the affirmative.
Those who voted in the negative are,
Messrs. Barnwell,. Baker, Brown, Clay, Ilaynes, Hill, Hunter,
Johnson, Lewis, Mitchel, Orr, Oldham, Phelan, Peyton, Preston,
Sparrow, Semmes, and Yancey.
So the Senate refused to reconsider.
The following bills and resolution were read the first and second
times and referred to the Committee on Military Affairs:
H. R. -. A bill to authorize the appointment of officers of artillery
in the Provisional Army;
H. R. -. A bill to increase the Corps of Engineers of the Provisional Army;
H. R. -. A bill to organize a signal corps; and
H. R. -. A resolution of thanks to Major-Generals Van Dorn
and Price, and the officers and soldiers under their command, for their
valor, skill, arid good conduct in the battle of Eikhorn, in the State of
Arkansas, and of respect for the memory of Generals NcCulloch and
McIntosh.
The following bills were read the first and second times and referred
to the Committee on the Judiciary :
H. R. -. A bill regulating the fees of marshals, and for other
purposes ;
H. 11. -. A bill to limit the comDensation of clerks. marshals. and
district attorneys of the Confederst; States; and
H. R. --. A bill regulating the fees of clerks, and for other urposes.
The following bill mas read the first and second times an referred
to the Committee on Finance:
I. R. -. A bill to regulate the collection of the war tax in certain
States invaded by the enemy.
The Senate proceeded to consider the amendments of the House of
Representatives to the bill (S. 38) authorizing the issixance of Treasury
notes under the denomination of five dollars; and
On motion by Mr. Barnwell,
O ~ d m i ?That
,
tho bill, with the amendments of the House qf Represent'cltives, he tranderred to the Secret Legislative Calendar and
referred to the Conimittee on Finance.
On motion by Mr, Semmes,
The Senate adjourned until to-morrow morning at 12 o'clock.

TUESDAY, APRIL15, 1862.


OPEN SESSION.

Mr. S a r r o v presented copies of the oAiicial reports of the engagernent at cesburg, Va., on the 91st and 22d of October, 1861, obtained
by him from the Secretary of the Provisional Congress.

Apr. 15,1862.1

SENATE.

165

Ordeyed, That they lie upon the table.


Mr. O r r (by leave) i ntro d u cd
A bill (s.43) to increase the zinmk)er of captains and comnianders in
the Navy, and t o designate, by suihble decorations, those who perform
gallant and nieritorious service;
which was read the fimt and second times and referred to the Committee on N a ~ a Affairs.
l
Mr. Barn well, froiii the Committee on Finance, to whom was referrrd
the bill (I. It. -) to regulate the collection of the war tax in certain
States inrtLcled hy the enemy, reported i t without ainendment.
The Senate proceeded, a8 in Coininittee of thc, Wlzolc, to the consideration o f the bill (13. 11. --) la& mentioned; and no sineiidin~nt
being ninde, if WLS reported to the Senate.
Ohciem!, T ha t it pass to a third rending.
The said bill was read t h P third tinie.
Besohvad, T ha t it pass.
OwZered, That the Secretary iiiforni the Ilouse of Representatives
thereof.
Mr. Sparrow', from thc Committee on Military Affairs. to whom
mas referred the bill (11. 11. --) to miiend an act for the estnblishmcnt and organization of a general staff for the Army of the Confederate States of Aincrica, reported it will1 anicndments.
Mr. Sparrow, from the Coininittee 011 Milittwy Affairs, to whom
was referred the bill (11. Et. -) to authorize the Secretary of Wa r to
receive into the service of the Confeder:tte States a regiment of volunteers for the protection of t h e frontier of Texas, reported it, with
the recoiiimendntion that it ought not to pass.
The Senate proceeded, as in Conmittce of the \Thole, to the consideration of the hi11 (13. R. -) lsst mentioned; and no amendment
being made, it was reported t o the Senate.
On the question,
Shall this bill be read a third time?
It was determined in the negatire.
So i t was
R e s o l w d , That the hill do not pass.
Ordered, That the Secretary inform the House of Representatives
thereof,
Mr. Preston, from the Committee 011 Military Affairs, to whom .ir.as
ref erred
A resolution inquiring into the propriety of authorizing the Prcsident to receive irregular troops for detachcd service,
reported it, with the recommendation that the committee be tliqcharged
from the fu r t he r consideration of the subject.
The Senate proceeded to consider the said report; :Lnd
After debate,
On motion by Mr. Burnett,
Ordered, T ha t the resolution be rrcommitted to the Committee on
Military Affairs.
A message from the House of Representatives, by ililr. Lamar:
MY. President: The Home of Representatives hzve concurred in the anlendment of
the Senate to t h e House resolution fixing r2 day for the adjournment of Congress.
The Speaker of the IIouse of Representatlves having signed an enrolled bill and
sundry enrolled joint resolutions, I am directed to bring them to the Serlitttt lor the
signature of their President.

166

JOURNAL O P THE

[ A w . 15,1862.

Mr, Phelan submitted the following resolution; which was considered and agreed to:
Resolved, Tllat the Sergeant-&-Arms purchase forty-one copies of t h e acts and resolutions of the Provisional Congress, printed in one volume, being one for each Senator
and one for each standing committee; and that t h e same be paid for out of the contingent fund of the Senate.

On motion by Mr. Davis,


The Senate resolved into secret legislative session.
The doors being opened,
Mr. Phelan, from the committee, reported that they had examined
and found truly enrolled the following bill and joint resolutions:
H. R. -. A hill to amend an act entitled " An act t o regulate the
compensation of members of Congress; "
S. 6. A joint resolution directing how prize money shall be paid in
certain cases;
H. R. -. A joint resolution of thanks to Gen. 1. H. Sibley and
his command; and
H. R. -. A resolution of thanks to the officers and crews of the
Patrick Henry, Jarnestown, Teazer, and other vessels, for gallant

SECltET SESSION.

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


Presictenl: The Hoiise of Representatiyes have passed the bill (S. 32) to further
provide for the public defense, m-ith ainenclmentq; i n which amendments they request
the concurrence of the Senate.
My.

The Senate proceeded to consider the amendments of the House of


Be resentatives to the bill (S. 32) last mentioned; and
. b ~ o l v c d ,That they concur therein.
Ordered, That the Secretary inform the House of Representatives
thereof.
Mr. Barnwell, from the Committee O KFinance,
~
to whom was referred
the bill (S. 38) authorizing the issuance of Treasury notes under the
denomination of five dollars, with the amendments of the House of
Re rcsentatives thereto, reported the same without tlmendmcnt.
f h o Senate proceeded to consider the amendments of the House of
Re rescntatives to the bill (S. 38) last mentioned; and
the question to agree to the following amendment, viz:
After the second section of the bill insert the following independent
section:

811

SEC.3. The Secretary of the Treasury is hereby authorized to issue Treasury


notes, payable i n six months after the ratification of a treaty of peace between the
Confederate States and the United States, of a denomination not less than one hundred dollars, bearing interest at the rate of two cents per day for each hundred dollam; the said notes, when issued, to be a substitute for so much of t h e one hundred
and sixty-five millions of bonds authorized by the act of Congress passed a t the
present session; and said notes shall be receivable in payment of all public dues
except the export duty on cotton,

Mr. Semmes moved to amend the amendment by adding thereto the


following proviso:
Provided, That all Treasury notes issued under this or any previous act, except the
interest-bearing notes specified i n the third section of this act, shall be, and during

Apf. 16, 18624

SENATE.

167

the existing war are, hereby declarFd to be the iiiouey or currency of the Confederate
States, ancl, as such, a legal tender 111 payment of all public and private debts except
the export dllty 011 cotton and the bonds of the Confederate States aiid the interest
thereon.
Mr. Hill objected to the sa~ne,2~snot being in order under the tlven-

tieth clause of the ninth bection of the first article of the Constitution.
Whereupon,
The President pro tempore subinittc~lthe questioll to the Senate,
1s the amendment i n order? aiid
It mas determined in the negatire.
The question recurring upon agreeing to tlie miendtrtent of the
Honse of Itepresentatiws to the said bill.
It was determined in the affirmative.
The remaining aniendments having been agreed to, it \{as
ResoZvm, That the Senate concur in the aniendinenk of the louse
of Be resentatives to the said bill.
Or( wed, That the Secretary inforiir the IIonse of fteprcsentiitives
thereof.
Mr. Brown prescntecl thc iiieniorinl of ,Jonas 1. Levy, proposing
to build in I h r o p e , for the service of thc Confederate Statcs, a twcntygun ironclad ship; which was referred to tlie Conilllittee OH Ntival
Affairs.
The Senatc resunicd, as in Committee of the Whole, thc consideration of the bill (S. 27) to prohibit any cotton, tobacco, military, :itid
naval stores being fnrnished to the enemy, and to proridc pondties
for the violation thereof.
On motion hy Xr. NayIies, to articrid the bill 11.yiiisertiiig:

-. That this law shall n o t taktl effect upon 11ny pcrsonb i i i \iicli plat-er of the
leracy as iiiay he in the actiial possession of the eneinj,

It wczs determined in the atfirmxtivr.


On niotioii by Mr.13arnmel1, that thc hill lit. upoil tlie table,
Yeas
_ _ . .- . _13
It ~rtisdetermined in the aflirrnativr, 1 Nays.
-_-.
10- _..
. . -On
motion
by
Mr.
II:tyncs,
,,

I h e yeas and n a p being desired by one-fifth of tlio Senators present,


Those who rotcd in tho t-iffirmstiveR ~ C ,
hleusrs. Barnwell, Hurnctt, Henry, ,I ohnson, ,lilaxa~ll,Mitc.hc.1, err,
Oldham, Peyton, Preston, Sparrow, Sininis, mid Migfall.
Those who voted in the negatire are,
Messrs. Raker, C l ~ y ,Clark, Davis, l l a ~ ~ i e 1srill,
, I1wih, Phclan,
Semnies, and Yanccy.
So it was
O.r&rrd, That the bill lie on the table.
The Senate proceeded to consider the message of the Housc of
Representatives, informing the Senatr, that they had adoptcd the joint
rule providing that rmnihers of cithcr Housc. shall be admitted to
the floor of the other House whcri in secret legislative session; and
On motion by hlr. Semmes,
&,y&ecj,
T h & they concur thorcin.
&&red, That the secretary inform thc IIouso of Iteprasclitritjivcs
thereof.
Tfie Sellate proceeded, as in Conimittec of the Wholr, to the cmrideration of the joint resolution (S. 9) authorizing tho SecretarJT of the

168

JOURNAL OF THE

[APT. 15,1862,

Navy to contract for the construction, in Enrope, of six ironclad


vessels.
After debate,
On motion by Bfr. Yancey, that it lie on the table,
Yeas. - _ _ . . _.... _ ._ _ _ _ 10
It was determined in the negative, . Nays
" .- - .- .. . - .- . 14
On motion by Xr. Yancey,
The yeas alld nays being desired by one-fif th of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnmell, Clay, IIill, Hunter, Lewis, Peyton, Preston,
Semmes, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Baker, Brown, Burnett, Clark, Davis, Dortch, Henry,
Maxwell, Mitchcl, Orr, Oldham, Phelan, Sparrow, and Simms.
On motion by Mr. Yancey, to amend the resolution by adding the
following proviso:

Provided, That the Government will only underwrite for the vessels on their inward
caw,

On motion by Mr. Sparrow,

Ordered, That the amendment lie on the table.


No amendment being made, the resolution mas reported to the
Senate.
Ordmed, That it be engrossed and read a third time.
The said resolution was read the third time.
On the question,
Shall this resolution pass?
It was determined in the affirmative, Yeas--l4
- .- ._ . _10
_.
Nays On motion by Mr. Ynncey,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. 13akcr, Brown, Burnett, Clark, Uavis, Dortch, Henry,
Maxwell, Mitchel, O x , Oldham, Yhelan, Sparrow, and Simms.
Those who voted in the ne ative are,
Messrs. Barnwcll, Clay, bill, Hunter, Lewis, Peyton, Preston,
Semnirs, Wigfall, and Ytlncey.
So it was
Resulved, That this resolution pass, and that the title thercof bc as
af oremi d.
O r d ~ e d That
,
the Secretary request the concurrence of the House
of LZepmsentatives therein.
A message from the President of the Confederate States, by Mr.
13. N. Harrisou, his Secretary:

Mr. President: The President of the Confederate States l i ~ to-day


s
approved and
signed the following act8 and joint resolution:
8. 20. An act to provide for the payment of musicians in the Army not reLxlarly
enlisted ;
8. 35. An act to increase the iiuiiiber of depositories of public funds; and
S. 7 . Joint resolution of thanks for t h r victory a t Shiloh. Tenn.

On motion by Mr. Sparrow,


The Sonate resolved into executive session.

169

SENATE.

Apr. 16, 1862.1

EXECUTIYE SESSION.

The following message was received from the President of the Confederate States, by MP. 1%N. Ilarrison. his Secretary:
EXECUTIVE
DEPARTMENT,
Biclmond, April 15, 1669.

To the Senate of the Coigederate States.

I iioiiiinatc the officers on the accompanying list to tlic rank affixed to their iianies,
respectively, agreeably to thc rcroiniiiciidatio~iof the Serretary of War.
JEFFERSON 1)BTIR.
COXFI<l3ER4TE STATES 017 AkXERICA,

J)EPARTblEWT,

Nickmond, ilpril 14, 1662.


SIR:I have the honor to recoiniiieiid the folloiving nominations for appointment in
the Provisional Army of the Confederate States of ,linerim:
TJITRTEENTH T E L \ S (.\VALKT

RFAiIMENT.

Colonel.
J. H. Burnett, to take rank JIarich 1, 1862, Texau.
LieutPnairt-c.oloiii,l.

Anderson F. Crawford, to take rank XIarcth 1, 1862, Texas


1Ifq)oT.

C. R. Beaty, to tske rank March 12, 1862, Texan.


FOURTEENTII TEPAS C \T,\l,KY

RlYiIWWT

I blond

$1. T. Johnson, to take rank February 15, 1862, Tcxw.


Lieulei~ccnt-c.olon
d.
6 . F. Nains, to talrc rank February 15, 1862, Texas.

Jfujo?.
Thompson Camp, to take rank February 35, 1862, Tmas.
FlI{KP hOTTII

(*

\IIOl,IN i

\RTIT

(olonrl.

W. R.Calhoun, to take rank n1arc.h 25, 1862, Soath (itrolina.


I,ieuip,~rciit-colonel.

T. A[. Wpgiirr, to take rank March 25, 7862, Sonth Parollna.


Slajor .
Alfred Rhett, to takr rank 3Iarc.h 25, 1862, South Carolina.
C \V,\LRY

ltlC(4IVVIENT

Colorid.
S. 11. I)arnell,

AT.,

to take rank &larch 15, 1862, Texas.


I;ieutenm~/-colonel.

John T. Coit, to take rank March 15, 1862, Texas.

llIlqol.
Charles C. Morgan, to take inilk 3farcli 1.5, 1862, Texas.

170
FIRST XARYLANI) REGIJCEST.

Colonel.
&adley T. Johnson, to take rank March 18, 1862, Jlaryland.
Lieutenant-colonel.

Edwd. R. Dorsey, to take rank March 18, 1862, 3laryland.


THIRTY-FIRST GEORGIA REGIXEST.

Colonel.
Pleasant J. Phillips, to take rank Sovember 18, 1861, Georgia.
heutenant-colonel.
Daniel P. Hill, to take rank November 18, 1861, Georgia.

Major.
Clement A. Evans, to take rank November 18, 1861, Georgia.
FOURTH TEXAS REGI31ENT.

Colonel.
John Marshall, to take rank March 6, 1862, Texas.
TTVEKTY-SECOKD LOUISTA NA KRGT?vrEYT.

Najor.
Isrtac W. Patton, to take rank March 9, 1862, Louisiana.
Brigade quartermasters, with the rank of mrq'or.
Cornelius Boyle, -.
Norman W. Smith, -;
Charles A . Harding, -.

, James Wood Tucker, -.


, James J. Bailey, Alabama;
J?. M. Gailor, -.
, Jos. M. Adains, South Carolina;

Bssistant quartermasters, with the rank of cuptain.

A. T. Monroe, Texas; Alex. McVoy, -;


R. G. Lamar, South Carolina; I. H.
Means, South Carolina; James I<. P. Iiecord, Texas; John T. Herrell, Georgia;
John T. B. Dorsey, Maryland; George W. Wang, Louisiana; Dunstan E. Banks,
Georgia; James Maurice, ; Thomas C. Haskins, -.
, A. W.Broaddus,Virginia; Henry L. Mayson, South Carolina; Eli Harrison, South Carolina; William M.
Payne, Virginia; L. Lake, ; S. Hillyer, Tennessee; J . P. Horbach, Tennessee;
Miles Selden, *, F. M. Wigginton, Texas; James Y. Leigh, Virginia; Rufus J.
Reid, Alabama; William A. Welch, Arkansas; W. G . Vardell, South Carolina; C. 8.
Mills, Texas; Saunders D. Oliver, Louisiana; Ed. K. Warren, Kentucky.
Brigade commissaries, with the rank of major.
John C. Palmer, -.
, Jesse G. W. Leftwich,
Georgia; James T. Hamilton, Alabama.

-.

, William A. Walton,

Ascsistnntcommissaries, with the rtrnk of captain.

W. E. Haile, Texas; W. G. Privett, Alabama; B. C. Bryan, South Carolina; W. l3.


Metts, South Carolina; William H. Estill, Texas; Fleming Jordan, Georgia; Richard
C. Perkins, North Carolina; John Hale, Georgia; D. H. Baldwin, Georgia; T. B.
Trout, South Carolina; F. McC. Newton, Texas; James H. Eakin, ; E. B.
Tuttle, Virginia; Walter Caruth, Texas; Stephen Bonsal, Virginia; H. C. Cunningham, Georgia; J. H. Beck, Texas; James M. Noble, Texas; Thomas J. S. Sandford,
Alabama; John W. Robinson, Arkansas; Lewis J?. Marshall, Kentucky.

SENATE.

Apr. 15, 1862.1

171

Chaplams
John B. Renfroe, Texas; James A. Ivy, Louisiana; J. F. Buist, South Carolina;
Thornas J. Beck, Feorgla; James B. Taylor, jr., Virginia; John Landstreet, Virginia;
S. B. Suratt, Louisiana; ?. A. Smith Bdarns, Mississippi; \Voodlief Thomas, Texas;
Alex. M. Thigpen, Georgia.
SEVENTlI KENTUCKY REGI3IEXT.

Colonel.
Charles Wickliffe, to take rank October 31, 1861, Kentucky.
~ ~ ~ ~ ! t ~ ) i ~ i i i t - ~ ~ ) I ~ ~ ~ e l .
0

M'. 1). T,ainioin, to take rank Sovenll)er 1, 1861, Kentucky.


-1hjOI..

W,5 . N. Welborn, to take rank Xoveuiber

1, 1861, I<c~ntucky

John M. Iilliard, to take rank Narch 1, 1862, Texas.


William H. Parker, to take rank Jannary 4,1862, South Carolina.
R. S. Means, to take rank March 28, 1862, South Carolina
M.L. Lane, to take rank February 15, 1862, Texas.
Richard H. Parker, to take rank April 1, 1864 North.Chrolina.
Charles RI. Wilep, to take rank April 11, 1862, Georgia.
M. H. Royston, to take rank February 13, 1862, Texas.
James B. Jordan, to take rank April 4, 1862, North Carolina.
\I7.
Hays Otey, to take rank April 1, 1862, Virginia.
Williani A. Ryan, to take rank March 15, 1862, Texas.
Surnter Lea, to take rank March 20, 1862, Alabama.
hugnstus S. Hutchison, to take rank February 18, 1862, hkansas.
Thomas S.Burnett, to take rank Novenilser 3, 18G1, Kentucky.
ASSISTAST

11)

rur ~ S T S - ( ~ B N E R ~ L .

MfljOl,S.

J. R. Waddy, to take rank April 11, 7862, Virginia.


James D. Porler, to take lank April 9, 1862.
13. Glibwold, to take rank April 11, 1862.
.James D. Armstrong, to take rank April 11, 1862.
Cnptniw~

G. W.Latham, to take rank April 11, 1862.


W. 1. JlcCardle, to take rank April 11, 1862.
John B O'Brien, to take rank March 28, 1862.
A C Thom, to take rank March 31, 1862.
George F. Harrison, to take rank April 12, 1862.
Williain G. Barth, to take rank April 12, 1862, Florida.
Charles Rutledge Holmes, to take rank Ifarch 22, 1862, South Carolina.
Jos. Hevwnrd, to take rank April 14, 1862.
3IEI)ICAL DEPAR'L'XEXT.

,%gem.

W. N. Gaither, Kentucky.
Aidg-de-camp, ? J i t h the rank qfjiraf lieutenanf.

John S. Carrington, to take rank March 29, 1862.


Thomas F Henry, to take rank April 3, 1862, Tennessee.
.TOR E:. Dwyer, to take rank March 28, 1862.

172

JOURNAL O F THE

w. R. Mason, jr., to take rank April 12, 1862.

Peyton N. Page, to take rank October 25, 1861.


A. H. Rogers, to take rank April 12, 1862.
Alfred E. Dohy, to take rank March 22,1862.
T. B. Lyons, to take rank April 4, 1862.
A. H. Lucas, to take rank April 14, 1862.
EKGINEEFS.

Captain.

J. W. Gregorie, to take rank April 4, 1862.

ARTILLERY.

Majors (tcndt'i. cict 3-0.


359).
John Screven, to take rank April 11, 1862, Georgia.
Beverly Randolph, to take rank April 12, 1862, Virginia.
FIRST LOUISIANA ARTILLERY REGIKPTT.

Captains.

R. J. Bruce, to take rank December 30, 1861, Louisiana.


E. G. Butler, to take rank January 2, 1862, Louisiana.
First lieutenants.

W. M. Bridges, to bake rank December 28, 1861, Louisiana.


B. M. Harrod, to take rank December 30, 1861, Louisiana.
C. N. Morse, to take rank January 2, 1862, Louisiana.
George p. Crane, to take rank March 15, 1862, Louisiana.
FIRST SOUTII CAROLINA ARTILLERY RELIMEXT.

Captains.

J. A. Sitgreaves, to take rank March 25, 1862, South Carolina.


John C. Mitchel, to take rank March 26. 1862, South Carolina.
First lieutenants.
S. C. Boylston, to take rank March 25, 1862, South Carolina.
W.S. Simkiiis, to take rank March 26, 1862, South Carolina.
George R. IIaynsworth, to take rank March 27, 1862, South Carolina.
T. Davis Waties, to take rank March 28, 1862, South Carolina.
Second lieutenants.

William W. Johnson, to take rank March 25, 1862, South Carolina.


E. S. Fickling, to take rank March 26, 1862, South Carolina.
J. B. Hawkins, to take rank March 27, 1862, South Carolina.
Iredell Jones, to take rank March 29, 1862, South Carolina.
Oscar La Rorde, to take rank March 29, 1862, South Carolina.
S. G. Haywood, to take rank March 29, 1562, South Carolina.
I am, sir, very respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of W c i ~ .
To His Excellency JEFFERSON DAVIS,
President, etc.

The message was read.


On motion by Mr. Hunter,
The Senate proceeded to consider the nomination of John T. B.
Dorsey as assistant quartermaster; and it mas

Apr. 16,1862.J

SENATE.

173

Remhed, That the Senate advise and consent to the appointment of


John T. B. Dorsep as assistant quartermaster, with the rank of captain, agreeably to the nomination.
On motion b y Mr. Sparrow,
Ordered, That the nominations in the foregoing message not this day
confirmed h e referred to the Committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the 1st instant) the nomination of R. A. Pryor, to be
a brigadier- eneral in the Provisional Army, reported, with the recominendation tfla t said nomination be confirmed.
The Senate proceeded t o the consideration of said report; and
After debate,
On motion by Mr. Barnwell,
The Senate resolved into open lcgislativc scsxion.
\VE;I)NESI)AY, AYRIL16, 1862.
OPEN SESSIOS.

MY. Baker (by leave) introduced


A bill (S. 44) in relation t o auditingaccounts for the War Department;
which mas read the first and second times and referred to the Committee on Finance.
Mr. Hill presented the petition of Jonas P. Levy, praying for a
modification of the sequestration lav ; which was referred to the Committee on the Judiciary.
Mr. Maxwell submitted the following resolution; which was considered and agreed to:
lksolved, That the Committee on the Judiciary be iiistrucled to inquire and report
whether the treaties of the United States with loreign nations made prior to the
separation of t h e Confederate States from t h a t country are still in force, by virtue of
international law or any law of Congress, as between the Confederate States and said
foreign nations.

Mr. Sparrow, from the Committee on Military Affairs, to whom was


referred the resolution requiring the Quarterinastcr-General to furnish
to the superintendent or president of any railroad company who will
apply therefor, a statement of what goods, wares, merchandise, and
commodities have been shipped or transported over their roads on
account of the Government, reported it without amendment.
The Senate proceeded to consider the said resolution; and it was
* agreed to.
Mr. Sparrow, from the Committee on Military Affairs, to whom was
referred the hill (S. 42) f o r the relief of the legal representatives of
Samuel &I.Wilkes, late adjutant of the Fourth Begiment South Carolina Volunteers, reported it without amendment.
The Senate proceeded, as in Conimittee of the Whole, to the consideration of the hill (S. 42) last mentioned; and no amendment being
made, i t was reported to the Senate.
Ordeped, That it be engrossed and read a third time.
The said bill mas read the third time.
Besolved, That it pass, and that the title thereof reiliain as aforesaid.
Ordmed, That the Secretary request the concurrence of the House
of Representatives therein.

r+

174

JOURNAL OT! THE

On motion by Mr. Sparrow,


Opdered, That the Committee on Military Affairs he discharged froill
the further considenition of the following subjects:
Petition of John B. Read, praging conipen.sation for the use by the
Government of the Confederate btates of hls improved projectile from
rifled cannon known as the Read shell.
Memorial of the committee of public safety of the city of New
Orleans in relation to the appointment in Congress of a committee on
the conduct of the war.
Resolution inquiring into the expediency of enlisting cooks for the
Army and of obtaining the services of slaves for that purpose.
Mr. Sparrow, from the Committee on Military Affairs, to whom the
following bills were referred:
H. It. -. A bill to authorize the appointment of officers of artillery
in the Provisional Army;
H. R. -. A hill to increase the Corps of Engineers of the Yrovisional Army; and
H. 1%.-. A bill to organize a signal corps,
reported the same without amendment.
Mr. Mitchel, from the Committee on Post-Offices and Post-Roads,
reported
A bill (S. 45)to amend an act cntitled An act to prescribe the rates
of postage in the Confederate States of America, and for other
purposes;
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Mitchel,
Ordered, That the further consideration of the bill be postponed
until to-morrow.
Mr. Oldham (by leave) introduced
A bill (S. 46) to amend an act entitled An act to amend an act rccognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize
goods, approved May 21, 1861;
which was read the first and second times and referred to the Committee on Naval Affairs.
The President pro tenipore signed the following enrolled bills and
enrolled joint resolutions heretofore reported to be truly enrolled,
which were delivered to the Secretary of the Senate, and by him forkhwith presented to the President of the Confederate States for his
approbation :
8. 6. Joint resolution directing how prize money shall be paid in
certain cases;
H. R. -. A bill to amend an act entitled An act to regulate the
conipensation of members of Congrcss;
I-I. R. -. Joint resolution of thanks to the officers and crews of the
Patrick Henry, Jarnestown, Teazer, and other vessels, for gallant
conduct; and
H. R. -. Joint resolution of thanks to Gen. H. H. Sibley and his
command.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The doors being opened,

Apr. 16,lSfiP.l

SENATE.

175

Tho following message was received from the House of Representatives, by M r . Lamar:
A?. P Iesitlent: The Speaker of the House uf Representatives havirlg signed Bundry
enrolled bills, I am directed to bring them to tlie Senate for the signature of their
President.

Mr. Harnwell (by leave) introduced


A joint resolution (s.lo) to authorize the Secretary of the Treasury

to pay the mileage and per diem of members of the Provisional Congress out of tlie contingent fund of that Congress;
which was read the first and second tiines and considercd as in Committee of the TThole; :tnd no amendment being made, it kvas reported
to the Senatc.
Ordered, That i t be engrossed and read a third time.
The said resolution was read the third time.
Rcsolaed, That it pass, and that the title thereof he as aforesaid.
Ordered, That the Secretary reqnest the concnrrence of the House
of Ltepresentatives therein.
Mr. Phelan, from the coiuiuittee, reported that they had examined
and found truly enrolled the following. bills:
H. K. -. A bill to anthorize the Secretary of War to divide the appropriation for the contingent expenses of the War Department and the
Army ;
f-I. R. -. A hill for the wlief of Caroline Miller and her children;
and
H. It. -. A bill to authorize the employment of clerks at the oflices
of the Trcasurer and assistant treasurers.
The President pro teinpore having signed the enrolled bills last
reported t o ha r e brcii examined, they were delivered to the Secretary,
and by him forthwith presented to the President of the Confederate
States for hi4 approbation.
The following: message was received from the President of the
Confederate States, by Mr. 13. X. TIarrison, his Secretary:
E:XECCTIVZ DEP \ItTMB?rTT, A $ ) d16, 1862.
To the Senate of the Po):jdPmtC States:
In coiiipliance \I ith your request for intormation, expressed in a resolution of the
14th instant, I herewith tranFniit a coinniunication from the Secretary of War, covering a copy of t h e report of General Branch, of the battle of Sewbern, S. C.
JEFFERSOS DAVIS.

The message N as read.


On motion by Mr. Barnwell,
O y d e d , That it lic on tlie t x b l ~ .
On motion by Mr. Barnwell,
The Senate proceeded, t ~ in
s Coininittec of the \\'hole, t o the consideration of the bill (H. li. --) inalring Aixgusta, Ga., a port of delivery
for goods imported into C:harleston, S. C. ; and no amendment being
made, it, was reported t o the Senate.
Ordered, That i t pass to a third reading.
The said bill was mad the third time.
Raahed, That i t pass.
OrderPd. That the Swrctary inform thc House o f Representatives
thereof.
Mr. Yancer submitted the followjng: rcsolution; which was considered and a i m e d to:
Resoh ed, That the Secretary of War be requested to prepare and furnish to the
Senate, at its next session, for its use, a list of all the commissioned officers in the

176

JOURNAL O F THE

[Qr. 16,1862.

SECRET SESSION.

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


Jfr. President: The Speaker of the House of Representatives haring signed an
enrolled bill, I am directed to bring it to the Senate for the signature of their
President.

Mr. Mitchel, from the committee, reported that thcS had exaniiiiecj
and found truly enrolled the bill (S. 32) to further provide for the
.
public defense.
The President pro tempore having signed the enrolled bill (S. 32)
last reported to hare been examined, it was delivered to the Secretary
of the Senate, and by him forthwith presented to the President of the
Confederate States for his approbation.
On motion,
The Senate resolved into executivc session.
EXECUTIVE SESSION.

The Senate resulrlrd the consideration of the nomination of R. A.


Pryor; and
After debate,
On the question,
Will the Senate advise and conscnt to the appointment of R. A.
Pryor?
It was determined in the affirmative, Yeas
Kays ..._
._
._
._
.... ..._
10
On motion by Mr. Yanccy,
The yeas and nays being desired by one-fiflh of the Senators present,
Those who voted in the affirmative are,
Nessra. Barnwell, Baker, Brown, Davis, Haynes, Henry, Hunter,
Johnson, Maxwell, Mitchel, Orr, Peyton, Preston, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. Burnett, Clay, Clark, Dortch, Hill, Lewis, Oldham, Phelan,
Semmes, and Yancey.
So it was
Resohed, That the Senate advise and consent to the appointment of
R. A. Pryor as a brigadier-general in the Provisional Army of the
Confederate States, agreeably to the nomination.
The following message was received from the President of the
Confederate States, by Mr. B. N. Harrison, his Secretary:

~~~~~~~~~

~~~~~~~

EXECUTIV~
DEPARTXENT,
April 16, 1869.

To the Sennte of the Confederute Xtutes.


I nominate the persoiis nained upon the annexed list to the offices designated,
agreeably to t4e recoinmendation of the Attsrney-General.

JEFFERSOS DAVIS,

177

SENATE.

Apr. 16,1862.1

CONFEDERATE
STATESO F AMERICA,DEPARTNEST
OF JUSTI~E,
Richmond, April 15, 1862.
To the PRESIDENT.
SIR: I have t h e honor to submit the followkg nominations for appointment in
this Department.
William Pinkney Hill, of Marshall, Tex , to be judge of the eastern district of
Tesas.
George Mason, of Galveston, Tex., to be attorney for the eastern district of Texas.
Janies TV. i\losely, of Lamar, Tex., to be inarshal of the eastern district of Tesas.
Thomas .T. Devine, of San Antonio, Tex., to be judge of the western district of
Texar.
John C. Vest, of Waco, Tex., to be attorney for the western district of Texas.
John R. Jefferson, of Seguin, Tex., to be marshal of the western district of Tesas.
Your obedient servant,
T. 11. w x m ,
iltforney-Gmeral.

The message was read; and


On motion by Mr. Oldham,
The Senate proceeded to consider tlie nominations contained therein;
and
Resolved, That the Senate advise and consent to the appointment of
William Pinkney Hill, Georgc Mauon, James W. Blosel?, Thoriiss J.
&vine, John C. West, and John K. Jefferson, agreeably to their
respective nominations.
The following message was received from the President of the Confederate States, by X r . R. X. Harrison, his Secretary:
EYECC
rim

~ ~ E I ' A R T X E S Ta
,

i p d 16, 186.2.

To tlie Sctiate of the Confederatei%des:


I noininate t h e persons named in the annexcd letter o f the Secretary of the Navy,
agreeably to his recommendation.
JEFFE:RSON DAVIS.
CO~TFEDEHATE
STATE\ow A V

J)PP,IRT~IEST,
Richmond, -1pril 15, 186.2.

~ I C A Y
, \T Y

To the Pricsrucm.
SIH:I ha\ e t h e honor to recommend the following no~ninationsfor appointment
i n the Xavy .
Liezctemnt J ) r ilie uur.
William W.Wilkinson, of Florida.
ATatalstorekeeper at the nacy-yard, Jvorfolk, T'a.

William H. Peters, of Virginia, vice R. JI. Boykin, deceased.


I am, with much respect, your obedient swvant,
S.R. ?I1ALLORY,
&cretarrj of tho iimy.

The message was read.


Ordei*cd, That it be referred to the Corninitlee on Naval Affairs.
The following message was reccivcd from tho Pre3ident of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Xwhmond, April 1 6 , 1869.

To the Xenate o f t k Confederate


~
States:
I nominate the officers on the accompanying list to the rank af@ed. to t hc''irnames,
respectively, agreeably to the recommendation of the Secretary ot War.
JEFFERSON DAVIS.
C J-VOL

2-04-12

178

JOUKNAL OF THE

C~NFEDERATE
STATES02

tQr.

16,1862.

h E E l C A , TvAR L)EP.iRThfEST,

Iiichmoncl, .lpril 15, 1862.


the following noIninatiOnS for appointment
in the Provisional Army of the Confederate States:

sIR:I ha\re the honor to recommend

Major-genercils.

T. C. Hindman, to take rank April 14, 1862, Arkansas.


John C. Breckinridge, to take rank April 14, 1862, Kentucky.
Br igadier-general.

Thomas Jordan, to take rank April 14, 1862.


William Preston, to take rank Bpril 14, 1862, Kentucky
Julius ,4.de Lagnel, to take rank April 15, 1862, Virgillla
John Rchols, to take rank April 16, 1862, Virginia.
George Maney, to take rank April 16, 1862, Tennessee.
Alfred Mouton, to take rank April 16, 1862, Louisiana.
John S. Williams, to take rank April 16, 1862, Kentucky.
I am, sir, respectfully, your obedient servant,

GEO. W. RAKDOLPH,
Secretary of I.r.r.

To His Excellency JEFFEXSOX


DAVIS,
President, etc.

The message was read.


OrcjeTed, That it be referred to the Committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom
was referred (on the 11th of March) the nomination of D. R. Jones,
to be a major-general, reported, with the recommendation that said
nomination be confirmed.
The Senate proceeded to consider the nomination of D. R. Jones;
and
After debate,
On motion by Mr. Clark,
Ordmd, That the further consideration thereof be postponed until
to-morrow.
Mr. Sparrow, from the Committee on Nilitary Affairs, to whom
were referred (on the 5th instant) the nominations of Henry Little, to
be a brigadier-general; William Brazelton, Elijah Gates, John Q.
Burbridge, B. A. Eives, to be colonels; Richard B. Chiles, Edward
B. TIull, William H. Hunt, J . A. Pritchard, to be lieutenant-colonels;
Robert R. Lawther, Robert D. A. Dwyer, William C. Reeder, F. L.
1-Iubbell, S. E. Pierson, and G. N. Reynolds, to be majors; G. W.
Canningharn, J . G. Field, ?John N. Norris, A. P. Aldrich, t o be
brigade qxartermasters, with the rank of major; George F. Maynard,
G. A. Taylor, James M. Jones, Y. 0. Lemmons, William T. Faircloth,
A. Icttyjohn, Hilliard W. Carter, S.FI. Stewart, Charles L. Le Baron,
Michael Gornily , Ferdinand Gregorie, Stephen C. Burch, David C.
Walker, to be assistant quartermasters, with the rank of captain;
James L. Carr, N. S. IGll, Abraham Haber, B. S. Sanchez, L. W.
S ratt, to be brigade commissaries, with the r:ink of major; William
Cixrk, Willialil C. Hillhouse, Andrew R. Wardlaw, tJ. 1. Montgomery, 9. 1. Bavenel, John F.Dwis, Lyman Griswold, Samuel J. Humphries, to be assistant coiiunisyaries, with the rank of captain; A. A.
,James, M. OKeefr, W. J. Mahon, W. S. Penick, David G. Daniel, to
be chaplains; I?. B. Crooker, W, H. Wallace, Thomas J. Oatcs, Joseph
M. Flanagan, to he adjutants, with the rank of first lieutenant; Willis
L. Robards, R. C. Morgan, J . J. Reeve, Thomas M. Scott, W. Carve1

Apr. 17,186'2.1

SENATE:.

179

Hall, Grahtmi naves, to be assistant adjutants- enera], with the rank of


captain; Philip A. Taliaferro, Henry I-Io.u.ar$ F. T. Hill, Robert C.
Andrcws, 711. I). McIGm, A. M. Jackson, to he aids-de-camp, with
the rank of first lieutenant, reported with the recoinmendation that
all of said nominations be confirmed.
'l'he Senate proceeded to the consideration of the said report; and
in concurrence therewith, it was
Besohed, That the Senate adrise and consent to their appointment,
agreeably to their respective noniin at'ions.
On motion by Mr. 12arnwel1,
The Sciiatc resolved into open legislative session.

OPEW SESSION.

Mr. Ilatris, from thc Coiiiriiittee on Fiiisncc, rcportcd


A bill ( S . 47) to inake provision for w i n h for thc Confcdcrntc

States;
which was read the first and \econd tinics and con&mx1 as in Coinmittce of the IVholc; m c l iio ntiieiidriient bcing madc, it was reported
to the Senate.
O~cki~ed,
That it be engrosscd and read a third time.
The said bill WAS read the third time.
&.so7?ied, That i t pass, and that tlie title thereof be as afores:iid.
Ordemd, That the Secretary rccyueijt tlie concurrciice of the House
of Itcpresentatives therein.
Mr. Barnwell, from the Cominittce 011 Finance, to mhoiii WLY
referred the bill (S. 44) in relation to auditing accounts for the War
Department,, reported it, without anicndmcnt.
The Senate proceeded, as in Committee of the Whole, to the considcration of the bill (S. 44) last mentioned; and n o rLnieiidnicnt being
made, it was reported to the Senate.
OrdmwZ, That it be engrossed and read :I t,hird time.
'rho said bill was read t h e third time.
RPsoZued, That it pahs, and that the titlo thcrcof be :isaforcsaid.
Ordered, That the Secretary requeit the conctl~retlceof the House
of Representatives therein.
Mr. Clay, from the Comrnit,tc,e on Commcrcc, to whom WRS referrcd
thc resolution inquiring whether any person:, within the Confederate
Sbtes clainl to exercise jurisdiction, :~nd(.latiin rights and privileges
as consuls of foreign countries, reportcd it back to the Senate.
On motion by MI-.
Clay,
Ordei-ecl, That said rcsolution be transferred to the Yccrct IqiYliLtive Calendar.
A inessage from the Hcrrse of Iteprescntatives, hy N r . Lamar :
J f r . 1 ' r e s d e ) i t : The Iloure o f Repreyentstives I~avep a s d the followi~igbills and
resolution, i n which they rcqiicst the ~ ~ o r i c u r r of
~ ~tlic
n ~ cSenate:
11. It. -. A bill to liniit the act authorizing tflc. sna~)rnsiorrof t21t. M rit ol IIX~MBS
corpu4;
I[. It. -. A bill to prohibit the transportation to ant1 salc of rcrtain articles in
any port or placae \%ithinthe Confeedcrate States In the posptlssion of the enemy, and
to prohihit the sale, barter, or exchange of certain articles thcreln named, to allen or
domrstic enemies;
1. R.-. A bill to provide for the appointmellt of cliaplains at the naval hospitals;

180

JOURNAL O P THE

_.
H. R. _.
H. R.

[ - b r . 17,1862.

A bill to increase the clerical foice of the Quartcrinaster-C;enerals

Bureau;

A bill to organize battalions of sharpshooters; and


H. R. -. A resolution for t h e preservation of public documents.

They have also passed t h e following senate bills:


8. 1. A bill to recognize t h e organization of certain military conipanies;
s. 18. A bill declaring the officer who shall act as President i n case of \racdncies in
the offices of President and Vice-president; and
S.37. A bill to punish drunkenneps in the Army.
They have passed the following bill from t h e Senate, with an arneiitherit:
S.25. A bilk relatire to the pay and allowances of deceased soldiers; in wliich
amendment I am directed to ask the concurrence of the Senate.
The Speaker of the IIouse of Representatires having eignccl an enrollcd bill, I a m
directed to bring it to the Senate for the signature of their President.

Mr. Hill, from the Committee on the Judiciary, to whom were


referred the following bills:
H. R. -. A bill regulating the fees of clerlis, and f o r other purposes;
H. R.
A bill regulating the fees of marshals, and for other purposes; and
H. R. -. A bill t o limit the compensation of clerks, marshals, and
district attorneys of the Confederate Sedtes,
reported them severally, without amendment.
The Senate proceeded to consider, as in Committee of the Jhole,
the three bills last mentioned; and no amendment being made, they
were reported to the Senate.
Ordered, That they pass to a third reading.
The said billr were severally read the third time.
Bmohed, That they pass.
Ordwed, That the Secretary inform the Ho~iscof Kcpresent:t t1VCS
thereof.
Mr. Mitchcl, from the committee, reported that they had examined
and found truly crirolled the bill (1.R. ---) to encourage tlic niariufacture of saltpeter and of small arms.
The President pro ternpore having signed the bill (H. It. -) last
reported to have h e n examined, it was delivered t o the Secretary of
the Scnate, and by him forthwith presented to the President of the
Confederate States for his approbation.
Mr. Mitchel submitted the following resolution; which was considered and :Igrred to:

-.

Resoli~ed,That thc Secretary of the Senate be authorized to employ such aclditional force for the balxnce of the semion as may he necessary to enable him to keep
up the bnsiness of the Senate.

The rcsolution (TI. K. -)

for the preservation of public documents

was read tho first and second timcs and referred to the Committee on
I

Printing.
The bill (11. 12. --) to organize haLtalions of sharpshooters was ~ e a d
the first a i d sccond tinics and referred to tlw Committee on Military
Affairs.
rhe Sewkc pl*occcdedto the consideration of the bill (H. R. -) to
incrcaso the clerical force of the Qlxartermaster-Generals 1Sureau;
which ~ 8 read
s
the first arid second times and considered as in Cornmittee of the \.\hole; :md no arnendniclnt being made, i t was reported
to the Senate.
Ordmed, That it pass to a third reading.
The s:iid bill was read the third time.
Basohued, That it pass.

SENATE.

