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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --WEDNESDAY, February 10, 1864.
OPEN SESSION.
A message from the House of RepresentatiVes, by Mr. Dalton:
Mr. President: The President of the Confederate States has notified the House of Representatives that on the 6th instant he approved and signed the following acts and joint resolutions:
That on the 8th instant he approved and signed the following joint resolutions:
And that on the 9th instant he approved and signed a joint resolution (H. R. 22) of thanks to Maj. Gen. Patrick R. Cleburne and the officers and men under his command for distinguished services at Ringgold Gap, in the State of Georgia, November 27, 1863.
The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 109) to increase the compensation of certain officers of the Treasury, reported it with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 95) for the relief of taxpayers in certain cases, reported it with an amendment.
The Senate proceeded, as in Committe of the Whole, to the consideration of the the bill last mentioned; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.
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Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
Mr. Sparrow, from the Committee on Military Affairs, reported
A bill (S. 224) to promote the efficiency of the cavalry of the Provisional Army, and to punish lawlessness and irregularities of any portion thereof;
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Clark, that it be recommitted to the Committee on Military Affairs,
It was determined in the negative.
On motion by Mr. Caperton, to amend the bill by inserting after "rangers," section 3, line 4, "serving as cavalry,"
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
On the question,
Shall the bill now pass?
On motion by Mr. Clark,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Caperton, Clay, Dortch, Henry, Hill, Hunter, Johnson of Georgia, Johnson of Arkansas, Maxwell, Mitchel, Reade, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Clark and Oldham.
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 House of Representatives therein.
On motion by Mr. Burnett,
Ordered, That the Committee on Claims be discharged from the further consideration of the following memorials:
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
A bill (S. 159) to authorize the appointment of an agent of the Post-Office Department, and such clerks as may be necessary, to carry on the postal service in the States west of the Mississippi River.
The President pro tempore having signed the enrolled bill lastreported to have been examined, it was delivered to the Secretary of
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the Senate and by him forthwith presented to the President of the Confederate States for his approval.
The Senate proceeded to consider their first, fourth, and fifth amendments to the bill (H. R. 75) to amend an act to regulate impressments, approved March 26, 1863, and to repeal an act amendatory thereof, approved April 27, 1863, disagreed to by the House of Representatives; and
On motion by Mr. Hill,
Resolved, That the Senate insist on their amendments disagreed to by the House of Representatives and ask a conference on the disagreeing votes of the two Houses on said bill.
On motion by Mr. Hill,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Hill, Mr. Henry, and Mr. Jemison were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Hill,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a bill and joint resolution of the following titles; in which they request the concurrence of the Senate:
The Speaker of the House of Representatives having signed sundry enrolled bills and an enrolled joint resolution, I am directed to bring them to the Senate for the signature of their President.
Mr. Oldham (by leave) introduced
A bill (S. 225) to amend an act entitled "An act to change the time for the assembling of Congress for its next regular session," approved February 6, 1864;
which was read the first and second times and ordered to be placed upon the Calendar.
The following bill and joint resolution received this day from the House of Representatives for concurrence were severally read the first and second times:
Ordered, That they be referred to the Committee on Military Affairs.
On motion by Mr. Semmes,
Ordered, That the President pro tempore appoint a member on the Committee on Finance to serve during the absence of the Hon. Robert W. Barnwell; and
Mr. Jemison was appointed.
On motion by Mr. Johnson of Arkansas,
The Senate adjourned.
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SECRET SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 194) to organize bodies for the capture and destruction of the enemy's property, by land or sea, and to authorize compensation for the same, with an amendment; in which they request the concurrence of the Senate.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 194) last mentioned; and
On motion by Mr. Sparrow,
Ordered, That it lie upon the table.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the joint resolution (H. R. 32) in reference to the exchange of prisoners, reported it with the recommendation that it ought not to pass.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the joint resolution (S. 24) in relation to the exchange of prisoners, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution last mentioned; and
On motion by Mr. Semmes, that the resolution lie upon the table,
On motion by Mr. Oldham,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Caperton, Dortch, Hill, Hunter, Jemison, Johnson of Georgia, Mitchel, Phelan, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clark, Clay, Henry, Johnson of Missouri, Maxwell, Oldham, Simms, Sparrow, and Wigfall.
On motion by Mr. Semmes, that the further consideration of the resolution be postponed until to-morrow,
It was determined in the negative.
The reported amendments having been agreed to, the resolution was reported to the Senate and the amendments were concurred in.
Ordered, That the resolution be engrossed and read a third time.
The said resolution 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 32) in reference to the exchange of prisoners; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed indefinitely.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases.
On motion by Mr. Johnson of Arkansas, to reconsider the vote on agreeing to the following amendment, viz: After "service," section 1, line 20, insert "by any other than lawful means,"
It was determined in the affirmative.
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The Senate proceeded to consider the said amendment; and
On the question to agree thereto,
On motion by Mr. Johnson of Georgia,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Caperton, Dortch, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, and Reade.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Henry, Johnson of Arkansas, Johnson of Missouri, Phelan, Simms, Sparrow, and Wigfall.