Apr 17,1862.1

181

O d d r e d , That the Secretary inform the Honse of Representatilres


thereof.
The bill (I. R. -) to provide for the appointment of chaplains at
tlic naval hospitals was read the first and second times and referred to
thc Corninittee on Kaval Affairs.
The bill (H. R. --) t o prohibit the transportation t o and sale of certain articles in any port or place within the Confederate States in the
possession of the enemy, and to prohibit the sale, barter, or exchange
of certain articles therein narued, to :dien or dom
oncl tiii1c.s : t d rc~frrredto the Colnnlittcc. 011 N:i\r:tl
read the f i r 4 tind
A f h i rs.
The bill (11.I<.- ) to limit the act anthorizing thc suspension of the
writ of h:Lbeas corpns was read the lirst atid second times rind refcrred
to the Co~xitiiittccon the Jndiciarg.
The Senate proccecled to consider the :tmendinent of the House of
Representatires to the hill (S. 2 5 ) relative to the p t y m d al1ow:tnces
of deceased soldiers; and
On motion,
Bmorwd, That they concur therein.
Ordewd, That the Secretary inform the Iloi
of Rrprosent :ttivc,s
thereof.
Mr. lIaynes (by leave) intrudnced
A bill (S.48) to provide fo r paying the coinpens:~tion of prisoners
to their wives and children;
which was read the first and second times; and
On motion by Mr. Orr,
Orclmxn, That it lie on the table.
The Senate procccded to consider, ns in Committee of the Whole,
tlie bill (H. It. --) to aniend an act fo r the c&~bljshmcnt and organization of a. general staff fo r the Army of the Confedemtr Statcs of
America; and the re orted amendments having heen ngroecl to, the bill
was reported to the enate and the aiiiendments ere concurred in.
Ord(q*ed,That the amendments be engrossed and the bill read a
third time.
Thc said bill a h amended n7as mad tho third time.
Rosolr~ed,That it pass, with amendiucnts.
<)13c&pd,Th:it the Secretary i*equest ttic C ~ I ~ C I I I I C Iof
~ C ~the Houue
of Iteprescntntiws in the amcndinents.
11 messagc fro111 the I-lonsc. of Rep~*es~~ntativei,
by Nr. L:tni:ii-:

)eaker ot the. I l o r i ~ eof 1~ri)iesaiitativrsIiariiig signed an


etl to bring it to thv Per~;itcfor tlw signatnrc. of their Irrsitlent.

the Yresidoit of the Confcdefi~teStRtes, 1)y MI..


13. N. ITarrison, his Secretary:
,$I,*.
Iwstderti: T h c 3 Iresitlent of the Confetleratc States, 011 yesterciay, ztpprovetl
and sipnetl an act (8. 3 2 ) to further provide for the public defense.

The Senate proceeded, as in Committee of the Wholc, to the consideration of tlle bill (13. I<. -) to enforce prompt returns from disbursing officers and agents; and the reported arncndnients having beon
agreed t o and the 2 d l further arnendtd, i t was reported to the Senate
mid the amendments wcre concurred in.
()?&ye(,&
That the :1m(>ndments be engrosircd arid the bill read a
third t h e .
The said bill ah arnended was read the third tinit:.

182
R M o h d , That it pass, with amendments.
Ovdcred, That the Secretary request the concurrence of the House
of Representatives in t h e amendulents.
A message from the Rouse of Representatives, by Mr. Lamar:
j f y . President: The President of the Confederate States, on yeeterday, approved and
signed the following act and joint resolutions:
H. R. -. An act to regulate the compensation of members of Congress;
H. 3%. -. Joint resolution of thanks to the officers and crews of the Patrick HeIlry,
Jamestown, Taxer, and other vessels, for gallant conduct; aud
H. R.
Joint resolution of thanks to Gen. H. H. Sibley and his comnland.
The President has to-day approved and signed t h e following acts:
H. R. -. An act for the relief of Caroline Miller and her children;
H.. R.
An act to authorize the Secretary of War to divide t h e appropriation for
the contingent expenses of t h e War Departmcrlt and the Army; and
11. R.
An act to authorize t h e cinployment of clerks at t h e ofices of the Treasurer and assistant treasurers.

-.

-.
-.

On motion by Mr. Brown,


The Senate resolved into secret legislative session.
The doors being opened,
On motion by Mr. Johnson,
Ordered, That when the Senate adjourn it be to meet a t 11 o'clock
to-morrow.
On motion by Mr. Johnson,
The Senate adjourned.
SECRET SESSION.

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


MT.President: The House of Reprcscntatives have passed a joint resolution (1.
It. -) for the better security of the archives and Gorcrnmcnt of the Confederate

States, in which 1am directed to ask the concurrence of the Senate.

The Presidcnt pro tempore laid before the Senate a communication


from the Secretary of W a r , transmitting a report of the Chief of the
Ordnance Bureau, in response to a resolution of the Senate, inquiring
what number of sinall arms and of ordnance have been purchased
abroad by the Government, what number hare been imported, etc. ;
which was read.
*
Ordered, That it lie on the table.
On motion by Mr. Brown,
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 10) to authorize the President to convene Congress
at extraordinary times and places.
After debate,
On motion by M'igfall, that the bill lie on the tahle,
It was heternlined in the affirmative, Yeas-- - - - - - - - - - - - - l3
..
...... .- 1 2
Nays._
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. Barnwell, Burnett, Hunter, Johnson, Lewis, Maxwell, Orr,
Peyton., Preston, Sparrow, Semmes, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. 13alier) Brown, Clay, Clark, Dortch, Haynes, Henry, Hill,
Mitehel, Oldham, Phelan, and Yancey.
So it was
Ov*dwed, That the bill lie on the table.

'I

Apr. 17, 1862 1

183

BENATE.

A message from the House of liepresentatives, by Mr. Lamar:


X?. President: The House of Representatives have passed tlie following bills:
H. R. -. d bill to amend the act ainending the act recognizing the existeace of
war between t h e United State9 ant1 the Confederate States, and concerning letters of
marque, prizes, and prize goods, approved May 21, 1861; and
H. R.
h bill to authorize certain contracts for the purchase of iron-plated
vessels of war;
In 7%hich bills I am directed to abk tlie concurrence of the Senate.

-.

On motion by Mr. Yancey,


Odered, That the injunction of secrecy be removed from the bill
(S. 32) to further provide f o r the public defense.
Mr. Phelan, from the committee, reported that they had ex:uiiined
and found truly enrolled the bill (S. 38) authorizing the issue of
Treasury notcs.
The President pro tempore having signed the enrolled bill (S. 38)
last mentioned, it was delivered to the Secretary of the Senate, and 1).
hini forthwith presented to the Prcsideiit of the Confederatc States for
his approbation.
A message froiii the IIouse of Representatives, by Mr. Lamar:
7rrsident. The House of Representatives have pabsed a bill (H. R. - ) supplementary of an act further to provide for the public defense, in which they request
the concurrence of the Senate.

On motion 1)sMr.Hill,
The Senate proceeded to consider the bill (11. E. -) last mentioned;
which was rend the first and second tiiiies and considered a3 in Conlinittee of the \Thole.
After debatc,
fdmd, That it be refcrrcd to the Committee on Military Affairs.
Mr. Orr, from the Comiiiittee on F o r 6 -11 Affairs, to arhon1 was
referred the resolution rcquesting the Presi ent to instruct Mr.John
Slidell, coinmissionw from this Government to His Majesty Louis
Napoleon, Enipcror of tlie French, to propose to His Majcsty terms
for R treaty of aniity and commercc I)ctwecn t h e two Governments,
reported it with an amendment.
The followi~iginessage was received from the President of the Confederate States, by Mr. K. N. IIarrison, his Secrrtary:

in: I ) E I ~ \ I ~ ~ M E ?April
\ T , 17, 186%.
To the Si.ncite and IJousa qf 12epresentnlil;es:
I berewitti transmit, for the information of CongrecIs, R connnunication from the
Swretary of the Na! y, covering estin~atesof the amount reqoiretl by t h e Savg 1)epartment for specified purposes.
. I recomntend that an appropriation he made, of tlte stiins, a n d for the objects
mentioned.
JEFIWKSON DAVTS.
The message was read.

&&&, That it be referred tc, i,he Committee 011 X ~ V :AffhirS.


L~
On motion by Mr. Clay,
The Senate resolved into executive scswion.

On motion by Mr. Clay,


The Senate proceeded to the consideration of the resolution repoTt,ed
from the Committee on Hules, on the 24th of March, in rehtion to

184

JOURNAL OJ!

THE

[Aw.17,1862.

the construction of certain rules of the Senate, and it was agreed to, as
f dllows:
&,,-olved, That Rule 38 does not require that transcripts of t h e entire executive
records of the Senate shall be furnished the President of t h e Confederate States, O r
that the yeas and nays on nominations, or that motions, resolutions, or current procefdings touching nominations should be sent to him.
r h a t t h e Constitution contemplates unreserved confidence between the President
and the Senate respecting all executive matters before.the Senate, ?nd that, therefore,
a complete record should be furnished him of all motions, resolutions, yeas and nays,
or proceedings of record concerning nominations to office by the President, as well
M treaties; and that Senators should be a t libertyto conimunicateas freely with the
president as with each other about all such nominations, and treaties, arid t h e action
of the Senate thereon.
That Rules 34, 35, aiid 44 forbid a Senator from communicating to anyone how
he voted, or how any other Senator voted, on any nomination or treaty, or any
rnotion or resolution relating to a nomination or treaty, considered in executive session, or comriiunicatirig to anyone his own speech or remarks, or that of any other
Senator, on any such norriinativn or treaty, or any such motion or resolution, excepting only Senators or t h e President, or Vice-president of t h e confederate States, in
respect to both nominations aiid treaties, and excepting further, that information
or remarks touching t h e character or qualifications of one nominated by t h e President to office may be told him, or, in his absence, may be told his agent, or friend,
without disclosing t h e name of the Senator making the charges or remarks. And
this obligation to keep secret the proceedings i n executire session remains in full force
until the injunction of secrecy has been removed by order of t h e Senate. But any
Senator may disclose t h e confirmation or rejection of a nomination, after it has been
finally acted on by the Senate, telling only t h e result, but not the number of votes
for or against the nominee, or by whom cast.

Mr. Sparrow, from the Committee on Military Affairs, to whom


were referred (on the 12th of April) the nominations of TV. N. R.
Beall and William Y. Slack, to bc brigadier-generals, reported, with
the recoinmendation that said nomiriatioris be confirmed.
The Senate proceeded to the consideration of said report; and in
concurrcnce therewith, it was
~ ~ ~ o l That
~ ~ the
e dSenate
,
advise and consent to the appointment of
W. N. R. B e d and William Y. Slack, to be brigadier-generals in the
Provisional ArinF, agreeably to their respective nominations.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
ilpril 17, 1862.
EXECUTIVE DEPARTMENT,
To the kS&-utte.
1 norniiiate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to the ~rcomniendationof the Secretary of War.
JEFFERSON DAVIS.
c ~ X l ~ l 3 l ~ E R AfhATBY
PE
O F A~IERIC
I, W A X . DEPARTXENT,
Riclitnond, April 9, 1862.

Six I have tho honor to recommend the iollowiug nominations for appointment

in the Provisional Army of the Confederate States of America:


MEDICAL DEPARTMEXT.

Surgeons.
Francis Thornton, ICentucky ; Gratz M.Moses, JIissouri; Alfred A. Hatcher, Tennessee; Samuel L. Wharton, Tennessee; Sainuel H. Stout, Tennessee; Anak A. Rowland, Kentucky; Ormsby Gray, Kentucky; John M. Johnston, Kentucky; C. K.
Winston, Tennessee; W. R. Bolling, Tennessee; T. L. Maddin, Tennessee; S. W.
Frierfion, Tennessee; Medicus Itansom, Tennessee; Daniel Gerznan, Tennessee; W. H.
Bailey, Sonth Carolina; 13. Powell, Louisiana; Samuel f.IIunt, Alabama; Thomas W.
Mason, Alabama; James T. Reese, Alabama; James W. Claiborne, Virginia; Warren W. Ward, North Carolina; John F. Shaffner, North Caroliva; Richard H. Shields,

185

SEENATE.

Apr. 17,1862.1

North Carolina; Francis K. L u c k y , North Carolina; Elijah F. Starr, North Carolina; Xilliain S. Stradyick, Korth Carolina; James c;. Tholnas, Xorth Carolina;
Robert Gibbon, Xorth Carolina; Spiers Singleton, North Carolina; kViIlian1 H.
Moore, Korth Caroliria; Jaiiies A. Bizzell, Xorth Carolina; Adarn E. Wright, North
Carolina; Wesley JIGD. Cainybell, North Carolina; Thornas J. Boykin, North Carolina; R. P. Johllson, 3faryland; W.8.Griiiies, Virginia; Lewis T. PiIll, Tenrlessee;
F. J. Robertson, South Carolina, Henry D. Schmidt, 1,ouisiaIla; J. A. Harrold, Alabailla; Frederick 1. Leverett, South Carolina, Alva Connell, South Carolina; Alex.
Salley, South Carolina; Francis P. Porcher, South Carolina; Lelvis C. Elasell,
South Carolina; fit. Julien Ravenel, South Carolina; Theodore A. Dargan, South
Carolina; S. W. Coonibs, ICcntucky ; B. 31. Wible, Kentucky; John 8.Leavy, Kentucky; B. W.hvcnt, Tennesm; A. F. Wright, Kentucky; F. &I. IblcMillan, ICentncky ; B. F. Scull, Arkansas; James L. Thonison, Tennemee; lTilliall1 &lillfi,hlississippi; J. 11. Barnett, Xssissippi; John E. Pendleton, Kentucky; J. $1. Taylor,
Mississippi; Chronway Owen, Alabama; Talcott Eliason, Virginia; Charlrs 11. Slllith,
ArknnLas; R. B. JPaury, Mississippi ; 11. D. Baldwin, Louisiana; Willianx A . Carswell,
South Carolina; Edward RInrtin, -; I1 n. Taliaferro, Virginia; I\. It. Wilson,
North Carolina; A. A. Rice, Tennessee; 11 1. Huger, South Carolina; J . Ford
Prioleau, South Carolina; M. S. Moore, South Carolina; J. F. M. Geddings, Sonth
Carolina; Henry J. Garrett, -; P Van Patten, Virginia; Henry Joyner, Arkansas;
H. A. XJettaner, Georgia; Silas C. White, Korth Carolina; IT.S.Coates, Arkansas; Middleton Xlichel, South Carolina; Charles G. Iostell, South Carolina; Beletha Powell,
I~misiana;K. C. Divine, Florida; R. W.Park, Alabania; John S. Colernan, Georgia;
Thomas A. Evans, South Carolina; Martin Bellinger, South Carolina; J. W. Hill,
South Carolina; Lewis V. I h o t , South Carolina; 1,. C. Kennedy, South Carolina;
Alva Connell, Georgia; Joseph A. James, South Carolina; Solomon S. Satcha ell, North
Carolina; Thomas A. IIealey, Jlaryland; Richard F. Jlichel, South Carolina: Hore
B. Trist, Georgia.
BsststccI?t \u?yeons.
Sampson Pope, South Carolina; Waddy Thompson, South Carolina; 1. M. Gamblc, Virginia; William N. Strickler, Virginia; Angnstus Breysacher, Missouri; John L.
Baird, Tennessee; Angereau G. Csinp, I<t3ntricky;William H. Baldwin, Tennessee;
Jabez V. Childers, Tennc
; R. C. Thomas, Kentucky; John L. Elliott, Louisiana;
Samuel M rhonlpson, Tennee*ee; William F. Eluniplireys, Tennessee; B. M.Lytlc,
Tennewer; C. C. Abernathy, Tennessee; J. F. Scott, Kentucky; W.&I.Cole, Kentucky; J . 31. Ilunkett, Tennessee; W H. Cooper, Blississippi; F. G. De Roche, 3%
sissippi; C. S. TIr. Price, Alabama; D. R Dungan, Tennessee; De Witt C. Day, Tennessee; J. W. RlcEwen, Kentucky; Leonard A. Slater, Virginia; Janies 0. Harris, District
of Columbia; Arthur F. Wood, Mississippi; Isaac W.Anderson, Alabama; Williani M.
Snann, Virginia; Albert S. Mayo, Virginia; John F. Miller, North Carolina; Robert 1.
Smith, Korth Carolina; Alfred W.Wiseman, North Carolina; John &I.Lawing, North
Carolina; Swepson Cox, Korth Carolina; William A. Blount, NorthCarolina; JosephD.
Pearsall, Xorth Carolina; James M. Ahernethy, North Carolina; Cyrus E. Worrell,
North Carolina; William A. Holt, Korth Carolina; Robert S.Ilalsey, Sorth Carolina;
Francis N, Lnckey, Sorth Carolina; Iloscoe G. Barham, North Carolirm; Williain W.
Gaither, North Oarolina; W.11. Bailey, __ ; Aurelius A. Lyon, Mississippi; Thomas
P. Blathe\+s,Virginia; 13. S. Carea, Alabama; Z. J. Jlosclc~y,Virginia, C. W. Walker,
Virginia; E. I?. Pierson, Alabama; Andrra W. Burnet, South Carolina; Joseph
Yates, South Carolina; Joseph H. Jennirigs, South Carolina; 1 verso11 1,. EIarris,
South Carolina; Henry M. Faust, South Carolina, William T. Russel, South Carolina; Nathaniel Hart, South Carolina; l?.W.May, Virginia: Ric.hard 1,. Woodward,
Virginia; R. L. May, Virginia; Joseph S. Leonard, Missouri; R. A. Crockett, Tennessee; M. W. King, Kentucky; H. R. Stcvcnson, Kentucky; J. 1,. Hibbett,
Tennebsee; T. R. Winpo, Tennebsee; Alex. Hnnter, Virginia; John B. Saunders,
Kentucky; Benjamin 1).Lay, Kentucky; 11. F. Weenis, Louisiana; 1). H. Morrison, Arkansas; Alfred Smith, Kentucky; W.T. Perry, Tennessec; 6. It. McFaddeii,
Arkansas; P. H. Thornton, Louisiana; Sosephus B. Herbert, Arkansas; W. B. w i l liams, Tenne8sc.c; J. D. Wooten, Tennessee; Robert IS. Harris, Tennessee; Peter l%.
Ford, Arkansas; Samuel C. Smith, Virginia; Cxleb Taxey, Alabaii!a; William Toxey,
Alabama; Thomas Gaddie, Virginia; R.M. Piggott, Virginia; Richard Lewis, Virginia; William D. Hoyt, Georgia; X. W.White, Virginia; W. A. Greene, Georgia;
George A. Carter, Virginia; 1V 11. Douglas, Virginia; Charles Uuffy, Korth Carolina; Benjamin Rhett, Sonth Carolina; Henry Jervey, South Carolina; E. 3. lCellera,
South Carolina; T,&s 51. Grin~ball,South Carolina; I. W.Angel, South Carolina;
T. 8. Grimke, South Carolina; M. M. Butler, -; G. TI. Waddell,
; Charles
G. Gregory,
, William H. Elliott, soutii Carohla; William J. David, South Caro-

-9

186

JOURNAL O F THE

[ A w . 17,1862.

lina. William S. Connet, South Carolina; Henry G. Lungren, Florida; H. i\I.Gamble,


V&nia; Johrl K. McLean, Virginia; George E. Redwood, Florida; Alex. F.
Pharr, Georgia; H. D. Capers, Georgia; J. B. Davis, Louisiana; vv. M. Scarborough,
South Carolina; Ira E. Smith, Georgia; Fredefic Hunter, Maryland; Albert Fairfax, Virginia; Edward E. Jenkins, South Carolina; A. W. Youngblood, South Carolina; Alfred Wallace, South Carolina; Benjamin F. Kilgorr, South Carolina; Charles
K. Mauzy, Tennessee; William R. Capehart, North Carolina; James Evans, South
Carolina; Charles H. Taber, South Carolina; George E. Trescot, South Carolina;
George W. Fletcher, North Carolina; Samuel Muller, South Carolina; Iverson I,.
Harris, Georgia; Clarence A. Tripp, South Carolina; Henry M. Faust, South Carolina; Charles D. Rice, South Carolina; William T. Russel, South Carolina; Nathaniel
Hart, South Carolina; William H. Way, Georgia; William H. Ilarriu, Georgia;
Julius Haring, Georgia.
I am, sir, respectfully, your obedient servant,
GEO. W. RAXDOLPII,
Secretary of Tlnr.
To His Excellency JEBFERSOX
DAVIS,
President, etc.

The message was read; and


On motion by Mr. S arrow,
The Senate proceededp to consider the nominations contained therein;
and
Resolved, That the Senate advise and consent to the appointment of
the persons named in said message, agreeably to their respective
nominations.
Mr. Sparrow, from the Committee on Militaiy Affairs, to whom was
referred (on the 5th instant) the nomination of T. A. MTashington as
a major in the Quartermasters Department of the Army of the Confederate States of America, reported, with the recommendation that
said nomination be confirmed.
The Senate proceeded to consider the nomination of T. A. Washington; and
Resohed, That the Scnatc advise and consent to the appointment of
T. A. Washington, agreeably to the nomination.
Mr. Spttrrow, from the Committee on Military Affairs, to whom
were referred (on the 15th instant) the norxiinations of cJ. H. Burnett,
M. T. Johnson, W. 13. Calhonn, N. H. Darnell, sr., Bradley T. Johnson, Pleasant J . Phillips, John Marshall, and Charles Wickliffe, as
colonels; Anderson F. Crawford, S. F. Mains, John T. Coit, Edward
R. Dorsey, Dan. P. Hill, and W. D. Lannom, as lieutenant-colonels;
C. R. Beaty, Thompson Camp, Alfred Ithett, Charles C. Morgan,
Clement A. Evans, Isaac W. Patton, W. J . N. Welborn, John Screven,
and Beverly Randolph, as majors; Cornelius Hoyle, James Wood
Tucker, rJanies J. RiLiley, Norman V?. Smith, B. M. Gailor, Jos. M.
Adams, Charles A. Harding, as brigade quartermasters, with the
rank of major; A. T. Monroe, Alex. McVoy, R. G. Lamar, 1. H.
Means, James K. P. Record, John T. FIerrell, George W. Wang,
Dunstin $1. Banks, James Maurice, Thomas C. Haslcins, A. MT. Broaddus, Henry L. Mayson, Eli Harrison, William M. Payne, L. Lake,
S. Hillyer, J. P. Horbach, Miles Selden, F. M. Wigginton, James Y.
Leigh, Rufus J . Reid, William A. Welch, W. G. Vardell, C. S. Mills,
Saunders D. Oliver, Ed. K. Warren, as assistant quartermasters, with
the rank of ca tain; John C. Palmer, Jcsse G. W. Leftwich, William
A. Walton, ames T. Hamilton, as brigade commissaries, with the
rankof major; W. E. Haile, 7.17. G. Privett, B. C. Bryan, W.B. Metts,
William H. Estill, Fleming Jordan, Richard C. Perkins, John Hale,
D. H. Baldmin, T.B. Trout, El. McC. Newton, James H. Eakin, E. B.

.
I

Apr. 17,180'2.1

SENATE.

187

Tuttle, Walter Caruth, Stephen 13onsa1, H. C. Cunningham, J. H.


Heck, James 31. Xohlc, Thoinas d. S. Sandford, dohn W. Robinson,
Lewis I?. Marshall. as assistant coinrnissaries, with the rank of a t p tain; John B. Rcnfroe, James A. Ivy, d. F. Ruist, Thomas J. Beck,
James B. Taylor, jr., ?JohnLandstreet, S. 13. Suratt,T. A. Smith Adams,
Woodlicf Thomas, Ales. 111. Thigpen, as chaplains; Jo h n M. IIilliard,
Williani H. Parker, K. S. Means, M. 1,. Lane, Bichard H.'Parker,
Charles M. M7iley, 31. H. ltoyston, Tallies .E. Jordan, \Ir. I-Inys Otey,
William A. Ryan, Sunitcr Len, Augustus S. Hutchison, Thomas S. Burnett, as adjutants, with the rank of first lieutenant; J. 13. Waddy,
James I>. Porter, E. Griswold, ?James D. Armstrong, as assistant
adjutants-general, with the rank of major; G. W. Latham, W. H.
McCardle, John P. O'Brien, A. C. Thom, George 3'. Harrison, William G. Earth, Charles Rutledge Holnies, Jos. Heyward, as assistant
adjutants-general, with the rank of captain; MT.N.Gaither, as surgeon; John S. Carrington, Thomas F. Henry, rJos. E. Dmyer, \f7, R.
Mason, jr., Peyton E. Page, A. H. liogcrs, Alfred E. Doby, T. B.
Lyons, A. H. Lucas, as aids-de-camp, with the rank of first lieutenant; J. W. Gregorie, as engineer, with the rank of captain; R. J.
Bruce, E. G. Butler, J . A. Sitgreaws, John C. ]Slit,chel, :is cgrptains;
W. M. Bridges, B. &I. Harrod, C. N. Morse, Georgc, 1'. Crane, S. C.
Uoylston, 14'. S. Simkins, George E. Haynsworth, T. Davis Waties,
as first lieutenants; William H. Johnson, E. S. Pickling, ,J. B. Hawkins, Iredell Jones, Oscar La Borde, s. G. Haywood, as second lieutenants, reported, with the reconirnendation that all of said nominations be confirmed.
The .Senate proceeded to the cwnsidcr:ition of said report; and in
concurrence therewith, it was
Resolued, That the Senate advise and consent to their appointnient,
agreeably t o their respective nominations.
Mr. Sparrow, from the Conimittce on Military Affairs, to whom
was referred (on the 15th instant) the nomination of 'I?. It.Wagner
as lieutenant-colonel, reported, with the recommendation that said
nomination lie on the tablc.
The Senate proceeded to consider said nomination; and
Resolved, That it lie on thc table.
Mr. Hill, from the Committee on the .Jndic~iary, to whoni wcre
referred the following nominations, \-iz :
For the State of Georgia-Edward .J. IIardcn, to be jntlgt. of the district court; and
Thotiias L. Ross, to be marshal.
For the State of I,ouisiana-l1:&~in Warren Moise, to be judge of the district court;
Henry C. Miller, to be district attorney; a n d Constantine B. Beverly, to be iitarslial,

reported, with the recommendation that all of said nominations be


confirmed.
Whereupon, it was
ResolTed, That the Senate advise and consent to their appointmenl,
agreeably to their respective nominations.
Mr. Hill, from the Committee on the Judiciary, to whom was
referred the nomination of John C. Nicoll, to ht district attorney for
the State of Georgia, reported, with the recornmendation that said
nomination lie on the table.
The Senate proceeded to consider said nomination: and
Resolved, That it lie on th e table.
Mr. Brown, froin thc Committee on Naval hft'airs, to whorn were

JOURNAL OF THE

188

w.

referred (011 the 16th instant) the nominations of William


Will&son, as lieutpnarst f o r the war, and William 1. Peters, as naval storekeeper at the navy-yard, Norfolk, Vtt.,reported, with the recommendation that said nominations be confirmed.
The Senate proceeded to the consideration of said nominations; and
&?.w,hed, That the Senate advise and consent to their appointment,
agreeably t o their respective nominations.
Mr. Clay submitted the following resolution; which was considered
and agreed to:
Resolved, That the President be requested to inform .the Senate whether MajorGeneral George B. Crittenden and Brigadier-General Williani I. Carroll are, or have
been, under arrest for drunkenness; and, if so, whether any court-martial or conrt
of inquiry has been ordered on their cases, or what disposition has been nu& of the
same.

On motion by Mr. Hill,


The Senate resolved into open lcgislative session.

FRIDAY, APRIL 18, 1862.


OPEN SESSION.

Mr. Clay, from the Committee on Commerce, to whom mas referred


the bill (H. R. -) to prohibit the transportation to and sale of certain
articles in any port or place within the Confederate States in the possession of the enemy, and to prohibit the sale, barter, or exchange of
certain articles therein named, to alien or domestic enemies, reported
it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (13. R. -) last mentioned; and no aniendment
being made, it was reported to the Senate.
Ord~7*ed,That it ps~ssto SL third reading.
The said bill was read the third time.
Bewh~d,That it puss.
Oi*dewd, That the Secretary inform the House of Representatives
thereof.
Mr. Brown, from the Committee on Naval Affairs, to whom mas
referred the bill (H. It. -) to provide for the appointment of chaplains at tlic naval hos it&, reported it without amendment.
The Senate procee ed, as in Conimittee of the Whole, to the considcrntion of the bill (1. It. -) last mentioned; and no amendment
being made, it was reported to t h e Senate.
Ombed, That it pass to H third reading.
The said bill was read the third time.
Besohed, That it pass.
Orde~ed,That the Secretary inform the House of Representatives
thereoE.
on motion by Mr. Dortch,
Ordered, That the Hon. George Davis be granted leave of absence
from the Senate during the remainder of the session.
Mr. Barnwell, from the Committee on E7inance, reported
A bill (S. 49) to amend an act to regulate the mode of paying the
members of the Senate and House of Representatives, and the disbursement of the contingent fund;

5)

Apr. 18, 18F2.1

SXNATE.

189

which was read tho first and sccond times and considered as in Committee of the Whole; and no aniendiiient being made, it was reported
to thc Scnatc.
OdeTed, That i t bc cngrossed and read a third time.
The said bill was read thc third time.
B ~ ~ l 7 i e That
d , it pass, and that thc title thereof remain as aforesaid.
O t d e ~ d Tllst
,
thc Secretary request the concurrence of tile House
of lieprcscntatives therein.
The Scnate resumed, as in Conimittcc of the Wholc, the consideraact to prcscribc
tion of the bill (S. 46) to nniend an act ent>itled
the rates of postngc in the Confcdcrate States of America, and for
otl1cr purposcs.
On motion by Mr. Yanccy, to aiiiend the hill by stril\ring out, in the
first sertion, the words for any distance within the Confederate
States of Ainerica, ten cents, and inserting i n lieu thcrcof the words
fivc ccnte for all distsncts under two hundred miles; ten cents f o r
all distances o r e r two liundred iiiilcs and under five hundred miles;
and fifteen cerits for all distances over five hundred niiles,
MI-. .Johnson iiiored to aiiiend tlic proposed amcndmcnt by striking
out the words two hundred, wherever they occur, and inserting in
lieu thereof the words one hundred; and
It was deterniincd in the affirmative.
On thc question to agree to the amendment as aintnded,
It TVMSdetcrmined in thenegative,
- ._
. . _ _ _
- - _-_
_- _- _lo
14_ On iiiotion by Mr. Yancey,
Lhc yeas arid nays being dcsircd b j om-fifth of tlic Senators piwmit,
T h o w who voted in the afiirniativc are,
hlcssi-s. Harnmell. Dortch, Haynes, Hill, ,Johnson, Lewis, Maxwell,
lcyton, Semmcs, and Yanccy.
Those wlio voted in the ncgative arc,
Messrs. Baker, Brown, h r n c t t , Clay, Clark, Henry, Ilunter, Mi tohel,
Orr, Oldham, %elan, Preston, Simms, and Wigfall.
So the amendment was rejected.
No amendment being made, thc bill was reported to the Scnatc.
Ordered, That it be encrrossed and read :t third timc.
The said bill was read &e third time
Rci,col?)pd,That it pass, and that the iitlc thereof be as aforesaid.
Orde&, That the Secretary request tho concurrence of the House
of Representatives therein.
On motion by Nr. Preston,
(Irdmed, rhat tho Committee on Military Affairs bc discharged
from the fnrther consideration of the resolution inquiring into the
propriety of ailthorizing the Yresiden t to receive irregular troops for
detached service.
Mr. lhelan, from thc Corriruittee on Printing, to whom was rcfcrrcd
the resolution (H. 1%.
-) for the prcscrvation of public documents,
reported it mi thout ammdmen t.
The SenRte prooeedcd, as in Committee of the Wholc, to the consideration of the resolution (11. K. ) l a 4 mcntioncd; and n o amendment being made, i t was reported to the Senate.
c
Oydewd, That it pass to a third reading.
The said resolution WRS read the third time.
Bcsolved, That it pass.

{ gg-------

190

JOURNAL 03 THE

t h . 18,1862.

Opd,ged, That the Secretary inform the IIOtlsc of Representatives


thereof.
A message fro111 the President of the Corifederatc States, hg Mr.
B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States 011 yesterday approved and
signed a n act (S. 38) authorizing the issue of Treasury notes.

OT&red, That the Secretary inform the House of Iiepresentativeu


thereof.
On motion by Mr. Oldham.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (11. R. -) to regulate the compensation of deputy
postmasters; and having been ainended on the motion of Mi*.
Oldham,
the bill was reported to the Senate and the amendment was concurredin.
Order&!) That the amendment be engrossed and the bill read a third
time.
The said bill as amended mas read the third time.
Besohed, That it pass, with an amendment.
O~dered,That the secretary request the concurrence of the House
of ltepresentatives in the amendment.
Mr. Phelan, from the committee, reported that they had examined
and found truly enrolled the bill (H. R. -) regulating the fees of
clerks, and for other purposes.
The President pro tempore having signed the bill (H. R. -) last
reported to have been examined, it was delivered to the Secretary of the
Senate, and by hini forthwith presented to the President of the Confederate States for his approbation.
On motion by Mr. Barnwell,
The Senate resolved into secret legislative session.
The doors being opened,
The followi rig message was received from the House of Reprcsentatives, by Mr. Lamar:
A h . Iwsident: 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. Mitchel, from the committee, reported that they had examined
and found truly enrolled the following bills:
S. 1. A bill to recognize the organization of certain military companies;
S. 18. A bill declaring the officer who shall act as President in case
of vacancies in the offices both of President and Vice-President;
S. 25. A bill relative to the pay and allowances of deceased soldiers;
S. 33. A bill to authorize the exchange of bonds for articles i n kind,
and the shipment, sale, or hypothecation of such articles; and
S. 37. A bill to punish drunlienness in the Army.
On motion k)y Mr. Seinines,
The Senate resolved into executive session.
The doors bein opened,
On motion by fir. Phelan,
(Irdered, That when the Senate adjourn it be to meet at 11oclock
to-morrow.
On motion by Mr. Mitchel,
The Senate adjourned.

Ayr. 18,1862.I

SENATE.

191

SECRET SESSION.

The following inessage was


federate States, hy h h . 13. N.

ivcd froin the Fresident of the Conrison, his Secretary:

To tile Xmnfe and IIoc/se ( f 12epvsnbtatiria of the Coiifederate ,totes:


I tleeiii it iiiy duty to all your attention t o some practical difficulties which will
occur in the execution of tlic law just passccl fur the conscription of all persons snbject to military duty brtyeen the ages of I S and 35 years, and t o point out son~e
oniisbions that it seeins w i ~ to
e mpply.
1 T i m e a r e a iiuniber of troops in the wrvice of the several States for wtlich 110
provision is inade. They h a r e been organized for State defense, which is necessarily
the public defense, but are not a p r t ot tlir armies of the Confecieracy. I t v;ould
not bc politic to break np tliese organizations for the purpoPe of takirig out of theill
such of the inen as are subject to coiiscription tor distribution among other troops.
I suggest that powcr he p a n t e d to the Executive to accept a transfer of such regiment8, battalions, squatlrons, or companies now in the service of the rcaspective S h k s
as may be tendered by the States, according to any organization consistent with the
Confederate laws.
2. In the tenth section of the bill there is a seeming conilirt beti\een two clltuses,
one of nliicli requiirb that i n all m6eh elections shall be held to fill the lowest grade,
while another gi\ e~ pon tr to ~)romotefront the ranks, to any vacant office, a private
<ompi(uously. I 1%onld be glad to have the
(1 i n an a~nentlmcntto thc bill.
ac*t of 1 1 t h I>cc.einber,1861, it uw declared

t cntered the military serv-

I slio~ldrcyret to t.ee ~ i i ~ no\!


ii
for the firit time brought into service under the
stringrncy of the la\$ Iestctl mitli a riglit of choosing their association, ahile the
salrle 1)ri.rileve is denied to tlio5e M ho ha\ e distingulslicd tlicmselvcs bv the alacrity
with <\ hich they have volunteered.
J EFFERSOX I)A\TIS.

The message W R S read.


Ordered, That it he referred to the Coiiiinittoc on Milititry Affairs.
On motion by Mr. Clay,
Oidtrd, That thc Coiiirriittce on Conimcrce be discharged from the
further consideration of thc rcsolution inquiring whether persons
within thc Coiifccierate States chiin to cxerciqc jurisdiction, and claim
rights and privileges as coiisuls of foreign countries.
Mr. lrcstan, from the Committee, on Military Affairs, to whom was
rcferrcd the hill (H. it. - -) to provide further for thc public defrnse,
rcportcd it, with tho i*ecommc.ndationthat it, ought riot to pass.
Ihe Scriatc proceeded, as in (J~rninittceof the Vlhole, to the considcrxtiori of thc bill (FI. It. -) labt mentioned; and
011 thc question,
Shall this bill be rcsd :I third time?
It was dctcrmincd in thc rwgat1vo.
So the bill was rejected.
Ordered, That thc Secretary inform the I-Iousc of Eeprcsenkatives
thereof.
On motion by Mr. ITdBn,

192

JOURNAL O F THE

[Apr. 18,1862.

Ordered, That the Committee on Military Affairs be discharged


from the further consideration of the report of the Secretary of War.
The following message was received from the President of the Confedcrate States, by Mr. B. N. Harrison, his Secretary:
EXEGLTTITE
DEPARTXENT, A27ril 18, 7X62.

TOthe Senate and Howe of Repraeentatives:


I herelvith transmit, for the information of Congress, a communication from the
Secretary of WQr, covering a copy of t h e official report of Maj. Gen. Earl Van Dorn,
of the battle between his forces and those of Generals Sigel and Curtis, in ArkanSas.
JEFFERSON DATIS.

The message was read.


Ordered, That it be referred to the Committee on Military Affairs.
A message from the House of Representatives, by Mr. Lamar:
Mr. President:
The House of Representatives have passed a resolution rescinding the resolution in
relation to the adjournment of the two Houses of Congress; i n which they request
the concurrence of the Senate.
They have also passed a bill of t h e Senate (R. 33) to authorize the exchange of
bonds for articles in kind, and the shipment, sale, or hypothecation of such articles.
The Speaker of t h e IIouse of Representatives having signed sundry enrolled bills,
I am directed to bring them to the Senate for the signature of their President.

On motion by Mr. Orr,


The Senate resumed the consideration of the resolution requesting
the President t o instruct Mr. John Slidell, comuiissioner from this
Government to His Majesty Louis Napoleon, Emperor of the French,
to propose to His Majrsty terms for a treaty of amity and commerce
between the two Governments; and having been amended on motion
of Mr. Johnson, and further amended on motion of Mr. Yancey,
On the question,
Will the Senate agree to the resolution!
. _ _
.
14
It was detennined in the affirmative, YcmNays . _. . ..
_ . _ . _8. .
On iiiotiori by MY. Orr,
The yeas and nays bciiig desired by one-fifth of the Senators present,
Those who voted in the affir~nativeare,
Mcssrs. Clay, Clark, Dortch, Henry, Hunter, Johnson, Lewis,
Maxwell, Mltchel, Orr, Phelan, Peyton, Preston, and Yancey.
Those who voted i n the negative are,
Mcssrs. Barnwell, Baker, Burnett, Haynes, Hill, Oldham, Semmes,
and Simms.
So tho resolution as amended was agreed t o as follows:

IZesohwt by the Senate of the (onfederate Statcs of America, That t h e President is


hereby respectfully requested to instrnct the commissioners from this Government
to Her Britannic Majesty, His Imperial Majesty the Emperor of the French, and
Her Majesty the Queen of Spain, to propose to them t h e following terms for a treaty
of amity and commerce bctween the said Governments and the Government of the
Confederate States:
First. That the Governments of Great Rritain, France, and Spain shall declare the
inefficiency and consequent illegality of the blockade of the ports in the Confederate
Statcs by the Coverninent of the TJnited States, and that they maintain i n our waters,
during the war with the United States, a sufficient number of war Tyessels, i n connection with the Navy of the Confederate States, to enforce t h e declaration and effectually
rake the blockade.
Second. That the Governments of Great Britain, France, and Spain shall supply
and transport to the Confederate Government mch arms, ammunition, and munitions
of war as may be needed in the prosecution of the war with the United States; the
Government of the Confeclerate States paying therefor the niarket value of t h e articles
so furnished,and that i n any treaty of peace hereafter to be entered into between the

193

SENATE.

hpr. 18,1862 ]

Confederate Statw ant1 the United States t h e decision of all quc.stions in F a i d treaty,
in rcgard to hountlaiirs, sliall l w iintler tlie sole and cxcliisive judgment ant1 control
of tlic. Conidcrate tjtatc..
Third. That the llcsident be aiitliorizd to offer l o thtl (;overnrnents of Great
d 8 p i n snch discriminations in faror of liritish, Frpiich, and
iind 11a\igxtion. foreign niitl coast\
as lie I ~ ; I J T fill(] to
thc aid and cooperation of the fir
1, Fren(+, an({ Spanish
c piirpows aiorwaid and \I liich sliall be iii accordaiicp with tllc
triic intcreit 01 tlic Confederate Statw.
Four t l i The treaty, when inade awordiiig to tlie forcgoiiig tclms, to tolltiliue of
force. for
years, after wliicli time either part) may annul the sanl(,, havirig
gii (11 t w l \ e months noticc. of su(1h intention.

The Senate procccdtd to consider the resolution of tllc llollse of


Hepresentntiws 1~ iiitling the resolution in relation to the itdjouruinent of both 1 1 o 1 1CI ~of Congress; and
After dcb:itc,
On motioii hy Nr. ilI:txwell,
The Scnatc resolved into opcn legiblativc session.
IIaving again resolved into swrct legislativ
ion,
The bill (I. lt. --) to :micnd :in :Let entitlcd Air :u*t to aniciid an
nct Ixxognizing the csiiteiicc, of nar lwtwecii t h c liritcd States :uld
the Confederate States, t i r i d conccrniiig letters of n w q u e , pi*izcs, iind
prize g ~ o d s , approvcd
~
Mny 21, 1861, ~ v a sre:td thc lii-st and second
tiiiics mid r o f c i n d to the Conirnittcc 011 XIilitaq- 118airb.
The joint ri:solixtioii (TI. R. --) for the hctter scciwity of tlic archives
nnd (iovcrnincnt of the Confcderatc States was rc:zd the first md socond tinies a n d referred t o thc Committec on the ,Jucliciary.
The bill (I. li. ---) to aiitliorizc ccrt:tin contmctr for tho prc:hase
of not exctecling six iron-l)liltetl vessels o f nar \tab rcad tlic first and
i t w i l d tiiiics and referred to the Committee on W:~valAffairs.
On motion t)y hIr. Ilurnctl,
The Senate resolwd into open legislative session.
EXI.:CUTIVB SIGSSIOK.
?hi> following rncss:ig(: \V:IS rcccivcd 1rom the President>o f tlrr Con
fedcrnte St:itt\, 1)s311..13. N. flwrison, his Src,ret:iry:
l,Xl:ClTI \,I:

~)I~l,\ILI.MCNI,

I?!chlno!ld, Ap111 IS, fS62.

To (kP ,Senrde of llrr CfmtcdiJtr r l r S / ( I t ( 5.


I nonllnatr tlie- pvimnb iiniiieil nil t h c amic%xetllist to Iw postiiiasters, agreeably
to thc recoinrncndation of tlic Iortrriastcr-Gencral.
J I~WFb:lihON 1>A \I S.

ionor to s i i h i i t thtb names of thv follov ing pwr-on.; for appoints, \\ itli your F,scdlmc*ps:ipproval, inid tlic adrice mid cw1scLlit

. Jetrr, Colnnibu~,(;a ; Thomas Cravford, Atlicm, (;a. ; Solonion Cofrc~n,


Sa\aniiah, (;a ; .Itkinson T. Ilxrdin, Itome, Ga.; Tlionia? U. llo\\aril, Atlanta, b : ~ . ;
\Villi;1i11 F. (;ro\Trs, Marietta, cia ; Etlinund Richardson, All)any, G ~ I; ..Janics JI.
Smythe, Angusta, (;a ; Martin A Bowdoin, Griffin, Ga.; ISzekicl S. Candlcr, MIIledgerille, (+a.; \\lIliam \\oods,;\lathson, Ga. ; Washington Ioc., MN(OII,
(;a ; 1ioI)crt 11. Cilaxq, I,ynrhloiirg, Va. ; Reubcii 7.Tholri, Iredcritksburg, \a. ; \Villinrn JJ.
lieblinger, Chailottes\iilc,Va.; Georgc Santloc, Abingtlon, Ta , \\1lliam \ \ ( ~ r t c ~ r i baker, Unirerqitv of Trirgiiiix, Ya.; Lrvi I,. StcA\,cnmn, Stauiitolr, Va., J o l l n 1;.
Cooke, Portsltlouth, Ta.; Rngnstni: M.\ay$an, No1 folk, \a , \villiaril 15 Ihqs,
Petersburg, V n . ; Thoniav 13. llnnkrtt, Lexington, Va. ; Joseph McCorriirc k, riaton
Rouge, La. ; John \Y.Taller, Natchitoches, La. ; Eugene R. Biossat, dlexandrla, La.;
c

J-VOL

2-04-13

194

JOURNAL O F THE

[hpr. 18, 1862.

Alfred I-Tuger, Charleston, S. C.; James B. Glass, Colu~nF)ia,S. C.; Thornas \l.
Pegues, Camden, F. C. ; William AlcNulty, Georgetown, 8.C. ; Benjamin F. Sinlmons, Apalachicola, Fla. ; Thomas E. Jordan, Pcnsacolu,, $la. ; Milts Nash, Tallahassee, Fla. ; Charles \IT.
Charlton, Knoxville, rsnn.; H. I. Iliillips, Chattanooga,
Term. ; Matthew C . (;a.llaway, Memphis, Tenn. ; IIUgh I%l:lck,Edaula, isla. ; Willian1
Howell, Marion, Ma. ; John A. Smith, Florence, Ma. ; Tholuas \\t,lsh, Nontgornery,
A h . ; William I. Eagar, Selma, Ala. ; John W. &*Cay, Tuscaloosa, Ala. ; .John 31.
Powers, Tuscumbia, A h . ; William J. Windhain, Huntsville, Al
-Mol-riln.
- - --- A In. : \?I illinin B. Sloan. Vickshurg, Miss. ; JVilliam 1.
Miss. ; iV6lia,m H. Crittenden, Holly Springs, Miss. ; Christopher R. I)iclimn, J x k son, Mies.; Joseph S.Antley, Clinton, Miss. ; Jacob Isaacs, Uolumbus, Miss. ; Jeremiah D. Mann, Aberdeen, 3iiss. ; James C j . Cook, Fayetteville, N. C. ; Hranson (4.
Graham, Greensboro, N. C. ; George T. Cook, Raleigh, N. C. ; 1)anicl Dickson, Wilmington, N. C.; John Taylor, Goldsboro, N. C.; Janics T. Iorter, Napolcon, Ark.;
Williarri F. Pope, Little Rock, Ark. ; Willinttl Rust, Austin, Tex. ; Owen I,. Cochran, Houston, Tcx.; John B. Root, Galveston, Tex.; E. C. Deivey, Sail Antonio,
Tex.
I

Very respectfully, your obedient servant,

JOFIS 11 REAi(+z1X,
losf ninstm- Oeiiertrl

The PRESIDENT.

The message was read.


Ordeed, That it be referred to the Committee on Post-Offices and
Post -Roads.
Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred (on tlie 17th instant) the nomination of T. M. Wagner, to be
a lieutenant-colonel, reported, with the recoinrnendation that said nomination he confirmed.
The Senate proceeded to thc consideration of the said report; and
in coniwrrence therewith, it was
Bc;.solved,That the Senate advise and consent to the appointment of
T. M. Wagner, agreeahly to the nomin:ition.
Mr. Preston, from the Coniniittcc on Military Affairs, to whom ere
r e f e i n d (on thc 16th instant) the noniinwtion:, of T. C. Hindnian and
. J ~ h i iC. 13recliinridgc, to be major-general,, t i r i d William Preston,
,Julius A. de h g n c l , John Kchols, Georgp M:inq-, Alfred lllouton, and
.John S. Williams, to bc higadier-gcncrnIs, reported, with the recommeritlation that :dl of 4 d noniinations be confirmed.
Thc Senate proceeded to the consideration of said report; and in
conctirrcnce therewith, it was
ZZe.wluet?, Thnt the Senate advisc arid convent to their appointment,
agrreahly to ttrcir respective nornirixtions.
On motion by Mr. h r n c t t ,
The Senate resolved into secrct Icgislative session.

SATURDAY, APRIL19, 1x62.


OPEN SESSION.

Mr. Phelan, from thc comniittcr, reportcd that they had examined
and found trill. eni*olledthc following bills:
H. R. ---. A bill to providr for the payment of officers of the Virginia militia or services rendered;
1. R. -. -A bill to increase the clerical force of the QuartermasterGencmli Rureau;
3. R. - . A bill to :mend tin act entitled An act to increase the
Corps of Artillery, and for other purposcb, approved August 21,1861;

Apr 19, 1x62 3

SENATE.

195

1-1. 12. -. A hill to regulate t,he collertion of the \v:w tm in certuin


States inmdcd hp the enemy; a i d
11. 12. -. A bill to limit tlic compensation of clerks, mmlmls, and
district attornejs of the Confederate Sttitcs.
The President pro temporc having sigiicd the enrolled bills last
reported to havc hccn examined, t h y wcic dclivcrcd to the Secretary
of the Senate, tmd by him forthwith presentcd to the Prcsidellt of the
Confederate States for his approbat.1011.
Mr.Semines, from the Joint Comrnit,tcc 011 Flag and Senl, sitbrtlitted
:L report, accompanied by a joint resolution (S. 11)adopting the flag
of the Confederate Stxtcs of Amcricx.
On motion by Mr. I<urnctt,
The Senate resol\ cd into secret lcgislntivc session.
The doors being opened,
Thr following nicssage TVBS received from the 1loiisc of 1tepi*esonttitiYcs, 1)y Mr. Dixon, the (lcrk:
dent: The Bpeakrr of tlic IIonic of Itcprcwiit,itil es Iiavinp s i p c d snntlry
Ils, I aiii directed to bring tlicwi to tlic Seiiatcb for tlir sijinaturtb of their

Prrsitkn t .
The Hoiise of Iteprcsentatires 1i:iw 1 ) a w d 1lie lollowing bills:
11. R. -. A hill to anicntl a n act to pro\ide for tlic cirgani~ntiorrof the Navy,
approrrd JIarch 16, 1861, arid lor other piirpnsw;
11. R. -. A bill to establish c t ~ t a i ipwt
i
rontcJs tlicrc%iiiiiainetl;
11. R. -. A bill supplementary to the act to cnc*oiiiagc thr i~r;iiirifac~tarc~
of salt,ter and of small arms;
II. It. -. A bill to amenci an act to iiicrcaw t i r e iiii~ithiyvstxtliiistiirrcwt of ttic
Confcderate Statcs, a n t i to amend an act for thc, c-tablisliiiieiit and organimtion o f
the Army of t h Confederate
~
States of .Irnc.r ica,
11. It. -. A bill to probide for tlir rafc and expetlitious tmmportatinri of troopsand
innnitions of war by railroads;
n act to
11. R. -.
11. It. -.

pie\ itlc

for

it11

iiicwase of tlw Quarterinaster .

A bill for the enlist


d bill to organiw h

d
inessagc
l
from tiic Hou

Ch,

1)- J2r. Lamar:

lh J ~ T P s ~ ~The
c ~ ~IIonsc
:
of li~~prc~~cnt:iti\c~s
Iia\c c.onc*iirrctl i n 111c aniriitlniciit of
thc Senate to the joint resolution (TI. It. -) for tlia rc~lirlot (npt. li(m rkslia.
21

niessagc from the Ifoiisc of I<cprescntati\ es, 1)y hIr. Ford:

Jfr. I~~es~tlcn1~
Thc IIoii~eof Jic~presc~iitaii\
(b Iiavc~p a s d R 1)rIl (11. 1%. --) t o aid
i n the construction of a ct,rt:iiii l i i i t . of iailrnatl 111 tlic States of 1,onisi:tn:t ~ 1 x Texas
1

A message froin thc IIonsc o f Mclrsciitativci, 1)y MI*.


Ford:
Z r . IreYided. The IIouw of ltcpr[~sciitnti\,es lisvc~pa tl t l w iollowiirp hills aiitl
joint resolution of t h r Sriiatc:
S.42 A hill for tlir relief of the lcgal rcprcsent,iti\c~sof Saiirric~l)I. W~lkcq,late
adjutant of t h r Fourth licpiment Soiitli Varoliwt \oliiirtcc~s;
S 44. d bill in relation to autliting acconiit.: for tlic \V:ir 1k~p:irltric~ltt;
S. 49. A 1,111 to aiiientl an act to regulatc the iiiotle of p:iying tlic 1 n c 1 1 1 l ) o . ~of tlic
zjenatc, arid 1Iouse of Itcprcwntati.\q anti the ths1)ursc~inciitof it re c.ontiirgeirl fniitl,
with an aiiiendinent; and
S 10. .Joint resolntion to aiitliori/,e t l i c k Seclet:iiv of t l i v lc>asuiy to 1ay tlic
mileage and per tfierii of niembers of tlie 1rovi.ioiial (onpic,sy o u t of thc corrtinglqt
fund of that Congrees.
And they agree to the amentlmcnt.i:of the Seiinlr. to t l r v l)i11 ( J I It -) t ( cmforcse
~
prompt returns froni tlishursing ofiiccii: ~ i i t agents.
l
The Rpcnkcr of tlie Honse of fCrpr(wit;rti\ r x q Ira\ ing \igire(l in ciirollrtl ti111 :ti1(1
sundry enrolled joint resolutioiis, 1 mri c1irc.c tccl tu Iring ttwni to tlie Scnate tor tlie
signature of their Iresident.

196

JOURNAL OF THE

[APT. 1% 1862.

A message from the House of Representatives, by h1r. Lamar:


jfr.prrea;de,tt:The

HOLIS~
of Representatives have pasaecl a bill of the Senate

(s. 29) to alnend the ecveral acts in relation to the pay of

ctiaplai~isin thc i i n n v .
They have concurred in the alriendinents of the Senate to the bill (H. R. 2)to
an act for the establishment and organization of a general staff for tlle Army
of the Confederate States of America.

On motion by MY.Preston,
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. -) to authorize the appointment of officers
of artillery in the Provisional Army: and no amendment being made,

it was reported t o the Senate.


Ordered, That it pass to a third reading.
The said bill was read the third time.
Resolved, That it pass.
OrdMed, Thakthe Secretary inform the House of Representatives
thereof.
On motion by Mr. Preston,
The Senate proceeded, as in Comniittec of thc Whole, to the consideration of the following bills:
H. R. -. A bill to increase the Corps of Engincers of thc Provisional Army; and
H. R. -. A bill to organize a signal corps;
And no amendments being made, they were severally reported to
the Senate.
Ordered, That they pass to a third reading.
The said hills were severdly read a. third time.
Rmsohrd, That they pass.
Ordered, That the Secretary inform the House of Representatives
thereof.
Ah. ,Johnson, from thc Committee on Military Affairs, to whom
wtis rcfcrred the rcsolution (13. 1%.--) of thnnlis to Major-Gencrals
Vnn Dorn mid Price, and the officers and soldiers under their comniand, for their valor, skill. and good conduct in the battle of Elkhorn, in the State of Arkansas, arid of 16s ect for the rriernory of
(>cncrals McCulloch and Illclntosh, reporte it withorit amendment.
Thc Senate proceeded, as in Coinmittcc of the Whole, to the consideration of the resolution (H. R. -) last mentioned; and no amendiricnt being mede, it was reported to the Senate.
Ode.rwJ, That it pass to a third rcading.
The said resolution was read thc third time.
Ir2esolved, That it pass.
07*dwed,That the Secretary inform the House of Represent at1ves
thereof.
On motion by Mr. Ijrown,
The Senate proceeded, as in Cormnittee of the Wholc, to thc connidcration of thc bill (11. H . --) to amcnd an act entitled An act to
1)rovidc for the organization of the Navy, approved March 16, 1861.
: ~ n dfor other purposes; and no amendment being made, it was reported
to the Senate.
Odwed, That it pass to a third reading.
The said bill was rc:td thr third time.
Resolvd, That it pass.
Ordmd, That the Sccretarr inform the House of Representatives
thereof.

Apr. 19,lSGZ.I

SENATE.

197

A h . Hill, from the Committee OJI the ,Tudiciary, t o whom mas


referred the bill (1. It. -) to liriiit the act authorizing the suspension
of the writ of habeas corpus, reported it without ainendiiient.
The Senate proceeded, 115 i n Committee of the Whole, to the consid11. --) last mentioned; and no amendment being
eration of the bill (a.
made, it was reported to the Senate.
Orde~ed,That i t pass to a third reading.
The said bill was read the third time.
Besolved, Ihat it pw.
O r d e i d , That the Secretmy inform the House of liepresentatires
thP1POf.

The bill (I. R. -) t o aid in the construction of a certain line of


railroad in the States of Louisiana and Texas was read the BrbL arid
5econd times and considered RS in Committee of the Whole; arid no
uiiic~ndmentbeing made, it was reported to the Senate.
O d e w d , Tliat it pass to a third reading.
The iaid bill was read the third time.
On the quehtion,
Shall this bill pass?
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P1
determined in the negntivp, j( Yeas._
Nnyi
.
- - - _..
12
On iiiotion by Mr. Oldham,
The yeas iirid ria) s being desired by one-lift11 of the Senators prcseiit,
Those who vote& in the :~ffii~iii:~tive
arc,
Messr>. Clark, Dortch, Henry, Jlxxwell, Phelan, Selumes, and
Wigfall.
who voted in the negative are,
b. lhrnwell, Bakcr, Burnrtt, Claj , liiaynes, Hill, E-iunler,
Lewis, Ilitclicl, Orr. Oldham, and Preston.
So it was
R c d v c d , That thir bill do not pass.
O i d c r d , That the Secretary inform t h e House of ltepresentatives
thereof.
A message from thc lilouse of Bt~presentatives,by Mr. Dixon, their
Clerk:
iWr. Presidenl: The IIouie ol Kepresentati\es have passed a b i l l (11. 1i. -)
to
aineiid an a c t elititled An a( t to ituthorizc, antl provide for the oiganization of the
Maryland Line, appi oyed Fel)ruxry 15, 1862; 111 wliich tlicy request thc concurm i t e ot the Senate.
They have also pawed, uiiaiiiinonqlj , rerolutioiis in rclftxrencc to the death of 11011.
John Tyler.
Tile Speaker of thc I I O U S C ~of 1iepresentatives ha\ ing signed sunthy e1iroIIe.d bill.,
I am dircctcd to bring thein to th e Senate for tllc sigrixturv ol their Iresident.

A meshtip from thc ILousc of lZeprcxent:Ltircs, I)JMr.M(aI)~t~ald:


Pwsidepif The HOLIW
o f Representatives liave prce(1 a11111(IT R -) to rep(ln1
wrt;tin la\\ ii tlierein named, arid to tleclilre otllpry i i i full forw in ielation to c t ~ ~ l v t n ~ a i i w of niailablr ii1attc.r ontsitie of the mail; 111 M hirh they reque.st tlie concurrence
Xr.

(it the Senate.

The following bills were severally read the first and second time3
and considered a h in Committee of t h e Whole:
1. K. -. A bill supplementary to the act entitled An act to
t.ncou:.age the nianufacturt. of sdtpeter and small iirn1b;
1. ii. --. A bill for the enlistment of cooks in the A ~ I Ij ~ J

JOURNAL O F THE

198

[APT. 19,1862,

-.

H. R.
A bill to repeal certain laws thercin named, and to declare
otliers in full force in relation to conveyance of niailal~lcrnattcr outside of the mail; and
H. It.
A bill to establish certain post routes thereiii named;
And no ,zmendoients being made, they were m w a l l y reported to the
Senate.
O ~ d e r ~ That
d , they pass to a third reading
The said hills were severall? read the third t h e .
&soked, That they pass.
Or&ped, That the Secretary inform the House of Itepresentat1ves
thereof.
Mr. Phelan, from the committee, reported that they had exanlined
and found truly enrolled the following bills:
S. 29. A bill t o amend the several acts in relation to thc p y of
cha lains in the Arniy: and
$42. A bill for the relief of the legal representatives of Samuel
M. Wilkes, late adjutant of the Fourth Regiment South Carolina
Volunteers.
The President pro tenipore 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 f o r his approbation.
The following bills were read thc first and second times and referred
to the Committee on Military Affairs:
H. Id. -. A bill to regulate the granting of passports;
H. H. -. A bill to amend an act entitled LAnact to provide for an
increwe of the Quartermaster and Comniissary Departments; and
13. It.
A bill to provide for the safe and expeditious transportation of troops and munitions of war by railroads.
A message froni the President of the Confederate States, by Mr.
13. N. Harrison, his Secrctary:

-.

-.

Mr. President: Tlic President of the Confederate States tias this clay approved and
sjgiielect an act (8. 18) declaring the ofiicer who shall act as President in case of vacaiicies in the offices both of lresiclrrit and Vice-President.

OrtZered, That the Secretary inform thc House of Beprcsentatives


thereof.
On niotion b9 Mr. Wigfall,
The vote on the rejection of the hill (EL It. -) to aid i n the construction of a certain line of railroad i n the States of Louisiana and
Texas mas reconsidered.
The said bill being ag;tin untler coiisidcration,
Aftcr debate,
On tile question,
Shall this bill ntiss?

The yeas :Lndnays heing desired by onc-fifth of the Senators present,


Those wlio voted in the nffirniative are,
Messrs. Clay, Clark, Dortch, Henry, Hunter, Johnson, Maxwell,
Phclan, Peston, Semnies, IVigfaIl, and Yancey.
Those wlio votcd in the negative are,
Messrs. Ik~rnwell,Baker. Burnett, Haynes, Lewis, Urr, Oldhsm,
IJreston, arid Siaims.

Alr 117,1SG2.]

SENATE.

199

200

JOURNAL OB THE

[Apr. 19,1862.

Order& That it pass to a third reading.


The said bill was read the third time.
Resolved, That it pass.
O.rdcre& That the Secretasy inform the House of 1ZepresentativeS
thereof.
The bill (H. R. -) to amend &act entitled An act to authorize and
provide for the organization of the Maryland Line, approved Fchruary 15, 1862, was read the first and second tinies and conhidcud as in
Committee of the Whole; and having been arrieiidetl on notion of 311..
Rurnett, it was reported to the Senate and the aniendnient was concurred in.
O&e.red, That the amendment be engrossed and the bill read the
third time.
The said bill as arriended was read the third time.
Resolved, That i t pass, with an amendment.
Ordered, That the Secretary request the concurrence of the ZIousc
of Representatives in the aniendnient.
Mr. Phelan, from the committee, reported tlmt they had cxamined
and found truly enrolled the following bill and resolutions:
11. R. -. An act regulating the fees of nistrshalh, and f o r other
pin oses;
?R.
Resolution for the preservation of public documents; :tnd
11. 1%.-. Joint resolution for th e relief of Capt. Ben. Desha.
The President pro tempore having signed the enrollccl bill and
enrolled joint resolutions last reported to have been examined, they
were delivered to the Secretary of the Senate, and 1)s hini forthwith
presented to the President of the Confederate Strtteh for his appro
bation.
On motion by Mr. Hill,
The Senate resolved into excciitirc sewion.
The doors being opened,
The following message W I Lreceived
~
from the House of Representatives, by Mr. Larnar:

-.

ilir. Presid~nt.The House of Representatives have agrpecl to the amenclnicnt of


the Senate to tticbill (11. I? -) to regulate the compcnsatiori of deputy postinauters.
The Speaker of the Horise of Representatives having signed t a o enrolled bills and
an enrolled joint resolutirtri, I am directed to bring them to the Senate for the sigiiatrire of their President.

A meshagc from the House of Representatives, by MY.McDonald:


MY.Presidenl. The House of Representativcs have passed the following joint reso-

lntions:
11. R. -. Joint resohition to authorize the Joint Committee on Public Huildingr lo
r w t rooms for the Treasury 1)epartnient; and
11. R. -. Joint resolution to provide for the payment of stationery purchased foi
tlw Provisional Congress;
In which they nslr the concurrence of the Senate.

A message from the House of Hcpresentatives, by Mr. Lnmar:


Mr.. Ptrstdrnt. The 1 1 0 1 1 ~of Representatives have concurred in t l ~ ai~leildrnent
r
of
tlw Senate to the bill (11. 11. -) to organize bands of partisail rangers.

A message from the House of Bepresentati\res, by Mr. Lnmar:


Jfr. Prrsidail. The IIouse of Representatives ha\ e agreed to the amentlments of
the Senate to the following bills:
H. k.
A b.ill to amend an act to authorize and provide for the organization of
tlw Maryland h e , approved February 15, 1862; and
11. R.
A bill to orgaiiize battalions of sharpshooters.

--.
-.

201

SENATE.

Apr. 19, 1862.1

A inessage from the House of Kepresentatives, by Mr. Lamar:


JI~.11escdolt: The House of 1teprcseiltRtircs havt, 1

46) to anieiitl a n act entitled A n


crate Statcs of America, and for o
The Speagrr of the IIonse of l3
I a111 directed to bring theill to t h

(1 a bill of the Sellate (s.


of portage in t h c t Confe(1-

signed sundry enrolled bills,


ure of their President.

Mr. Maxwell, from the coninlittee, reported that they llad exalllined
: ~ n dfound truly enrolled the following I)ills m d joint resolution:
S.44. An a c t i n relation to auditing nccounts for the War Depilrtme lit;
S. 49. An act to amend t i n act t o regulate the mode of paying tho
nienibers of the Senate aiid House of Heprcsenhtives, :md the disbursement of tlic contingent fund;
H. R. --. An act to orgrtnizc a. signal corps;
EI. B. -- . An act to aid in the construction of a certain line of railroad in the States of Louisi:tna mid lesax;
11. lt. -. A n act to repeal certain laws therein named, and to decl:m
others iti full forcc in relation t o conveymcc of mailable imttrr oirtbide of the rnnil; a n d
S. 12. .Toilit wsolntion to authorize tho Secretary of tlic Treasury
t o p y the niilcage :~ndper dicm of nicmbers of the i-im~ixionxl
Congress out of the contitigcnt f u n d of that Congress.
The President pro tentpore having signed the enrolled 141s and enrolled joint resolution lust reported to h:iw been ex;mtined, they were
dclivcrcd to the Xccret:Lry of the Senate, atid by liitii forthwith prcsrntcd to the President of the Conicderatc Staten for his approl)tLtion.
A nicwage fi*ointhe ITousc of iieprcscntatives, by Mr. Lamar:
t h t :
n

lh, 1
Ir<~sid~iit.

Tile Speaker of the I Ioiire of Rcpreaentatives lraving signet1 s11iiJry


aiii directed to bring tlieiri to the Sexate for the s i p ~ ~ a t i iof
w thrir

A h . Maxwcll, from thci committee, reported that thcxy hati fotiiid


truly (~ni*ollecl
the following hills:
11. LL -. An act to limit the act authorizing thc susl)(~nsionof the
writ of h:thexs corpus;
11. It. -. An act to CstiLblish certain post routes therein tiawctl;
13. 12. - . An act supplcnlcntary to the act critilled An :ict to
cim)irtqp the ~iiiini~factnre
of s a l t p ~ t c rand of sinall ar111~;
11. K. -. h i act to :miend a n :Let to iticre:i,o the iiiilihry cstn1)lishment of the Confcdcratc States, mid to :unend mi rict for the cwts))lislrn ~ c arid
~ t organizatioii of the Army of the Chnfed(hr:itc Statcs of
RinericS:i;
11. it. . An act to organize bands of partisnn rangers; nnd
8. 45. At1 act to tiinentl an act ciititlcd (Ail act to prescribe tlte
raten of postage in the Confr.del.nto States of Anieri(n:i, : L I I ~ for otlwl.
p i 1tyohcs.

Tki(1 ircsident pro tempore haying signed the enrolled bills h t h t


reported to h u i ~ been
>
e~1~11iiiicd,
thrly werc, delivered to the Sec~*eta~*y
of .the Q~ri;~te,
and hy hiin forthwith pr(+mitcd to the Ii*esident of the
Confcderate State:, for his :tppiob&tioii.
On motion by Mr. Seninies,
O&&,
Tkiat ivheli the sc:i:ltc : i d j o u ~ ~iti ,be to nicct :ti 9.30 oclock
on Monday.
On itiotiori 1)sMr. Setiinwh,
The Senate adjourned.

202

i b r . 19,1862.

JOURNAL OF THE
SECRET CIESYION.

A message from the House of ltepresenttttives, 1 ) R/Ir.


~ nixon, their
Clerk:
Jfy. president: The House of Representatives ha\ e passed the join1 resolution
(8.10) of the Senate authorizing the Recretaiy of tlw S a v y to contlatt lor the
construction, in Europe, of Yix ironclad vesbe~s,v i t 1 anieiidliir~ntb,in I! hidl aillendlrients I am directed to ask the concurience of the Senate.
They haye passed the following bills:
H. R. -. A bill supplemental to the act to further provide for t h e piihli( tlefense;
and
H. R. -. A bill making further appropriations for the cxpcnses of the Government in the Treasury, JVar, arid Kavy Departincnts, arid for other purposes.

On motion by Mr. Preston,

Oq&)yd, That the Coininittee on Military Affairs be discharged


from the further consideration of the bill (H. B. -) to :uncnd an act
entitled An act to :mend an act rerognieing the existence of war
between the United States and the Confederate States, mid concerning
letters of marque, prizes, :tnd prize goods, approved May ,, 1861,
and that the same be referred to the Committee on Naval Aff airs.
On motion by MY.Brown,
Ordered, That the Corninittee on Naval Aflairz; be dischnrgecl from
the further consideration of I L coinmunicatiori froiii the Secretary of
the Navy in rcfercnce to certain estiniatcs for that Department, and
that the same be referred to the Coniniittec on Finance.
Mr. Preshn, from the Coinniittee on Military Affairs, to whom was
referred the bill (H, K. -) to organize battalions of sharpshooters,
reported it with anicndnients.
The Senate proceeded, :LS in Committee of the Whole, to the consideration of the bill (11. !A. -) last irientioncd; a n d tlie reported
atiiendirients having been ttgrecd to, the hill w:ii reported to the Senate
and the amendments wcrc concurred in.
(Irdmd, That the :uiiendnients be engrossed and the bill read a
third time.
The said bill :IF aincncied WAS read the third time.
B2lisolved, That it pass, with sniendinents.
Oider.etZ, That the Secretary request the concurrence of the House
of Representatives in the amendments.
hlr. Prcstoii, from the Committee 011 Military Affairs, suhniittcd
the following rcsolution; which WL:, considered and agreed to:
Srcwtary of War i.i hereby rcqniretl to ascertain, with all poawgiii~wt,battalion, squactroii, or cwiipany o f e v w y arni of the
of the Coiifetleracy, nncl tlic approxiriiate xtreiigtli of each coiiipany or organization and the State from which c w l i one c o ~ i ~ailtl
s , to report the
saine to the Senate at the cotiiiiitweiiieiit of tlic next session of Conqress, with a
statement showing tlw Iiiilitary departiiicnt where each of said c*oiiipaniesor organizatioiis may at t l i c x time be located for scrvice.

Mr. Krown (by lcave) introduced


A 1 4 1 (8. 50) to secwre for the use of the Government slnall arms
taketi froin the ciieiiiy;
which W R S rend the first and second times and considered as in Committee of t h e \Vholc; and having been amended, the bill was reported
to the Senate and the amendments were concurred in,
Orc&~cd,That it be engrossed and read a third time.
The said bill was read the third time.
R e s o l w d , That it pass, and that the titlc thereof be as aforesaid.
0

Apr 19,1862 1

203

SENATE.

O j d ~ ~ t That
d , thtl S C C I V ~I*eclrltlst
~ I * , V the (aoiiciirrenoe of the House
of lLcprestxhiti\-eh therein.
$11.. Hill, from t h e Connuittee on tlie ,Judiciary, to whoni was
p e f e r r d the joint resolution (H. R. -) for the better securitJ7 of the
wcliivcs and Go\-ernment of the Confederate States, reported it without ninenclnicnt.
A nicssage fro111 the House of Reprcscntati\Tcs, by Mr. Lttin2w:
Xr. Presideid: The Ilouse of Representative$ have passed a bill (1.R. -) regulating the granting of passports, in which they request thc coricLirrence of the Senate.

Ah. B ~ o w K
from
~ , the Committee on Naval AEairs, to whom was
referred the bill (H. It. -) to authorize certitin oonlracts for the purchase of not excecding six iron-plutcd vessels of war, reported it without aiiientliiicnt.
Mr. Freston, from the Committee on Military Annirs, to whom WLS
referred the bill (S. 41) to excinpt certain p(1rsons f m n cnrollnicntj
for service in the arniies of the Confederate Shtcs, reported it with011 t anlendinen t.
Mr. Oldhnm, froin tho Coininittee on Nnrnl Affairs, to whoni w i s
referred the bill (s.46) to :~iiwnd:in act (&tied An n c t re(qpiiziiig
the existerice of war bctwwn the Unitcd SjtRtcs :uKl tlic Coiifctlorato
States, and concerning letters of tn:~rque,prizes, :~ndprim goods,
approved May 21, 1861, reported it without amendment.
On motion by Mr. IIttynes,
The Senate proceeded to consider the resolution of the I-Ionsc of
Kcprescntuti\ eb, resci~ic~ing
the resolution i n r.c+iLion to the :djournof Congress; and
iiirrit on Monday, the 21st instant, of both Hou
On the question,
Will tho Senate ngrec to the iwolution?
.
LO
It was determined in the ncgativc, i y
~

Nz;

. ._

. -_ _ .

14

On motion by Mr. Phelan,


The yezs and nays heing desired by one-fifth of the Senator.: preseiit,
Those w h o voted in the aBrni:ttivc, w e ,
Messrs. 13row11,Hunter, Lewis, Oldliaui, Ilicl:tn, Peyt on, I1CStOKl,
Simnis, Wigf:dl, and Yanccy.
Those w h o voted in the negative arc,
3lesvs. 13arnwel1, Baker, 13uriiett, Clay, Clark, I)ortch, IIagnes,
Xfenry, Hill, Johmon, Maxwell, Mitchrl, Orr, R I I ~S C I ~ I I U C ~ .
So the resolution was rejeotcd.
On inotion by Mr. 11:~~
neb, tliat the votc rejecting the ~*esolutioll
last
ineritioned be reconsidered,
I t was determined in tlie negutirc.
On niotion by Mr. Yancxcg,
Ilie Scnnte proceeded, :is in Committee of the Vlrholc, to the considersitiori of the bill (S. 41)to excnipt certain porsons from enI*ollnwnt
for seiyicc in the;arniies of the ConfederrLte States.
Aft(T debate,
On motion by Mr. lhirnett, that thc, bill lie on the tsble,
f Ye?.;. .. . _
. - -7
It was de t e r i ni nd in the negative, N&
..
.._ ..._ 17
On motion by Mr. Orr,
The p i s and nays being desircd by om-fifth of tlic Scndors prc
Those who voted in the affirmative arc,

204

JOURNAL O F THE

IApr. 19,1862.

Messrs. Barnwell, Rurnett, Clark, Dortch, Orr, lcyton, and Simms.


Those who voted in the negative are,
Me3sr.s. Baker, Crown, Clay, Hayncs, Reni*y,Hill, Hu~ltcl.,Johnson,
Lewis, Maxwell, Nitcliel, Oldham, Phelan, Preston, Scmnies, TYigfall,
and Ysncey.
On motion by Mr. Orr, to amend the hill hy striking out the words:
pyov:i&d fu~-ther,That all persons who shall claim to be exenipted from said military service on the ground that they are foreigners, and who shall h a w exer
right of suffrage, slid1 be notified by the ofticpi before vvho111 such calaiiri
ellteled to leave the Confederate Stttles, mid if within thirty days after such pcrsoii
O r persons shall claim arid tstahlisli such exemption lie or they shall be found 11 ittiiii
the jurisdiction of the Confederate States, he or they sliall be claeriied a i ~held
l
to be
a a erlclny of the Corifederate States, and shall be iiiiprisoiled and otlierwise dealt
with as such,

lo
rrriined in the aflirpxtive, J Yeashays ..._
_ _ _ _ _ _ - - ... _ 8

On motion by JIr. Yancey,


The yeas and nays being desired by one-fifth of the Senators prcsent,
Those who votcd in the affirmative are,
Messrs. Barnwell, Burnett, Hayncs, Henrj7, Hunter, Orr, Olclhani,
Peyton, Ireston, and Simms.
Those who voted in the negative are,
Messrs. Clay, Clark, Hill, .Johnson, Mnxwrll, Phelan, Semmes, and
Yancey.
The bill 1i:Lving heen further :Imended, i t mas reported to the Senate
and the nmendnwnts mtde :LS in Committee of the Whole were concurred in.
O&wcl, That it be engrossed and read ii third time.
The said hill was read the third time.
Btsolvrtl, That i t pass, r~ndth:Lt the title thereof be as aforesaid.
Or&w(l, L1i:Lt the Secretary request the eoiwirrence of the House
of 1ieprescnt:Ltivm thcrcin.
MY.M:ixmcll, from the committee, reported that they ligd exaiiiiiied
rtncl found truly enidled t h t ~following hills:
S. 3 3 . An :wt to tluthorizc the exchange of bonds f o r articles i n
kind, iLmd thc shipment, sale, 01 11~pothec:itionof such ayticles;
11. Id. . A i l act to prohibit the transportation to and the sale of
certain :wticlw in m y port or place within the Confedcrate States in
the possession of thcl enemy, and to prohibit the sale, barter, or
(~xchangcof cwtaitl aiticles therein nanieil, to alien 01- doiiie4c
cncniies;
11. 1L. -. An act making Augmsta, Ga., n port of delivery for
goods imported into Charleston, 8. C. ; and
11. It. -. An act to provide for the appointment of c h a p h im at the
n:iv:tl hospitals.
r ,
lhe President pro t m p o r e having signed the enrolled bills htst
reported t o have been examined, they were delivered to the Secretary,
: ~ n dby him forthwith prrsetlted to the President of the Confederate
Statrs for his approbation.
Mr. Clay (by leave) introduced
A bill (S. 51) to authorize the employment of drillmasters;
which was read the first and second tiincs and considered as in Committee of the IThole; and no amendment being made, it WAS reported
to the Senate.
O&v&,
That it be engrossed and r e d :L third time.

206

,J@URNAL O F THE

[Apr. 19. 1862.

A message from the House of Representatives, by N r . Lamar:


&+. Preside& The House of Representatives h a w passed a hill of the Senate
(S.41) to exempt certain persons from enrollinerit for Perrice in the armies of the
Confederate States, vith an amendment: i n which they ask t h c concurrence of the
Senate.
The Speaker of the House of ltepresentatives having signed a enrolled bill, I am
directed to bring it to the Senate for the signature of their President.

The bill (H. R. -) t o amend ~ L act


I
entitled An act to providc
further for the public defense," approved April 16, 1862, was read the
first and second times and referred to the Committee on Military
Affairs.
Mr. Wigfall, from the Cominittee on Military Affairs, to whom was
referred the bill (H. R. ---) supplenientary to an act further to provide
for the public defense, reported it, with the recommendation that i t
ought not t o pass.
A message froni the Ilouyt of Representatives, b y Mr. Ford:
M I . President: The Hoiise of Representatives h a r e passed a b111 (11. H.-) to amend
an act entitled ,4n act to provide further for the public defeme, approved April 16,
1862, in which they request the concurrence of the Senate.

The t i l l (11. It. -) last mentioned was read the tirst,arid second times
and referred to the Committee on Military Affairs.
Jlr. Orr presented a coiriiiiunication from Maj. T1iom:ts M. Wagner,
acting comni:inder at F o r t Suiiiter, S. C., in relation to the sinking
of stone fleet\ at the entrance of Charlcston Harbor.
O~YZP~?,That it lie on the t:ilde and he printed.
On niotion by Mr. Seinni~s,
The Scnatc resolved into open legislative session.
?mI:CULIVE SESSION.

The following rneis:tg-c w i b received from the President of the


Confederate States, by Mr. 13. N. Harrison, his Secretary:
EYEClJTIYE D I < P A R r b l E W ~ ,

Richnaond, April l q , 1862.


Xu the S ~ ~ K0.f Itlw
~ PCoil.ferlernte R&s:
1 noniinate .I. C. Ivcs, captain, Confederate States A r m y ; J a m w Chesnut, of South
Carolina; \Vilii~ttn Irrstoii Johnston, of I<entnckp, lieutcnant-c,oloiiel, Irovisional
Confederate S t a t w A i m y , and \Villimti 31. Tirownc, of (korgia, to be m y nids-decam 1, wit11 the rank nt c*olonel,agreeably to ttic prori4onY of An act authorizing
the bresidcnt to increase his personal staff, approved April 2, 1862
JEFFERSOX DAVIS.

age w:w read; and


n by Mr. Yeinnics,
The Sent& proceeded to consider t h e noiiiinationKcontained therein;
and
B~aol/wZ,
That the Scn:Ltc advise and consent to the appointment
of the pcrsons nanied i n said message, agreeably to their rcsprctire
noinintitions.
The following nicssagc wa\ reccivcd from ttic President of the
Confcderate States, by Mr. B. N. Ilarrison, his Secretary:

208

JOURNbL OF THE

Adjutants, iuilh mnk of$r.Yt

[Apr. 19,1862.

IjevlwmLt.

W.T. Robinfi, to take rank April 15, 1862, Virginia.

George W. Thomas, to take rank April 3, 1862, Georgia.


S. B. Johnston, to take rank April 17, 1862, Alabama.
ASSISTAKT ADJUTAXTS-GENERAL.

MaJor.
Thomas L. Snead, to take rank March 20, 1862, RIissouri.
captains.

Henry M. Clark, to take rank Marrh 20, 1862, Missouri.


Thomas M. Scott, to take rank April 1, 1862, Texas.
Victor C . Barringer, to take rank April 5, 1862, North Carolina.
John \V. Fairfax, to take rank April 17, 1862, \?irginia.
,Iids-de-camp, with rank of firat lieutentriil.

Clay Taylor, to take rank March 20, 1862, Missouri.


Robert C. Wood, to tzke rank March 20, 1S62, Missouri.
Robert C. Antlrenq l o take rank April 1, 1862, Texas.
Williaui E. Krodriax, to take rank hpiil 5, 1862, Xorth Carolina.
J. G. Hugueiiin, to take rank April I , 1862, fiouth Carolina.
I have the honor to be, very respectfully, your obedient servant,
GEO. W. RANDOLPH,
e1n1-y of War.
To His E;scellenry JIWFEI<SO?~
U IVIS,
Prc,sideri(, rtc.

The inessxge was read: and


On niotion hy Mr. Hill,
The Scnatc procecdcd t u coiinider thc nominations contained thcrc~iii;
and
IZr:volwcn, T h a t the Senate advise and conscnt to the appointiiicnt of
thc.pcrsonr iiamecl in said message, agreeably to their respective nominations.
Mr. Oldhani, f i w m tho Cornniittcc on Post-Offices and Post-Roads,
to wiloiri ere referred (on the 18th instant) the nominations of Solomon
Cohen, Atltinson T. Hardin, Thomas C. I-Iowarcl, Millimi F. Groves,
Edmund Rich:i~dson, Martin A. Bowdoin, Ezekiel S. Candler, William
Woods, Washington Y o c , Robcrt 11. Glass, Milliam M, Keblinger,
George Smdoe, William ITcrtenbaker, Levi 1,. Stevenson, John I<.
Cookc, i2ugustuu M. Vaughan, William E. Uass, Thomas B. Plunkett,
,Jos. McCormick, John W. Iaber, Eugene R. Biossat, Alfred Huger,
.James B. Gl:Lss, Thomas W. Pegucs, William McNulty, Benjamin J?.
Simmons, Thomas E. rJodttll, Miles Nash, Charles W. Charlton, 1%.T.
Ihillips, Matthew C. Gallamay, Hugh Black, William FIowell, ,Fohn
A. Smith, Thorrias Welsh, William H. Kagar, John W. McCay, ,John
311.Powem, William ,J. Windham, Lloyd Ijowei-s, ~ ~ 7 i l l i aB.
m Slonn,
William 1. Mellen, William 1.Crittenden, Christopher It. Dicltson.
tJos. S. Rntley, *Jacob Isaacs, Jeremiah D. Mann, rJaIlles G. Cook,
George T. Cook, Daniel Dickson, Jo h n Taylor, James T. Porter,
William F. Iopc, William Rust, Omen 1,. Cochran, dohn 13. Root,
E. C. D e w y , to be postmasters, reported, with the i*ccommcnclation
that all of said nominations be confirmed.
The Scnato proceeded to tlie consideration of said report; and in
concurrence therewith, it was
KCAYJZVC~,
That the Senate advise and consent to their appointment,
agreeably to the nomination of the President.

209

210

JOURNAL O F THE

[Apr 21, 1862.

hir. Phelan, from the committee, reported that thcy had examined
and found truly cnrolled the following bills and joint rclsolution:
H. K.-. A n act to regiilde the compensation of deputy pobtniasters;
H. R. --* h n a c t to amend an act entitled An act to authorize slid
provide for the organization of the Maryland Line, approved Fehruary 15, 1862;
H. Et. -. h n act to organize battalions of sharpshootcrb; and
H. R. -. Resolution of thanks to Major-Generals Van Dorn :~nd
Price, and the ofliccrs and soldiers under their conirunud, for their
valor, skill, ancl good conduct in tho battle of Elliliorn, in the State of
Arkansas, and of respect or the rnetiiory of Generals 31cCulloch and
Nf C l l l tosh .
Thc Presiclent pro tcrnporc httving signed the cnrollod hi l l b 3 and
erirollcd ~*csoluLioiilast reported to have been examined, they were
delivcrod 10 thc Secretary of the Senatc, xnd by liiirr forthwith presentcd to tho lre4cnt of the Confedcrate States f o r his approbntion.
A inchsage frotii the I-louse of Rcprcscntatives, ljy ivlr. Lamar:

Iiolt of Georgia thc cotntriittcc 011 thcir part.

On iiiotion 1)y l f r . Orr,


P P . v ~ oT~h ,t :I coinniittec lie appointcd, jointly with the cornniitteo appoiiitcd o i l tho pwtj of tlic I loiwc of Ileprescntnti\ es, to wait
q ~ 0 1 1the 1residcIit aiid inform hiiu that the two Ilouses will adjourn
this d1.y : ~ lt d ocIo~.ki l l . , and to jnirc whether lic has aiiy further
conimrinic.atiorito ni&c to Congr
On tnotjon,
Om?,I*( d, Iht thc coniiiiittee 1)c appointed by the Prcsident pro
trnlprc; :mcl
&I r. IS.:u.iiwcll,AJr. Cl:irli, :mi M r. I-Ienry were appointed.
Llio joinl rcsolritiori (IT. H. --) to provide for t h e payment of btationcry prir~11:~hcd
l o r the Provisiontil Congress was read the first and
s c c m d tinics i i i d considcrctl : ~ s in Committee of the Whole; apd no
anicircliiieiit Iwing ni:de, it was reported t o the Senate.
OrtJ~~ed,
Ihitt it pahs to a third rcding.
r ,
1 ho said r(wliitioii :IS read thc third time.
retarj inforiii tlic House of Itepresentntives

Ihe joint, rcnolution (11. lt. -) to authorize the Joint Coninlittee


on Puldic Hiiildings to r ent rooms for the Treasury Departlimit WR:,
r ~ tho
d first : ~ i i dhccond tiincs and considered as i n Comrrlitt(>eof the
Whclo; ; t i l d 110 aincndtilcnt 1)rixig madc, it was reported to the Senate.
O t d i ~ t w J ,ilwt it p $ s to a, third rcadiiig.
7hc said rcwlrrtiou was rcad the third time.
retnry inform the House of Representatives

The S m i t e Iwnrricd, :is jii Coiiiinittee of the Whole, the considerat h e bill (El. R. --) to proiiiote the cficiency of the Medical
I)cpu.tnicnt of tho Ariiiy; and
tiox1 of

Apr. 21,1862.1

211

SENATE.

After dekmte,
On motion by Mr. Clay,
O ~ d ~ w cThat
l , it lie on the table.
MI,. Ummwcll, from t81x comniittcc :ippointed on the part of thc
Senate, jointly with the coininittee al)i)ointcd on thc p w t of the
IIouse of Representatives, to w d t iipoii tlie Irwidcnt, and infornl hiin
that the two Houses will ~ d j o u i * nthis day a t 12 oclock t n , , and to
inquire whether he has any further conininnic:ition to iiiake to Congress, reported that they had performed the duty assigned them, and
that thc President replied that he mould iminediatcly make suudry
coinniunications t o both Houses of Congress.
On motion by Mr. Maxwell,
The Senate rcsolved into executive sc.ssion.
The doors being opened,
The following message m 5 received from tho IIousc of Iteprc~scntativcs, hy Mr. Illcnonald:
ilfi. Irc.sident: The IIonsc of Itcpresentatires ha\-(. pa
the hour of adjournment of the t \ i o H o w r a of Congr
N liich they request t h e concurrcncc of tlic Senate.

d it i ~ b o l t i t i o i it>\triitling
ntitil 3 oclock 1. in.; i n

The Senate proccedecl to consider the haid resolution; niid


12c,dvcd, T ha t they concur therein.
Ord ~ c d That
,
the Secretary inform the H o u w of lteprcsentativcs
thereof.
The following message was received fro111 the President of the Confederate Stater, by Mr. 13. N . Harrison, his Sccrotary :
The President of tlie Cimfcderate Statcs, on thc 19th iiistaiit,
nrd the following acts:
S. 1 . An act to recognize the organization o[ cwtxiii military conipanies;
S. 29, An act to arnend the Peveral act&in relation to the pay of chaplains in the
Army; and
R. 42. An act for tlie rc4ieF of tlie legal rcpresenlittirrs of Sainnc.1 M.Wilkcs, late
ad jatant of thcx Fourth Regiment South Carolina 1-olnntcers.