Mr. Mitchel was, on his motion, excused from voting.
On motion by Mr. Caperton, to amend the bill by inserting after "desertions," section 1, line 19, "or encouraging desertions,"
It was determined in the affirmative.
On motion by Mr. Caperton, to amend the bill by striking out the words "and of attempts to avoid military service," section 1, lines 19 and 20,
On motion by Mr. Johnson of Arkansas, to amend the words proposed to be stricken out by adding thereto the following proviso, viz:
Provided, That in cases of palpable wrong and oppression by any subordinate officer upon any party who does not legally owe military service, his superior officer shall grant prompt relief to the oppressed party, and the subordinate shall be dismissed from office,
A question was rained by Mr. Oldham whether the amendment was in order.
Whereupon,
The President pro tempore, under the sixth rule of the Senate, took the sense of the Senate thereon; and
On the question,
Is the amendment in order?
It was determined in the affirmative.
So it was decided by the Senate that the amendment proposed by Mr. Johnson of Arkansas was in order; and
On the question to agree thereto,
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Caperton,
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Caperton, Dortch, Hill, Hunter, Jemison, Johnson of Georgia, Maxwell, Oldham, Orr, Reade, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Henry, Johnson of Arkansas, Johnson of Missouri, Mitchel, Phelan, Simms, Sparrow, and Wigfall.
The hour of half past 3 o'clock having arrived,
The Senate took a recess until 7 o'clock p. m.
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7 O'LOCK P. M.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have agreed to the amendments of the Senate to the bill (H. R. 92) to tax, fund, and limit the currency, with amendments; in which they request the concurrence of the Senate.
On motion by Mr. Orr, that a message be sent to the House of Representatives requesting the return to the Senate of the joint resolution (S. 24) in relation to the exchange of prisoners,
It was determined in the negative.
The Senate proceeded to consider the amendments of the House of Representatives to their amendments to the bill (H. R. 92) to tax, fund, and limit the currency; and
Ordered, That they be referred to the Committee on Finance.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases.
On motion by Mr. Johnson of Georgia, to amend the bill by striking out the words; "and other offenses against the laws of the Confederate States, enacted to promote their success in the war," section 1, lines 25, 26, and 27,
It was determined in the negative.
On motion by Mr. Semmes, to amend the bill by inserting after "conspiracies," section 1, line 28, "or,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting after "conspiracies," section 1, line 30, "or," and by striking out "and," in the same line, and inserting "or,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting after the thirty-second line of the first section the following clause:
Of unlawful burning destroying or injuring or attempting to burn, destroy, or injure, any bridge or railroad, or telegraphic line of communication, or other property, with the intent of aiding the enemy,
It was determined in the affirmative.
On motion by Mr. Caperton, to amend the bill by inserting after "others," section l, line 31, "to abandon the Confederate cause, or,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting after the thirty-second line of the first section the following clause:
Of treasonable designs to impair the military power of the Government by destroying or attempting to destroy the vessels, or arms, or munitions of war, or arsenals, foundries, workshops, or other property of the Confederate States,
It was determined in the affirmative.
On motion by Mr. Oldham, to amend the bill by inserting at the end of the second section
And the President shall submit to Congress, at its next session, the names of all persons who may be arrested under the provisions of this act, with the cause of their arrest, and a statement of the facts winch induced the same in each case,
On motion by Mr. Oldham,
The yeas and nays being desired by one-fifth of the Senators present,
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Those who voted in the affirmative are,
Messrs. Oldham, Orr, and Reade.
Those who voted in the negative are,
Messrs. Baker, Burnett, Caperton, Clark. Clay, Dortch, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, Semmes, Simms, Sparrow, and Wigfall.
On motion by Mr. Semmes, to amend the bill by inserting the following independent section:
It was determined in the affirmative.
On motion by Mr. Dortch, to amend the bill by striking out "sixty," section 3, line 1, and inserting "ninety,"
It was determined in the affirmative.
On motion by Mr. Clark, to amend the bill by prefixing thereto the following preamble:
Whereas the Constitution of the Confederate States of America provides, in article one, section nine, paragraph three, that "the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it;" and
Whereas the power of suspending the privilege of said writ, as recognized in said article one, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and
Whereas in the opinion of Congress the public safety requires the suspension of said writ in the existing case of the invasion of these States by the armies of the United States, and the continuance of such suspension until the said invasion stroll cease, or Congress shall otherwise direct: Now, therefore,
On motion by Mr. Semmes, to amend the proposed preamble by striking therefrom the words "and the continuance of such suspension until the said invasion shall cease, or Congress shall otherwise direct,"
It was determined in the affirmative.
On motion by Mr. Wigfall, to amend the proposed preamble by inserting after "United States" the words
and whereas the President has asked for the suspension of the writ of habeas corpus and informed Congress of conditions of public danger which render the suspension of the writ a measure proper for the public defense against invasion and insurrection,
It was determined in the affirmative.
On the question to agree to the preamble proposed by Mr. Clark, as amended,
It was determined in the affirmative.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.
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