Orcicred, That the Secretary iiifoi.in the Iouse of RcprescnkLtIre8


the]-cof
A messagc from the Ilouse of ItcprcsenttLtiveb, by Mr. Laimr:

I l r . Presideenf: The Speaker of tlir, {onst> of Rc,i)n,qt,ntati\.t,s 1i;tring signoil an


enrolled hill, I am directed to 1)ring it to thc Renatc for the signatnrc of thcxrr
President.
de,/t: The IIonse of Reprcsmtati\ cs hare passed I d 1 (IT. It. ) to it11
thorize payment to bc made for certain horses p,archasc,tl for t hc. il
I)y Col. d.IV. McIIonald, appro\-ccl Augupt 21, 1861; in whlch they rcrlucst thcl
currencc ol the Senate.
~

The Senate procecdctl to the considcration of the hill (11. K. -)


communicated this ci:ty from the House of Rq~i~csentatives
for con( Lurelice; whicll ~1a.s
rcad the first : l i d accond times and consid
in Committcc, of the Vhole; arid no amendment being made, i t was
reported to the Senate.
O/-*crcred,That it pars to a third reading.
T h e said bill wits rcad the third time.
&solved. That it pass.
OrdHed, That the Secretary inform the House of Repres(:lilatives
thereof.

212

JOURNAL O F FHE

[Apr 21,1862

11 nlesvage from the Honsc of Repi*cscntati\-e$,hy Mr. Lamar:


&.. presi&nt: Tile IIousc of Representatives lmre p a w d :L bill (11. R. -) making

qpropriatioiis to carry into effect an act authorizing the cvchango of l)ontls for
articles in ]rind, and the shipnient, sale, or hypothocntioii of such articles; in v hi(,ll
they requeet the c~)n(urrence
of t h e Senate.
The Speaker of the louse of Representative having signed two cnrolled joillt
resolutions, I am directed to bring them to the Senate for the signature of thcil
President

Mr, Phelan, from the committee, reported that they had cx:tininctl
and found truly enrolled the following bill:
EI. 1%.-. A hill to amend the act ammding the act recognizing the
existence of war between the United States and the Confederate Slateh,
atid c;oiicurriiiig letters of marque, prizes, and prize goods, approvcd
May 21, 1861.
The Yresidcnt pro tcmporc having signed thc ciirollecl bill h h t
reported to have been examined, it was delivered to the Secretary of
tho Senate, and hy him forthwith presented to the President of the
Confederate States for his approbation.
A niessagc froiii the Jlousc of Beprescntativcs, by Mr. McDondd:
Jh. Prpsidmt: The House of ltepresentatives have passed a resolution exteiidinp
t h e hour of adjourninent until 2 oclock p. in.; IIL which they request the concurrencc of the Senate.

The Senate proceeded. to consider said resolution; and


~csoh~,ccZ,
That thcy concur therein.
Ordered, That the Secretary inform the FIouse of Representatives
thereof.
Mr. Phelan, from thc, coinrni ttcc, reported that they had examincd

the following bill:


and found t d ~enrolled
1. 1%.
-. A bill making appropriations to carry into effect an act
anthorizing thc exchange of bonds for articles in kind, and the shipineiit, s:&, or liypothecatiori of such articles.
The President pro tempore having signed thc enrolled bill lwt,
reported to have been examined, it was delivered to the Secretary of
the Kenatc, and by him loi%hwitli presented to the President of the
Confcderate States for his approbation.
A messagc from the President of thc Confederate States, by Mr.
D. N. Harrison, his Secretary:
Jfr. imident: The Prcktent of the Confetltmte Skates, on the 19th instant, approved

O.r&~etZ, That the Secretary inforni the House of Representatives


thereof.

011niotion 1)y Mr. Clay,


Thc Sen:~tcproceeded to tho election of
MI..
CIav noiiiinated Mr. H u u t t ~ r ;:tnd

:L

lrrsitlcnt pro

tchlll1)ol-P.

214

JOUBNAL O F THE

[Apr. 21,1882.

j&s&&,
That a comiiiittcc of two he appointed to inform Mr. Hunter of his election and concluct him to the chair.
Mr. Clay and Mr. ,Johuson were appointed.
The committee having conducted the P r e d e r i t pro tvmpore to the
chair, he rose and addressed the Senate as follow:
SENATORS:I t is with deep sensibility that 1 rise to return you m y thanks for
the hoiior which you ha\y? done me in rcelectiiig iiie as Iresidt%t ] ) i o trinporc of
the Senate I tiz\ e endeavored, heretofore, so to disctiwge the diitic~sof that officc.
w to promote the efliicieiicy of your labors TVith nh:rt swcew, it ii for yon ailtl
miiltl he 110 tlificiilt taqk t o p t ( 4 t l i . o v ~ sri i c h a body
an (~arnrst,tlesirc t o disc hargp the pnl)lic dnties, and
s :we by the ties of mutual esteem and frientl4\ip The

proiccation of the \jar. You will cheer the faint-hearted,


hint-hcmtetl, in the faith that the blewings of Proyiclence must rest npon o w C ~ I I H C ,
:tiit1 you will Ptwngtheii t h e strong by your countenance and assistance iii the weighty
rttuggle upon \+1iit.h we have staked life, fortune, and liberty.
When you ietrun next siitiiiiier to t t w i i i i t ) your legislative l a h o r ~I, trnst that the
wnr donds a 1iic.h iiow lower over o w hoiizoii \+ill ha\ e spnit their fury i n vain,
a d that m e n i ~ yin& to coiigratuhttr each othei U ~ J D Isucli
~
hiicc*ebs RY N ill m o ~
ttrnn coinpwsatc ior all that H C have c d u r e d to achieve it. A n t 1 n o u , Senators,
Iwvniit iiic to rxjir(qsti) you iiiy desire for the safv anti happy rrtoin of r a c t i of yon
to his fiuiiily niid h o t i i c ~ ,i ~ i i dto iiivokc ior YOU the aid of Provitlt~r1c.ein a career of
riseiuliicw to yonr roiintry a i t i l triciidu. \Vi\hing you, i a o 4 cordially, healtlr, happ i i i e s ~ ,and proqperity, I bit1 yon, Seiiatow, cacli nkct all, a kindly farcnell.

Lhc hour ( 3 oclock p.

in.)

fixed by resolution for the :djournnicnt

of the Yenntc 1i:iving : i i * i * i v c d ,

lho li*e\id(>ntpro tcni1)orcI clwltu.cd the Senate to be :djourncxl until


31011dtiy,tht. lSth clay of .\Llgnht Irclxt.

mcxwr

SICSSION.

13row11,froni the C:ornmittrc o n Kavd Affairs, to whom n-as


red the bill (11. R. -) to arncnd
:Let eiititlccl An act to amend
t recqnixing the existcncc of u w 1)etwt~enthe Urliled Slatcs nutl
t lie Confrtlwatc, States, mid concerning letters of iiiarque, prizes, and
p i z e goodh, :q)provc~lMay 21,1861, reported it withoixt ainendiiient.
Thc Sjca:itcl proccec1Pd to consider the said bill as in Coniinittee of
t h \Vholc; sntl n o :unendment I)cing nitide, it F T ~ S reported to the
Kcnatc.
Ordwed, lhat it p
to n third rcading.
Lhe said bill \cis rcwd the third tirne.
12esol?~d,Th:it it pass.
O t v 2 m d , That t h e Sccretnry inforni the IIousc, of Ilepresentntives
thereof.
Mr. Brown, froln tlie Chminittee on Ntival Affairs, to svhoni was
rcferrcd the petitioti of ,I. 1. Levy, suhinittd a. report; which war
considered ; arid
h2~~r~
That
( i ,said petition lie on t h e table.
*.

Apr. 21, 1862.1

SENSTE.

215

Blr. Rro\vn, from tlie Committee on Naval Affairs, t o whom mas


referred the bill (S.43) to increase the nntnbw of cliapkiins and comrnaiidcrs in the K R V ~and
, to dcsigiiatc, 1)y suitable clccor:itions, those
who perform gallant arid meritorious service, reported it without
amciidriient; and, on his motion,
O ~ ~ l e ~ That
w l , it lie on the table.
The Senate proceeded to consider, ILS i n Coininittee of the \Thole,
tlic bill (13. 11. --) supplementaiy t o an act further to provide for tho
1)iit)licdefense; and no aineiidiiietit being ma&, it was rcportccl to the
Senate.
Oi&rrd, That it pass to a third reading.
llie said bill was read the third tinie.
E~solwd,That it p:~ss.
O ~ t l e r e d ,That the Sccretltry inform tho IIouse of lt(~piwcmtativcu
thereof .
011
niotiori by Mr. Wigfall,
O l d ~ i l ~ r dThat
,
tlic Secretary rctnrn to the House of ltcpwsentativcs
a hill entitled * AKill hupplcnicntary to :in wt fui*thci-to l)rovide for
the public defense, aiid iiiforiii the Housc that said bill i h ;L duplicate
copy of a bill heretoforc received and this ilay passed by the Senate.
Mr. Ii.eston, froni the Comniil oil llililitary Affairs, to whoni was
referred the bill (H. R. -) to xnicnd an :wt entitled
act to fm.lht,r
provide for the public defense, approwd Al)ril 16, 1862,i-eportcdit,
with the recommendation that it ought not to 1)ilhs.
SIP.Preston, froin the Conimittce on AIilitiiry ilfkuirs,to wlioni was
rcfciwd th e bill (11. li. --) to amend :m act erititlecl An act to provide
for. nri iiicrea.;e of the Quarterniartc~~
:itid (loiiiiiiiswy DPI):irtllrCiits,
rcported it, with tho rt!conimeiidatiori thrit it do not pass.
hlr. Preston, froin the Coiiimittw oii Mili tar? ilflairs, t o w l i o t ~WWY:
referred t h e following bills, reported them scvcrally without ~iniend-

t:
H. E. -. A hill to regulate t i i c gmnting of Imssport~;xiid
H. It. -. A bill t o provide f o r the safe and expeditious transport:Ltion

Illell

of troo1)s a i d muiiitioiis of war by railt*ond,z.


The Senate procceded to c~)nsiderthe miicndn~erit~
of the IIoLwt: of
Representatives to the bill (S. 41) to exeitipt certain persons 11vm
eiirolliiient for scrvice i n the :~rinicsof the Coiifedrlbatc S t : t t ( > h ; aiid
Resolved, Tlitit they disagrcc thcrcto.
Oy&ycd, Thai, the &cretat.y iiiforiii the llonsc of liepr(mrit:tti VCB
thereof.
The Senatc proceeded, as in Coininittee of the \VTr2101c1 to t h t x consideration of the bill (11. R. -) to authorize w h i i i cwntr:lcts for thc
purchase of not exceeding six iroii-plated vesselb of TVU; anti
On motion hy Mr. Brown,
O.rclem/, T h a t tha hill bc postponed indciinitcly.
The Senate proceeded, as in Committee of the \lliolc, t o thc considpration of the bill (11. 11. -) t o inc.rcasc the facilities f o r irrq)oiting
goods, wares, :rnd merchairdi~einto thc ports of the CoufedcrtLte State\;
and no amendment bcirig niadt., it was reported to tho Scnatc.
Ordered, That it pass t o a third reading.
The said hill was read the third tinie.
12esolued, That it p s s .
(jp&,&,
That the> Secretary iriforni the liouse of 1iclprewnttives
thereof.

216

JOTJRNAL OF THE

[Apr. 21,1862.

The Senate proceeded. as in Committee of the JJhole, to the consideration of the joint resolntion (H. B. -) for the hettcr security of
the archives and Governnient of the Confederate States; and
After debate,
On motion by N r . Semines,
Ory&t*ed, That it lie on the table.
Thc following message was reccived from the Zresidciit of the Confederate States, by Mr. J3. N. IIwrison, his Krcrctz~y:
To tiw Senate of f l i p Chf&rute Slates:
I herewith return, without illy approval, to the Senate., the J o i n t rwolutioii
directing horn pri7c moncy shall bc paid i n certain C~LYCJ.
This rcsolatiou tlrclarcr that the Piiire of prize inoiiep aviardlcd, tir \ ~ h c may
k
he

turbed or impaired by legislative authority, txccpt in tlw very y&il cas(s iianied
in thc Constitntion.

JOURNAL OF TIIF:

218

[.tpr. 21,18G2.

So it was
R~~oilV&,
That the hill do not pass, two-thirds of the Senate not
agreeing thereto.
Ordfled, That the Secretary inform the House of Representatives
thereof.
The following message was received from the President of the Confederate States, hy Mr. R. N. Harrison, his Secretary:
To the Seiiute and House of 12epresentnfwrsof the Confederate States:
1 deem it proper to inform yon that a number of acts passed by t h e Congress mere
presented to me at a very late hour oil Saturday night. I h a r e examined them as
carefully as the liiiiited tinie at iiiv disposal has permitted, and h a r e returned nearly
all of them with my approval. There are, however, three of them to which I h a r e
objections which it is impossible to communicate to you in writlng w t h m the few
remaining hours of the Peesion, arid which will, therefore, fail to become lams.
Ilappily, the acts in quehtioii are not of great publlc importance. Recognizing, as 1
(10, the right of Coagre~sto receive the fullest information from t h e Executive on all
iiiatters of legislation on M hich his concurrence is required by the Constitution, I
haye considered it more respectful to the Congress to makc this statement of the
cause which has pr(~ventetlilly action on these bills, than to retain them without
assigning my r t w o n for HO doing.

.JI.:FFERSON DAVIS.

The inessnge was read.


O ~ d m d lhst
,
i t l i e on tlie table.
h message from the House of Rcprescntatives, by Mr. Lamar:
out: The

,I

President.

itin

Speaker of the House of Rc-presentativev hariiig signed an


directed to bring it to tlie Seiiate for t h e signature of their

Mr. Dortch suhrnittcd the following resolution; which


ered tirid :~gi-ecdto:

WHY

cwnsid-

Whcw:t.i tlrc cwnstitutional convention of North Carolina, now in session at


Raleigli, have iii&w*tecl the. Senator$ from said State to call fnr the reports of the
battle of Iloariokt I ~ l a i i t l ,m(1lorwart1 a copy thereof to said convention; arid
Whercb:iq iiir(ltJr \ai(l i d 1 d l of said reporti. h : ~ \ ebren furnished except that of
Qciieral IViw, of tiit. t\r(wty-liist of February: I k i t , therefore,
~ ? f ? S l J / l l F d , Llial the Iresithwt be requested to liavc3 a copy of said ieport of t\\entyfirst of Pcbrnary lorwartlcti t o saitl conveiitioii XY soon as practicable.

Mr. lh(?l:ui, froni the c~)minittee,1-cportcd that they had cxarnined


tind fourid tiwly enrolled tlie bill (1% M. -) to amend the act aineriding
the act recognizing the existence of WRI betwcen the United States and
the Coiiicdei*ateShtes, and concerning letters of marque, prizes, and
prizc goodb, upproved May 21, 1861.
lhe Irosiclcnt pro teiiipore having signed the enrolled bill last
reported to 1i:ir.c been examined, i t was delivered to the Secretary of
thc Senate, a i d by hiin forthwith presented to the President of the
Confederate. States for his approval.
A niess:Lg(~From the HOWO
of Representatives, hy Mr. Lariiar:
MY. Ires,tlcul: Clie 1 foiise of lteprcseiitatircs insist on their ainendiiient to the bill
(H. 41) to e-icinpt certain persons froiii eiirollmciit for service in the armies of t h r
Conletlc~rati~
States.
ihe Sci1iLt-c.proceeded to consider tho amendment insisted on 1)y the

IIouse of lteprc~entativesto the bill last, mentioned; and


On niotion by iMr. ,C;eirmes,
Ro~olwrJ,Ihtlt the Soua,te insist on their disagreement to the amendment pro oscxi by tho House, arid ask a conference on the disagreeing
votes of t ie two llouses.
On iriotion by Mr. Sciiiiiies,

JOURNAL O F THE

220

[APT. 21,1862.

On motion by Mr. Burnett, that the vote on the passing of the bill
last nientioned be reconsidered,
It F:LS dctcrminccl i n the negative,
A message from the House of Representatives, 11y Mr. Laiiiur:
J ~ T . President: Thc IIouse of Representatives have receded from their anienclineiit
to the bill (8.41) to rxeinpt certain ptrsons froin riirollmtxit for scrvire i n the
armies of the Confrderate States.

A niesuagc f roiri the House of Representatives, 1 1 ~ 7Mr. Mcl>onnld:


Mr. Presitleni. The House of Representatives have passed a bill (11. R. -) to
organize battalioii.: of sharpshooters; iii which they rcqwst t h e concurrence u l t h e
Seuate.
Thc President of thr Confederate States, on the 19th instant, npprovcd. atid +ignc1
the following acts:
11. B. -, h i act to liinit t h e act mithorizing the suspension of t h r writ of habeas
corpus;
H. R.
An act to increase the iiiilitary establishment of the Confederate Statex,
and to amend an act for the establishment arid organization of the A r n ~ yof the
Confederate Statcs of hinerica;
H. It. -. An act to ~stnblislicertain post routes therein nanirtl;
1. R. -. Anact supplementary to the act entitled Qn act to rucourage the m ~ i i u factitre of saltpeter ant1 of sniall arms;
H. R. -. A n act to organizr n signal corps;
11. R. -. An act niskiiig further ap ropriatioiis for the expenses of the (+owrnment in the Treasury, War, and Navy%epartincnts, and for other purposeh;
If. R.-. A n act to aid in t h e construction of a certain line of railroad in the
States (JI
1,ouixiana and Texas;
1. R.-. Joint rewhition for the relief of Capt. Ben. Desha;
TI. It. -. A n a(%regulating the few of marshals, and for other purposes;
H. W. -. An act to iepcal certain laws therein named, and to declare o t l i t ~in
in relation to cnnwyancc of iiiailitble inatttxr ontbitlr oi the iuails; untf

-.

Irovisional Army;
of artillery in tlie Pro-

act to r(yilatc1 tliv eoinpciisatioii oi tlcputy postmastclrs; arid


A n :t(4 to ;uncnd XI act eiititletl An nct to provide for the organizittioii
, a p l ~ r o v h1rtrc.h
~ ~ l IG, 18(il, mid for ot1it.r purlwscs.
A11

lhc bill (11. ti. --) to o


t l u x first : ~ n dsocoid tiiri

Lnizc l~nttdioiisof sh:~rp~hootcrs


W ~ L Srend
nnci consiclrwd ILS i n Corriiiiittcr of the
:ultl 110 : 1 n l c ~ n t l l n e l wing ~ii:i&, i t WLS rcpot.ted to the Semite.
d, T1i:it it piis t o :L third reading.
: L i d Iiill w ~ i rI C I L C ~ tlic third tiiiir.
Z 2 w d t v t J , lhnt it p h s .
O I V ~ P ~Th:it
~ C ~th,o S i ~ r ct.:try i n f on11 t tic Hoiise of Reprr 9c nix t i v r s
thcrcof.
ie IIoiibo of Itopresc:ntati\-es, by Mr. -:
11

11ebitltwt.

L I W ~ of tlicx I Iorise oi 1tcpie~ent~tirc~H


Ii:i\riiig sigilpcl an
c ~ to
l bring it to tlir: Seiiatt. tor the sigrintorrt of thcir

Mr. lliehn, froni tho committee, reportcd that they had exmined
and found c o r ~ c ~ t ~l y~ ~ o l:t l bill
c d(S.41) to cxcmpt ccrtairi persons
from cni*ollrncnt, For wrvice in t hc :irinics of t hc Confcdci.:Ltc States.
The Presidciit pi)teniporci 1i:iviiig rigiirtl thc bill last rcportcd to

222

JOURNAL O F THE

So it was
Ordered, That the hill he read the third time.
The said hill was read the third time.
Rcisolvcd, That it pass.
Ordeerwd, That the Secretary infor111 the House of Representatives
thereof.
On motion by Mr. Clark, that the votc on the passing of the bill
last mentioned be reconsidered,
It was determined i n the negative.
A message from the House of Representatives, hy Mr. McDoriald:
MY.PreSdent: The President of thc Confederate States has to-day apprnv~dand
signed the following act:
E-I. R. -. An act to organize battalions of sharpshooters.

A message froin the President of the Confedemtc Sttite., hy Mr.

B. N. I-Iarrison, hi8 Sccrctary:

111,. Presidenf: The President of tlie Confederate States ha? this day approrctl anci
s i g n 4 the following art.
S. 52. A n act to alntwl an act entitled An act to further provide for the pnblic
defense, passed the 16th day of April, 1562.

On iiiotion by MI-.
Semmes,
The Senate resolved hito open legislative session.
3;XIWUTIVE BESSION.

Apr. 21,1862.1

SITNATE.

223

Assistmil p p t c t s f a r s . f o v thc icnl:

.To1111 J. Mcrherson, of Sonth Carolina; Calrl) Hill, of Jfissiasippi; (ieorge H.


ONeal. of Georgia: 11. JI. 9eav. of Tennessee.
With much respect, your obedient servant,
$. 1:. ILIALLORY,

224

JOURNAL OF THE SENATE.

[Apr 21, I R ~ .

ctl@CWkS.

First Lieut. Julius F. Meiere, vice Algernori F. Taylor, appointetl quart,erinaSt(Jr,


~ i t the
h rank of major.
First Lieut. George P. Turner, vice Robert Tansill, resigned.
With much rcspect, your obedicnt servant,
S. R. MALT,ORY,
Xccrctnt y oj' thc A7rl

The message was read; and


On motion by Mr. Brown,
The Senate proceeded to consider the nomin:itioiis contnincd thcrei:) ;
and
R~soLv&?,That the Senate advise and consont to thc :qq)oiiitiiiCnt
of tho persons nanicd in said meshage, agreeably to their rcs1)cctiyc
nominations.
On motion by Mr. Clark,
The Senate resolved into seurct legislative session.

SENATE

T H E CONFEDERATE STATES.
~ ( ~ l ~ ( ~ h 8$;CCl,lTI)
% S ,
!WtY810.l-, ,I I 7(: 7J5 T 18, In(,,?, T ( } ()CTOBflR
13, 1862.

MOhT)AY, AU(:USTIS, t862.


OIEN AESSION.

The Senate c*onveiicdpursuant to thcir a(1jotinliuent on t h e 2 l h t day


of April, 1862, and tho roll having bccn called, thc. following Senators
rcy)ondcd to their i i,mcs:
~
Jmies If.I k k c r , A. G. Ijrown, Hcnry C. I h ~ . n e t t Clcirioit
,
C. Clay,
,Joliii 13. Clark, George I)avih, \Villiani T.I h r t c h , Ltuidoii C. IIaynw,
I3cnjaiuin 11. Ilill, 12. M. T. Hunter, Angustus 13. Maxwell, W. S.
Oldhani, ,J~rncsPhelan, William 1Zalltlrd Preston, 7..J, Semmcs, Louis
1.Wigfall, and Williani L. Yanwy.
The IIon. dlcxandcr I. Stephens, President of tlic Sirnatc, rcriirned
the chair.
NIP. Clay siiltiiiittcd the following rcsolntion; wliiuh WHS considered
and :tgrccd to:
, That the Grcirtary of the Sviiatc voiiiiiiunicatc to the Ilousc o f Iteprethat t lie Heiiate haw met pursuant to attjournmmt, and that they are
ready to proceed to business.

A niessagc from the I-Iouse of Mcprcscntatjws, by Mr. Dixon, their


Clerk:
d m l . The House of Xfyresentativcq has xssctnblcd piirsudnt to adjourninent, xiit1 R qtioruin oi the ~ m i beirgpresent
e
are r r d y to piorwd to business.
They ha\ e appointed a coiiiinittee, to act ith a +irtlilal con1niittc.e froin the Senate,
to xait ul)on the1 President of the Confederate States arid inform hiiu that a quorum
of edch House has axseinbletl,and that Coiigress are rcacly to receive ariy communication fie may be pleased to make; a i d
Tlicy hare appointed Mcssrs. Curry, Terkins, arid Jones as thc c~ininitteeo n t h e
part of the House.

Mr. Clay submitted the following resolution; which was !,onsidered


and agreed to:
RfJsoIvrd, That a committee he appointed, jointly with the cmnmitter appointed
on the part of the House of Iiepreseiitatires, to wait upor1 the Ptc5ident of the Confederate States and inform hlm that a quorum of each Honic ha9 asseinbled, and that
Congress are ready to recell e any connnunication he iiiay be pleased to make.
c J-VOL 2-04-15
225

226

JOURNAL O F THE

lA4W 18,1862.

On inotion by Mr. Clay,


&&red, That the committee be appointed by the Prcsident.
And Mr. Clay, My. Semmes, and Mu. Dortch were appointed.
Ordered, That the Secretary inform the House of Keprescntatives
thereof.
Mr. Clay, from the committee appointed on the part of thc Senate,
jointly with the committee on the part of the House of Beprcscntatives, to wait upon the President of the Confederate States, and inform
hini that a quorum of each Housc has assembled, and that (longress
are ready to receive any communication he may be pleased to nialw,
rcported that they had p c r f o r n d the duty assigned them, m d that
the President replied that he would iuimcdiatcly iiialie a communication to the t w o Ilouscs of Congress.
The following message was receivcd from the President of the Confederate States, by Mr. 13. N. Harrison, his Secretary:
To the SerLate cciid I ~ qf
J 1ZeprcselLtatives
us~
of the (:onfeclerale Stictta:
It is again our fortune to meet for devising measures neccsvary to the public welfare,
whilst our country is involved i n a desolating \\ ar. The sufferings endured by soiiie
portions of the people excite t h e deep solicitude of f h e Go\ eminent, and the synipathy thus evoked has been heightened by the patriotic clerotion with \\ hich these
sufferings have been borne.
The gallantry and good conduct of our troops, alvr ays clainiiiig the gratitude of the
country, h a r e becm furtlier illustrated on hard-fought fields, niarked by e.iliik)itions
of individual prowcss which can find but few parallels in ancient or modern history.
Onr Army has not faltered i n any of thc varions trials to whicli i t Iiab I)cen y n b jected; and the great body of the people has continued to manifest a zeal and m a iiiinity which not only cheer the battle-stained soldier, hut gire assnrance to the
friends ol constitutional liberty of our final triumph in the pending struggle against
despotic nsurpation.
The vast army \\ hicli thrvaterietl the capital of the Confederacy has beell defeated
aiid tlrivcn froni the lines o f in\ebtnient, arid the enemy, repeatedly foiled in his
efforts for its rapture, i, now seeking to iaise iiew armies on a smle such as niodern
t subjugation of the South $0 often proclaimed
ured by c m n i p c t , tile Iriadiies u liicli
'ry ( onsideration of honor, Iia\ e been
iiitcnsifietl by tho nialignanw engcntlered by dcfcat. Tlic+e passions hake rliangetl
tlie cliaracler of the hostilities waged by onr cweinies, who are becoming daily l t w
reprdfnl of tlic nsngt5,rt.iof ci\ ilized war ant1 the divtates of humanity. iiapine ant1
wanton tlestrnction of pri\ ate I)roperty, war upon noncombatants, iiinrder of capti1 e-i,
bloody tlirrats to avcnge the death of an invading soldiery by tlic slaughtcr of
nnarnicd citizens, o i d ~ r of
r banishment agaiiist peaceful farmers dngaged in the cultivation of the soil, are some of the irieans used by our ruthlebs invnderb to ciifoicc
the submission of a frec p(~opleto foreign saxy Confiscation hills, of a character w)
atrocious as to itisure, if cxcctited, the titter rnin of the entire popnlation of tliete
States, at c p~ssedb y thcir Congress and appro\ t d by their Executive.
Thc! nioiicy etl obligations of the Confederate (;orerniiient are forged 1)) citizens of
thc lJnitctl fitates, and 11ul)licly:itlrertised for sale in their cities, with a notoriety
wluch snkfiticicntly attci& the kilo\\ letlge of their (hvernint.nt; ant1 its complicity i n
thc (TIIUO is further evinccltl bv the fact that the soldiers ok the invading armies are
found snpphctl with large quai1titic.s of thesc forged notes. as a nleans of tiespoiling
the country pcoplc by frantl out of siicli portions of their property as armed violence
may fail to reach. Two, at least, of the generals of the United States are engaged,
u11rhecked by their Governnirnt, 1x1 c.xcitliigservile inwrrertion and i n arllling ant1
lrainiug daver for warfare against their niastcrc, citizens of the Confederacv. Another
ki,& beerr fouiid of instincts so brntal as to invite tlie violence of his soldiery against
the \\oincn of c.aptnrrtt citv. Yet the rebnke oi cil iliAed man has failed to erokc
froin the authorities ot the United Statesone niark ok disapprobatioli of his acts; nor
is there any ieason to supoose that the conduct of Benjamin P. Butler has failed to
secure from his Go\ erninelit the sanction and applause with which I t is knol\ 11 to haw
been greeted by public mcetings and portions of the press of the United Xtateh. To
inquiries made of the Commander in Chief of the armies of the United States n hether
the atrocious conduct of some of their inilitaiy coninlanders met the sanction of that

Ang. 18, 1862.1

SENATE.

227

228

JOURNAL Olc THE

18, IS62

The legislation 011 the subject of general officers involvts the srrviw i i i 5oiiie difficultiee, which are pointed out by the Secretary, and for I\ hich the rcrnedy suggested
by hiin seems appropriate.
111 connection a i t h this subject, I am of opinion that pru(!ence dictates sonip provision for the increase of the Army i n the event of eniergencles not now antiripatpd
The very large increase of forces recently called into thc field by t h e President of
tile United States may render it necessary hereafter to extei!d the proyisionb of thp
conscript l a ~ so
r as to embrace persons between the ages oi 35 and 45 years. The
vigor and efficiency of our present forces, their condition, antl skill and ability
which distinguish their leaders, inspire the belief that 110 farther enrollinerit will
butltlenly
be necessary. But a nise foresight requires that if a necessity should
developed during the recess of Congress, requiring increawd forcw for our tletense,
ineans should exist for calling puch forces into the field, w~tlioutawaiting the
reassembling of the legislative depai tnicnt ot the tio\wriiiicxiit.
I n the election and appointnient of offirers for the Pro~islonal
anticipated that inistakes would be made, and incompetent of1
iiitrodoced into the service. In tlie absence of experience, an
guide for selection, executive appointments, as well as elections
timm unfortunate. The good of the sarrice, t h e intcrctrts of o w coniitry, require
that sonie ineans be devised lor withdrawing t h e coinmissions of office16 who art
incompetent for the duties required by their pobition, and I t r w t yon !till find
means for relieving the Briny of such ollicers hy sonie inode inure prwipt and lrss
wounding to their sensibility than the judgment of a court-martial.
Within a recent period we have effected the object 60 long dwiied of an arimigcament for the exchange of prisoners; which is now being euecuted by deli\ ei? a t the
points agreed upon, and which will, it is hoped, speedily restore our bmie ant1
unfortunate countrymen to their placcs in the ranks of the Army froiii which, by
the fortnne of war, they have for a time hraii separated. The detail? of this arraiigernent will be con?municatcd to you in a special report when further progress lias
been made in thcw execution.
Of other pxrticrilars concerning the operations of the War Departnient 3 ou \+ill
be inforintd b y the Secretary in his report and the accompanr irtg tlocunientq.
The rcport of the Swretary of tlic havy enibraces a statenlent of the opvrations and
present condition of t h i h brancall of
service, both afloat antl zshore; the constrnctiori and cqnipnicnt of armed
h x t lioine and abroad; tlie iuanilfat tnre
of ortlnance antl ortfnanw storer, ai
lidinicwt ok uorkqhops, and tli
nicnt of our rwoiirces of coal and iron. Sonic legislation seems essential fo

now experienced on this point are fully btatetl in the Secretarys


tc your attcntioii to providing a renietly.
Wie rcport of the IoHtiii:tster-(ieiicral tliselohes the rin barrat!
in tlic postal SCI\W(~froin tlie occupation by the p m i y of tlie
poi tions of tliv tcxrritory of the different States. The ineasnrc,
iiient for rt~lievtngtliesc ciiibLtrrassments, as far as practical)lc, are ilctailtd in tlie
rcport. It ib a subjt.ct of congratnlation that (luring the ten nioiitlis wliicli critlcvl
011 the 31st March IaLt the vxpenseu of the Ikpartmcnt \rere largclv decreased, 1% liilst
itH rcwriiie W R Y augnientrd, a8 compared with a corresponding pegiod entling on the
30th ,Jiiiitb, 1860, when tlic postal service of these States mas conducted under the
anthoiily tlelegatcd to the Unitrcl States.
to tleteriiiine whether the measures lieretotore
Mnfficisnt timc lit16 iiol j e
devivctl by Congrcbs ti ill ac
the end of bringing the c3xpenditurcs of the
1)cpwtment within the liir
Y onii revenueu b y the 1st of March next, as
rcyrtircd by tlic Con~titntion.
1 ~ n liappy
i
to inforni \ o n that in spite of both hlandiblinients and threat.;, nsetl
i n profusion by the agt~itsof the Govcwmient of the Cnitecl Slate., the Indian nations
within the (onfctlcracy ha\ c rvrntLined firin in their lojalt? and .toadfa~i 111 the,
o h r m n c e of th& trcxty engagements with this Gavel nlncnt. XOI llas their GclcJlily
hrcn shaken b y the fact that, owing to the \ac.ancies in Soine of t h e offices of apenth
a~itlsupcrintrntlclitu, delay has occurred in tlie payincnts of thc annuities and allom anct~ato which they are entitled
I wouk% advise home provision Rritliorizirig paymenti to be nladp by other officers
pccially charged by law with this duty.
causc to IN, grateful for the favor vith whicoh God has proracy. And it lwcoine.; 11sreverently to return o w thanks,
and hlimbly to ask of His bounteonsness that wisdom which is needful for the performance 01 tlic high trusts with which we are charged.
JEFFERSOX DAVIS.
I~ICMI\Iom,Va., August 18,1869.

Ang. 19,lSFL ]

SENATE.

22s

1he message was rend.


On motion by Mr. Iliinter,
079dccl-cd, That the usud iiuirilwr of copics of the message bc printed.
On motion I)y 1\11.. Iluiitcr, h t a. thousmid additional copies of the
age be prititcd for the use of the j j a i t i t p ,
Odeel.ed, IliRt the motion be rcfetwd to the Cloniruittcc 011 lrintitlg.
Mr. Claik, from the Conmiittee on lririting, to whom was r e f t ~ c d
of M r . Hnntcr to print 1,000 additioa:tl copies of the Yresingc, rc~portcd it without, :tniendnient.
te pwxedccl t o corisidcr tlic report; :ind in concurrence
the i*cwi th,
wd, lh:it 1,OOO copics of thr Yrcsiilcnts incwngc, in ndditioii
to the t i h i i d niiinlwr, be priritlcd for ttic nic, of the Senate.
1110 lwsiclwt laid before tlic Son:~~c
n r t p r t of tlir Sccrct:~ryof
the S:tvy of the opcmtioiis of t h t 1)cp:irtiiiont sincc tlw 27th d:ty of
Fr k) r1I:Ll.y l i b t .
I l M r ~ d ,hhrit it h rcfci*rcd to tlic Coininittce on Xw:d Affairs.
The 1rcsicltiit hit1 I)cfow tlw S(,ir:itc t l i v
,art ot the 1Ohtnl:lstCrtlitiii*c~s
of t h t 1)rp:wt(;rnci*:il i n rel:ttion to t Iic I*(
iiient, nnd other siibjectq i.ul:iting tlrcreto.
OrtZ-rt.d, That i t he i*tFerrcdto thc Chtunrittec OII Pod-Ofiiccs and
iost-iioaas.
Jhc President hit1 before tlie Scnxtc, :L report of the Irrasiirer of
the Confcdcratc States, showing nii n1)str:ic
lrcasixrcr on draft, of Scn:itors diiring tlitl i.cc
O / d i 7 9 c . t 7 , Tlmt it lie on the t:tble.
The Prosident laid before tlio 8cn:Ltc :I rcport of tlic S r w e t w y of
M:ir in rci;Ltion to tlic operations of the \fTiLr Ikp:irtnicnt4during tlrc
, 1

O , ~ l i . ~ e t /Ih:it
,
it bc referred to the Coiiiriiittcc on Military Rfi5i.s.
motion 1)y Mr. Clay,
Ihr Scn:ttr :Ldionrncd nntil to inoi-row tnorning :it 12 oc~loolc.
011

230

JOUBNAL O F FHX

LAug. 20,%1,1862.

OPEX SESSIOX.

Mi-. Barnwell presented the petition of the bishop of the Protestant

Episcopal Chiirch in South Carolina, and proftsho1.r in its thPoIogic:\l


seminary, asking exemption of canctidntcs for the niinihtrg Froni toriscription; which was referred to the Coriimittee on ilililitaq Affairs.

On motion by Mr. Oldham,


The Senate d j o i i r n e t l until to-niorrom r n o i ~ ~ i n:ttg 12 oclock.

THURSDAY, AUGUST21, 1862.


OII~CN

s~~sSIos.

Mr. Seinnies submitted the follou ing rwolution ; which w:is considered and agreed to:
Ileaolved, That the Coinmittec on Finance be directed to inqiiirc into tlic, cspc~tliency of eital)liphnig, during tlic war, nn agency or hiatit 11 of the Treasury 1 ) r p r t nie;lt \$(%stof tIie n/[ississippi Iiiier, lor tire purpose of iwiinp
snpply t h e Mants of the Govcrnment; and to report by bill or otli

SIr. IFnrnrvcll st:Lted to the Seixtte that his collengt~c,the Iron.


J:zmes L. Orr, was dctnincd from his seat by se\cre ;itid protracted
il lnesn.
Nr. Sparrow, from the Committee on Military Affairs, reported
A hill (S. 53) to amclnd :ti1 :wt entitled A n :tct to further p r o d c
for the public defense," :tppi-ovcd 16th April, 1862;
which W:LS read the fint and becond tiniw and o r d e r e d to be placed
upon the C:Llendar.
J1r. Sparrow, from the Committee on iXilitary Affairs, rcported
A bill (S. 54) to :tincnd an act entitled An act t o orypniw I):inds of
partisan rangen, :tpprovcd dlst April, 1862;
which WLY read the first and second times and ordered to be placed
upon the Calendar.
The follomiiig message w a received
~
from the President of the Confederate States, by Mr. 13. N.
rrison, h i i Secretary :
oj the Coniedercite States:
To the henate ant1 Uoouse of Rqiresenlal
t i the report ot the Secretary of the Trca~nt
y
I Iicreu itli trartsniit for yotir inforti
atit1 acc~oinpaiiyitigcstinntes, to whicli referetic e 11 as inn& in iny rnersage (J! yrsterd:iy, and inritc yonr carcfril attention to the stntcwients and rec~or~it~~c~iid,~ttoti::
cont n i t i d in them.
JEFFERSON DAVIS.
I~ICIIMOVI),
V L , h i g u s t 19, f862.

On motion by Mr. I3:trnwell,


O d e r e d , Ihat the report of the Secrt4ary of the Trmsiiry, together
with the accoiiipntiying estimates, be referred to the Committee on
Fin:ince.
A message from the IIouse of lieprc~entsLtives,\)y Mr. McDonald:
Mr Pr~aident:The IIouse of Keprescntatives have passed, unanimously, a resolution (11. Ti. 1 ) of thanks to Col. John 11. Morgan and the officers and men tinder
his romrriand.

232

J O U R N A L OF

rm

O&ergd, That said report bc printtkd for the

i ~W.21,IRbt
U ~ of
C

tlw Scnate.

On motion by Mr. S p a r r o ~t,i r i d 1)y itntininions consent,

Ordered, That the forty-fifth rule of the Senate, requiring all


motions to print extra copies of m y bill, report, or other document
to be referred to the Comnliltee on Printing, be suspended.
On motion by Mr. Sparrow,
Ordenxi, That 500 additional copies of the report of the S e c - r e t q
of War be printed for the use of the Senate.
On motion by MY. Clay,
The Senate resolved into open legislative session.

The following message was received fronl thc Presidcnt of the Confederate States, by Mr. H. N. EGrri5or1, his Secretary:
Itrc.aaroa1,, illlytlst 21, 1869.
TOthe Presidmt ojtlie Senale of the Confeilrrntr h9Itrles:
I nominate tlie percons named i n the annexed letter of tlle Secretary o f the Navy,
agreeably to his recoinmendation
JEEIFEKSOS nxws.
N A V Y I)EPARP\.IENT,

COKFI3I)ERATE STATES O F AaiEItrc \,


Richmmd, Aiiyiisf 19, 18662.

The PRESIDENT.
SIR:I h m e the honor to recommend the following nominations for appointment
in the Navy, under act of Congress entitled An act to ainencl an act entitled An art
to provide for the organization of the Nary, approved March sixteenth, eighteen
hnndred and sixty-one, and for other purposec, approved April 21, 1802.
AtJrnirol

Franklin Buchanan, of ,Ilarylnnd, a captain in the Savy of t h e Confederate States,


for gallant and nrcritorious coricluct in attacking the enemys fleet in Iianipton Roads,
and destioying the frigate Congrcss, sloop of 11 ar Cumberland, and three small
steameis, whilst in c>orniiiaiidof tlic squadron in tlie waters of Virginia, on the 8th of
March, 1862.
C1ptaIn.
Raphacl Semmeq, of Alabama, a commander in the Kavp of the Confederate States,
vice Gapt. Franklin Ruchanan, promoted, for gallant and meritorious conduct in capturing and dwtroying tlie erteniyi coninierce on the high seas, \+ l i i l p t i n conrninnd
of t he stcaimr Mnmter.
( omrilunder.
Isaac N. Brown, of Mississippi, a lieutenant in the Navy, vice Commander Eaphael

Setnuicy proinotcd, for gallant and meritorious conduct in aucceaslully engaging the
enenrys Aeet on the Mi
sippi River before the city of Vicksburg, jvhilst i n coniinand of the ironclad steatncr Arkansas, on the 15th of July, 1862.
With n>nchrespect, I an), Eir, your obedient servant,
S. 12. NALLOICY,

Srcretctry o j the N a y .

The message was rend; mid


On motion by Mr. Brown,
The Senate proceeded to caonsider the nominations contained therein;
and
RessoZved, That the Senate advise and conserlt to the appointment of
the perhons rianied in said message, agreeably to their respective
nominations.

Ang 21, 18F2.1

SENATE.

233

234

JOURNAL O F THE

jhug 22 1862

The message was r ~ d and


;
On motion by Mr. DILV~S,

The Senate proceeded to the consider:Ltion of the Ilornin:ltioti of


James MT. Cooke; and
&.soZvaZ, That the Senate advise and consent to the said iiolnin.I,t1011.
On motion hy Mv. Brown,
&&~ed, That the other nornin:itions of said iiiew:ig(l I w w f c r i w l
to the Committee on Naval Affairs.
On motion by Mr. Sparrow,
The Senate rcsolvcd into secret legidxtiJ c, session.

Ollm SICSSTON.

Mr. Semincs snlmitttd the foliomitig resolution; whic~liwas consitlewd and agreed to:
Il~t~,o//,rtl,
Tliat the Cninmittee on Military M a i r s It(, tlirci~tc~tl1 0 iiiqiiirc into tlie
t~xprtlic~ncy
of stymitiiig tlir~pay departments of thc, Arniy fro111 tllc. CJuirrte~niasters
J)qj:tr tiricwt, and of creating a. separate. b i i r t ~ ~for
i i 1 1 i ( ~p : i y l ~ i ( \of
~ ~tth c trool); :rritl to
report 1)v bill or otherwise.

Mr. 8p:Lrrow) from the Committee 011 Military Afairs, wportcd tiic
following 1-esolution; which WLS considered ziild n g ~ c to:
d
h o ! i r r d , That the President b
cwlicbst practic.al)lc period, all oH
Iiewtofore coiiii nunic.,zted.

qiicstctl tn conininnicate t o tlic Rrnntr, at t h c


reports o f cngnpc~incnt~
n i l i i tlic ciicmy i t o t

Mi.. Sparrow, from the Cointiiittcc on Militzry ilffnirs, reported


A k d l (S. 56) providing for snhstitntcs i n certain case^, : ~ n ddctnilitig
privates for 1)olic-cdnty;
wliicli was read tlic first nnd second times :uid orclt11cd to bc placed
upon tlic Calciid:~r: ~ n dprinted.
MY. i c n q , from the Conimittee on Military Affsiix, reported the
following rcsolution; w11ic.h was considered atid agreed to:
IZesoTiml, That the Secretary of War be requestetl to cotiiniiiiiirate to tlw Seiiatc
whether any rc.giirients in the Pervice Iiavv bcarn disbantlrtl and conmliclatecl itli
othtm, and if so, vhat regirtletits, and by whose atithoiity it 112sfwtii dolit,.

On motion hy NIP. Darnwell,


The Senate rt~solvcclinto cxecutiva session.
r l
Illc doors h:iviiig been opcneti,
Ihc following niessfigo was received froni the llouw of l;rprewiit:ttives, by Mr. llixon, their Clerk:
The Ilouse of Rcpresmtatirc~have passed joint ~esoliitioiiqot Ihtl
in wliicti they reiiueht the concurrenec of the h i a t c . :
t remlutioii of tlraiiks to Grn. J o ~ 1 1fc. Johnstoii aiid the, offiwrs
and soldiers uiitlw his cwninnntl;
11. lt. 3. Joint rewliitioii of thanlrs to 31:tj. (kn. Tlioinas J. Jackson and tliv
oiiiceis :uid itieii nntkr his c~om~iitiiid;
aiitl
tl. It. 4. Joint rcwlutioii tenc1c.ririg the thanks of Cniigress to Geii. Robert E. J,t.e
and the c;fKcws and 111eiiiintier his co~ii~nantl,
for the victories 011 tllc Cl~ic*kaIiorr~triy

The ScwrLle l)rocccd(~dto considcr the joint rcsolutionq (Ii.B. 2 , 3 , 4 )


cointtiiiiiicatc~ltliis (lay froni the IToiisc of Representatives for con
ciitwric(1: which W P I Y ~ xc?vcr:dly r c d thc. riw atid ~ c o n d
times arid
refewctl to thc Coinniittce on MiIiktry AI1:Lii.s.

236

JOURNAL OF THE

L.\llg

25,1862

The follo\ving message was rcceived froin the President of the Coilfpderate States, by Mr. B. N. Harrison, his Secretary:
XI('H \lOAl),

To flLe Senate and ITouse o j Representatives of

YA.,

i
l

ug1tst 22, 1862.

the C'onfederate Nrctes:

1herewith transmit, for your infortnation, a communicatioli from the Secretary of


the Navy, supplementary to his report appended to my metsage to Congressof the 18th
inshnt, and covering the report of Lieut. John \V. Uunninyton, Coltfederate States
Navy, of the engagement at St. Charles, an the White River, in the St.& of Arkansas.
JEFFERSON DAVIS.

The message was read.


Ordged, That it be referred to the Committee on Kaval Affairs.
The following iiiessnge mas receh-ed froin the E'rcuiclcnt of the Confederate States, by Mr. 13. N. Harrison, his Secretary:
RICTIVO\D,
VA., A I ~ ~ / 22,
I I SISG?.
/
To the Senate crnd IIouse (d IZrprrsentalicw of Ilie Confetlrrate &tea:
I herewith transmit a connnunicntion froti1 the Secretary of the S n \ y, cowring
estimates of the amo~iiitrryniretl to nicxet a certaiii cwitract, to M I i k h I Invite your
careful consitlcration.
JEFF ERROS 1)AI'I S.

The message was read.


Op(i?wc'd, l'hnt it 1)e referred to the Committee on Nam1 Affairs.
The President laid 1)cfore the Seri:itr :L conirriuriiciLtio11~i~
froiii the Secr e h r of the Trwsury in relation to an estimate of the Secretwry of
the R V of~ tlic amount necessary to nicet a contract for six ironclad
vessels, stearn engines, boilers, etc., to be constructed ahrond.
Ortr'm~tl,'L'hat it 1)ereferred to the Committee on Finance.
On niobion 1)sMr. Ikirnwell,
'I'he Srmite resolved into open legisl:$tirc session.

On motion hy Mr. Riim\~ell,


The 8en:Ltr: i*esolvcdinto secret 1cgisl:itirc session.
MONDAY, R u a u s ~25, 1862.
OPEN SESSION.

Mr. Sparrow presented the incmorial of James P. Boycc, praying


for the oxeniption of theological studmts from conscription; which
red to tlir Coirnn
on Mi1it:Lry Affairs.
ttgc i'roni the 110
f Bcprcsrntnt,iivcs, bg Mr. McDonnld:
dmk Thc TTouec o f lirprt~seiitat,iveshare passed joint rcsol11tions of tlic
Eollowiri~titles, i n which t h y request the corimrreiic(~of the Serial e.
11. 11. 5. Joint rcsohtioll of tlxinkr to Col. N. l3cdford Forrest and tlic oficcrs niitl
w1dierH i i n t l w h i s coinmatid;
11. It. 6. Joint rcwlntion of thanks to Maj. Gcn. 1I:arl V s n I h r n and the officcrs
ant1 soltliers under his c'om
11. It. 7. Joint rwolution
11. 11. 8. .roillt rwoliition
men engaaccl in the tlefeiix
11. R. 9. .Joint resolution

The Senate proceeded to consider the joint resolutions (11. R. 5, 6, 7,


8, !I) this day coniniunicated from the House of Kepresentiltives for
concurrence; which were severally read the first and second tiiiies and

referred to the Committee on Military Atf'airr.

Bug. Lfi, liif.]

237

SENATE.

The Scnate rcsunied the consideration of the resolutions ~ubinitted


by Mr. Yancoy, on the 21st insttilit, cxprc ing 1Ire sense of tho Ssrlate
i n respect to the violation of the l a m a n d iisagos of civilized war i)y
the Government of the United States; a d
On motion by Mr. Clay,
Or&md, That they lie on the table.
M r . Clap (by lean>)introdncvd
A bill (S. 57) t o punisli :tnd rcprcw the iniport;~tionof rlotts ptirporting to he notcs of the Treasury of the Confcdcrntc St>ktrs;
wliich was read the first and second times :ind rcfcrrcd to the &mniittcc on the ,Judici:n.y.
dcd, :is in Coniniittcc of tllcl TVIiolo, to tlw COW
siderution of thc bill (S. 53) to anicnd :in :Let cntitlcd ,hwt to furthcr
providc for the public defense; arid
After debate,
On inotion by MY.Clarlr,
O d m d , Ihat the fnrther c.on+hxtion o f tllc I d 1 be postponed
until Wednesday, the 27th instant, :tnd that it bc piiiitcd.
The Senate pixmedcd, as iii Coiuinil tcc of t h c \\.liolc, to tlicl conhidcrxtion of the bill (S.54) to anicnd :in act ontitlcd An act to orginize
hmds o i p:trtis~nr:ingers; and
On motion by M r . l h r n c t t ,
Orck rid, That thc fui*tht:r considcmfion o f the hill be p o s t p i e d
until TCcdnesd:ty, the 27th iirstant, : t i i d tli:Lt it i)c I)riutcct.
l?tic Senate proceeded, ns i n Coniniittcc~o f thc TVholc, to tlic consideration of the bill (S. 56) lti*oviding for rubhtitiites i n ccrtaiii (*LLSP\,
:tiid detailing privatcs for police t l i i t g ; :Lnd
On niotion t)y hir. Davis,
O&r.ed, TlxLt tho It1rthr.r c.onhidcr:hon of thc bill hc p o ~ t l p o n d
until to-inorrow.
Jlr. Orr s i i h i t t c d thc following rcsoliitioii: which W:LS considercd
:ind :tgrced to:
6
fI(ao/rc>t/, lliat the Iresitlrrit l)c reqne~tctlto inioriii t l i r Scnatc ~ r l i o
incyiic*al tmard of examiners for grnnt~n irloagtir; wliat ortlen Jia\ e I
x l q , I\ it11 rc.ferciic.c to fnrlonghs, togctlier
irgeoiis in chargcb o f .ho
ity for snrh a snpcrwsory lmard.

JIr. Sciiiiiieh >uhmittcd tho following rcwlutioii;


crrd and agreed to:

hich wins cwnsid-

Coilinlittee on thc Jntlic*iary ljc tlircclctl to iiiqniic. into t!te


legislation to rePtrairi, within c-onGtitiitioiiai l i i n i h , f l i c ~( w w i s c
cifficers, assnnied midcr color of the. act
~endiiigthe vivilegct
corpns; and to rcport by bill o r o t l i t m

On motion by Mr. Orr,


The Senate adjourned until to-niorrow nioi*ning;it 12 oolock.

TU I4:SDRY, R m w r 26, 1 862.


OIWX

smsrox.

illr. Simnis submitted the following rrioliition; whirl3 was ( w i d cred and agreed to:
~ e s o I o ~ That,
d,
in thr. opinion of the Scnntcl, t h e gweral coinplaint made by the
sick and wounded in the Army of tlie Colitetleratc. Statcs ot ~ i ~ a t t c n t ~ant1
o n neglect
on the part of the medical oficers whose d u t y it is to provide for their comfort and

238

JOURNAL O F THE

[hllg 26,1862

necessities, justify the apprehension that such complaints may be \veil fountlcd, arid
therefore require at the hands of Congrem a n citriiest ant1 speedy inveutigatiori, itli
sw+l rcforrn irl the wliole system ah will in future prevent these abases, and secure
to the sick and wounded such prompt attention LLS thcir condition 111ay recluire; and
to this end a select committee of thrcc he appointed to iiivcstigate them eonlplaints,
to hear proof, if deemed necessary, aiid to confer with the Pec.ret:iry of Itrar and the
heads of the bledical Department, in order that such reforms may be adopted as the
exigencies of tho case insy require; and that they havc leavc to report by bill or
otherwise.

On niotior:,
Orde~ed,That the committee be appointed by the President; and

Mr. Sirnms, Mr. Clay, and Mr. Hill were appointcd.


Mr. Siriirns d m i i t t e d
A resolution asking certain information of the Ircsiilcrit of the
Confederate State5 in relation to oficers in the naval service; and
On motion b y Mr. Brown,
Opdered, Thitt i t be transferred to the Secret Legislative Calendar.
Mr. Seninies (by leave) introduced
A bill (S. 58) to authorize the President to expropriate for the piihlie use salt iiiines or springs, and work the YAIW;
whicLli was read the first and second times; and
On motion by Mr. Semmes, that it be referred t o tho Corrirnittcc on
Military Anairs,
After debate,
On rriotion bg Mr. Preston,
O r ~ c , w ~ c ZThat
,
the further con&ler&m of the motion be postponed
until Friday next.
MY. Ehclan (by 1c:tve) introdwed
A bill (S. 51)) for the relief of Maj. Gcn. W. ,J. IInrtloe, of the Conf ctlcra to Army ;
which wts read the first :tnd second tirrieh : ~ n drotcri*edto the Corn
niittcc on Clninis.
Mr. Ihvis (hy leave) introduced
** A bill (S.60) to makc provision for coins for the Confederate Sttttes;
which W L S re:til the first :~ndsecond tirim and ordcred to he placed
1 1 1 ~ i thc
i
C:ilond:tr.
MI.. Dort!c.h (hy lenvc) introduced
A joint rcsolution (S. 12) for the relief of Ctipt. John 3. Divine;
whivh was re:d the first and second times and refcrred to the Comniittcc on Claim.;.
On motion by Mr. Haynes, and by unaninioiis consent,
Ord(,/vd, Tliitt the I-Ion. .John W. Lewis \)c added to the Corrimittce
on Finance and to tlic Cotiinritkce or: Post-Ofiiccs arid Post-Eoade.
Mr. llill prosontcd the meiiiorial of the citizens of Meriwethw
CoiitiLy, (ia., praying tlic cxeiiiptiori o f Dr. George CV. Pinhston from
conxc4ption; which was referredto the Cornniittce on Militttry hflairs.
Mr. S ~ : L I Wsiilmitted
M
the following resolutiori; which was considered arid agrecd to:
RcsoltwE, That the Coininittee on Military Affairs he instrnctcd to inquire M liether
the p u h k iiitrrest requires that aid shoiild be givkn by the Goyernment to coniplete
t h e railroad between the point on the Missiasippi River oppoite Yickshurg, i n Xississippi, and Slirevcyort, on Red River, in Louisiana; and rcport by bill or otherwisc.

Mr. Mitchelsubmittecl the following resolution; which was considered


and agrecd to:
Besolcrd, That the Secretary of the Treasury be requepted to inform the Senate, in
secret session, what amount of inorley has been sent west of t h e IZlssisslppi River,
and to whom sent.

240

[Aug. LG, 1862.

JOURNAL O F THE

The resolution wits a jieed to.


On motion by Mr. c dy,
The Senate resolved into open legislative session.

.fi*

EXECUTIVE SESSIOS.

The following message was receiwd from the lresident of the Con-

federate States, by Mr. 3. N. Harrison, his Secretary:

RICIIMO~~I,,
llU!JUSt 20, 1862.

20 the *Yenate of the Oorlftdernte States:


I nominate the officers on the acconipanying list, ayeeably to the reconlmentlation
of the Secretary of War.
J EFFKKSON l>A\71S.
WAX D w J w r x mr, Ricl~niond,,lugttat 25, 1862.
SIR: I have the honor to recommend thc following nominations for appointment
in the Army of the Confederate States:
Maj. Eugene E. McLean, to he lieutenant-colonel, &uartermaster-Crenerals Department, to take rank February 15, 1862, rice A. C . Myers, appointed QuarterrnabterGeneral.
First Lieut. V. D. Groner, to he captain in Adjutant ant1 Inspector Generals
Department, to take rank April 21, 1862, vice T. A. Wabhington, appointed major in
Quartermasters Department.
I am, eir, very respectfully, your obedient servant,
GEO. TY. RANDOLPH,
Xecretar?j of TVcrr.
To His Excellency J I ~ P P E I)AYIS,
R~~~
President, elc.

The message was read.


Ordwed, That i t be referred to the Committee on Military Affairs.
Mr. Brown. from the Committee on Naval Affairs, to whoni werc
rcfarrcd (on the 21st instant) the nominations of Alexander M. 1)e Brcc
:~nd.%hcas Arnistrong, to bc lieutenants, and William M. Iagc, and
Algornori 8. Garnett, to be surgeons, rcportcd, with the recomniendation that said noriiiriatioria Ite confirmed.
The Senate proceeded to the consideration of the said report; and
in concwrrence therewith, it was
Z ~ ~ ~ V S Lhat
O ~ Uthe
P ~Senate
,
advise and consent to their appointnie!it,
:tgrveahly to thciir rcs ective nominations.
Mr. Brown, from t l e Committee on Naval Affairs, to whom wits
referred (on the 21st instant) the nominations of Jairics 11. North, to
IN conirnandnv for the war, and IZeveJy Kcnnon, t o hc lieutenant for
the war, reported, with the recorninendation that said nominations be
confi rm ed.
The Senate proceeded to the c>onsidcrationof the said report; and in
oonciirrcnco therewith, it was
Resoltwd, That the Senate advise and consent to their appointment,
agrooahly t o their respective nominations.
Mr. Ihown, froni the Corninittee on Naval Affairs, l o whom w a h
referred (on the 21st instant) the nominations of Jo hn De Krcc and
Nicholas C. Edmunds, to be assistant surgeons for the war, reported,
with the recorninendation that said nominations lie on the table.
The Senate proceeded to the eonsideration of said report; and in
concurrence therewith, it was
Besolwd, That they lie on the table.
On motion by Mr. Brown,
The Senate resolved into secret legislative session.

Aug. 27, 14W2.3

SENATE.

241

242

JOURNAL OF THE

[AUg. 27, lY6.

On motion by Mr. Phelan, to ainond the bill by striking out the


wherever they may be found, whether they are residents of the State or comity
where they may be found or not; and any person lea! ing 1%lthout proper ptrm1ssion
after said enrollment, shall be held and deenied a deserter and punished as such,

And inserting in lieu thereof the words


wherever found, whether within the State or county of their resitleiice 01 not; aiitl
such persons, when so enrolled, shall be included TI ithin the provisions of the ahoverecited act. as fully as if enrolled uncler that act within the State? of \vhlcli they may
be residents,

It was dctsrmiiiccl in the aErmative.


On motion by Xr. Oldhaiii, to amend thc bill by addirig thcreto the
following proviso:
Proc~itlecljurtlm, That a regiiiieiit of t r o o p r 4 under tlw autho
eiiw of thc. frontic
the legislature 01 the State of Truas, for the
shall 1)c eXeIIllJt fiorii the provisionr of said act,

5
It was determincd in the negntivc, ;CaS-ass .-_
- ._
17
On inotioii by Mr. Oldham,
The yeas and nays being dcsired hy one-fifth of the SeiitLtors prwxit,
i

Thosc who voted in tho affirniativc w e ,


Messrs. Clt~rk,Hill, Lewis, Oldharn, and Orr.
Those who votcd i n tho ncprtivc arc,
iMcssrs. hrriwcll, Brown, Burnett, Claj-, Davis, Dortch, I I ~ L ~ c s ,
Heiiry, IIuntcr, Maxwell, Mitchcl, Phclstn, Preston, Heirinics, Siiiirris,
Sptrrow, : i d Wigfall.
So the airicndiiient was rejcctcci.
On ~iiotionby Mr. Brown, to tmcnd tlic hill hy striking o u t , i n line
2, I h c ~vords1)crsoris littblc to iiiilititry d u ty a n d inmrting in licii
thereof tho words m d c pcrbonb between thc ages of oightccn arid
thirty-fivc yc:irs,
O n iriotiou hy Nr. 13:irnwell,
Ortk,~wi,That thc furthcr coiisidtlratioii of the bill l)c postlxmctl
until to-niorrow.
0 1 1 rtiotiori 1)jr Mr. 11arnwel1,
Tlio 8rri:ite resolved into sccrct lcgislativo session.
fhc? doors having been opcncd,
On motion by Mr. IZ~rnwell,
The Senate adjourncd until to-niorrow morning at 12 oclock.
SECImT

sEssIOx.

On motion by 1Mr. Barnwell,


Or&rccn, That the Conirriittcc on Finance I)o discharged from the
further corisidcrat ion of :I coriimunictttion froin the Secrchtry of the
Treasury in rc1:ition t o an estimatc of the Secrctary of the Navy of
the amount necessary to meet a contract for six ironclad vessels,
stenru engines, boilers, ctc., to ba constructed abroad, and that it be
referred to the Cornmittcc on Naval Affairs.
Mr. Barnwcll, from thc Coiriiiiittec on Financc, reported
A bill (S. 63) t o authorizc a change in tho form of Treasury notes;
wlikli was red the first and second times and placed upon the
Calendar.
On iiiotioii 1)y Blr. Kiirnwell,
1Im Serltltc resolved into opcri lcgislativc beasion.
,T

SISNATIC.

243

244

JOURNAL O F THE

[.\iig. 26, 1862.

SO the resolution as amended was agreed to.


@<&C.).,&,
That the Secretary inform the I ~ L S
of O
Bepresentatives
theroof, aricl request their concurrence i n the arnendment.
The Senate resumed, as in Comiiiittcc. of thc JVholr, tlic. corisidpration of tho bill (S. 53) t o amend an act cntitlcd An act to further
pro!Iidc for the public: clefenbe, approved 16th April, 1862.
On the question t o agree to the amendnlent proposed to the bill by
Mr. I3rown yesterday,
The same was withdrawn.
On motion by Mr. Plielan, to amend the hill by striking oiit, in the
fii-st arid second lines, the words persons 1iat)lc l o iiii1il:try duty
and inserting i n lieu thereof the words white 1110~1 wlio arc residents
of the Confeclcmtc Statch, 1)atwceii the ages of eighteen :tiid thirtyfive years,
It wits determined in the aHirniative.
On niotion hy Mr. Burnett, to aineiid the l d l by adding tlier.cto the
iolloxing proviso:
I.r.otid~d~futthel,
That tlie President is antlrorihetl to suspen~tt l i c ~cAvcwiioii of tliis
act, or the act to I\ liicli tliis is an ainendnient, in any locality where 111. lwlie\ t x s 5ric.11
suspcansion will Ixoinote the public interest.

On iriotioii by Mr. Irhelaii, to arrierid the proposed tiiiiciidiiieiit 1 )yinserting after the word (ninendment the words or any q)ecial
provision o r provisions of said acts,
It wts detcnnined i n the afiriiiative.
On the question t o agree to tlie aincndriicnt as amended,
It WLLI dct,erinincd i n tho affirniativc.
On motion by Nr. lhclan, to amend the bill b ~inwrting
?
aftpr tiic
ivorci cnrol!cd, in the fourth line, the words * undcr iiihtructionh
licivtolorc, o r which niay hereafter be, given by thc Secrctary of \Val,
It was dctc~rinincdin the afiirmntivc.
N o f u rtlic~ranicncllucnt being proposed, the bill was reported to the
Scnnto niid the ainondincrrts were concurred in.
d, That i t be eiigi.owxl and rend a third time.
Tho mid bill WBY rcacl the third time.
lic.so/iic~tl, Llint it pass, and that the title thereof be as :$forebid.
Ow(c~ivd,lliat the Secretary request the concurrence of the Home
of Iicprcsent:~li\~u
therein.
r i
l l x following iiicssage w i ~ srec:oivucl f rain Ltie President of the Confederate Stntcs, b y Mr. 13. N. Harrison, his Secretary:
%I llw S m t c l e (LII[ I Ilorisc~(il Rqwescnlni

1 ~ 1 ~ ~ ~ 1 > 1 0 ~ \.,
1 ) , Acrqust ZS,

/s6%.

I herewith trarimit a c.oiriinrmic.atioi~fro111t t i c a Secretary ot tlie Trcasniy, snbmit:in estiiriate of t h o aiiioriiit rcquirrtl t o refnri(1 to the State of Nortlr Carolma
tlw ex(cssovcr 1wr qnota paid iiito the Treasury on account of the 11ar tax of tlic
C0nfetlcr:lto RtiltW
1 recorninend that an appropriation be 111atle of the \rim ant1 for the pnrposc
spcified.
JEFFERSOS IIAVIS.
tiiig

Tho lncuslqy W L h wad.


Ordercd, That it be refnriwl to tho Coiiirnittee on Finance.

Ang. 28, 1862.1

SENATE.

245

Ihc following message )cis rewirtd from tho President of tlio Conf e d ( ~ i x t cStates,
~
by 311.. 13. s. E-iarrisott, his S;cc-r(>ttlrj-:

246

JOURNAL O F THE

[.\W. 29, 18FL

Nr. Maxwell, for reasons stated by hiinhelf. a.;kcd to tw excuied


from serving as chairman of the committw;
Whereupon,
0 1 1 mot;ion by Mr. Barnwell, and by unanimous consent,
Ordered, That Rlr. Maxwell be excused lrom serving a h chairimul
of said committee, that Mr. Clay he appointcd chairiiixn thereof, and
that Mr. Maxwell be substituted on the cominittec. in place of M r .
Clay.
On motion by MI..
Hill,
The Senate resolved into open legislative session.
IGXECUTIVlC SICSSIOK.

The following message was rcwirccl from thc Prcsidcnt of thc Confederate Stales, k ) ~ N r . R. N. I-Iarrison, Iii5 Sccretnq :
Rrrrrvo\ I ) , A l i p < / q7, 1862.

To the Srrncllr of ihr C o n f d r m l r XMcx

F l t l D A Y , AUGUST29, lXfi2.
OIEX SESS1C)N.

MY.Dortch (by Icnve) introduccd

A bill (8. 65) regdating thc payment of claims of clccwwed soldiers;


which was rc:d tha first and acconcl times auci referred to the Committee on Military Affairs.
On motion 1)y Mr. Sptrrow,
Oq-dmed, That the Coirimittce on Militwy Affairs be disc1i:irgcd froni
the further consideration of the following subjects:
Merriorial of the f:wnlty of the Iheological Semitiayy, at C>ohmhi:i,
S. C., praying. the cxeiiiption of theological students from conscription.
M e m o d of the Society of Friends, of North Carolinn, asking to I ) c
exempt cd from the operation of the conscription 1:~w.
MY. Sjpa~row,from the Committee on Military R h i r s , rcported
A bill (S. 6ti) to aid in the completion of the V i c k s h r g and Shreveport Bailro:Ld, in the Stiitc of Louisiana:
which wns r c d the fii-st nnrl second tiiiics and ordered to bc placcd
upon the Calenclar and printed.

Lug. 29. liF%.]

SENATE.

247

248

JOURNAL O F THE

[Aug. 29, 1862

On motion by Mr. Semmes, t o amend the bill by iuhertiiiy :Lfter the


word owner the words o r representative of the owner,
It was determined in the affirmative.
On motion by Mr. Preston, to amend the bill by striking out the
second section thereof,
On motion by Mr. Phelt~ri,that the Senate take a recew iintil
5 oclock m.,
It was etermined in the negatirc.
On motion by Mr. Barnwell, to amend the section proposed to be
stricken out by striking out thc nortl l n ~ ~ yin
, the second line, and
inserting in lieu thereof the word shall; by striking out, froiii the
second to the fifth lines, the words within the limit:: of their respective commaiids, when they helievc the safety of any locality niay
require it, upon the recommendation of fivo rchpccta1)lr citizens of any
county or parish; by striking out the word ( ( n o t and the wold
except, in the twelfth line, arid hy inserting after the word application, in the thirteenth line, the words (and designation,
On motion by Mr. Preston,
O&eered, That thc further consideration of the bill bc po5tponed
until to-morrow.
The following message WRS received from tlic Yresiclent of the Confederate States, by MI*. 13. 3 . Harrison, his Secretary:

g.

Rrcrnrom, YA., Ailgust 29, 1x62.


To the Senate of the Conjrdrrafe Stutrs:
I herewith transmit a c>oinmnnication from the Surgeon-Geneial, containing the
information sought by your resolution of the 25th instant, i n reference to the irretlic*itl
board of examiners for graiiting furloughs, its organization and c!ntie.i.
JEFFERSO?; I)BVIS.

The message was read.


On motion by MY. O n ,
O r ~ k m d That
,
it lie t i ion the table and be printed.
The Scmt e rcxunied tf,e consideration of thc motion submitted l)y
Mr. Sernnics, on t h e 26th inhtant, to refer thr bill (S. 53) to authorize
the President to expropriate for tho public iisc sitlt mines or springs,
arid
work the same, to the Committee on Military Aflairs; and
r i
I h e motion was agreed to.
So it was
Oiderw& That the said bill (S. 56) be referred to the Coriirnittee on
Military Affairs.
O n motion by Nr. Maxwcll,
Oivlerrd, That>when the Srnntc adjourn it he to inect on Monday
next.
Mr. Henry (by lcavt) i11troduced
A bill (S. 68) to det.larc> t11c true meaning and intention of the act
entitled An act to define niore accwi-atcly the excniption of certnin
goods from duty ;.
which was read thc first nnd second times and referred to the Coininittee on Finance.
On motion by Mr. Henry,
Ol+ch-ed,That the Hon. John TI7. L e w i s have leave of absence from
ions of the Senate for twelve days.
On motion l)y Mr. Brown, that the vote, by which it was ordered
that when the Senate adjourn it be to meet on Monday next, be reconsidered,

Anp. 29, 1862.1

249

SENATE.

It mas determined in the negative.


O n motion by Mr. Maxwell, that the rote, by which the further consideration of the bill (S. 56) providiiig for substitutes in certain cases,
stlid detailing privates for police dntx wits povtpoiied uiitil to-niorrow,
be reconsidered,
It was determined i n the affirmative.
On motion by 15/11.. Phelan, that there be a c:d1 of the Senate,
It was determined in the negative.
The bill (S. 56) ltist inentioneti being again under consitleration; ant1
The question bcing on :tgreeing to the r~nicntlnicnt~
proposed to the
second scction by Mr. 1S:~rn\vcll,
On motion by Mr. DRV~S,
(I~~P
That
PP
tlir~further
,
considt~r:rtion of the hill 1 ~ 1postponed
until Monday next.
On motion 113 Mr. I3nrnwel1,
Lhe Scnatc ~~esolrecl
into secret legislatire scwion.
Fhc d o o ~ shaving I)ern opc11cd,
0 1 1 niotion 1)sMI.. lrclston,
The Scinte acljonrncd.
SlXRIGT SICSSTON.

The President laid before the Seii:Lt(>:I conirnunic.ntion from thr Swr e t w y of the Treasury j n ~ ~ ~ s p otno s:L ercmlutioii of the 8cn:ttc inqniring what :iriiount of nioncy h t ~ hbccn bcwt west of the Mis&4ppi. ILIA
to whom; which was read.
O n motion by Mr. 13arnwcl1,
O ~ d c r ~ That
d,
it lie upon the t:thlc.
On motion by Mr. Barnwell,
The Sennte proceeded, :LS in Committee of t h e Whole, to the consideration of the bill (S. 64) to incrcahc the provisions for detecting
cmmterfeit notes; and no t~mendnient1)cling inadc, it w t s reported to
the Senate.
O / ~ P / K ZThat
,
i t be engrossed mid read :I third tinw.
The said bill w:is r c ~ dthe. third tinw.
d , lh:tt it p s s , and tlint t~hctitlc thcivof I)c :L\ :Lfoi-cs:iicl.
I, Th:it the Stwrctaiy rcqurst tlw (+oiwiirrcrl(~(~
ol tlic Ilowe
e n t a t i w s thcrcin.
On motion by Mr.13nriiwcl1,
Thc Srmtlc procecdecl, :is in Comniit
of the Whole, to the consideration of the hill (S. (3)to m t h o
n change i n the f o m of
r ,
1 rwmry notes; atid no aniciidinerit twiug 111:idc, it W L ~ rcportcct to 111~.
1

wd, T h a t it bc engrossed find r(w1 :L third tinic.


llr~~
wit1 bill W : L ~rc:id the third tinrc.
~ ~ . w / i ~That
c d , it pass, :inn that the titlc, thereof IN> :is riforesaid.
O d m d , T h a t the Sccrctary rccpcst the (:oncurrcnce o f tlw llou>e
of Ktcprcscntativcq therein.
On niotion 1 9 7 Mr. Orr,
The Senate resolved into open Irgislativc~session.

250

JOURNAL OJ! TIE

MONDAY,

SElTI~:MI3ER

[Supt. 1 is62.

1, 1862.

OPEN XF,SSION.

Mu. Baker presented a petition of certain inniateq of the Winder


I-lospitd, praying the pnssnge of :L law for t h o rc.tiio\r:tl of :~llold ant]
infirm men therefrom to their ruq>ective States, and attaching them
to guerrilla or artillery service therein; which was rcferrcd to the
Committee on Military Affairh.
A h . Simms (by leave) introduced
A joint resolution (S. 1 3 ) providing for the premitatioii of i i i t ~ l a l ~
or badges to such oficcrs mid soldiers i n Ihc C o i i f d v l . ; i t c x S h t C s At~tiy
as have or may hereafter distinguish themselrcs by d ~ t l of
s p~~iwn:il
gallnntrg on the bat8tlefic~ld;
which was w a d tlic first and second time\; : i d
On iiiotion l)y Nr. Simnis,
O 1 ~ 7 ~ 7 3 e c lThat,
,
it lie on thc t : ~ b l ~ .
Mr. Hill, from the Coiiimittcc on the ,Juclici:wy, to wlioiii was
referred the bill (S. 57) t o pimi41 and r q ) i - tll? i1npor1:il ion of notes
pnrporting to bc n o t c r of tlic Tre:i\ury of thc Confcclcixte States,
reported it with :~n:iitwndiiietit.
On motion 1 4 7 NI..Hill,
O I Y ~ V C JThat
,
it 1)e printed.
On motion I)y Mr. Davis,
O~Y~C~~CCE,
rfiat thc Coniinittca on Claims bc (lisch:irgcd froin Lbe
fnrtlicr considci.ation of t ! i ~
following subjc
S -59. A I)iIl for the relief of &hi.
Qcn. IY. ,J. IFrLrdw, of thc Confedci-ntcbAriny.
S. It. 12. ,Joint rcsolution for thc relief of C:wt. John F. I)i\-inc.
MI-. Dnvia, from the Cowinitteo on Claims, i*<porLecl
A bill (S. 6!1) for the rclief of dibbur4iig officer-; : ~ n dotlitlr :ig~nts
of tho C+overnnient, in certain c:
-which W:LS read the first, and sc
times riiitl considered as in Coinmittcc, of thc \Vliolc; and no :irncndincnt briny in:&, it W:L\ rqwrted
to t l l 0 scnate.
and 7ead :t third tirncl.
Otvk I d , Chat it hc, cngro
lhc mid bill w i s read the
Rcsolnrtl, rl?li:Lt it piss, a i d that, the title thereof bc aforwiitl.
O i d m c c , , Thr~tthe Yccrct:try request the (oncurrcnce of thr 1Iouhc,
of Ltcyrchent;iti\ic, tlwrein.
A inehsngsc from tlic House of lteprescntatircs, by Mr. McDonaltl:
t h / . Tht. 1 I o u s ~
of liepwseiitatives hniv p q w l n 1)ill (11. It. 2 ) aiitlinrsCIi:wg(: of privatc wltliere under 18 ycarr of aye, ant1 proliibitiny t l i t b
twlixtiiicni of mcli persons; i n w h i c ~ hthey rqtiest tlie coiicurreii(, of tlie Scuntc

llic Scntite rcsniiii~d,as in Coniiuittw of the Wliole, thc cwnsitlrr;~tion


of tlic bill (S. 67) to xmcnd an act ciititltd An act for the c~tid)lishnicnt
riritl orgnnizatiori o f n gencl*:ilst:if for tile hrtiiy of the Coilfederate
State 3 of America, approved 36th February, 1861; and
A ftc I dchtt,
On motion 1)y RIIr. IIilI,
Otdwcc?, T h t the further consideration of thc, hill l)e poStponcc1 for
tht! prewi t , :~iictthat it he printtd.
lhc Sciiatc remiled, as in Coiiimittec of the Whole, the considem

252

JOURNAL O F THE

+pt

2 18GZ

On motion by Mr. Phelan,


The yeai: a n d nays being desired 197 one-fifth of the Seuators pi*cieitt,
Those who voted in the affirmative are,
lviessrb. Baker, Barnwell, Davis, IIill, Yhclan, find Preston.
Those who voted in the negativ? are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Henry, Mitchcll, Oldham, Orr, Semmes, Sirnms, Sparrow, Wigfall, and Yanccy.
So it was
&solved, That this bill pam, and that thc title thereof be :LS aforesaid.
O ~ d e w d That
,
the Secretary rcqucqt thc concurrence of the Ilouic
of Beprescn tativcs tlicrcin.
On motion by Mr. 13rown,
The Senate rcsumed, ah in the Committee of the Mlholc, the consideration of the bill (S. 54) to miend an act cntitlccl An :wl to org:uiim
band.: of partis:in rangel*>,npproyecl 21st April, 1362.
Lhe question being on agreeing to the anicndnicnt propowl lty MI-.
D a ~ i sviz,
, to atrilre out a11 of the firit wction, aftcr tlic tixwting ci:~use,
Mr. Burnett inovcd to poslpoiic tlic fnrthcr vonsiclention of the bill
until the tirst i\Iond:Ly in Dectmhcr next; and the motion being put,
It W:IS dctcrminccl in the negat1ve.
itftcr dcbate,
On motion by Mr. Clay,
Orthw2, Th:it thc fixrtlicr consicicration of the bill 1 ) postpond
~
until to-moi*row.
MI-.
C h y s~ihmitt,cc~
the following rrsolution; which was c.onsitrcrcd
and agreecl to:
- r

l?cwliied, That the Cominittce on Military Affairs be instrnctetl to inquire n hat


nuinbrr of qnarterinastcrs, a-wtant qnartertnastfw, antl post qnartermasters are
ernploycd i n a r<yni(wt,I)rigatle, or di\ i ~ i o nof our Army, w i t h the. rank ant1 pay of
cacti giatlc; also, wliat iinnibt~rof clcrks are einployed in rach gradr of the Quarterinasters Department, \+it11the pay of ( w h grade.
And that they furthcxr inquire what nnniber of commissaries and assistaiit coininiasiiries ate eniployctl 111 a regiment, brigade, or thrision of onr Army, antl the iniilr
ant1 pay of carli; also, I\ hat nnmI)cJr of clerks are employed in eacli pia(l(1 (it tlic
Coniniissary 1)epai tnicnt, w i t l i the pay of each grade.
A i i d tliat they fnrtlicr iiic1niro wlietlier d l ol t h e officers of the Qitai t e i i j i r t c . k r Y
xiit1 (ommissary Dcpartmcntu ale necessary for the public service; antl, if not, 7) hat
81ttdc of eac h dcpartinrwt, or what siipernuineinrics in cithrr gratlr, may
tlirpisd
w i t t i ant1 their offices nbolislied.
Ant1 that thc>yfnrtlicr inqnirc wliether a n y othcr goaids against frauds on the
( h c r n i r w n t , b y oflicers or cinployct~sin rilher o f t h o v departinentp, R ~ Cnrre-qnry;
:w1 that tlicy tinvc leavt: to rcport by 1,111 or othcrwisc.
k

On iiiotioti by Mr. Cltiy,


lhc Sc.n:Ltcl :tdioiirnrd until b i n o r r o w niorning n t 12 oc.1oc~lc.

LJ ICSI >AY, SICITXM

13ICli.

2, 1SW2.

orlcx sICRSTO s.
The following bills coinniunicd,ed from the IIouse of Rcpresrntativcs for conmrrence wcre scvemlly read the first and second tinies
and r e f e r r d to the Cotiiniittee on Military Affairs:
e
It. B. 1. A bill t o authorize the appointment of additional officers
of artillery for ordnance duties; and
IT. Ii. 2. A bill authorizing the discharge of private soldiers under
eighteen years o f age, :ui(1. pi*ohil)itingthe cnlistinent of such persons.

Sept. 2, 1662.1

SENBTE.

253

254

JOURNAL O F THE

Lbcpt 2 1Xht.

Too much praise can not he heqtowtd upon the skill and daring of the coininanding general -who conceived, or the Lalor and hardihood of tlie troops IZ 110euecuted,
the brilliant movement whose r e d t is now communic%ted. hfter having driven
from their intrenchments an enemy superior i n numl)ers, and r e h rtl from sipge
the city of Richmond, as heretofore communicated, our toil-morn troops adraiicwl
to meet another invading arniy, reenforced not only b y the tlefratetl army of Genera1
&~cClellan,but by the fresh corps of Generals Burnsitle and Ilunter. After forcctl
marches, Rith inadequate transportation, and acrobs streanis sn 0lle11 to unusnal
height, by repeated combats they turnetl t h e position of the.
junction of their coluinns iu the face ol greatly supoiior i
decisive; battle of the 30th, t h e crowning triumph 01 their toi
-3
JEFFEKSO-\
DAY IS
Rrcrrsioxv, September 2, lS6g.

The iiiossage Wdb read.


On motion by Nr. Damwell,
Ordmrd, That it lio on thc tublc : ~ n dl)o printcd.
A iiiessagc from the House of Rt~pi~escnttttivc~,
I)J,
l l r . l1:ii~iar:
iMr. President: The House of Itepreheiitatives ha\ c 1
(It. It. 12) of thanks to Capt. Raphael Semnies, otficcii
Suniter; in which they ask tlie concurience 01 the Fcni~tc.
On iriotiori by itlr. Sininis, that :I incssttgc l)c sent to thc lloirbc o f
Itei)resentativcs rcqiiwting the returii to the, Stbnatc o f (lie hill (S. 56)
providing for substitutes in certain cases, :uid dct:dinq privatcs for

police duty,
After debate,
It was detcrniincd in the negative.
So the motion was distigrecd to.
The joint resolution (EL B. 12) this clay coniiriuni(:itt!(l froiii the
Hortse of liepresmtativcs for c ~ o t i ( ~ t ~ i ~ ti~wr st i (I ~~ (L ~( I ilic first and
second tiniest and referred to thc Conirnittcc oil S : ~ v : t l,lff:tir,.
On motion by Mr. Spurrow,
lhc Senate resuiiied, as in Coniiiii ttcc of tlic \\'hole, the con,sider:ttjori of tlic bill (S. 54) to :Lniend an act crititltd An act to organize
btLids of jxwtisiLri ratig(vs, approved 2 Lit Ailnil,IS62.
rho qimtioti bcing o n agreeing to the aiiiciidnierit propo5cd to the
bill 1k.y MY.Ditvis, viz:
lo strike out, in the first swtioii, all after the criacting clause, : ~ b
follows :
That hereaftcr no anthoiitj slrall be graii
rangcw withill tlic limits o f any niilitai y
reginicmta c o m ~ ~ o u ~the
i i g military force of
nmnl~cr,

o raise or organize I);nitl~.of partisan


ivt, t,xcept \\. herc tlic, vonrpanie~o r
tlistiict ale filled to the niaxiiiiuiu

On motion hy M i . Seiiiiiies, RS moclified by 311.. IXcnry, to anicnd


t h srction proposed to be stricken out b y adding thereto tho following
pyoviso:
11o i i t l d , That the first section of this act shall not apply to any Statcl or part thcwof
within this Confcderac*y,within the lines of the enemy, or \vhero the conscript law
am lint be executed,
Lt was determined in the nfirmativc.

The quwtion then r c c u r ~ i n gon :Lgrering to thc arnrnclmcnt proposed


by Mr. Davis, was pat; n l ~ d
It was clotcrmiricd in t h c negative.
So the :mienduient .was rejet-tcd.
MY. Orr moved to amend the bill h y stxiking out the hecond section
tlmrcoE ;
Pending which,

256

dOURNAL OF THE

[SepL. 2, 1S62.

On iriotion by Mr. Siiiinis,


&v&&,
That the further consideration thereof be postponed until
tomorrow.
The bill (H. R. 3) communicated this day from the House of Represeiitatives f or concurrence was read the first and second timcs and
referred to the Committee 011 Finance.
The following message was received from the President of the Confederate St,ates, by Mr. B. N. Harrison, his Secretary:
RILFIMOUU,
VA., Septenibu 1, 18m.
To the Senate of the Confederate States:
I herewith transmit a communication from the becretary of thc Xavy, containing
the information sought by your resolution of t h e 26th nltinio, asking for a statement
of the number of commissioned officers of ekery grade now in the naval service of
the Confcderate States; also the number of those appointed from rivil lifc, and those
n h o s c r e heretofore in the naval service of t h e United States; also the nunibcr of
such officers now on kave of absence or fnrlongh; aiid the riuinlwr I I O U actnally
engaged in the naval service of the Confederate States.

JEFFERSON DAVIS.

The iriesm e was read.


Ordered, h a t i t lie on the table.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
EXECUTIVE SESSlOL\.

Mi.. Oldbani, from the Coiiiiriittce on lost-Ofices and Post-Roads,


to whoni werc referred (on the 28th ultiirio) the nominations of ,John
0. Stc.gcr, t o be postmaster at Richmond, Va. ) and George Tucker, to

be ~~ ostnm stactr Shreveport, La., reported, with the recommendation


that said noniinntions be confiriued.
The Senate proceeded to the consideration of said report; and in
concurrence therewith, it was
ZL)Isobtiod, That the Senate advise and consent to their appointnient,
agrccably t o the noniination of the President.
On motion b r Mr. Oldhain,
The Senate resumed the consideration of the nomination of Henry
&I. ,Jcltc?r, as postniastcr a t Colmiibus, Ga.
After d e h t e ,
On thu question,
Will the Scnatc advise and consent to the appointment of fleriry M.
Jclcr 1
I t was dcterinincd in tlie afjirn~ative.
S o it was
R ~ w d ~ ~ Th:d
o d , tho Senate i d v i s e and cwwcnt to the a p p o in h o n t,
a o . ~ ~ : t b tl oy the nomination of the President.
the mnsidcration of the nomination of rhomas
*The Senate ~*csunied
Cmwford, as postinaster a t Athens, Ga.
On motion I)? Mr.,Oldhani,
O / ~ k y ~ eThat
d , thc said noniination be postponed.
Tlie following niessage was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Ricmioxn, Va.,September 3, 1862.
7;) rlte & h c i / c > oj //re Confetli.mte ,Slates:
I have the lionor to rcqtieht yon to rettirn to ine the nominations for appointment

in the Arniy of the Confederate States, submitted on the 25th ultimo.

JEFFERSON 1)AVlS

SENATE.

scpt. 3, 18G2.j

257

T h e rncssagc mas read; and


On niotioii by Mr. Spttrrow,
AediwX, That said iioininations I)c returned to the President.
O n inotiori by Mr. Dortch,
The Scnate resuiued the consideration of thc noinination of 13fiu:son
(+. Graliani, as postmaster at Greensboro, N. C.
On the queqtion,
Will thc Senate advise and conherit to thc itppoiiitnient of I3ranson
G. Graham?
It was determined in the affii*niativc.
So it T V : L ~
R e ~ ~ l u e cThat
l,
the Senate :idvise and coiiscnt to the :~ppoint,nicnt,
agreeably to tlic noiuin;Ltioii of tlic President.
On motion 1))- N r . Siiniiis,
The Senate resol~~cd
iiito secret lcgisltltiyc sch~ion.
WEDSESDXP. SEPTICJI~WX
:i, 1 ~ 6 % .
OIIGS S*:ssXOS.

Mr.Clay, from thc joint committcc to invcstigatc the iiianagcmcnt


o f tlic Naval Deptlrtincnt, hiibniittcd the following resolution; which
I\ a5 considered and agreed to:
of tlir Senate :tppoilitett
1 jointly 1% it11 that coiiiiii
iiieiit under it+ present 11

(1

c notice of liio intention to offer an ninendniciit by


thc bill (S.71) to aincnd :ti1 act cntitlcd An net
) I the public defense, approwd 16th April, 1862;
1 tlic, miie, on his motion, i t was
( ~ k ~ w dThat
,
it be printed.
Mi..Orr prcseiitcd a claim of I h v i t l Simmons for btilancc tliio liini
for bcr\-ices :is collcctor of tho L Y B ~tax f o r Rndcrson district, South
(,:~idina; which TV:ISrrfcri.cd to the Conuiiittcc on Financc.
A h . Orr presented :I Iwtition of 1Iugli I,cmxui, pr:L.ving :dditional
compensation f o r hih services :tS c.ollec%torof the war tax for l ~ i i r c ~ i s
district, South Cnro1in:t; which was referred to the Corninittee on
Finance.
A mesoage from the liouso of ItelDrsi~t~ti\.ch,by 311.. Immr:

MY.Ynncep

.UI. 11eridt,it: Tlic IIoiise

t ~ f

On iiiotion hy 311. Orr,


O / d ~ / w lThat
,
thc iiitl~~agc
of thc lrcsidcnt of thc Confederate

Statos, trniisniittirig a coninrunication froin the Surgcon-(+eiied in


i~fereiiceto the iiicdical 1)oai-clof examiners for granting furlonghs,
its orgaiiiantion aiicl duties, bc referred to the special conirnittce
appointed to investigate tlic coinplaints made by the sick and wounded
in the Army of the Confederate States of inattention arid neglect OD
the part of thc medical officers.
c

J--\OL

2-04-17

JOURNAL O F THE

258

[6opt. 3, 18F2.

Mr. Henry (by leave) introduced


A bill (S. 72) to amend an act passcd on the thirtieth April, eighteen hundred and sixty-one, for the sequestration of estates, property,
and effects of alien cnemies;
which was read the first and second times and refcrred to the Committee on the ;ludiciary.
Tho Yrcsident laid before the Senate a cornniniiication from the
board of visitors of the Virginia Military Institute in relation to th e
conscription of cadets in that institution; which w a b read.
On inotioii by Mr. S ~ R ~ Y O W ,
Orde??ed, That it lie upon the tahlc.
Mr. Spurrow, from the Committcc on Military Affairs, to whom
was refc?rt.cd thc bill ($3. :8) to autliorixc the Prcsidcnt to expropriate
f or tho public use salt miner o r springs, and work th c same, reported
it with an arncndrncnt by mag' of substitute thcrrfoc.
On motion by Mr. Sp:iiwnv,
Ordered, That the aiiiendinent tw printccl.
On riiotioii by Mr. S )arrow,
OrcZercd, That the 'ommittee on Militarj- Afhirs bc, dischargcd
from the further consideration of the following auhjccts:
Petition of sundry physicians, private4 i n the Confedcrate Iiriny,
asking additional pay when detailed f o r service in their profcssion;
and
Resolution inqiiiring into t l x cxpcdiency of authorizing certain
military officers to enlist into the military s c ~ ~ i of
c e the Confedcrate
States f o r a tcrm not exceeding nincty days, persons not 1ial)lcto perform military duty under the l a w of the Confedcrste Statcb, and not.
at the timc, i n the actual military scrvivo of any State.
341.. Sparrow, from tlic Comniittec on Military Affairs, to whom
W R Y ix.Pc,rrctl Ihn hill (XI. l<.2) :tuthorizing tho discharge o f private
soltlicrs undcr c4ghtccn ycars of ngc, and prohibiting Ihe cnliqtinent of
such persons, rcportcd it, with the recornmendation that it ought not
torP&Ss.
I'hc Sen:itc procccdcd, as in Committcc of the Whole, to the considcr:Ltion of tlic bill (14'. It. S ) last rnmtioned; xiid
On niotion by Mr. S~LLTI'OIV,
Be+so/wd,That it I)c postponvd iiicichiitcly.
Oi~lercd,That the Sccrctary inform thc Ilousc of Bepresentatives
thereoi.
Mr. Brown, from thc Corrnnittce on Saval Aiaii.s, to whom was
voferrcd the joint resolution (11. lt. 12) of thanks t o Capt. Raphael
Seninics, officers and crew, o f Ihe steamer Sumtcr, reported it without
arrienclriicnt.
The Senate rocecded, as in Comrnittec, of the Whole, t o the consideration of t i c resoldion (H. lt. 12) Iayt incntioned; and 110 arncndrncnt bcing m d c , it was reported to the Scnatc.
Ordered, T h a t it Q
to :L tkiird wading.
The said rcsolutiori wtis read a third time.
Resohed, 'l'hat it! p:~+s.
Ord~~rct?,
That t h c Pwretary inform thc IIousc of Representatives
thc rv of.
'rhc Scn:dt? )I'o~t:eded,:L:.in ~ o in n iittccof
l]rliole, to the tollsideration of t ~ t ?bill (8. 60) to iriakc provision for coirls for t11t. Coilfcderttte Statcs; and no amendment being made, it Was reported to the
Senate.

Sopt. 3, lb62.1

SENATE.

259

260

JOURNAL 02 THE

[Scpt. 4, ISB?.

vessels of war, and steam engines and hoilerb, rcportcd it without


amendment.
The senato proceeded, as in Corimittee of tho 3\hole, to the eonsideration of the bill (H. R. 3) last inentioricd; mid no arnendriicnt
being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill WBS read the third time.
ResoZvccZ, That it pass.
Ordered, That the Secretary inform the IIousc of Iteprescntativcs
thereof.
The Senate resumed the consideretion of the iiiotion subiiiittcd h y
Mr. Simms, on the 2d instant, that the vote on thc yassiriq of thc bill
(8, 64) to increase the provisions for detecting counterfcit notes be
reconsidered; and
After debate,
On motion by Mr. Clay,
The Senatc resolved into open legislative session.
THURSDAY, SEPTEIIZIZE~~
4, 1862.
OPEN SESSIOS.

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


Jfi. lresiclent: Thc House of Representatives h a y appiiitcd 31r. Poote of Ten-

nessee, Mr. Barkdale of Mississippi, Mr. Lyons of 1 irpl~na,311.. Dnp:i. of J,onisiana,


aritl Mi-.I30yct. of South Carolina as tlie conirnittee to act in coiiii
coriirnittec of tiit: Senate to irivesiignte the inanagenient of the Sa\ a1

The Senate resunled, as in Committee of the Whole, thc considcration of tho I d 1 (S,62) to amend nn act cntitlcd A n i ~ to~cxernpt
t
certtriii persons fro111enrollniciit for service in tlio Rrnij of tlic Confederate Statcs, approved 21st April, 1862.
On iiiotion by Mr. Dortoli, to nmend the bill hy inserting, linc 7,
alter the word post-office, the words and justices of tlic peace,
After dchntc,
The hour of 12.30 001o~khaving arrived,
The order of the day T V ~ Scalled for; and
r i
1110 Senntc procccdcd, as in Comiiiittcc of tha Wholt., to thc consideration tliercof, it being a bill (S. 71) to niriond :LI~ :wt cntitlod An
tict to further provide f o r t h e public defense, i ~ p p r o n ~16th
d April,
186%.
On rnotioii by Mr. Yancey, to amerid the bill 1)ystriking out all after
the enacting G ~ U ; U Sand
C inserting:
That tho Prcsiclcrit be, :tnd he is hereby, autliori
make requisition upoii tlie executive Ltutliorities of
cracy for tlicir proprr proportion or quota of betwecii the agvs of thirty-five and forty-fibe, arid to be recril ed in c.ompnics of not
ltw 111iin one h i i d r e d nor more than one hundred a i d M
t ciity iiiori, ofliccitd uridrr
tlie Ian s of tho SttLtc ftimishiag tlicm. Said troops to bc ieceiketl illto the b(r\ ice 01

262

JOURNAL Ok THE

Wept. 5,1862.

Dortch, Haynes, Henry, Maxwell, Mitchel, Peyton, Phclan, Preston,


Semmes, Simms, Sp.arrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Oldhani and Orr.
So it was
Resolved, That the bill pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the IIousc
of Bcprescntatives therein.
The following message was received from the President of the Confederate States, by Mr. Browne:
EXECUTIVE
DEPARTMEXT,
Septembw 4,ISM.
To the Senate of the Canfedmite Xtntes:
I herewith transmit to your honorable body a n estimate of appropriation c d e d
for by t h e Secretary of War.
JEFFERSOK DAVIS.

The message was read.


Ordered, Thst it be referred t o the Committee on Finance.
On motion by MY. Yancey,
The Senate adjourned until to-morrow nioriiing :It 1%
oclock.

FHlDAY, SIWTEMBICI~
5, 1862.
OPEN BESSION.

Mu. Orr (by lcave) introduced

A bill ($3. 73) to mncnil an act entitled An act for thc establishment
and orgmisation of n general staff for the Army of tho Confederate
Statcs of Anwric:L. approved 26th Pehrunry, 1861;
which was i-c:itl tho lirst and sccond times and refcrred to the Coininittee on Militsly Affairs.
On iiiotion I)y $11.. Ori-,
OtdcrccZ, That thc 11011. Rohcrt W. Barnmcll have lcnvc of ahscnce
from thc ses?iioiisof tlie Senate to atteiid the constitutiond convcntion
of the State of South Carolina.
Mr. Hngnes prcsentecl thc following memorials; which werc read
and rofcrrccl t o the Coiinnittcc on Milittry Affairs:
Memorial o f M. S. Temple, praying that he may not be disturbed
sion O C certain s:dl property, at Saltville, Va. ; :mi
Messrs. McClung and rJ:iques, praying that they may
d in the execution of certain contracts to furnish salt to
1:ihaina and Tennessee.
Mr. Hill sdmitted t h e following resolution; which was considered
and :~grcctito:

defense, are asheniLlcd :tiid


into a(-tud service.

he respactfiifly requested to inform the Senate by


for military serviccl nnder the act of sixteenth April,
, rntitlrti An act, to further provide for the piil)licx
detained in camps of instruction before being ordcretl

Mr. Spanon;, from the Committee on Military Affairs, to whom


was ~ c f e r r e dthe hill (TI. B. I) to authorize the appointment of additied officers of artillcry for ordnance duties, reported it with an
amendiuent.

264

JOURNAL O F TEE

[Scpt. S, 18G2.

Mr. TIill submitted the following resolution for consideration:


Resolced by tlLe Congress of the Con,feetleratP Sliifcs of ,inwit 1, That the. Congre
adjourn its present session, without day, on Monday, th(. t\venty-second.
September, instant, a t t m elve oclock in.

Mr. Lewis submitted the following resolution: which was considered


and agreed to:
Resolved, That the Postmaster-General be requested to iiiforiii t h e Senate mlly it
is that the Great Southwestern Mail, goin8 froin! Richmond, l>y tile ~ a o fp Lynchbnrg, Virginia, to Atlanta, Georgia, is detained al)ont elrve11 hnnrs a t Ly~lchhnrg;
and why it is that, on its return, i t is detained abont zeveli honrs at Bristol, Pennessee; and to indicate what measures are necessary to remedy the e d .

Mr. Dortch submitted the following resolution; which was considered


and agreed to:
REsoZved, That the President be requested to communicate to the Senate, if not
incompatible with the public interest, the number of t r o o p each State hay fnrnishcd
to the Confederate Army since the commenccinciit of the M ar.

Mr. O n submitted the following resolution; which was considered


and agreed to:
Resolved, That the Committee on Printing he directed to inquire and report the
ternis upon which the debates i n t h e Senate may be reported in one of the daily
newspapers in the city of Richmond.

Mr. Our submitted the following resclution; which was considcrcd


and agreed to:
12enoZved, That the Committee on Military Affairs be instructed to inquire and
report whether any of the soldiers in the Confederate Army have been executed by
order of General Bragg withont trial, tlie nnrriber thus executed, the crimes or
offenses iiriputed to theni, nil the circwinstaiices under which they were exccutccl;
whettm the proccerlings h a r e been laid before the President; and n hat, if
action has bccn t a k w by hiin in the preinises; anti n hat, if any, additional Ic
tion i q nrcessary to securc a fair and impartial trial to every soldier cliargetl
crinic.

On niotion by Mr. Sprrocv,


07d~wd,That the Cornmittec on Mililary Affairs be discharged
froni Ilie further considcrntion of the bill (S. 6.5) regulating thc pnyee on Milihry Affairs, to whom
d an act entitled An act for tlie
cwxal sttiff for the Army of the
Confederate States of Riiicrica, reported it without amendment.
MY.Hciiry, f roin the Coiiiniittec on Military Affairs, reported
A bill (S. 77) t o a~xthorizemcdals to be gircn to the officers, noncommissioned oflicers, arid men for gallantry on the field;
which was i ~ a tlie
d first arid second tinie8 and ordered to be placed on
the Calendar.
Mr. Brown, froni the Coinmittce on Naval Affairs, reported
A hill (S. 78)to cletcrmine the annual pay of the engineer i n chicf
h i t surgcons of the Navy;
the first arid second times and considered as in con?niittco of the n71101e; and no amciidnient being made, it was reportcd
to tbc Senat,e.
O i ~ 7 m d ,Chat i t be c n g r o s d and read a third time.
Llio said hill w:~smad. the third time.
ZL~+~olvc.d,
That it p w s , aiid that the title thereof be as aforesaid.
O i ~ l o ~ c dT,h a t the Secretary request t h c concurrciice of the Hoizse
of Itcyrcsentutivca therein.

266

JOURNAL OF THE

[Sept. 8, 1662.

SECRET SESSION.

A xnessagc from the IIousc of tteprcsentatives, by Mr. Imnar:


Presatlent: The IIousc of Itepreseritatives have passed the bill froin tlic Senate
(8.64) to increase the provisions for detecting counterfeit notes, with an amendment;
in which they request the concurrence of the Senate.
L%-.

A message from the House of Representatives. by Mr. La~iiar:


Mr. Presresident. 1 ain directed b y the IIouse of Representatives to request the Sriintr
to return to the House a bill of the Scnrttc. (R. 64) to iiicreasc the ~ ~ r o \ ~ i s i for
o n sc1c~tcc.ting counterfeit Treasury notes, passed by the IIouse with an ameiiclmerit

On motion by Nr. Clay,


&&red, That the Secretary bc directed to return to tho IIouse of
ftepresentatives the bill (S. 6-1) last mentioned, in accordance with theiz
request.
011 motion b y Xr. Clay,
The Sennte resolved into open legislativc session.
E>XRCUTITF: SESSION.

The following messagc was received from the President of the Confederate States, by Colonel Ives:
ltrcrr~ioxi),Septpiiibpr 8,186v.

To tlic IriJsitlcnt of tlir ,5knnfc of lltc Confederntr Xtcites:

scpt. 9, 18G2 ]

SENATE.

267

Ihc Senate resuiiicd thc consicteration of tlic iioiuiii;ition o f Lliomns

Cr:k\Vfold, :\s post1ll:lstc~r:it Athens. Gn.


On tho qiicstioii,
JVill tlic Seilatc adt isc wid conscnt to tlic

itppoiiltiiicIItlof Tlio~lins
Cratn-folYl?
It mas dcterniined in the ncgiitivc.
So it w.ns
12rtsolvcd, That thc Senate do iiot nclrisc :ind coiisctit to tlic :tpl)oiiitr r i c w t of Thomas Clnwford, to hc p o s t i i i a & ~at llthetls, (h.
On inotioii by Mr. Clay,
The Senate resolvcd into secret Icgisliitivc
ion.

268

jOURNAL OF IHR

[Sept <I, 1862.

or&^&, That the Coinniittee on ilifilitaryABiiirs hr discliargecl ram


the further consideration of the following huhjects, ti n d thnt they lie
upon the table:
Menlorial of M. S. Toniplo, praying that he m:~yuot be clisturhcl i n
the possession of certain salt property, a t Saltville, Va; and
Memorial of McClung and Jaques, praying that they iuay 1101; be
disturbed i n the execution of certain contracts to furnish salt to the
Shtes of Alabarna and Tennessee.
Mr. Spasrow, from tho Committee on 31ilitary Aflairs, rcported
A bill (S. 81) to provide for filling vacancies in certain case\;
which was read tlie first and second times and ordered to he ylwed on
the Calendar.
Mr. Hill, from the Committee on the Judiciary, reported
A bill (S. 52) to regulate the fees of district attorneys in certain
cases;
which was read the first and second times and considered ah in Committee of t h e Whole; and no amendment lxiiig made, it w a s I.eported
to the Senate.
Ordered, That it be engrossed and read n third time.
The said bill was read the third time.
Besohed, That it pass, and that the title tkiei*eof be as aforesaid.
O&&y&, That t,he SecretwlJT I P ~ I I the concnri.ence of the lIouse
of Bepresentat ivcs therein.
A message froin the House of Representatives, by Mr. McDoiiald:
Jir. President: The House of 12q)rrsentatires hare passed 2% bill (IT. It. 4) ~nxlring
appropriations to comply with the provwions of certain nctP of Congress; in whic.li
they request tlw concurrencc of the Senate.

Thc bill (H. li. 4)c.onimunic:itcd f roin the House of Itepresentatives


for concurrcncc wns ~ c : i c lthe t i y s t and second tinics and consiclercd a\
in Coinmittcc of the JVholc; and no aiiiciidlnent being madc, it was
reportccl. to tlE Scnnte.
Om?(rv(l, iliat it pass to n third reading.
Tlic siLid I)ill w:iq I*P;L(Ithe third time.
Jz~soI~~cd,
That it pass.
Ovdwd, T h t the Secretary inform the TIouse of Itepresentnti \-es
thei*rof.
On motion by MY. Sinims,
O/&md, That thc committee to investig.ate the complaints made by
the sick and woundcd in the Army of the Confederate States of inattention and neglect on the art)of the medical officers hnre leave tosit
during the sessions of the enate.
The Senate resuincd, as in Coinniittee of the Wholc, the consider:ation of tho bill (S. 62) to ainend an act entitled An act to exempt certain persons from enrollincnt for service in the Army of the Confedcrate Skitcs, approved 21st April, 1862.
Tho qiiestion bcing 011 rigreeing to the amendment proposed to thc
bill hy Ms. Dortch, viz: After the word post-~ffice,in line 7, to
i n s c ~tlie
t words (and justices of the peace.
hf ter dkbate,
On motion by Mr. Preston,
Otdered, T h t the further considesation of the bill be postponed
utibil tomorrow.
A 111css:igefrom the Ilouse of Representatives, hy Xr. McDonald :

lfv 7rr.&ht. The Speaker of t h o 11011 of Rcpresentativcs having signed an


cnrollecl bill, 1 a m directed to bring i t to tlw natc for thc s i p a t n r e of their President.

sept. 9, lXF2.1

SENATE.

269

scpt. 10, l W . ]

SENATE.

271

272

JOURNAL O F THL

[YCpt.

11, 1862.

Aftcr debate,
On motion by Mr. Haynes,
Order&, That i t lie on the tdh.
0 1 1 motion Iny Mr. Preston,
The Senate resumed, as in Committee of the \?%ole, the consideration of the bill (S. 62) to amend an act entitled An act to cscinpt
certain persons from enrollment for servicc in thc Army of the Confederate Statcs, approved 21st April, 1862.
The yucstion being on agreeing to the anlendnient proposcd to the
bill by Mr. Dortch, 1%: After the word post-office, in line 7, to
insert the words and justices of the pedcc.
After debate,
On motion by Mi.. Henry,
The Senatc adjourned until to-niorrow morning at 12 oclocli.
SECRET SESSIOS.

On motion by Mr. Sitnms,


Ordered, That t hc inessago of the President of tlic Confcdcrntc
States, ti*iinmiittingz i communication from thc Secretary of thc S a v y
showing the number of officers in the naval scrvicc, llic nunil)cr
appointed from ciL-il lifc, ctc., be referred to the Corninittee on Kaval
Affairs.
On motion by Mr. Sininis,
T he Senate resol\ ed into o p n legislative session.

TIIUBSIh1Y,

SMITICMBEK

11, 186%.

Oll~CS SESSIOS.

On iiiotion I)y 3lr. llztyncb,


Ihc Senatc rcsitined the conbidvration of the resolution suhmittccl
b j Iiini yestc~rdxy, i n h t iwctiug tlic: Coniniittce on tile ,JudiciarL to
inqnirc into tlic ospcdicncy of providing l,r law for securing thc frccdon1 of speech and the puw, and to punish thenlmse thereof, to sccurc
t r i d by jury to c i t i z ~ n sch:Lrgcd with c ~ h e :md
, to abolish inartial law.
MI-. Haynes 1i:tving inodified the same by striking out tlic irords
for the al)use of such freedom when exexisetl t o diatui-1)t!ic public
pcacc, or incite t o :tnd inserting in lieu thereof the words upon any
pcrsoii who attciripts or stirs up,
Ihc resolution as modified wvns agreed to.
011motion by Mr. Pliclan, to reconsider the vote on q p c i n g to tlic
rosolution last mcntioned,
- - - It i v a s dotcrniined in the neptivc,
-- -- -- -- 19
011 motion by Air. Phclan,
Lhc, yc:~sand n a p h i n g desired by one-tifth of the Senators prewnt,
MY.lliclan voted in thc affirmative.
Those who voted in the ncgRtive arc,
Rlessr~.I h l t c ~Rrown,
,
Davis, Dortch, IIayiic, I-lenrj-, Hill, I-Zuntcr,
Lcwis, Maxwt.11, Mitclicl, Oldham, Orr, Peyton, Ircuton, Seniiiies,
Sinillis, Wigfall, : ~ n dYancey.
Yo thc motion was disagreed to.
Mr. Clark subinitted the following inotion f o r coiisidcratiori:
OrcZtmd, That the vote on agreeing to the resolution to adjourn the

-/ z:F

I.,

214

JOURNAL 0%THE

Sept 11, 1862 I

SENATE.

275

The incssage warj rciicl.


Ordored, Thxt it bc referred to the Committee on thc Judiciary.
On motion by Mr. Hill,
The Senate adjourncd until to-morrow iriorning nt 12 oclock.
8EC16ET

sr:ss10s.

0 1 1 motions severally made by Mr. Hunter, Mr. Clay, and Mr.


lhclan,
O t d e r v d , That they bc excuscd from serving on the joint eomniittec
to invcstigatc the nianagcinent of the N t ~ 7 . dIlcpartnlcut.
A h . Sparrow siibmitted the following resolution:

Itesolt cd, That t h p Iresiiiciit be reqnc.stcd to rcturn to tlie Swat<. tlte rcwliition
p a w d on the eighth iiistaiit, calliiit. for tho nninber of troops each State lias furnished.

lciiding the coiixidcration of which,


On motion hy Mr. Ifill,
1hc Scriatc resolved into open legislativc session.

, I

EXECUTIVI2 S12SS10N.

3fr. Orr suhniittcd thc following rcsolntion; which was ronsidered


and agrccd to:
IZrsolved, That thc Cominittc~con the Jntliciarp lw iiistriictd to iiiquirc and report
wlicther the. oflcers, (air il :tiid itiilitnry, appoiiitcvl tlrii ing tliv Irovisional Gorcmtiient, slioiild not 1)c wappointc(l iuidcr t l i c . lieriiimeiit (oiirtitntioii
r

Ihc following 1i1cs:~gcwis riwii cd froiii thc lrcsidcnt of tho Confcderatc Stttes, hy Colonel 13rowne:
Cox ri: I ) E J : . ~ c
I S rA\~i:sOF A MI:MC 1, I<Ywrrivic OFPICE,
l ~ ~ c l t ~ ~ ,5rpleaiht
i o ~ i d , r 11,1862.

To the Scnnfc of the (br(/cd(~rcllc


Al(//cS:
1 Iicrc,\\ itlr noininatc, in wwtrt1:nic.t~wit11 f Ire accwnipsiiying reconinicntlatio~ifrom
tlic Jostiriaster-C;encral, Reuben T. Thonr for appointment a~ postmastm at Fredericlrsburg, Va.
J 15IVI+;liSOK ILLVIS.
Iosr-Oim( 12 T)I.:P.~I~TXIENP,
Ilick niontl, Arptrnz0cr 10,I&&?.
SIIL:I have the honor to inhinit t h r nani( ot Itcubcn T. Thoiii for :ippointnient
as postinaster at Frc.derickr~)nrg,Y a .
Very respectfully, yonr obedient wrvaiit,
r i w ( A,

276

.JOURNAL OF THE

[SCpt 12,1862

CONFEDERATE
STATES
OF ANERICA,
I'o~T-OFFICE
~EPARTIXEXT,
Ihctimoiad, S q ' t e n i l w 6, 1862.
SIR: I have the honor to submit the name of Jo?eph C. Guild for appointment as
postmaster at Tuscaloosa, A h . ; the name of William Priestly for appointment as
postmaster a t Canton, Miss.
JOHlU 13. REAGAN,
Very respectfully, your obedient servant,
Postiiiasler- CeiaercLl.
The PRESIDEXT.

The message was read; and


On motion by Nr. Clay,
The Senate proceeded to the consideration of the noinination of
Joseph C. Guild; and
BesoZved, That the Senate advise and consent to tlie appointment,
agreeably to the nomination of the President.
Ordeered, That the noinination of William Priestly he refcrrcd to
the Committee on Post-Offices and Post-Rot&.
The following message was received from the President of the Confederate States, by Colonel Browne:
~ I C I I W o x U ,~%~ilerrk6er11,

18G2.

To the President of the Senate of the Conjedimte Srtnles:


T nominate the persons named in the annexed letter of thc Secretary of the Kavy,
agreeably to his recommendation.
JEFFERSON DAVI8.
KAVY DEl,z\ItT>iEXT,

~ 0 ~ l . C O C r C A ' l ' C$rdTIX

OF rhCRICA,

22icliniond, Sqitember 8,186'GJ.


T h C PIIESII)CNT.
S[J<:1 have the lionor to ieconimentl the following noniinations for appointment
in the N a y :
I'nssrd ntsmlmat actrgeons.

Frtd(.ric Garretson, of Virginia; Jolin W. Randford, jr , of Korth Carolina, and


Tlionias J . Cliailtou, of (ieoipia, a
nt mrpeons in the Navy.
IVith much respect, 4our obedient s e n ant,

s. n. JIALLOIZY,

iYccretary o j the ATaty.

Or.dmd, That i t be referrcd to the Committee on Xaval Affairs.


On motion by Jfr. Sparrow,
The Senate resolved into secret lcgislative session.

FBIDAY,

SEI'TEMXEB

OPEN

12, lS62.

sEssIox.

MI.. Brown submitted the following resolution; which was considercd and agreed to:
12esolwi, That tlie Committee on Milihry Affairs he instructed to inquire whether
pcrsoris holtliiig cxoniiniPsioiisi n the Arniy of the Confederate States are ernployed as
c*lcrltsin thc Dep$rtinents, and especially in the offic-cs of the (iiiarterinaster and
Coniinissary (ieneral i n this city; what pay and allowances ioch clerk.: recrirc;
w l w t h c ~they are paid as clcrks or c80inmissioneclofficers, or both; and M hether tlic
dutics perfortlied b y siich commissioned officers, as clerks, may not I.)ras well performed by persons taken from civil life, and at less cost to t h e Government.

Mr. Oldhmi s d m i t t e d the following resolution; which mas considered and ngrccd to:
Rexoltvd, That the Cominitteo on Finnnce be instructed to inquire and report what,
if m y , leyislatioii is necessary to suppress t h e illicit t q d e being carried on between
persons residing in the Confederate States and persons residing in the United States. *

SENATE.

bept. 11,1862 J

2 77

311.. lIenry, from the Committee on Military Affairs, to whom mas

i ~ f c r r c dthe joint rcsolntion (11. It. :)) i i i rrlntion to L. SoulF, reported


it \v it 1t a i i i ~ idiiicn
i
tu.
Air. Sptrrow, froiii the Coninii
on Nilitary Aiittirs, rcported
,1hill (S. 83) to anientl ail wt e
cd A i l :wt for the estathlishment
and organization of :i gcncr:tl st:& for the Army of .the Confederate
State3 of America, sppro\-cil 26th February, 1861;
wliic% was rend the first and second times and ordered to be placed
tipon the Calendar and printed.
0 1 1 motion 1)y Irr. SpxrI-ow,
O,dmzJ, That the Comiiiitt>eeon Jfilitnry Aflairs bc discxhsiged from
the further consideration of the resolution inquiring whether any
soldiers of the Co1ifedcr:Ltc Army have been executcd t)y order of
Ge ii~ ral13rag.g without trial, the number thus executed, thc vrimcs or
ofYen.;c\ itnpiitctl to them, tlic circuinstancw under which they wer~e
cxccutcd, whether thc yrocccciings have hccii laid before. the Lrcsidmt,
what action has been tnlictr by him, and wliet~licrm y additional lcgiso sectire a fair :~ndiniptirtial trial to every soldier

M i * . Oris, that tho said rcsolution br rcfPrred t o a select


with :iutliority to send for pci-sons and pnpcis:,

O n niotion by Mr. ;\l:~swc~ll,


The
Senate i.esolved into csecutivc hession.
r ,
I lie doors having bccn 01)cn(?d,
r ,
i h c following iiicsstigc w : i h r ived from the IIoase of Rcpresenta, hy Xr. nlc1)on:Lld:
f Iicltresc~htivcshave passed a bill (11. 1.: 0 ) to proig i n the Statos of Missouri a i d Keirtiic*kyadditional
y of tlir Coiif&ratt. States; in \vhich thev request the

roiicmreace of tlic Senate.


0 1 1 iriotioii hy hlr. Seniiiies,
Thc Senate ndjournccl until to-morrow morning at 1 2 oclock.

SIWHF:T

SESSION.

On xotion by Mr. Maxwell,


O d e ~ c t Z ,Ih:tt the vote o n c\wusing MI-.
Clay froiii scrving on the
joint committee to iiivcstigatc the nian:igcinciit of 1he I\T~v:llDeparttiiciit be reconsidered.
The tno ti o n br i n g a p i i i tindei. r on sidcrat ioi 1 ,
Mi.. C h y (by conscnt) mithdrcv the mnlt.
011
iriotioir I)y Mr. M:ixwell,
0 1 ~ 7~
,
Iht
l ,
tlic vote on cxcusing hfr. Phelati froin serving on the
joint coinutittcbc to irivestigiitc the nianagcmcnt 01 the N a r d 1)ep:~rtriicnt bc rc~conhitfei~cd.
I Iic niotion bciiig q a i n under coasidcratioti,
Mr. ihclan (1)s cwiscnt) witjhdrew the bariie.
Mr. Cl:~rk,from the Conirrlittee on Foreign Affairs suhrnittcd the
follobj ing resolution; which wa? considered and a g r e J to:
7

Resolvd, That tltcl Ircsiclcnt be, and lie is hercby, respectfully requestctf to direct
~ n ( >ofh our itiilitary tmi11tix~1der~
as iiiap at t h e time be in c~oniii~antl
of the r c y w tive colniiins of our iorcei, aq soon tiy they approach, or rntw, tilth t(1tritory ok thc.
G i i i t c ( 1 Stntcs bordering upon the Jlis~isbippiTtivcr, or thc. lributnrtcs tliercwf, to

JOURNAL OF THE

278

[Sept. 12,1862.

publish proclamations assuring the peop1.e of those States, as well as all others interof the. Jfi
ippi 1Lt\er, accortling to the provisions of
an a(st of tile frovisional Coiigrrs, e n t
An act to declare and establish tkic Ertr
Ilavigatioli of tfie nIississippi Itiwr, approwd Ft~hriiarytwenty-fire, eighteen liniidred and sixty-one; antl that said commanders cause to be published copies of said
act with such proclamations.

&&, of the free navigation

On motion by Mr. Hunter,


The Senate resumed the consideration of the resolution submitted
by Mr. Sparrow, on yesterday, calling upon the President to return to
the Senate the resolution pawxl hy them, on t h e 8th instant, calling
for the number of troops each State has furnished; and
The resolution w a s agreed to.
On motion by Mr. Scn1n1es,
Opdeyed, That the President appoint :i memher to fill the vacancy
existing o n the joint committee to investigate the nianagcment of the
Naval Dcpilrtnicnt; tiiid
Mr. YeyLoil w a ~appointed.
On inot,ion by Mr. Semrnes,
The Senate rezolved into open legislative session.
EXECUTIVE SESSION.

The following nims:~,gcwau received from the President of the Confcdei.;rte Statch, bp Colonill 12rowne:
121c11Ho N D, k!eptembw 12, 1862.

Ti,I / I O Jresidmt o/ I ~ L PSentc/r of t h e (onjdertrte Stales:


tlir nnric~xedletter of the Secretary of the S a v y ,
JE
~VUl~I>J)IPRATF: $PATI*,\

1:

soT

1) h v IS

OI dk\[lZRIc \, p\ \Jl 1 ~ 1 2 1 il(TVICXT,


/2Kh??lO?ld,, k . l , k ? i l l k l 11, l S G ? .

r ,

1 he Iizi:siI)t.:\,r.
Srri I 1ia\ tliv
the. s:lvy
cs

Iionot 1 0 I c~~)iniiirnd
111(~follo\ving

noi~iiii,ztioiiTor appoiiitiiient

in

kSecretciril of tlrp Navy.

T h c incssag-c WLS read.


referred to thc Committee on N:tvnl Rfhirs.
1 from t h Iresidcnt of the Cone Constiiution, I entertain doubt
c Begul:w or Irovisioiial hrniy or
Irovisioiial Goreriitticnt antl coilarid (~oiilirineclby the Senate, a i d

I \ E 0 1 I ICE, IL)idiiiio)td, SqC;el,tnbc 12,


, Y

1hi? Inessaw
r?

IV:\Y

JEFFERSON DAVIS.
1862.

rcd

O7v?vrd, 1 lint it, 1 ) referred


~
t o the Committee on the Judiciary.

MI,. O r r sulmiittc~tlthe following resolution; which was considered


and :igrwd to:
72r:c.o?i3frl,That the President br reqxxtfully rcqncstetl, I f not incompatible with
tile pr~l~llc
intcrcsi, to coain~miiratcto the f i e m t e the iimnl)cr and rlallles of all perw t i H engiqwl iri the scrvice of the Confcdcmtc states in folciign vountiitbs, either m

Bcpt. 13,1662 I

279

SENATE.

diploinatic, consular, or co~niiiercinlagents, or in any otlier capacity, stating the


to i t l i i d i tlirv Iiarc I w ~ nsent, tlic tlatu o[ their appointmcmt, the salaries t1ic.y
ant1 tlic tlrrtics they arc c ~ \ p r c ~ t c ~ to
c t 1)erloriii, :mtl liow far they have been
of1ici:illy oi otlicrv i w rccogni/ed by any forcigu governnlcnt.
1,

On Iiiotiori 1)y 911.. Ilill,


The Senate resumed the considemtion of the nomination of John C.
Kicoll to be district attomcy for tlic State of (;corgi:L
On the question,
JYill the Seniitc iidriw : i d consent to the ;qq3ointnient of ,Jolm C.
Kicoll(
It wi: detern~inc~d
in tlie :iNirmal,i\-c.
So it T\
Rcso/~~tl,
That tlic Scnatc :tdvi\e and consciit to the tiimoiiitnient.
agree:ihly to thc ~ i o i ~ ~ i n i ~oft itlic
o i ~Irt.sideiit.
OH niotioii by 311..Scninics,
The Senate YesolTed in to secret 1egihl:itiw session.
L

280

JOURNAL O F THE

[Sept. 13,1862.

the Confederate Army have been executed by order of General Rragg,


etc., to a select committee of three, with power to send for persons
and papers; and
Mr. Orr withdrew the same.
The resolution being again under consideration,
Mr. Orr (by consent) modified the same by striking out the words
the Committee on Military AtFairs and inserting in lieu thereof the
words a select Committee of three, to be appointed by the President,
and by adding thereto the words (and that they have leave to report
by bill or otherwise.
On motion by Mr. Yancey. to amend the resolution by striking out
all after the word resolved) and inserting
That the President be requested to communicate to the Senate whether any soldiers
in the Army of the Confederate Sknttv have been shot by order of any genrral officer
without trial according to the rules and regulationb fol the go\ ermnent of the lantl
forces, arid if so, that he will lay before the Senate all the information he h a b npon
the subject, and whether any steps have been taken by the Executive in the matter.

After debate,
Mr. Brown demanded the question; which was seconded, and
The question being- put,
Will the Senate agree t o the amendment?
It was determined i n the affirniative.
On theque.;tion to agree to the resolution as amended,
On motion by Mr. Henry, that it be postponed indefinitely,
I t was determined in the negative.
The uestion then recurring on agreeing to the resolution as amended,
Mr. k a n c e ~demanded
.
the question; which was seconded, and
The question being put,
Will the Senate agree to the resolution as amended!
It was determined in the affirmative, Yeas
Pays _ _ _- -- - -- -- - _ - _- -- - - - l3
8
On motion by Mr. Ireston,
The yeah xnd navs being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
1SIessrs. I h k r r , Brown, Clark, Davis, Haynes, Lewis, ivlitckiel, Orr,
Peyton, Phelxn, Preston, Semmes, and Yanceg.
Thoso who voted in the negative arc?,
rs. Burnett, Clay, Dortch, Henry, Hunter, Maxwell, Sparrow,
tmcl Wigfall.
So the resolution as amended was agreed to.
Mi.. Sparrow, from the Committee on Military Affairs, who were
instrwtcd hj a resolution of the Senate to inquire into the subject,
reporttd a bill (S. 84) to amend the several acts in regard to clothing
for thc Arniy, and :~llowingcommutation therefor; which mas read
the first and second times and ordered to be placed upon the Calendar.
On motion by Mr. Clark, that the Senat>eproceed to the considemtion of the motion submitted hy hini o n the 11th instant to reconsider
agreeing to the resolittion to adjourn tbe present session
on the 30th of September, instant,
On motion by Afr. Orr,
rhc Senate adjourned until Monday morning at 12 oclocli.

8RNhTE.

Sept. 13.lbG2.1

281

SECRET sE88Ios.

On motion by Mr. Hnntcr,


The Senate p r o c c c ~ Mnu
, in Coniiuittcc of the TYIiolc, to the considcration of t h e bill (13. ii. 5) to provide for thc further issix of Treasury
notes; and the reported aniendriieliti lmving I t c ( ~ 1agwed to, tlic bill
\v:w reported t o the Senate and the aiiiciidnients w r cwiic~~ri-ed
~
it).
Oyck-red, T h a t the imiciidnicnts 1)c engrossed : l i d t h r bill rcncl :L
third time.
The said bill as arnendeil was read the third tiiiie.
, 1lint it pass with amcndnicnts.
That the Sccret:wy reqtir\t the coiicnrrcricc? of the Ilousc
of Bcpre~ciitntir-cs in tlic :iiiicndiiients.
On motion 1)s1111.. ilrowi,
The Senate resolred into csccutiv
ion.
r 7

282

JOURXAL OF THE

[Sept. 15,1862.

OPEN SESSION.

A message from the House of Reprcscntatives, by Mr. McDonald:


MY. P~esidmt:The House of Representatives h a r e passed a bill (H. R. 7 ) in relntion
to the transfer of troops; in which they request the concurrence of the Senate.

Mr. Maxwell (by le:tve) introduced


A bill (S. 85) to micnd the twelfth section o f thc act anicndatory of
the scqiicstrnth h \ ~approved
,
February 15, 1868;
which mas read the first and second times and referred to the Cominittoe on the ,I ndiciar?.
Mr. IIaynw submitted tlie following resolution for consideration:
Resolcctl, That t h c Corninittee on Alilitary Affairs he instructed to inquire, at the
carliest nionient possible, 1% hat wnrks and fortifications are most practicable and best
adapted for thc atlequate defriice of the Tennessee and Cumberland riverg, and what
amount of appropriationr can be profitably expended to insurc the future safety of
Tennessee and Alaharna apa.iiist the invasions of the enemy through other TTaters;
and report by bill or otherwise.

The Senate uroceedecl to consi2er the said resolution; and


On motion i y ~ r CI:L~,
.
Ordered, That it l)e transferred to the Secret Legislative Calendar.
Mr. Haynes submitted the following resolution f o r consideration:

Resoloetl, That tlic Coiiimittce on Naval Affairs he instructed to inquire into the
expediency and practicability 01 p
ig to build forthwith such number of gmiboats and transports as may be nw
a d usefully employed in the future defense
of the Tennessee and Cumberlanil rivers against the enemy; and report by bill or
ot licwvise.

Thc Senate proceeded to consider the said resolution; and


On iuotion l)y hIr. Clay,
Ortk(,~wZ,Ihnt it be transferred to the Secret Legislative Cnlendar.
On itlotion 1)y MI*.l<ui*uett,
O I Y ~ P PI1i:it
W ~ , thc Sergt.:tnt-:LI-Ar~~i~
h:ive leave of absence from the
sebsions of the Scnatc f o r one meek, on account of sickness in his
iwiiily.
A inessagc from the House of Representatives, by Mr. Lamar:
dfr. Zrmkkn~;Thc, IIonse of Repyescntativcs have concurred in the amendment of
tlic Senatc to tlic 1,111 (II. It. 1 ) to authorize tlie appointment of additional officers
of :it tillcry for or~1iiniic.edntics.
TIltl I l o n w of Itvpwqentatireu haw passetl t h e bill (S 74) nf the Senate to amend
an ac*tentitltd An act to provide for the publir defense

On motion by hlr. Hunter,


O7~cicro0, l%it the Committee on Finance be discharged from the
furtlirr consideration of the resolution inquiring if any legislation is
ry to supprcss tlic illicit trade being carried on between pcrthc Confec1er:tte and United States.
The Senate resumed the consideration of the motion submitted by
Mr. Clark, on tlie 11th instant, to reconsider the vote on agreeing to
the resolution to adjourn the present session of Congress on the 30th
of September, instant; and
1lie motion was disagreed Lo.
ge from thc IIouse of Representatives, by Mr. Lamar:
7

t: Tlic Speaker of t h e TIonse of Representatives having signed ail


enrolled joint resolution, I ~ i i instrncttvl
i
to bring it to the Senate for the signature
of their Presiil(wt.

Sept. 13,16G2j

283

SENATE.

Tlic Scnzltc resunicd, as in Coinmittec of the CVliolc, tlie consider:ition o f t l i c b i l l (3. 62) to :tnicwd i ~ act
n
elititled . ~ I act
I to cx-eli~pt
cvrttlin
fro111 e ~ ~ r ~ l l l i i efor
i i i scryice in the A~lllyof tllc Contcdci.:ite States, approved 21st l p i * i I , 1862.
The question being on agreeing to thc anicndnicnt proposed to the
bill by Nr. I h r t c h , viz: After the word post-oflice, in line 7 , to
insert tliv \\ ords :inti jiibticc:: of the peace.

On n~otionby Rlr. bItlswel1, to aniend the proposed ninendmcnt by


striking out tlic words ,iiist,i~ e~
of t h e peace :%lidin\crting ill lie11
thereof the words sudi State oficers t ~ the
s
StfLtc iiiay :iuthorize to
I,c excepted."
After debate,
Mr. Clay deiiitlndcd the question; which v n s seconded.
Pcnding wliicli,
On niotion by Mr. ?IIaxn~ll,
07~kred, Ihat the Tote on sustaining t2hc call for the qwstion he
reconsidercd.
The dciiiaiid for the (picstion being again under considertltion,
Mr. Clay (by coiwnt) withdi*ew the s m w .
Thc question tlicn rccitrring on tlic nmcrtdinent proposed by Mr.
hlnxwell to the anicndnieiit proposed to thc hill by hlr. Ihtc.11,
On motion by MI*.Clay,
01&wcZ, That the further coilhideration of the hill be postponed
till to-nlolTow.
Nr. blitchel, from the committee, i,eported th:it they had examined
and found truly enrolled t h e joint resolution (11. 1Z. 13) of t1t:~iilisto
Coiiini:indcr Farrand, of tho Confcdemtc Navy, senior oflicbci. in coinm:ind of the n a a1
~ and military foi*ces,and Capt. A. L)romry, senior
tnilitxry ofiiccr. :tiid the o f i c ~ r i :and ineii under theits command, at
I h e w r j s I<lnfk, on tlie 15th May, 1862.
The lrcsident having signtd tho enrolled joint resolution (1.IZ. 13)
k i s t reported to have t,cenpx:miinecl, i t WLS tlclivcred to tlic Secrcktry
o f the Senate, and by hiin foi*thwithprcscntcd to the President of the
Confccleratc States for his npproml.
I h c following mcsr:tge w:ih received froin the President of the Confeclerate States, by Mr.11. &. Harrihon, his Secretary:
1

To t l l P S m r k

of thP Cbl?f?dPT(/fP A u f c s :
reply to the inquiry of the Sriiate prcsentcd in the following rc~solntionof the
13th instant:
nunimicnte to the S w a t c mlirther
That the President be request
h r i v t ~1)wn shot h y order of any
i ~ n dregulatioiis for t h e go\eriiiii~ i i tof thcx Iand force^, anti if so, that he ill I:ty I)efoi*ctIi(1 Senate all t h c inforrnation
liar opon the siibject, and n hrthcr a n y steps 1i:trc Ittkcln takcrl b y the
ISuwuti\ e in the iiratter,
I Iia\o to state that 1 lia\ie recciretl no authentic iniorniation in relation t o any
such tinnrac$ion :is i y thrrciii clescv-il)ect, ant1 npon inqiiiry havr Icarwd that il ally
sucli fac*texistc, it has not been coniriiuiiicated either to the Rdjutaiit-(;enrr:Ll or to
the Scci.etnry of War.
J ICFFEKSON DAVIS.
Exxcmwc OFI-ICE,September 16, 1862.
hi

lhc iiicssnge was rend.


O n motion 1)y Mr. Orr,
Or.clct*ed, That it lie on the table and be printed.
The lresidcnt laid befoi-e tlie Senate a iiicniorial of certain o6cers
of the Ntiry, p i y i n g : for tlie Pepe:d 0 1 :~inentlmentof the laws in refer-

284

aOURNAL O F THE

LSept. 16,1862.

ence to promotions i n the Kavv; which WBS referred to the Committee


on Naval Affairs.
The bill (H. K.6) to provide f o r rztising and organizing- in the Stateb
of Missouri and Kentucky additional forces for the Irorlsional Army
of the Confederate States was read the first and second times and
referred to the Committee on Military Affairs.
On motion by Mr. Hill,
The Senate adjourned until to-morrow morning at 19 ocloclr.

TUESDAY,

SEPTEIiBER

16, 1862.

OIEX SESSION.

Mr. Maxwell (by leave) introduced


A bill (S. 86) t o establish the court for the investigation of claims
against the Government of the Confederate States;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Lewis submitted the following resolution; which mas considered
and agreed to:
Resoloed, That the Secretary of War be requestcd to inform the Senate ]That has
been the whole number of troops in the State of Georgia enrolled and brought into
military service by conscription; what has been the nuinber oi officers and iiien
engaged in collecting said conscripts,, and what has been their cost to the Government. If an aiisJver can not now be given with correctness and certainty, aii answer
approximately is respcctfully solicited.

A message from thc House of Representatires, by Xr. McDonald:


Jfi. Presicleiit: Tlic House of Representatires have passed bills arid a joint resolution

of the following titles:


1. R. 8. An act to increasc the pay of privates and iioiicorniiiissioned officers in
the Arniy of the Confedeiate States;
H. li. 9. An act to incrrasc the Signal Corps;
11. Xi. 10. iin act to regulate the rank of oficerg of the provisional corps of

engineers;
11. 1%.11. An act to provide for the payment of certain claims against the Confedcratc Statcs in the State of Miqsouri; and
11. It. 14. Joint resolntion on the late victories and t h e crossing of the Potomac
by the Army of Sorthern Virginia;
I n which bills aiid resolution they request the concurrence of the Senate.

Mi,. Orr presented a memorial of 360 inmates of Chimhorazo Hospitd, praying a modilication of the laws in relation to the granting of
furloughs; which was referred to the special committw appointed to
invc&igate the coinplaints made b37 the sick and wounded in the Army
of the Confederate States of inattention and neglect on the part of the
medical officers.
Mr. Hill, from thc Committee on the Judiciary, to whom ~ v a s
referred tho bill (S. 72) to uniend an act passed 30th April [August],
1861, for the sequestration of eqtates, property, and eEects of alien
enemies, reported i t with an amendment.
On niotion by Mr. Hill,
Ordered, rhat the ttmendinen t be printed.
The followiiig bills and joint resolution were severally read the first
and second times and referred to the Coniinittee on Military Affairs:
11. lt. 7. An act in relation to the transfer of troops;
11. It. 8. An act to increase the pay of privates and noncaonimissioncd officers in the Army of the Confederat,e States;

Scpt 16,lPGJ ]

SENATE,

28 5

11. I<. !I. An act to increase the Signal Corps;


Ii. It. 10. A n :&cat to regulate thr rank of officers of the provisional
corps of crigincors; and
11. li. 1 4 . J oi nt resolation on the late victories and the crossing of
tlic Ioto111aC 1)s tllc h111iy of Northern Virginia.
Thc h l l (ti. K. 11) to provide for tho payment of certain claims
:iguinst the Confpdcmtc State? in the State of Misbo1u.i was read the
first and second time:: and rofcrred to the Committee on Claims.
Thc Sciiatc resiiiiwd,
in Continittee of the Whole, the consideration of the bill (S.W ) to aniend :in act entitled An act to csciiipt certain persons from enrollnicnt for vice i n the Arniy of thc Confedcr:itr St:itc*, approved 21 h t Apri
Thc quccstion hciiig on agreeing t o the aincndiiiont yroposcd by M r .
M:~swcllto the anic incnt p r o p o d 1)y hlr. 1)ortc I, viz: To strikc
oitt the words jn3ti
of tlic pc:~cc: ~ n diiisert in lieu tlicrcof tho
words mcli Kt:ttc o f h c ~:LS
~ ,tlic
~ Stntc in:iy :uithorixc to be cxccptcd,
Mi.. Alaxwcll iiioditird the sanic, at the sii,q;gcstion of Mr. Pliclan,
I)y striking oiit thc word ~ ~ c q ) t e dand
iiiscrtiiig in lieu thereof tho
word cnivlled.
MI.. 1)ortch also (by coiiscnt) modified his mnendiiiwit, i L t thr buggcstioii o 11.11.. lhii~nctt, 1)y stJriking oiit tlic \vords b,iusticw of the
p c : i w and iiiwrting ill licw tlici*cwf tlic words except sucli State
c dcc,l:ircd by 1:iw to h?liahle to
ofiicci-s :I+ the ~ c 1 ~ ~ 1Stxtc~ : t l itirty
I)c c \ c c p t d 1)ytile scrcral States.
niiliti:~d u t y , or niay hcrc~itftc~r
rhc qitcstion then reciiri5ig on thc amcndnicnt proposed by &Lr.
31:n~vcll,as inocliticd, to tlic xiiic~ndniciitproposed 1)sNr. Dortch, as
modified,
On the qiicstion to agrcc thereto,
f Ycab.. .. . . - . . .
!)
I t wah dctcrniiiicd in the ncgativr, 1 Kayh . .. . _ . ._...
14
Oil motion by JIr. Yancncy,
Thc yeas and nays being d e A x 1 by one-fifth of the Scntttors prescnt,
Those who voted i n the afiiriiintivc :&re,
Messrs. Jhker, Claj,, IIayiic~,?)IIaxwcII, ,1Litcshel, Orr, lc.yton,
IYigfall, and Yanccy.
r L h o h ~who votcd in the iicgativc are,
Icrcssrs. Brown, IJuriittt, Clark) Dnv i y , I>ortch, f Icnry, Hill,
Iliuntcr, Lewis, Oldhani, Ihclnri, Preston, Scnin~cs,:ind Sp:~ro~v.
Po the :tmendment was rejec-tod.
,>
Lhe qucstion then recurring on the arncnda~cnlproposed by Mr.
h r t r h , as modified.
On tho question to agree thewto.
Pcns. .
14
I t \ v : ~detcriuincd in thc aAjrniutivc,
_ _ _
9 .
On notion hy A h , Senini(~s,
The yeas and iiayh being desii-cd by onc-fifth of the Senators present,
Those who v o t d iii the diirliiativc arc,
Mcssrs. IJurnc,tt, C1:~t.k.Clay, Davis, I)ortcli, Il:tyncs, I I(>riry,Hill,
Huiitei., Leivi,<,O n , Phelari, Scin~i~ch,
and S ~ E ~ ~ ~ O J V .
Those who voted in t h e negative :ire,
-1Iessrs. 1Zaker. IZrown. Jlaxwvell. Mit chcl, Oldha~ii,P C V I O I ~lresto11,
,

militia in the several ~ t a t e s ,

286

JOURNAL OF THE

[sept. ib,lb62.

It was determined in the negative.


On motioll by Mr. Jhvis, to amend tho bill by strikinc. out a11 after
the word 1aw, i n tbc eleventh line, to the word aIX, i r l lllc fiftyfirst line, and inserting
and such other persons as may be exempted by the Secretary of War upon the
ground of the public interests, by regulations to be made by him for that purpose.

On motion by Mr. Yancey, to amend the amendment proposed by


Mr. Davis by inserting after the word 1)~1rpose;ac: follon~s:
Provided, That all blacksniitlis, all pilots and persons engaged in tlic niarme service;
the president, superintendcnts, and conductorP, treasurer, clerk, engineers, nranagers,
mechnnics in the active seryice and employmeiit of railroad cornpanies, not to embrace

laborers, porters, and messengers; the president, general super intent lent, captains,
engineers, clliel clerh, and Irieclranics of all couipa1iit.s eugaged ill river and canal
navigation, and all captains ol boats arid enginerrs therein c~l~pluyccl;
all foremen,
pressmen, and journ lien printeis eniployed i n printing ne11 spapers Ira\ ing at least
one tlioiisand bona e subscribers, and those eniploged in piintiiig fur t h e state
governments; every
nister of religion licen6ed to preach according to thc rules of
his sect, and in regu
tlischargc of ministerial duties; all physicians in actual prartice of their profession; all millers and enginecra actually employed in manufacturing
breadstuffs; superintc,ndents and operators in wool and cotton factories, arid in the
production and manufacture of coal and iron, are liercby cxcmpted from military
service.

On motion by Mr. Sparrow, that both the anicndmcnts lie on tho


table,
It was detcriniricd in the afirni:ttive,
On motion hy Mr. Davis,
The yeas :~ndnays hebig &.sired by onc-fifth of the Senators prcsent,
Those who voted iri thc :~lfirniativc:ire,
1C2cssrs. I~:LINw,<l:trk, Clity, H ~ y n e h ,IIcnrp, Ilill. Huntcr, Lewis,
Maxwell, Mitchel, Orr. Pcyton, Ihelau, Prwtoii, Scmiiies, Sparrow,
and Y anccy.
Those who voted in the ncgativc are,
Messrs. h v i s , i h r t c h , and Wigfall.
So the ai~icndmcntswcre laid on t h c table.
On motion hy Mr. Ilill, to :iriiend thc bill hy striking out, in the
eleventh and twelfth lines, the words all persons actually engaged in
carrying tlic iiiail,
It W:IY dcterniiiied in the affirmative.
On niotion by 1cIr. Hill, to amend the hill by strilring out, ill the
t-vvclfth, thirteenth, and fourteenth lines, the words all ferrymen on
post roiitw, not to exceed one in nuiiiber at any locality,
I t was deternii~xdin the affirmative.
On inotion by M r . Om, to amend thc bill by inserting after the
word the, i n line 14, the word nierchmt,
It ma5 dotermined in the affirmative.
On motion bg Mr. Senimes, to amend the bill by striking out, i n the
fiftecnth, sixteenth, seventeenth, and eighteenth linch, the ~ v o r d s
tlic pivsitlent, fiuperiiitendents, conductors, treasurer, cliirf clerk, erlgineers, mariagtis, lncchailics in the active service and eniployinent of railroad companies, llot to
embrace laborers, porters, and messengers,

On motion by Mr. Davis, to amend the words proposed to be striclrell


out by inserting, after the word rnmagcrs, i n the hixtcpnth ]in(>,the
NW& sttition agcnth, scctiou mastcru, tiyo expert traclc bands to eac.il
section of eight rniles; and
it mas detesmined in the afirruative.

288

JOURNAL O F THE

[SePt. 17, 1862.

Thc yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Browq Hurnett, Clark, Hill, and Lewis.
Those who voted in the negative are,
Messra. Baker, Clay, Davis, Dortch, Haynes, Henry, Huntel*,Maxwell, Mitchel, O n , Poyton, Yhelan, Preston, Sernmes, Sparrow, Wigfall, and Yancey.
So the amendment mas. rejected.
On motion by Mr. Hill, to amend the bill by striking out, in lines 30
and 31, the words licensed to prcach according to the rules of his
sect, and and inserting after the word niinistcrial, line 32, the
words and pastoral,
After debate,
On motion by Mr. Dortch,
The Senate adjourned until to-morrow niorning at 1 2 oclock.
WEDNESDAY, SEPTEMBER
17, 1862.
OPEX SESSIOK.

Mr. Maxwell presented a memorial of Walker Anderson, praying


rcrnuneration for the loss of certain inoneys; which was referred to
thc Committec on Claims.
Mu. Sparrow, frotn t h e Committec on Military Affairs, to whom
was referred thc hill (fI. R. 7) in relation to thc transfer of troops,
reported it, without :tmendnient.
Tho Scn:ite procccdcd, as in Conimittce of the Whole, to the consideriltion of the bill (H. It. 7) l a d nicntioncd; and no amentlincnt being
ui:ide, it W L ~ Sreported to the Scmte.
(hderetl, That it pahs to a third reiding.
The said bill w:is 1~ml
the third time.
Bmluad, That i t pass.
Ordered, That the Hccrrtiiry inform the House of Represcntativeh
thereof.
Mr. Sparrow, from the Coirirnittec on Nlilitary Affairs, to whom
was refcrred the hill (I-I. It. 10) to regulate the rank of officers of the
provisional corps of engineers, reported it without amendment.
The Senato procccdod, a3 in Coniinittcc of the Whole, to the consideration of thc bill (11. 1%.10) last mentioned; and no amendment being
made, it was reported to the Senate.
Orclemcl, That it p s r to i: third reaciinc.
The said bill was read tho third time.
Besolved, That it pass.
Ordmed, That the Secretary inform the I-Iouse of Representatives
thereof.
Mr. Sparrow, from the Cornmittec, on hIilitnry Affairs, to whom
was rcferrsd tho bill (14. H . 6) to provide for raising and organizing
in the States of hlissouri and Kentucky additional forces for the Irovisional &my of the Confederate States, reported it with an amendment.
On motion by Mr. Rurnctt,
Oi~d~vocl,
That the aniendment be printed.
On motion by A h . err, that the senate proceed to the consideration
of the bill (8.73) to amend an act entitled An act for &heestablish-

290

JOURNAL O F THE

[Sept. 17,1862.

On motion by Mr. Clark,


The yeas and nays being desired by one-fifth of the Senators prescnt,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Hill, Blaxwcll, Phelan, antl Semincs.
Those who voted in the negative are,
Messrs. Burnett, Davis, Haynes, Henry, Hunter, Lcwis, Orr, Peyton, Preston, Sparrow, Wigfall, and Yanccy.
So tho motion was not agreed to.
On motion by Mr. Hill, t o amend the bill by inserting, aftcr the word
physicians, line 32, the words who arc now and for the last five
years have been.
On motion by Mr. Phelan, to amend the amendment proposed by Mr.
Hill by striking out the samc and inserting in lieu thereof tho words
one physician, who has been i n t h e practice of his profession, as his regular I7ocation,
for at least two years froin the passage of this act, for every
population of the
county in which he resides; said physician to be selected by the county courts of the
respective counties,

It was determined in the negative.


The question then rccurring on the amendment psoposcd by Mr.
Hill,
On the question to agree thereto,
It was deterniined in thc a5rmative.
On motion by Mi-. Yhelm, to ainencl the bill by striking out, in lines
33, 34, 35, 36, and 37, the words
all slnoernakers antl taiiners engaged in tlic manufacture of shoes or leather; and
harness nialters a i d fiatldlers actually einployed in their trades; all millers actually
employed in manufacturing breadstuffs or subsistence:

and inserting
all shoemakcrs, tannrrs, harness makerfi, saddlers, blacksmiths, wagon makers, millers,
aiitl millwrights, diillecl and actually einploy~vl,:is their regnlar vocation, in said

tratlrs, w l d s t so acttially cniployed: J~owcletl, Raid persons sliall make oatli, i n


vrtiting, that thcy are so skillcd, and acttially eniployed at the time, as their regular
vocation, in one of the above trades.

On iiiotiou hy Mr. Davis, to ainend the amendment proposed by 311..


1hel:in by xtrilriiig out the words
7) o r d e t l , Rnid permiis d ~ a lrtiake
l
oath, in writing, illat the) ale b o skilled, and act uxlly
eiirployecl at tlw time, as their regular I oation, in one of the abovc trades,

{ :g3

_ ._ .
8
It was deterniined in thc negative,
- _ _ __ _
_ _ ._ _ _ _ _ _ _ _ _
12
On motion by Mr. lhelun,
Tho yeas arid nays bring desired by one-fifth of the Senatorb prcbcnt,
Thosc who voted i n t h o aHirniativc are,
Mcssrs. Davis, Dortch, Haynes, Lewis, Maxwell, Semmes, IVigf:dl,
and Yanccy.
Those who votcd in the negativc arc,
Messrs. 13aker) Burnett, Cl:Lrk, Henry, Hill, Hunter, Mitchel, Ow,
Pcgton, lhclan, lrcston, and Sparrow.
So the ainciidnicrit W:LY rejected.
On motion hy hIr. Scmnies, to amcud the amendment pro osed by
&h.YheliLii by inserting after the word t r a d c ~ , a t the en of said
aniendment, the words which affidavit shall only be prima facie
cvidenm of the fncts thercin stated,
It WLLSdctcrriiined iu ttie affirmative.

Sept. 17,1862.1

291

SENATE.

The qncstion then recurring 011 the uinendrncrit proposed by Mr.


Phelaii as amended,
On the question t o agrde thereto,
It was determined in the aEriiiati\-c.
So the ainendiiient :IS amended w a h agreed to.
011
iiiotion by Mr. Ilortch, to amend tlie ])ill by striking out, in
line 43, the words *aridoperators,
I t was detcrniiiicd in the negative.
On iiiotion 1)y Mr. Yancey, to :Lrnend the bill 1)sstrilring out, in
line 15, the word professors and inscrting in lieu theruof the word
t o ~ c h ~ r s ,
It was determined in the afh*niativc.
On motion by Nr. Yancey, to aiiicnd the bill I)y striking ollt, in
IincG, the \vord. :tiid. after tlic worcl * collegcs, and inserting, ttfter
thc word * ac:id~iiii~s,
the words m c l schools, who have hccn rcgn1:irly
engaged as such for two )ears previous to the lmssagc of this i~(:t,
It was determined in tlic afiivxitivc.
On motion by M u . Pnncey, to aiiieiiti t h c ))ill 1)y inserting, :tfter
the word act, in tile mucndiiiciitJ last agiwci to, t h words :md :tll
students iii colleges nritler twenty-one yews of agc,
Aftcr dch:itc,
MI-. Semaies demanded the q w d i o n ; which \va* wcorided, : ~ n d
The question being put,
\\ill tlie Senate agree to t h e :uneudnicnt!
Tt was dcterniincci in the negative.
So the aumdnic n t W:IS uej ectcd.
O Kmotion
~
1)) Mr. Preston, to amend thc bill by striking out, in
linw &j,47, and 48,thc wolds and students in theologicd sciiiinaries,
being candidtttw for :tdniishion to the Christimi nihistry,
On iiiotion hy Mr. Davis, to an~end the worcls proposed to be
htriclwn out, 1)s inserting aftcr thc word and, in linc 46, thc words
a l l ~ X W . ~ I I >who :kt the coiiiinenceiiierit of the war WCI-C and still are,
Af tcr debate,
Mr. Sparrow dcnxinded thc quwtion; I\ liich w l s
i h o qucstion ljcing put,
Will the Senate : L ~ C Cto thc :inlcndi1icnt?
It w a s dctcrniincd i n the n c p t i v e .
So the mmidnicnt I) :ib rcjcctcd.
Tl1c question tlicrl recurring on the : t i i i m d m c ~ r i t p r o j ) ( ~ d1)y Mr.
Preston,
Rfr. Phc1:tn deniatnded the question; wliich wits +c:condtcl, : ~ n d
The qnestion 1)cing put,
Will the Scimte agree to the amcndmcnt!
It WRY dctcrirrincd in thc nffifiniat1ve.
So thc :unendnicnt was agreed to.
htrikiiig out from the
On iiiotion I q Mr. ITilI, to ttnicnd thc IbiII
wold (~ vy~r.j ri thc f orty fo u rth linc, to the word :dI, i l l tho fortyeigli tli line, tlie words
all presidentr arlil teac.hr,ri. of c.ollqy.;, :icatlcinic~,ant1 HCII~~OIS, JC 1 1 0 ha\ I t)ccn regu1 7

larly mgagt,d aq ~ t ~ cfor


l l t\ro years preview to the. pasmgc of this act, and tllcologicitl

seminaries,

Mr. IIill demanded tho (1 ucstion; which


The question being put,

was bcconded, and

292

JOURNAL OF THE

[Sept. 17,1862.

Will the Senate agree to the anienclment?


Yeas _ _ _ . . _ _ _ _ _ _ _ _ _ _ _ _4_ _ _
It was determined in the negative,
___________________
On motion by Mr. Yancey,

The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Mcssrs. Brown, Clark, Hill, and Phelan.
Those who voted in the negative are,
Messrs. Baker, Uurnett, Clay, Davib, Dortch, Haynes, Hunter,
Lewis, Maxwell, Mitchel, Om, Peyton, Preston, Sernmcs, Sparrow,
Wigfall, and Yancey.
3
So the aiiictid~iientwas rejected.
On motion Iny Mr. Seinmcs, to amend the bill by icserting after the
word seminaries, line 46, the words
all artisans, irierlianics, and employees in the cstablishnients of t h e Governnient for
the manufacture of arms, ordnancc, ordnance stores, a i d otlicr nimnitions of M ar,
who may be certified by the officer in cliarge thereof as nccc::sary for snc-h cx&ablislimen&; also, all artisans, mechanics, and. cniployees in the establishnionts of sii(s1i
persons as are or may be cn~agctluiider contracts with the G
rnment i n fnrnisliing
arms, ordnance, orcharice stores, and other mnnitions of T
I7-onit74 That the
Chief of the Ordnance Bureau, or Poiiie ordnance oflicer autlio
d b y hini for the purpose, shall approve of the number of the operatives required in such establishments,

It was determined in the affirmative.


On motion by RIP. Ynnccy, to amend the bill by iiiscrting after the
words required in such establishments, in the amendment last
agreed to, the moi.ds
all persons cinploycd in tlic maiiiifactcturc~ol ariii5 or
several States, or by coiltracts to fnrriish tlw 5anli to tl
whoni the governor or secretary of state t l i c w d rnay
san10,

ancc of aiiy h t l 1 ) t~h e


-era1 state goveriiinents,
f y to be necessary to the

I t \pas dcterriiinrct in tlic ;itfirni:ttivc.


On inotion by Mr. i h o w n , to amcitd the hill by iiiscrting nftcr the
words necessary to the baiiie, in the amendinerit last :isgreed to, the
\vo rds*
all pcrsona engagetl 111 thc, constrnction of ships, gunboats,ciigiriea, sails, or other
artic*le~n(wtjsary t o the ublic defense, under the direction of t h e Secretary of the
Navy,

1t w i ~ sdctcrrnincd i n tho :~ftirniativc.


On iriotiori br 1111..Sparrow, to :uncnd tlic bill b y iiiscrting after the
word N:rvy, in the :uiiendnicnt last :~grcwdto, tlic words
niic oierwer on r 4 i pl:tnLition cnltivatetl exclusively b y negro ld)or, and owned hy
a n y person i n t h e civil or niilitary service of the Confctlcratc or Stat(&governments,

or any ininor, or witiow, or iinmarricil woman, or person not of soiincl mind,

On iiiotion by Mr. Prcston, to Rillend thc ainenduient proposed by

MY. Sparrow, by slriking out t h o words civil or,


On motion by Mr. Plicl:tn, that thc Senate adjourn,
On iriotioii l)y Mr. Maswell,

O d m d , That wlicn t h e Sjcnatc udjonrn it be to Friday next.

Tho qucstioii then recurring on the iiiotioii submitted by Mr. Phelan,


that tho Senate adjourn,
It was detcrniincd in t h e r i n g tm e .
The question then recurring o n tho arnendnient proposed by MI-.
Preston to the amendment proposed by Mr. Sparrow,
Aftcr debate,

Sept. 19,1862.1

SENATE.

Mr. Yancey demanded the qiicstioii; which

293

W ~ seconded,
H
and
The question being put,
%.ill the Senate agree to thc amcndincnt?
It was determined in the affirmative.
So the amendment was agreed to.
On thc question to agree to the amendment proposed by Mr.
Spwrom, as Rmended,
A debate arose; rind
Ou motion 1)). 3h. Orr,
The Senate ndjoiirncd.

294

JOURNAL O F THE

Wept. 19,1862.

the Confederate States in the State of Missouri, reported it without


amendment.
The Senate proceeded, as in Committee of the Fhole, to thc consideration of the bill (H. R. 11)last nientioned; and no ameiidrnerit being
made, it was reported to the Senate.
OrClered, That it pass to R third reading.
Thc said bill was read the third time.
Resohved, That it pass.
Ordered, That the Secretary inforin the 13ouse of Representatives
thereof.
MY. Selnmes submitted the following resolut,ion for considerrl.t1011:
Resolved, That the President be requested to communicate to the Senate the names
of all disbursing officers rcported b y the Cieeond Auditor t o tlie Coiirptroller as
defaulters, together with the amount now standing charged l o each officer so reported,
and the (late of the last rendition of acwuntr by each of mitl oficerh, arid the aiiiount
of bond give11 by them, respectivrly, for the faithful 1)erlormaiice of duty.

The Senate resumed, as in Coiiiiriittce of the W h o l ~ the


,
consideration of the hill (S. 62) to ltmend an act entitled An act to exempt
certuiri persons from enrollmmt for service in tlie Army of the Confedcrate States, approved 21st April, 1862.
The question being on agreeing to the ainendmerit proposed to the
bill by Mr. S p r r o w , as amended, viz:
To insert, as an independent clause, the following:
One overseer on each plantation cultivated cxclusively by ncgro labor, and owned
by any perxon i n the military scrviw of the Confederate or State governnlentg, or any
minor, or witlow, or ninnarried person, or person riot of sountl mind,

On iiiotiori by Mr. Orr,


Oa(hrvd, Jht it lic? on the tnblc.
On iiiotion by MI-. Sciimes, to :mrnd tho bill by inserting the following i ndcpcndcn t clause:
One orcrwx on crich plmtation cultivated by negro labor, and owned by any.perent iii tlie syrvicc of tlie Confederate or State governments, or by any minor,
or nnn1arrirtl wonian, or person n o t of sonntl mind: I~o?iidrtJ, That three
tboia of tlic. I)lantatioii aforesaid slixll make affidavit that such
aiy for the public safety, wliicli aKidsvit shall be delivered to the

by Mr. lhclan, to amend tbc amendment proposed by


Mr. Sciniiics, by striking out the saino, and inserting in licu thereof the
following:
( h e overseer for cach plantation cultivated by slave labor, nwnetl by any person
in t hc iriilitary serviw ot the Confederate States, or any minor, widow, nnmarried
of unsound mincl, on which an overseer was employed at a n
I ovwwcr only, on the sixteenth day of April last, and on which
r, or if o m , subject to enrollment, or upon which the owner was
P~mroairltd,That where the owner mas his own overseer he, or his
representative, shall file,in addition to his affidavit hereinafter required, the affidavit
of tii (0 rt>spcctnblccitizens residing in the vicinity of Paid plantation, that an over~ e e is
r nec~essaryfor tlic control of the slaves thereon, and the peace and security of
the nrighborhood: And providd, f u r t 7 w , That on plantations owned by the same
p(!1%011, not niOre thall five iiiilcs apart, only one overseer &all be exempted: And
yroc~itEetEtclso, That the owner, his or her repreeentative, of any such plantation as
abovtt specifird, sllall file his or her affidavit with the governor of tile
within
which hhid $ailtation is located, setting forth the facts above required to entitle such
plantatioii t o the benefits of this act, together with the nuniher of slaves thereon
betwoeiI t h e ages of sixteen aud forty-five years, and shall pay into the treasury of
tlie State f k e dollars for each of said slaves. Thereupon the said owner, his or her
rc:prcwntntive, 81iall be cntitled to receive from tlie governor a ct,rtificate that he or
she hag complied with the provisions of this act. Up011 the presentation of said

sept 19, 1862.1

295

SENATE.

On niotion 1)sMr. Clnrk, to :Lmcnd t he words proposed t o be stricken


out of t h e anicndincnt proposed by RIr. Semincs, by insorting before
the word service)tfic word iiiilitary,
MI-. Clay doniandcd the question; which was wconilod, and
The yiitbtion being put,
Will the Senate agrw to the ;~incndnicnt?

On iiiotion by Mr. CIaik,


,,
Lhc yv:~,bwid n : ~ p[wing desired I)y onc-fifth o f tlw Seiwtors present,
Those who voted in the afii.ninti\ e :ire,
MCYR~S.
fi:k?r, Burnett, Chrk, h v i s , Iluiiter, Lowis, Preston, arid
Wigfall.
Those who vottd in the negative nre,
MCSS~Y.
Hrown, Claj-, Ihrtch, J.Is~ynes,Henry, Hill, Mitchel, Oldhain, Orr, Ycyton, Yhelan, Senimes, Sparrow, anti Yancey.
So the amendment W M rcjcdxd.
On motion l y Mu. Yaiicey, to amend the words proposed to bc strickcn
out of the aniendrricnt proposed by Mr. Scmnies, by striking out the
words and owned by m y pci*aon absent in tho sorvico of the Confederate or State govern~ncnts,arid iriscrtiiig in lieu thereof tho
following: upon whi(1i :is inmy 8s twenty slaves are worked, arid
ownt?d by persons not residing upon the same,
Mr. 33romn dciriaiidcd thc question; which was sccondcd, and
The question k i n g put,
JVill the Senate agree to the amcndnient?
. _ _ _ _ _ _ _ _ _ . .10
____
It was: dctermincd in the ncgntire, Yeas
KaT,s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 13
On motion by Mr. Phekm,
The yeas and nays being desired by onc-fifth of tho Scnators present,
Those who voted in the a6rrnntive arc,
Messrs. Thmctt, Clark, Clay, Hill, Lowis, Xitchel, Oldhum, Orr,
Scmincs, and Ynncey.
Those who voted in the negative are,
Messrs. Baker, Urown, Ilaris, Dortch, Ilayncs, I-Ienl.~.,I-Xunter,
Maxwell, Peyton, Phclan, Preston, Sparrow, and Wigfall.
So the amendment was rojccted.
The question then recurring on thc amendment proposed by Mr.
Phelm to the amendment proposed k)y Mr. Semnles,

__

296

JOURNAL O F THX

[sept. 19,1862.

Mr. Clay demanded the question; which was seconded, and


The question being put,
Will the Senate agree to the amendment 4
__ __ __ __ __ __ ____ 3
It was determined in tho negative, Yeas
Nays _._.__.
__ _ _ _ _ _ _ _ _ _ _ _ 18
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmatire are,
Messrs. Phelan, Preston, and Wigfall.
Those who voted in thc ncgitivc arc,
Messrs. Baker, Burnett, Clark, Clay, Dnvis, Dortch, IIaynes,
Henry, Ell, Lewis, Maxwell, Mitchcl, Oldhnm, Orr, leytoii, Seiiiiiiw,
Sparrow, and Yaneey.
So the anicndment was rejected.
On motion by Mr. Clay, that the vote on the rejection of the amendment proposed by Nr. Yanccy to the arnondmciit proposcd by Mr.
Senimes,.providing f o r the exemption of one orcrsecr on each p1atit;ttion
upon which as m m y RS twenty slaws are worked, ctc., be reconsidered.
Mr. Clay cleinsndctl the question; which WRS seconded, nncl
The question being put,
- - - - - - - - _ -_ -- - - - - 1 2
It mas determined in the affirmative, Ycas
Nays .-- - - - - - _ _ _ _ . - _
_ -_
s
On motion by MY. Phelan,
The yeas and lings being desired 1)yone-fifth of the Senators present,
Those who voted in the nflirniative are,
Messrs. 13ixrnctt, Clt~rli,Clay, Ilcnry, Hill, Mitchcl, Oldham,Orr,
Semtnes , Spirrow, \V ig fa1I, :LI id Ymccy.
l?hosc who voted in the ncg:kiv(%are,
Messrs. D:wis, Dortch, II:iynes, Lewi*, Mnxwell, Yeyton, Phel:tn,

and Preston.
The stbid n~ncrtdlnentL)cingfigaiii uridcr consideration,
MY. Yanccy (I).\. cwii>cril) tiiodiiirtl the s:Lnic; nncl
On the question to :igrce to the ntncnclnicnt :LS modified,
Mr. Chy dciiinndcd the qiicstion ; w1iic.h WRS rcconded;
Pcndii ig \v h ich ,
On motion I)y Mr. Orr, that the Sciiatc t~djoiirii,
It W:LS detcrinincd in t t w negntivc.
Tho qii(\stion tlicw i w n rrin g on the :~inentliiientproposed by Mr.
YRIlCCy,

On the qiwstion to agrcc~thc reto,


9
1C \vtw cleLrnninot1 i n thc nrg:itiw, j Peas
\ Nays
- - - -- _ _ ._
_ _ ._
_ _ 11
On niotioii I)y A h . llorlch,
Tho FP:I#:%ndnay< hciiig drsircd by onc.-fifth of the Senators present,
l h o who
~ voted i n the afiirrnst i v o :we,
Mcssrs. Cl:wk, ( h y , Tlcnry, Hill, 01.r. SjCtiiiiich, Spirro\\~,JVigfall,
% I d Y>&ncc.g.
Thobe who voted in tlic ncpatirc t w ,
. l h l t ~ ,Ilttynttt, I h v i s Dortch, Ihynes, Lewis, MaxTvell,
Mitc.hcl, lc y to ti, lhc 1:~11, : t ~di 1ISo tho aniciidnient, upon i.c.coiihidcrntiori, W R rejected.
~
on nlotion I)lr 311.. Ot.r, to niiicnd the anicnclm~~ntproposed ])y Mr.
khll111Cs, by inmting I)cforc the word o~ie,i n the first ]illc thpreof,
- . ^ . - - _ _ _ _ _ - _ _ I _ _ _

t l

&pt. 19,1862.1

SRNATE.

297

JOURNAL O F THE

298

[Sept. 19, 1862

So the motion was not agreed to.


On the question to agree to the amendment proposed by Mr. Clay,
as amended,
Mr. Clay demanded the question; which mas seconded, and
The question being put,
13
It was deteimined in the affirmative,
; ; ;;; 1; 4,51
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of t h e Senators present,
Thoae who voted in the sflirmstire are,
Messrs. Burnett, Clark, Clay, Hill, Hunter, Lewis, Maxmell, Oi-r,
Peyton, Phelan, Scmines, Sprrow, and Wigfall.
Those who voted in the negative nre,
Messrs. Baker, I-Inyncs, Henry, Preston, and Yancey.
So the amendment as ainendcd H ' ~ Y agreed to.
On the question to agree to the resolution its amended,
Mr. Hill deinnncled the question; which was seconded, and
The question being put,
Will the Senate a rco t o the resolution?
It was deteruiiric in t h e afismativc.
So tbe resolution as amended was agreed to.
The Senate proceeded t o the consideration of the resolution submitted by MI.. Haynes o n the 15th instant, instructing the Committee
on Naval hflairs to inquire into tho expediency of building a suficient
nuinbcr of gunboats for the dcfciise of the Tennessec and CumberliLnd
rivers; :~nd
The rc?solution was agreed to.
On motion by MY.Sparrow,
The SeurLte iwolved into cxccutivc. session.

igzE 1 11 1

1; 1;1

I~~X'IWUTIVJ?
SESSION.

The following niessngc w:is i*cccivrrlfinin the President of the Confederate States, hy Mr. 13. N. Hartixon, his Secrctnry:
To the Swntr of l l i ~Confedernte States:

RICIIXOND,
&ptemher 15, 1869.

on the ncco~npanyinglist to the rnnlr affixed to their iiaines,


respoctivcly, nyrcc3l)ly to t Iic rccoiiiiiicntlatioii of the Sccrctary of War.
JEFFERSON DAVIS.
COXFEI~ILWE
S'IxrrEs O R A\IERIC.\, W III DETARTMEXT,
Itichmond, September 1, 186.9.
SIR: I hnvc tlic lionor to rccoiniticnd the following noiniliatioils for appointment in
the I'rovisionnl Ariiiy of tlie Confcdcrate Rtntcs of America:

Ah)or-genernIs.

Lafsyettc?Mcl,ams, May 2 3 , 1802, Georgia.


A. 1'. Hill, May 26, 1802, \'irgiui:%.

Ricliurd 11. Anderson. Julv 11. 1862. South Carolina.


J. E. 1%.Stnart, July 23, 1802, Virginia
Itic~harrlTaylor, July 28, 1862, T,oniaiana.
8. I). Bnckner, Augnst 16, 1862, I<entuc*ky.
Jones &I, Vithers, August 16, 1862, A1d)aina.
Brigadier-generals.

Joseph Finegan,April 25, 1862, Florida.


J a m s 0.Martin, May 1'7, 1862, North Carolina.
Thoinm 1,. Clingman, May 17, 1862, North Carolina.

Sept. 19, 1862.1

SENATE.

Samuel Gai-land, jr., May 23, 1862, Virginia.


Wade FTainpton, May 23, 1862, Soufli Carolina.
D. V. itdams, May 23. 1862, Louisiana.
T,ouis TIbbert, May 26, 1862, Louisiana.
J. C. Noore, May 26, 1862, Texas.
A. H. Wright, June 3, 1862, Georgia.
Jaines I,. Kemper, J~iiie3, 1862, Virginia.
James J. Archer, June 3 , 1862, Al[arylan~l.
George B. i\nderson, Jnlic 9, 1862, Sortli Carolina.
13. IT. Robertson, June 9, 1862, Virginia.
Joliii H. Jonw, June 25, IS(i2, Pirg~nia.
St. Jolin K. Liddell, July 17, 1862, Arkansw.
N.13. Forrtlst, Jlily 2 I , 1S(i2, T ~ T I I I ~ W Y .
1). l'c~ncler,Julv 22, 1862, North Carolina.
bI. Jenkins, July 22, ISG2, Horitli ("uwliria.
lVIartiii 15. C i r c ~ n July
,
23, 1862, IIisouri.
Fitzliugh IAY, J n l y 25, 7 SG2, Virginia.
Harry 7'. I l : t p , J ~ l y
25, 1862, 1,oiiibj:ina.
Johnson IIapootl, July 21, lS62, fiuutli Carolina.
A. G. Jenkins, Augwt 5, 1862, Yirginia.
W. E. Stark?, Angust 6, 18G2, Louisiana.
\Villiam Jh-krdale, Aiugiist12, 1862, 3IisYissippi.
Eclnnrd I). Tracy, Augu5t 16, 1862, illabaiiia.
31. I). Ector, Texas.
13. A. l'crry, Flori(ln.
.Jolin Grcgg, Texas.
J . C . Rrowii, 'l'cniieswc.
A . 11. Colquitt, Lcorgia
,Juiiiuu Daniel, K w t h Citioliila
J\.

41>JI 'I'AN'j'-(+BNI~HiL'h l>El'AIW~fICN'l'.

7;1f~lt~~//11/t-~~lo,,PI\.

George G. Garner, July 2, 1862, 1,ouiuian:i.


(icorgc \V. I<rent, July 2, 1862,Virginia.
\V. li. lZearcl, Jnly 2, 1862.
11. W.'iV:Llter, July 2 , lS82.
11fi1.;0r.\.

Williaiii 8. Barton, Aiiril 29, lSG2, KoStli Caroliiia.


James Barbonr, i i p i il 29, 1862, T'irginla
Jolin T. Pickelt, May 12, 1862, I<entucaky.
1lerir.y E. Peyton, )lay 12, 18G2, Virginia.
J. 1,) le Clai kc, &lay 9, 1862, FIori!l?.
It. L. Dabney, May 12, 1862, Virgiina.
John Diinwody, May 15, 1862, Georgia.
Thomas M. Jack, May 17, 78G2, 'J,'ennesser.
L. 12. Papc, May 20, lS(i2, Mi
Peter Mallett, May 21, lS6'2,
Henry Bryan, Slav 26, 18G2, Virginia.
Jaiiics M.Goggin,"Jimr 4, lSBd, Ck2rgia.
James 13. Doiman, June 13, 18(i2, J irgiiija.
William G. S n a n w i , Jnne 12, 1862, A1al)ama
G. h I Sorrel, June 24, 1862, AIaban~a.
J. tir Fairfax, June 21, lS(i2, Alal
Micajah F. Berry, July 3, lS(i2, 31
Michael R. Clark, Jnly 2, 1862, 31
S. St. George RogerP, July 5, 1SB2, Tlorida.
R. C. Morgan, J ~ l 8,
y 1862, l'iiginla.
W. T. \Valthall, July 12, 1862, Alabama.
J. L. Cross, July 14, 18G2, \'irginin.
T. 8. McIntosli, July 16, 1862, GeorKin.
B. Sloan, July 16, 1862, South Cztrolina.
William T. Ker, Jiily 17, 1862, North Carolina.
William M. Levy, July 31, 1862, Louisiana.
E. Surget, July 31, 1862, Louisiana.

299

300

,JOURNAL O F THE

J. W. Tayloe, July 31, 1862, Louisiana.


Norman R. Fitz Hugh, August 8, 1862, Virginia.
Heros von Borcke, August 8, 1862.
3. T. W. Hairston. August 8. 1862, Virginia.
B. Barrow, August 1L-I 862. Tennessee:
H. S. Bradford, August 11,1862, Tennessee.
R. D. Crittenden, August 13, 1862, South Carolina.
T. B. Boy, August 15, 1882, Gpnreia.
Thomas S. Mills, August 15. 1862pkouth Carolina.
Thomas J. Clay,Au&t 16, 1862, Jcentucky.
T. J. Peyton (not yet appointed), Virginia.
Cq1)t~LillS.

John F. Lay, to take rank April 2?, 3862, Virginia.


Mallory 1. ICilig, to take rank April 23, 18G2, Georgia.
W. A. Sniitli, to take rank April 21, 1802, blis?o!1ri.
John M. Otey, to Like rank May 1, 1862, Tirgiiiia.
Wilk. Call, to take rank Blay 1, IXAL
Albert 11. Lea, to take rank &lay1, lXG2.
W. B. Myers, to take rank May 15, 1862, Virginia.
Walter Wrenn, to take rank May 1, 1SG2, Virginia.
Thoinas Croston, to titke rank p\Iny 1, lXG2, Tiiginia.
Kinloch Falconer, to take rank May 1, ISG2. Mississippi.
Dudley D. Pendlctoil, to t:tkt: rarik May 22, 1SG2.
C;. W. RIcCaulry, to tnke rank April 23, 1XG2, Kentucky.
Joseph J,. Robc~tbon,to take rank May 5, 1S62, Kentucky.
Jamcs C. Rfcltae, to take ralilr &lay30, 1862, Sortli Carolina.
R. It. IIutchinson, to take raiik Jrinc 6 , 1862, i\Iissonii.
W. S. Winder. t o takr rairli Jilne 10. 1362. 3Iar;rvlancl.
> t a k e rank Jnnc 10, iRG2.
mlr June 11, 1SB3, Virginia.

[Sept. 19,1862.

Sept. 19, 186a.l

SENATE.

W.E. Barksdalc, to take rank July 14, 1S62, lltississippi.


Clifton 1. Smith, to take rank April 23, 1862, Yirginia.
.John 11. Nev , to take rank J n l y 29, 1862, IJonisiana.
J. D. Darden, to take rank J n l y 31, 1862, Virginia.
J o h n Henry plronri, to take rank May 13, 1862, Texas.
Charles C;. Rogers, to t:tke rank April 33, 1882, Tcnnessee.
\V. A. Goodman, to take rnrilr June 2S, 1S62, Mississippi.
H. 11. Harrikon, to take rank J u l y 6, lW2, Virgi!iia.
G. I). Bradford, to h k e rank J d y 7, 1862, Louisiana.
James W.illangnni, to take rank May 26, 7862, Texas.
J. 13. Pearce, to take rank July 24, 1S62, Virginia.
B. F. Blacakburn, to take rank Jnne 26, lS62, Arlmansas.
J. Dug116 l~crgnson,to takc raiilt July 30, 1863, lrirginia.
Nicholas Fitzhugh, to take rank August 6, 1862, Virginia.
JOR.Manigmlt, to t a k e rank August 11, 1S62, South Carolina.
(7. A. Se:tbrook, to take rank J u l y 22, 1862, South Carolina.
W. 17. Kanw, to take rank August 8, 1862, South Carolina.
E d m ~ ~ n11.
t l C u n l ~ ~ l itol ~take
~ , ranlr July 7, Isti!, illaryland.
W.N. S t a r k , to take rank August 9, 1862, 1,oriisi:ttia.
t a k e rxnli ilugwt 2, IX(i2, Kciituc4y.
k e rank July 7, IS(i2, Rortli Carolina.
take rank August 8, 1862, North Uwolina.
C. 31. Selpli, to take rank July 15, 1862, Florida.
D. Bl. Uu Uose, to takc rank April 23, 1802, Georgia.
Aids-de-camp, with rmtk of Jrst licw~e~anni.
Thomas J. Turner, to take rank -\pril 25, 1S82, Virginia.
John 31. \Vilcy, to takc I . : L I I ~ April 23, lS(j2, Alal~ama.
,James 1,. Yrawr, to take? rank .lpiil 28, lSrjt', ,~lebania.
Joseph C. IIabersliani, to take rank .\piil 2.3, 1S62, Georgia.
John 11. Maury, to take rank dpril 2S, 1866,Virginia.
Alc6c DuprC, to take rank May I , 1862, Loui&lia.
9.S. T. Beauregard, to take lank ,\lay 1 , 1862, Loukiaiia.
Ed\! arc1 1%. Tarver, to take ranli >lay 1, 1862, Tcxas.

301

302

JOURNAL OF THE

[Sept. 19, 1862,

William Yerger, to take rank June 23, 1862, &Iississippi.


A. H. Sevier, to take rank April 23, 1862, Arkansas.
E. R. Baird, to take rank May 21, 1862, Virginia.
Leonard 11. Mangunl, to take rank May 19, 1862, Arkansas.
C . D. Myers, to take rank May 12, 1862, Mississippi.
S. M. Hyaixis, to take rank June 18, 1862, Louisiana.
A. N. Parker, to take rank July 18, 1862, hIississippi.
J. R. Jones, t o take rank J u n e 9, 1862, Virginia.
Rufus Shoemaker, to take rank May 16, 1862, Bfississippi.
Dwight Martin, to takc rank J u l y 28, 1862, Louisiana.
Elliott Johnston, t o take rank April 23, 1862, Virginia.
P. E. Bonford, t o take rank April 23, 1862, Louisiana.
M. D. Bringier, to take rank April 23, 1862, Louisiana.
Joseph G . Morrison, to take rank July 23, 1862, Virginia.
Robert W. Anderson, to take rank July 11, 1862, North Carolina.
Thomas S. Hardee, t o take rank April 25, 1862; Georgia.
Edward Scott, t o t a k e rank July 7 , 1862, Imisianx.
Charles 141. Harper, to take rank July 22, 1862, Alabama.
J. 1. Ihehoiigh, to take rank July 31,1862, Virginia.
Henry C:. Lee, to take rank July 30, 1862, Virginia.
R. Channing Price, to take rank July 25, 1862, Virginia.
William HazlchurPt, to take rank August 6, 1862, Georgia.
J. W.Jamison, to take rank J u l y 22, 1862, South Carolina.
Jos. E. Dwyer, to take rank April 23, 1862, Texas.
Edward Cantwell, to take rank August 8, 1862, Korth Carolina.
R. I?. Duncan, to take rank July 11, IS@, South Carolina.
Jacob Shepptrd, to take rank August 16, 1862, North Carolina.
Francis von lhul. to take rank Awil 23. 1862. Missouri.
I am, sir, respectfully, your dbedient s e r h t ,
G. W. RANDOLPH,
Secretary qf War.
To IIis Excc1lenc.y JEFIMSOX
Davrs,
Presideni, etc.

The mcsxxgo was rcad.


Ordwed, lhat it, bc rcfcrretl to thc Coininittcc on Military .Iffairs.
Thc following nicswgo WBS received froin t h o lrcsidcnt of the Confedcixtc St:ttes, by A h . 13. N. liarrisoii, his Secretary:
Wrcr~xo~vr),
8q)trntbcr -, I862.
Ib the rSi)ar& q. //re bllj
AgrredAy to ill(. r w
of tire Swretary of War, I nominate t t l c officers
on the ac~~ompaiiying
list to the rank
to their iiauiw, rcspectivcly.
JEFFERSOX 11AVIS.
OI zi VI>ItIC i , ~\rAl?, ~ E I A I W X E X T ,
Richnaond, XeptemOer 15, 1862.
M r n : 1 I i a w the Ironor to ir~coinnic~iiil
thc. Fol1t)wing nominations for appointment
in thr Provisional iiriiiy of tlic Coiifcdcratc States of America;
XEI>lCAI, I)Jllhl~I,MBST.

Surgeoris.

iilcxantler IIart, Tmisiana; IT. G. Daviclson, Virginia; J . Xromnrigg, Mississippi;


W. L. Nidzol, Tennessee; W. E. 13uie, Missimippi; Ed. N. Carey, Maryland; J. W.
1 [all, North Carolina; Pranciv Sorrel, Gcorgia; .J. W.C. Smith, Mississippi; Peter
W. Young, North Carolina; Peter Cnstis, Nortll Carolina; L. P.. Yandell, Tennessee;
Charlcs Langenbeclier, Louisiana; JC. 11. C . Bailey, Missouri; Thomas 1). lsom,
Rlississippi; 13enjamiiiF. J h w n d e n , North Carolina; Benjamin F. Cobb, North Carolina; William C. W:trren, North Carolina; Hector Turner, North Carolina; \lilliam
11. J)oughty, Gcorgia; Iiicliard 13. Bakw, North Carolina; L. RI. Carn, Florida;
IZenjaiuin Ulackforcl, Virginia; J. N. D d s , Louisiana; John 11. Hunter, Arkansas;
A. P. IPall, Alabama; George Lunipkin, Georgia; B. M. Croin.vc.ell, Georgia; Benjamin liliett, Soittli Carolina; Le G. C;. Capers, Georgia; E. 31. Seabrook, South Caroh a ; John F.Miller, North Carolina; E. I<. Jenkins, South Carolina; \V. J. David,
South Caroliua; A. L. Breysacher, Tennessee; Henry Izard, Mississippi; J. W.Pith,

304

*JOURNAL OP THE

[SCpt l q , 1SG2.

Alabama; Benjainin IJ. Walker, North Carolina; Jarnw RI. IJeggett, South Carolina; Ed. B. Smith, South Carolina; Ja;lncs F. Pearce,.South Carolina, Can~illnsT.
Coleman, South Carolina; Alexander IIarris, Yirgiiiia; Alexander D. Hamiltoil,
Maryland; John IT'. Sherrod, Piorth Carolina; John 31. Reynolds, 8onth Carolina;
Solomon Secord, Georgia; Ephrairn 31. Jenkins, South Carolina; John S. Ptoney,
South Carolina; A. Grigsby Emory, Alabama; San~nelT. Chandler, \'il gillin;
A1 rnon M. Lee, r\'orth Carolina; Ralph B. IIannhan, Sonth Carolina; A. J;:ilglish
Wgiams, South Carolina; Thomas C. Girydcau, South Carolinu; Joseph Winthrop,
Soith Carolina; Waltm H Dean, Georgia; E. L. Thoinson, .~lahania; John W.
I,awson, Virginia; 1,iickis C. Coke, North Carolina; Tlionras I>. Jlerritt, RIissisbippi;
Edwin Barlles, North Carolina; David TC. Rass, Virginia; 3oucph C. Shepartl, X'orth
Carolina; Lafayette Russcy, North Carolina; Sterling 13 F;irniiions, Georgia; Christian
D.Owens, South Carolina; Robert 1cI. Ilarper, Virginia; Thi .'T f Looper, Xorth Carolina; Robert P. Taliaferro, Virginia; \Vi!liain Henry Shicldq, Virginia; Po\\ hatan
Bledsoe, Virginia; IIunie Feild, Virginia; Williain \Vallacc, Tirgitlin; drirtidcs
Monteiro, Virginia; John Alexander Graham, Virginin; Samuel V. Firltl, Georgia;
'J'holuas C. Pugh, North Carolina; \Villiani
I3romn, Sorth Carolina; Lafayette 11.
Jordan, T'irgiri?a; 5 . Jefferson em\\,31iFS ppi; \l'illiaiii Jordan Luck, Virginia;
J. R. Slayton, ,Ilabnnia; William \Ir. Lan
ortli Carolina; William 11. Hnghrs,
Korth Carolina; John I I . I h y o u n , Xorth Carolina; Itugh \Y.( h d n c r , Xorth Carolina; John Atlaxiis Vigal, Georgia; J. 11. Fostw, South Cnrolina; James 31. IIoyl,
&tipsissippi; E. W. Thoiliason, Alabania; 13. 11.Caltl\~c~ll,
\hl>a111;~;
Iicrnlan Ua?r,
South Carolina; William Wilson 8. Butler, Tirginia; 11'. C . Fergusoxi, Virginia; Seabrook Jenkins, Virginia; John C. L. Engle, Florida; l'atrick Ienry CiriMn, Virginia;
C. A. hshlin.
QLCplCLiTLS.

13. 31. Scrirencr, T


C. T. Qniiitaril, SI
fl. I+:. Cassiilcy, C
Tl101nas s. lVVc41) 3
tkmgc Hl:tiiglitc.r,
a; Jcffcrmn 13:trton, Ckorgia; I\'. \V. Lortl, SIississippi;
Robert S. 310rm, Sort11 Carolina; Thoinas C. Weir, 3Iitrrisrippi; Janiev 13. IIall,
enncbl-rec; J o h n 5. IIyman,
Alabaina; Tllolllas 11. lirclllan,
(Xcoreia; -1. 13. Stcphcnl-r,South
Geoigia; J. 11. Page, Korth
(Ltroiin:i; ( ~ c w g cJI:tr;inloy, (
Piorth Carolina; Cicorgc
(>iltner, Virgii!ia; It. 1101111:in,
atthiu, Georgia; James ?I.
Stokes, Georgia; Iitwjamin 12, l'crry, ,\l:tbama;
. >I. It. Kraiiier, tkorgm;
Ilcnrv Al. Snced, Georgia; llittvev hIcIIan, ( h r g i a ; 0. 11. Illuc, .ilabarna; J. C.
Low(>,Mississippi; Styring S.3IoorC., Nortti Carolina; 1t7. W. CMin, Georgia; A. (;.
li:iinc;c, Al:tbanin; I,. \V. Allen, Virginia; John 13. &IcCiillough, South Carolina;
T'. A. Kinhell dldmnitt; V. Hnrlctt, Georgia; J. 11.IVilloughby, Alahanirt ;
Waggciier, drgiiiia; \villianr 31. '\'an~lrr~iiirst,
~ e x a s ;0. I). Fit,,gcmld, nli
J. 11. Colton, North Carolina; J . Sf.(Irecne, (feorgia; 3. XI. Cline, Xortli Carolina;
William l3. PIoovor, 3lissibsippi ; Jaiiirs E. Godfrey, sr Georgia; \V. J. JIcCormic~lr,
Floritla; A. C. Rtanlcv, (;rorgiu; ~ i l ~ i a H.
n i ~ a t ~ c gortli
y,
Carolina; IV. J. Ponst,
TCIII~WWX;
J. W.Milel., Sonth Carolina; \v. V. \Yilson, \'irginia; ,I. C. Caperton,
Yeterron, Virginia; Isaac Spangler,
Mississippi; ltobcrt .i.Afickle, Georgia; Peter
iilnl,oina; 1% F. T,ong, xu'orlh C:trolina; G. \Ir.Johnston, Tennessee; \v.
Carson,
South C:trolin:i; J . 1'. N. Iliid~ll~tston,
3JispiaGippi; Jacob E;. Dodd, Georgia; 1). W.
Fly, Texaq; (fcorgc 11. Xortoii, Virginin; John I%. Bennett, Missouri; B. T. Kavanaugh, Xlissouri; I). 7V. IViggim, Mississippi; Evander 3lcPr'air, Korth Carolina;
Jarriex A. I'Ortor, Sooth Carolina; Franklin Finney, Mississippi; J. B. McCutcheon,
Xentucky; Etlwiii C. TVeulcr, North Carolina; T. 13. IIowle, dlabamn; John Paris,
North Carolina; B. J. Johnson, Florida; J. E. Williamson, V2ginia; L, H. Bald-

n.

306

JOUBNAL OF THX

[Sept. 19, 1862.

Robert H. Allen, Mississippi; Edward A. Semple, North Carolina; Hugh F. Patton,


Virginia; William P. Curlee, Mississippi; J. JValter Perry, Georgia; R. Y. Ashe, Alabama; IMmnnd Kirby, North Carolina; John W.Rentz, Alabama; Peter Fontainc,Virginia; J. J. McClendon, Georgia; J. C. Wardlaw, South Carolina; Thomas S. Bell,
Virginia; Lewis Harman, Virginia; A. Grayson I-lalyburton, North Carolina; Samuel
Hale, Virginia; John W. Iierr, Texas; Joseph V. H. Naeh, Virginia; George IT.
Moffett, South Carolina; Matthew Watson, Texas;. George T. IIoward, Texas; 17. c.
Buchanan, South Carolina; John M. Page, Virginla.
I am, sir, respectfully, your obedient servant,
GEO. IT. RBPZDOLPH,
Secretary o j War,
To His Excellency JEBPXHSON DAVIS,
Presadent, etc.

The message wab read.


Ordered, That it be referred to the Committee on Militttry Affairs.
The following inessngc was reccirecl from the President of the Confederate States, by Mr. 13. N. Harrison, his Secretary:
RmxxoND,

!%$ember 12, 16'6~.

To the Senate of the Conjcdcrate Aalea:


Agreeably to the rec.olllnlerlclatiorio f the Secrelary o f War, I nominate the officers
on the accompanying list to the rank afixed to their names, rcspectively.
JKFFERSON Dh\'IS.
C0NFlCI)EItaTlC &PATES

OB' -&BIERI('A, \r'AIt

L)IWAlWMENT,

Richmond, Srptemhrr 11, 1862.


SIR: I liave the honor to recorrimericl the following nominations for appointment
in the Provisional Army of tho Confederate States of America:
SlLTpo?ls

Gnstavus A. Nott, 1,ouisiana; Benjamin Franklin Watkinq, Alabama; John Isaac


llnlnc, Alabama; Tboinas Franklin (inllett, Mississippi; Horace L. Houzc; John G .
&YJtt, Aktlbaintt; Calch 1:. I,aniplcy, A1al)aina; Allirrand IIolnies, \yilliain T. Sntton,
!aims F. Fonlkrs, John \ViIson; Peter F. \Vliiteheatl, illissouri; William B. Itu,sscl,
J!cxas; i h i c l fibas, Trx:is; Dnltr W. IIuntcr, Missouri; F. R. Durrett, Missouri;
Jolin 11. ISritts, BIissouri; Williani M. Gongh, Missouri; 0. Iiratz, Louisiana; 11. W.
:I; J . I). Alison, Alabama; I,. W.Tuttle, Mississippi; ,John Browni; Ilenry Izard, Mississippi; J. C. Lrgare, Locisiana; Ilenry Yandell,
W. Gilbcrt, Al:tbanm; F. A. Stanford, Georgia; Z. J. Scott, AlaM. (iarrchtt; Henry D. Fraber, South Carolina; Ed\\ard North, South
Unroliua; John 1'. Chazal, Soutli Carolina; W.1'. Kcme, Alabama; Miller W. Francis,
Alabama; P. It. li:vans, I>ndley 11. Raunders, R. L. Nitlelet, T. J. Scurlock, James G.
Rol)cvtson, J . J. Roberts, William 11. Priddy, E. McD. Coffey, James C. Nidelet,
Robcrt A. Felton, Jams D. Wallace, Jolin W a t t , John M. Allen, Elms J. Bowen,
Ci. RI. U. Mauglis; John G. Griggs, Aliibania; J. 11. Calvert, Kentucky; 8.E. Chaillk,
Louisima; W. C. \Vatlien, G. IT. Fort, Cliarles T. Part, William Ilenry Robins,
John N'. Prewitt, A. M. Ilcatlley, Benjamin F. Roberts, John F. MeGregor, John
R. .Conway, Jicnics 11. Pwindells, David P. Williams, 17. F. Besselien, John tI.
Gttines, A. U. lIoy, 12. L. Talbott, George W. Taylor; L. Frornni, Louisiana; W. E.
Ihiic, Mississippi; A. 2'. Watson, Alabama; W. I?. Westmoreland, Georgia; D. H.
E. Gordon, Mississippi; D. A. Kiiichloe, Mississippi; D. C.
i; J. F. Harrington, Missijsippi; James S. Oliver, Alississippi;
e ; W.>I. C'ompton, Mississippi; R. P. Baternan, Tennessee;
i; 1. Hinkley, Tennessee; D. 1. Strode, Mississippi; J. N. M.
L wh, Kmtucky ; Thornits ltivem, Arkansas; A. Rhea, Mississippi; W.B. Harvey,
&?issimippi; I?. E. Daniel, Mississippi; T. C. S. Whitsitt, Missouri; S. 11. Rushing,
Louisiana; C. .:41 Michel, Missouri; A. A. Johnston, Texas; W.I,. Nichol, T'ennessee;
E. El. C. Bailey, Missouri; William 31. Cole, Kentucky; C. W. Taliaferro, Tennessee;
'w. S. l a k e , Arkansas; C. M. Taylor, Arkansas; I,. A. Dickson, Arkansas; S. W.
Vaughan, Josiali S.White, W.1%.Walker, John D. Collins, B. A. Jandon, E. J.
Beall, C. 0.Kurtman, Angus G . Sllaw.

Sept. 19, ISU2.1

SENATE.

301

308

JOURNAL O F THE

tsept. 20,1862.

Wheeler, E. Footman, William I?. Head, J o h n T. HickB, J o h n Jobc, Daniel F.


Stewart, John J. Tobin, R. 1,. Boycc, Francis D. Cash, A. U. Q.uarles, N. 1. Wynkoop, W. A. Carter, 11. M. Jones.
I am, sir, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary o j War.
To His Excellency JEPFERSOXDAVIS,
President, etc.

Thc message was read.


Ordered. That it be referred to the Committee on Milkdry Affairs.
Mr. Semmes, from the Committee on the ,Judiciary, to .whom was
referred (on the 12th instant) the nicssags o the Yrcsident requesting
the udvice of the Senate as to the meaning of the first clause of the
sixth article of the Constitution, submitted a report (No. 3) accompanicd by a resolution defining. the meaning of said clause.
On motion by Mr. Scmmes,
Ordered, That the report and resolution lie on the table and that
they be printed.
On motion by Mr. Sparrow,
The Senate resolvcd into open legislativc scsdon.

SATUKDAY, ~EPTEMBEIL 20, 1862.


OPEN SESSION.

Mr, Baker (by leave) iiitroduccd

A bill (S.87) to aniend an w t to provide for auditing the accounts


of tlic Post-Ofticc I)epwtnicnt, spprovcd May 16, 1861;
which was rend the first and second times and rcfcrred to the COKUniittce on Finance.
Mr. Dortch presented :I uicrnorial oE ccrtniii medical officcrs of the
Navy in rolntion to mnli, ctc. ; which was referred to the Committee
on Naval Affairs.
Mr. II:iyncs, froin tlic Conmiittoe on the ,Judiciary, who were
i i i h u k c d by a nsolution of the Serrate to inquire into the subject,
reported
A hill (S. 88) to punish insurrcctiori or rebellion against the Confederak States;
which w a s rwd tlic first :uid scoond times and ordcrcd to be placed
upon tlic C:ilend:tr mid printed.
Nr. ITili, from the Commit
on the Juclicinry, to jvhom ~ v a s
reforrcd a petition of Chc boaid of nianagcrs of the Bible Society of
the Confcdcr:it c Statw o f Anieriw,, reported
A Id1 (S. 89) for l h c rclicf of the Biblc Society of the Confederate
Stutcn of Amcrics;
which W:LS rcad the first m d second tiines arid ordered to be placed
upon the Chlcndar aird printed.
Mr. Sill, from the Committee on the ,Judiciary, to whom was
rcferrcd thc bill (S. 85) to amend the twelfth section of an act amendatory of thc sequestration law, approved February 15,1862; reported
it witliout amendment.
The Scnate proccedcd, as in Committee of the Whole, to the consideration of the bill (S.85) last mentioned; and no amendment being
made, it was reported to the Scnate.

Sept. 20, 1862.1

SENATE.

309

O r d c d , That it be engrossed and read n third time.


The said bill wab read the third timc.
Resolved, That it p a s , and that the title thereof be as aforesaid.
O i d r ~ c d ,That the Secretary request the co l~ c~ ~ rr.eof
r~the
c e &use
of ltleprescntatires therein.
Mu. Hill, from the Comruittec 011 the rJiidi(:iary,to whoin ~ v t referred
~s
the petition of Jonas 1. Levy, i~qmrtcld
A bill (S. 00) for his relief;
which was rcnd the first niicl second tinics and o r d c ~ to
~ ~hel placed
upon t h e Cilendar.
Mu. lhvih, from the Committcc on Clnini#, to w11o111 W ~ L R rcxfcrrcd
the niemorinl of W:dl~erh i d (
A joint resolution (S. 1.5)
which W:LS read thr first nn
upon the Ctilciidt~r.
Mr. Semmcs, froin the Committee on the. .J rtdicinry, .who were
instrnctcd hy rcsolutions of tho Srnatc to inqiii1.o into tlic huI)ject,
reported
A hill (S. 91) to authorize the suspension of the writ of fiabeas corpus;
whic.11 ivns rcnd the first niid
~ m dtinies nrid ordrrrd to bc plnccd
upon tlic CnlendtLr and printc
Mr. Brown (by 1ca.i.c) introduced
A biI1 (S.$12) rewarding tlic oflicc~wand crews of thc Confccteratc
Statcs s h i p Virgi nin, P:ttrick ITcnrj . J:~mestown, lkniifort, ltaleigh,
and Tcnzer;
which W ~ L rcnd
S
the first and second tinier i i n d rc-fcri-cdt o tlic Coinmittee on Ntwal Affairs.
Tlic Senate proceeded to consider thc resolution suhmitteil by Mr.
ScImrws, on yc\tcrd:iy, c:illing iipori tlic President of tltc ConfcdorcLtc
or the names of :dl tlishrsing of1icc.r: rcportcd 1 9 7 the Second
Auditor to the Comptrollcr :LS defa
Mr. Seiiiiiics having riiodilictl 111
nsertiiig after tlic mord
sntisfactor.y e x c u s ~for
dc faultcrs the words 7\hO h:1
their def:~ult,
The rcsoliitiori as niodificd was agreed to.
Mr. SptLrrow snbinitted the following i-csolution; whicbli was considercd and agreed to:
Resolred, That the Coiiirnittec on Jlilitary A ffairi: he in,structd to inquire if x ~ ~ n
(wary to guard npaitict tho fiautls coiiiinlttcd o t i tlw (~crrcrriuientin
tes, and I)xrticnlnrly if any pvrson who 11;~sor 111ayfurnish R si~bstitutc! shonltl be rcqnircd to gnaraiitcc t l l fidelity
~
of t IIC sul)~titute,ant1 l o be lirltl in
his plaw should said wbstitntr dcsc,rt.

The Senate rcsimed, as in Corriniittcc of tlic Whole, the considoration


of the bill (S. 62) to nuiend an act cntitlrd An act to c+scinptcc1rt:tin
persons from cnrollmcnt for service in t h c Army of the Confcdrr:ttc
Stntcs, nppro\~cd21st April, I S 6 2
*,.
1110qucstion heing o!i agreeing to thr nmcndmcnt proposcclhy Nr.
0 r r to the ninendnient proposed by A h . Scnitiich, vix: Po prdix thereto
the orci cis Persons exempted from Jr1ilitm.y clnty by ordinance of tbny
State convention, and,
Af tor debate,
Mr. Sparrolv demanded thc qiiedion; which wnx scconclc(2, and
The question being put,
Will the Senate agree to the :imcndmcnt!

310

JOURNAL O F THE

Wept. 20,1862.

It was determined in the affirmative.


So the amendment was agreed to.
On motion by Mr. Hill, to amend the amendment proposed to t h e
bill by Mr. Semmes, by adding thereto the words
and one person, either as owner or overseer on each plaiitatlon on which one B-hite
man is required to remain b y the laws of any State, and on whlch there is no male
adult not liable to do military service,

It was determined in the affirmative.


On motion hy Mr. Burnett, to amend the amendment proposed by
Mr. Semmes, by inserting after the word service, i n the aineiidmeiit

last agreed to, the words and all other persons who may be exempted
by the laws of the several States,
After debate,
Mr. Sparrow demanded the question; which was seconded, and
The question being put,
Will the Senate agrco to the amendment?
On motion hy Mr. Clark,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Rurnett, Clark, Hunter, Lewis, Maxwell, Oldhani, O n ,
Peyton, Yhelan, and Preston.
Those who voted i n the negative are,
Messrs. Clay, Davis, Dorteh, Haynes, Henry, Hill, Mitchel, Seinmex,
Sparrow, and Y ancey.
It appearing that the Senate were equally divided, the yeas being
10 and the nays 10,
The Scoretary, under the thirtieth rule of the Senate, took the decision of the President, who voted in the affirmative.
So the ninendrnent m:is agreed to.
On motion bv Mr. Scmims, t o ameiid his amendment hy inserting
fiftcr tlic wor~l(Stntcs,in tho :tmendment lad agreed to, the words
1icreiLftc.r e11:~ctcd.
Mr. ( k y dcniandetl the question; which was seconded, and
The qucstion bcing put,
Will the Scnntc agroc to tho amendment?
Yeas-_ _ _ _ _ _ _ - - _ _ . _
- _ _ _. 9
It was d(:teriiiined in the negative, Nays
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 10
On motion I)y Mr. Semnies,
The ye:~s: ~ n dm y s heing dcsired by one-fifth of the Senators present,
Those who voted in the :iffirm:itive are,
rs. l Z : ~ l ~ cClay,
~ ~ , Henry, Hill, Hunter, Mitchel, Seiumes, Sparrow, : L n d Y:Lllwy.
who votccl i n tlic negative are,
s. Ihimct& Clnrk, Ihvis, Dortch, Haynes, Lewis, Maxwell,
Oltlhrtni, Orr, and lreston.
I
so the iL1Y1cll(tlllcllt was rejcctcd.
lhc question l l ~ nr.euui.ring on the amendment proposed by Mr.
Scninics, as :tine nilcd,
On the question to t~grccthereto,
- - - - - - -. - - - - - - - - - - It was detorniincd in the iiegntive,
hays._ _ _ - - - - - . _ _ _ _ _ _ _ _ 12
On motion hy Mr. Ilurnett,
lh yets and ~ I ~ J being
S
desired by one-fifthof the senators present,
Those who voted in the affirmative are,

SENATE.

Sept. 20, 18@2.1

311

Messrs. Clarlc, IGlI, Lewis, Oldham, Orr, Semmes, Sparrow, and


Yancey.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clay, Davis, Dortch, Ilaynes, Henry, Hunter, &laxn7ell,Mitcliel, Peyton, and Yreston.
So the niiiendment as amended w a s rejected.
On motion by Mr. Davis, to amend the bill by inserting after the
word salt, in the fiftieth line, the words to the exteilt of twenty
bushels per day, and of,
It was determined in the a 6 r matIVC.
On motion by Mr. IIenry, to amend the bill I q r inserting, in line
50, nftcr the word iron, the words
and all pervonii engaged in burning coke for ore melting and manufacture of iron,
regular miners in coal mines, arid all colliers engaged in making cliarcoal for making
pig and bar iron,

Mr. Clay demanded the question; which

W:LR seconded, alld


The question being put,
It wtts determined in the n f i i m a t i ~ e .
So the nrnendtnent was agreed to.
On inotioii by Mr. Davis, to aniend the bill by inserting, in line
51, nftcr the word ser\ants, the words unless employed at works
conduetcd under the nuthority and b y the officers or agents of a State,
Tt W ~ Hdetcriniricd in the afirmative.
On inotion by M r . Hill, to amend the hill by inserting d t e r the word
State, i n the aniendnicnt last agreed to, the words

and one person, eillwr as owner or overseer, on cach plant~tionon wlucli onc white
person is required to b(1 kept by the laws nnd ordinances of any State, and on which
there is 110 wliitr male :itlnlt not liable to do military serTTicc,

Mr. 1131 dcimtnded the question; which was seconded, and


Thc question being put,
ens
- - - - - - * - - - - - - - .l- i t wvvIks dctelmincci in the aftirmrrtive, Nays
_ _ _
_ ___ __.._ _ _8_ _
On motion by Mi-. Clay,
The yess and nays being dwired by one-fifth of tho Scnxtors present,
Those who voted in the afirroati\ e nrc,
Mcssrs. (Jay, Henry, Hill, Lewis, Mitchcl, Oldlimt, Orr, Peyton,
Senirries, Sparrow, and Yanccy.
Those who voted in the negative :we,
Messr.s. 13nlrer, 13iimett, Clark, Davis, Ilortch, Ihynes, Maxwell,
and Preston.
So the nrnendiiieiit was agreed to.
On motion hy M r . EGll, to amend the Id1 by insorling after the
w0i.d 6 scryicc, in the amendmentt 1:tst n g ~ to,
d the ~ o r d ~
11 be satisfied, on accmnt of jiistice,

On motion by Mr. I-Iayneb, to :tinend the bill by thdding thereto the


following proviso:
Provided, That snch nmnbers of the militia of any State a8 have h e n called out
and mustered into the service of such State by the executive tllcreof, employed and
necessary to repel any actual intasion o f said Statc, shall also be exompteti: P ~ o v i d e d ,
That whenever s u c l ~
inn s11a11 have been repelled, or otherwise shall have ceased
to exist, the exemption hereby declared shall expire,
i n , n L

JOURNAL O F THX

It was determined in the affirmative,


On motion by Mr. Haynes,

[Sept. 20,180~.

Yeas. ._
- - - - _ -_ _ -

N~~~

__ -

____

_ _ - 15
-__

._

The yeas and nays being desired by one-fifth of the Senators present,
Thoso who voted in the affirmative are,
Messrs. Baker, Clark, Clay, Haynes, Henry, Hill, Lewis, AIaxmell,
Oldham, Orr, Peyton, Yreston, Senimes, Sparrow, and Pancey.
Those who voted in t he ne .ative are,
Messrs. Burnett and Dortc .
So the miendmcnt wa; ngrccd to.
On nlotion t)y Aqr. Sps1rrow, to amend the bill by inserting aftcr the
word Stater;, in the fifty-.-necondline, the following pro\-iso:

Provided, That the exenrptions herein above enumerated, and granted hereby,
shall ollly continue whilst thc persons euciiipted are actually engaged in their respective prsiiits or occupations,

It was determined in the affirmative.


On motion by Mr. Y:~ncey, 11sunanimous consent, to aiiiend the
bill by inserting >Lftpr tho word millers, wherever it occurs in the
bill, the words and their enginccrs,
It was dcteriiiined in thc nfhnative.
On motion by Mr. Lewis, to amend thc bill by adding thercto the
following independen t section :

SEC.2. And f)e i t f w t h c r . emctctl, That if, in the execution of thie Ian, any conflict
should arise between tho prnvisionri of this act and any State law, or ordinance of a
State convention, in regard to tlrc execution of this act, then the State l n w is to he
respected am1 to 1r:~vc the prcccdencr,

It w a s deterininccl in the negative.

On motion by M i - . L)ortch, to :~nlendthe bill by adding thereto th e


folloiving indcpcndcnt scotion :
SlW. 2. II,, it f w t h t r
sons froin ttiirollinc~iitf

April t\\enty-first, eigl

~ l That
,
thc act entitled An act to exempt certain perrvicc. i i i tliv arinies of tlic Confederate Statcs, approvrd
huntlrecl arid sisty-two, is hereby repealed,

It w a s deterniined in the affirmntivt.


No frirthci- :~nientltncnt being made, the ltill was reported to the
Smite arid tlic :uiiendinents made as in Committee of the Whole were
concurred in.
Ordewd, That the bill be engrossed and rend n third time.
The said bill W:LS rmil tho third time, and thc title was amended.
On motion by MI*.C h k , that the Senate adjourn,
It was deterniined in the negative.
Shall the bill now pass?
11, was (~i?tc,rniincrlin t1w aftinnative, Yeas-- - - - - - - 1
Nays _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3
On motion by Mr. O r r,
Thc XpiLs and n ~ y being
s
dcsircil by one-fifth of the Senators present,
Those who voted i n the affirmative are,
Messrs. 13alrer, Clay, Davis, IIaynes, Henry, Nili, Lemis, Maxwell,
Oldham, Om, Poyton, 110ston, Semmcs, Sparrow, Wigfall, and
Yancey.
Those who votcd in thc negative are,
Messrs. Burnctt, Clark, and Dortch.

-f

So it wm

Sept. 22, 1S62.1

313

SENATE.

Resohed, That this bill pass, and that the title thereof be An act
to exeiilpt certain persons from military duty, and t o repeal an act
entitled An act to exempt certain persons from enrollment for service
in the Rriiiy of the Coiifcdci*ateStntcs, approved twenty-first April,
eightec~nhitridrcd arid sixtv-two.
O . i & ~ d , T h t the Seci-etary request the concnrrence of the House
of Representatives thercin.
On motioii by Mr. Ilaynes,
The Sciitite acljonrncd imtil X1oiid:t-y morning :It 1%
oclocIc.

OIRN SESSION.

A messnge from the I-Ioase of ltci)rsciit:itivc.s, by Mr. McL)ondd:


dh. Ircsiilcnl: The JToiiw of 12(,picSeiitati\-c.s h a w pnsscd the follo\viiig bills and
joint rrsolution, ill v h i d l they reqiiwt t Ire cotr(*iirr(wwof tlie Srnatth:
I. 1L. 12. An act aiitlroi~i~ing
tlie
ctary of the Treasury to offer 8 rcwartl for
IS oiigagctl iii iorgiitg or ut lrring cfionntcrfeit

.ntitIccl h i act, providing for the appointment


of subidtwn, iii addition to the
,roved i2ngll~t3 1 , 1861 ;
1wwoiis to atliniiii4er oaths in certain cases;
filliirg 1x1 of (wrting coinl)atiiea, squadrons,
i (11 I al Ail i I y of the ((onf cltl(mt e St at w ;
ting of ~ u r l o n g to
l ~ \vomitlctl or sick soldiers;

of atljiitaiits of rcqiiiiciits and lcgioiw, of tlrc gr&

and
11. R 15. ,Joint resoltition of thwnks t o Maj. Ckm. Joliii Jiii~ilrlieailMagrudrr, and
the ofticc~rsantl 1 1 1 ~ ~ 1of1 tlie 1:itc Ariiiy o f the Iciiinsula.

MY.Y r ~ i i w1)iiiittcd
~~y
the following resolution; which W:LR considered
nntl t~grcrdto:
Krsol?vd, Tliat tlic Secretary of War be r r q u w t d to iiifortii the Senate if any and
tlic. rrsolution of the Rciiatc adopted
mhat ste[is 1i:ir.c bwn ta
wo, ralling upon Iiiin to furnish to the
sistcxhntli April, eightccii
ccl oliicw? i n the Rcrnlar arid IroviSenate, at this scssioil, st 1
Iiex cotiiiiiissioiis, an9 tlie States from
sional Artiiy, Ftatiiig their rank and
which they ~vcrestppoiritctl.

Mr. Yancey sul)niitt,ed the following rosolutioii; which IVRXconsidered


and agreed to:
R e s o J 7 ~ 4That the Iresitlent be
Sciiate b y t11e o p n i n g of tlrc iitxt
Rc~gnlaranti Irovisioiial N n r p , sho
sion, and tho Slates frorii which appoiitted.

to liarc prepared, nnti furnish to the


ist of tfic coiiiiiiissionetl oifirers of the
ank of each and date of thcir oominis-

Mr. I3m.nctt submitted the following resolution for consideration:


Resoltvtl (the I T I A Iqf~ I h y c
Congress, fixing tho tiitre at wlri
t c w l i t ~ :Lt
, t\yclvcx oclock nic.rit

ring), That tlic resolillion pafwed by

11 adjourn on tlic thirtietli d:iy ot Sep-

s m e is Iierchy, reucincld.

The Senate pi-ocecded to coiisidrr tho haid resolution; tmd


Aftcr dchate,
On ~iiotionby Mr. Orr,
Oyadered, That it lie on the tablo.
Mr. Yarlcey siibinitted the following resolution; which was considered and agreed to:
Resolved, That during the bnlanee of this session the Senate will assemble at eleven
ocl~cl;n. m. on each tiny.

314

JOURNAL OF THE

[sept. 22. 1862.

Mr. Dortch (by leave) introduced


A bill (S. 93) for the reorganization of the Navy;
which was read the first and second times and referred to the Committee on Naval Affairs.
Mr. Maxwell, from the Committee on Patents, reported
A bill (S. 94) to amend an act entitled An act to establish a patent
office, and to provide or the granting and issue of patents for new
and usef nl discoveries, inventions, improvements, and designs, )
a proved May 21, 1861;
w ich was read the first and sccond timcs and considered as in Committee of the Whole; and no amendment being made, it mas reported
to the Senate.
Ordered, That it be cngrossed and read a third time.
The said bill was read the third time.
Baohed, That it pass, arid that thc title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House
of Representatives thercin.
Mr. Sparrow, from the Committee on Military Affairs: who were
instructed by a resolution of the Senate to inquire into the subject,
reported
A bill (S. 95) in relation to substitutes;
which mas read the first and second t2imesand considered as in Committee of the Kholc; and having heen amended, on motion by Mr.
Orr, by striking out in lines 3 and 4, the words have heretofore, or,
and by striking out, in line 8, the words has, or, the bill was reported
to the Senate and the ariiendmcnt was concurred in.
Ordmxi!, That it bc cngrosscd and rcad a third time.
The said bill was retxd the third time.
RcsoLvctl, That it p s s , and that tho title thereof be as aforesaid.
Ordyed, That thc Secretary request the coricurrnnce of the House
ntatircs therein.
In by Mr. Preston,
Ordered, That the Committee on llililitary Affairs he dischargcd
from the furthcr consideration of tlie resolution inquiring into the
expediency of revoking any military ordor iriterferirig -with the transportation of seed whcnt on railroads.
The following bills and joint resolution this day communicated from
the T-Iouse of ltc wescntativcg for concurrence ~vercseverally read
the first and secon times and referred to the Conirnittce on Military
Aff airs:
H. fz. 13. An act to amend an act entitled An :wt providing for
the appointmrnt of adjutant,s of 1-egiments and legions, of the grade
of subaltern, in :iddition to the subdternr attachcd to companies,
ap roved August 31, 1861;
PI. It. 16. An act regulating the granting of furloughs t o wouuded
or sick so1diei.s; and
H. R. 15. Joint resolution of thanks to Maj. Gcn. .John Rankhcad
MtLgruder, and the ofticers and inen of the late Army of the Peninsula.
T h e bill (1I. It. 12) authorizing tho Secretary of the Treasury t o offcr
a reward for the appwhonsion and conviction of pcrsons engaged in
forging 0s uttering counterfeit Confedcrate Trcasury notes, communiciitcd this day f o i *c o n c ~ i ~ ~from
~ ~ ~ ~the
e c Ilonse
!
of Ilepresentatjves,
was road thc first and second times and referred to the Committee on
Finance.

s.

Sept. 22, 1862.1

31 5

SENATB.

The bill (H. R. 1 4 ) to empower certain persons to administer oaths


in certain cases, communicated this day from the House of Itcpresentatives for concurrence, wts read the first and second tiiiies and referred
to the Gommittce on the Judiciary.
The hill (H. 12. 15)to pio\ ide for the filling up of existing companies,
squadrons, battalions, and regiment.; of tlie Provisional Arniy of the
Confederate States, coiiimunicated this day froin the Ho~lseof Reprehcntatives f o r concurreiicc, was read the first and second times and
referred to the Committee o n Military Aihirs, with instructions to
report thcrcon, to-riiorivw, at 12 ocloc1c.
On motion by Mr. Spnrrow,
Otd-.rcd, That it be printed.
Mr. Siinms, irorn t h e special committee appointed to investigate the
coinplaints ni& by the sick a i d moundcd in the Ariuy of tlie ConSedcrate Stntcs of innttcrition i ~ i i i lneglcct on the part of the medical officers, subinittcd a report (No. 4), accompanied 1)yti, bill (6. YG), t o better
provide for the sick and wounded of thn army i n Iiospitalx; which was
read the first and second times: and ordered to bo placed upon the
Cslenclar.
On iiiotion by Mr. Si1niiis,
O r d w e d , That tho hill and repoi-t b c printed.
On motion by Mr. L7IIllIlIS,
Odmcd, That the coiiimittcc h:iw lcnvc to sit again.
On iiiotion by Mr. Y t i i i ( ~ y ,
Lhc Senate proceedcd, 8 s in Coluniitteo of tho Wholc, to tiic consideration of the hill (S.75) to i.cgnlat~:thc nomination and :q>pointment
of brig:idirr-gcner:llH.
On motion by Mr. Yaiiccy,t o amend tho bill by striking out all after
the enacting clause :diriscrting:

That the act crenting tlic oflice of brigatlicr-geticral bc, and the ~nnieis hereby,
ainentled by tlic addition of tlir followiiig c.lausc: llixt tlic troops wliicli have been,
or i i i x y 1x3 raisetl or c~iirolletf in any Stntc., shall be divided and organiwd into
brigades, :~ii(lt l i c w shall Iw crcatc,tl as iiiaiiv I)rigit(ficr-gc.iicr~lsfor the troops of each
State as it has I)] i g d e s in the f i c ~ l t l ,ant1 a brigatfii.r-golcra1 ~ h : ~ lh l a appointed for
each of saicl Itrigadri, and 110 onc s h d l be qiidiliett to J i l l or exercise the oflice of
brigadiergenerill for thci troops of any Stat(%,
u i i l e ~ at
s tile t i i w of his appointincvit he
sliall 1)c a vitizcn of tlir Contc.cterate States, ancl of tlic State in which the troops of
his brigade shall ha\c been raired,

After debate,
MI-. Yanccy dcrnnndcd tlic q ~ m t i o n which
;
The question being put,
Will the Sen:ttc, agmc to tllc anwndnlcnt?

WH

Ye:lS-.

socotidcd, mid

- _ - - - - - __ - _ - - . - -- - 5

It was dctc~~lnined
in tho ncgtLtivc, Nays
-- . _14
On motion by Mr. Yancey,
The yeas ;Lnd nays 1)cing dcsired 1)y one-fifth of thc Srnators present,
Those who voted it1 the ttftirnuitivc ILIY,
Messrs. Clark, IIayncr, Oldlittin, Swiines, and Y:i,nccy.
Thohe who voted in tlic nwative arc,
Messrs. 13aker, Ijurnett, CTay, Dnvis, Ileriry, ITi11, Ilullter, Lowis,
Maxwell, Orr, Phelan, Preston, Sparrow, and %Tjgf:ill.
So t h o amendment WRS rejected.
No arnendrnent T)eing made, the hill W:LS repo~*ted
to the Senate.
&Y&&,
That it be cngrosqed and read :I third time.
The said bill was red the third time.

316

JOURNAL OF THE

[Sept. 23,1862.

On the question,
Shall the bill now pass?

It was determined in the negative,

{ Yeas
N~~~

..._ _

-__ ____ __ __ 3
_ _ - - _ _ _ _ _ _ 15

_ - ._
-

__ __ __

On motion by Mr. Yancey,


e yeas and nays being desired by one-tifth of the Senators present,
se who voted in the affirmativc are,
ssrs. Clark, Lewis, and Yancey.
Those who voted in thc negative are,
Messrs. Raker, Burnett, Clay, Davis, lIaynes, IIenry, Hill, IIutzter.
Maxwell, Orr, Phelnn, Preston, Senlnlrs, Sprrolv, arid Jligfall.
So it was
ResoZwed, That this bill do not pass.
On motion by Mr. Maxndl,
The Senate adjourned until to-niorrow morning at 11 O C ~ O C ~ .

OPEN SESSION.