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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 --FORTY-FIRST DAY--SATURDAY, October 4, 1862.
OPEN SESSION.
The House met pursuant to adjournment.
The Chair presented a communication from the President; which is as follows, to wit:
Richmond, Va., October 3, 1862.
I herewith transmit a communication from the Attorney-General, submitting certain estimates.
I recommend all appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
which was read and, with its accompanying documents, was referred to the Committee on Ways and Means.
The Chair also laid before the House a communication from the President; which is as follows, to wit:
Richmond, Va., October 3, 1862.
I herewith transmit a communication from the Secretary of War, submitting "the estimate of the Commissary-General for the month of January, 1863."
I recommend an appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
which was read and, with its accompanying documents, was referred to the Committee on Ways and Means.
The rules being suspended, Mr. Chambers, from the Committee on Military Affairs, reported
A bill to provide shoes for the Army;
which was read the first and second times, the rules were suspended, the bill was taken up, engrossed, read a third time, and passed.
Mr. Hilton, from the Committee on Military Affairs, to whom was referred a bill of the Senate entitled "An act to amend an act entitled 'An act to further provide for the public defense,' approved sixteenth April, eighteen hundred and sixty-two," reported the same back, with the recommendation that it pass with an amendment.
The rules were suspended, and the bill was taken up for consideration, and having been read as follows, to wit:
The Congress of the Confederate States of America do enact, That all white men who are residents of the Confederate States, between the ages of eighteen and thirty-five years, and who have not already been enrolled, shall be immediately enrolled under instructions heretofore, or which may hereafter be given by the Secretary of War, and reported by the enrolling officers wherever found, whether within the State or county of their residence or not; and such persons when so enrolled shall be included within the provisions of the above-recited act as fully as if enrolled raider that act within the States of which they may be residents: Provided, That this act shall not extend to any member of a military organization under any State law while he remains in actual service without the limits of the State of which he is a citizen: Provided further, That the President is authorized to suspend the execution of this act, or the act to which this is an amendment, or any special provision or provisions of said acts, in any locality where he believes such suspension will promote the public interest.
The committee moved to amend by striking out all of the same after the enacting clause and inserting in lieu thereof the following, to wit:
That all persons subject to enrollment for military service may be enrolled under instructions from the War Department, and reported by the enrolling officer wherever
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found, whether within the State or county of their residence or note; and when so enrolled shall be subject to the provisions of law as fully as if enrolled within the county and State of which they may be residents: Provided, That this act shall not extend to any member of a military organization under any State law while he remains in actual service without the limits of his State: And provided further, That the President is authorized to suspend the execution of this act as regards the residents of any locality where he may find it impracticable to execute the act entitled "An act to further provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, and the act to amend the last-mentioned act, approved September twenty-seventh, eighteen hundred and sixty-two.
The amendment was agreed to.
The bill was then read a third time and passed, and on motion of Mr. Hilton, the title of the same was amended by striking out all of the same and inserting in lieu thereof the following:
A bill to provide for the enrollment of persons subject to military duty without the limits of the States of their residence.
Mr. Gartrell, from the Committee on the Judiciary, to whom was referred a bill of the Senate to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts, reported the same back, with the recommendation that it pass with an amendment.
The rules were suspended, and the bill was taken up, and the first section of the bill having been read as follows, viz:
The Congress of the Confederate States of America do enact, That courts shall be organized to be known as military courts, one to attend each army corps in the field under the direction of the President. Each court shall consist of three members, two of whom shall constitute a quorum, and each member shall be entitled to the rank and pay of a colonel of cavalry, shall be appointed by the President, by and with the advice of the Senate, and shall hold his office during the war, unless the court shall be sooner abolished by Congress. For each court there shall be one judge-advocate, to be appointed by the President, by and with the advice and consent of the Senate, with the rank and pay of a captain of cavalry, whose duties shall be as prescribed by the Rules and Articles of War, except as enlarged or modified by the purposes and provisions of this act, and who shall also hold his office during the war, unless the court shall be sooner abolished by the Congress.
The committee moved to amend the same as follows, to wit: Add to the first section the words
and in case of the absence or disability of the judge-advocate, upon the application of the court, the commander of the army corps to which such court is attached may appoint an officer to perform the duties of judge-advocate during such absence or disability or until the vacancy, if any, shall be filled by the President.
Mr. Russell moved to amend the amendment of the committee by inserting after the word "appoint" the words "or detail;" which was agreed to, and the amendment as amended was agreed to.
Mr. Pugh, from the committee of conference on the disagreeing votes of the two Houses on Senate bill No. 62, to exempt certain persons from military duty, and to repeal an act entitled "An act to exempt certain persons from enrollment for service in the Army of the Confederate States," approved 21st April, 1862, reported that after full and free conference the committee have agreed to recommend and do recommend to their respective Houses:
That the Senate concur in the following amendments of the House: Nos. 1, 3, 4, 7, 8, 9, 10, 14, 15, 17, 18, 20, 21, and 23.
That the House recede from the following amendment: No. 13.
That the Senate concur in the following amendments of the House with amendments:
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clerks in their offices as are allowed by the Postmaster-General and now employed, and excluding all other postmasters, their assistants, and clerks."
That the House concur in the amendments to the amendments of the House Nos. 2, 5, 6, 11, 12, 16, 19, 22, 24, 25, 26, and 27.
Respectfully submitted.
Managers on the part of the Hou
Managers on the part of the Senate.
Mr. Perkins, by consent, from the minority of the same committee, reported as follows, to wit:
The undersigned regrets to be obliged to dissent from the report of the majority of the committee.
J. PERKINS.
Mr. Pugh called for the question on agreeing to the report of the committee; which was seconded.
Mr. Kenan of Georgia demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Baldwin, Batson, Boteler, Boyce, Eli M. Bruce, Chambers, Clapp, Clark, Collier, Conrad, Cooke, Dargan, De Jarnette, Dupré, Farrow, Freeman, Garland, Garnett, Goode, Graham, Gray, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, McDowell,
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McRae, Miles, Pugh, Royston, Russell, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.
Nays: Ashe, Ayer, Bonham, Bridgers, Chilton, Clopton, Curry, Foote, Foster, Gardenhire, Gartrell, Hanly, Herbert, Kenan of Georgia, Kenan of North Carolina, Kenner Lander, Marshall, McQueen, Menees, Perkins, Ralls, Smith of Alabama, Smith of North Carolina, Swan, Tibbs, Trippe, Vest, and Welsh.
So the report was agreed to.
A message was received from the Senate; which is as follows, to wit:
Mr. Speaker: The Senate have concurred in the amendments proposed by the House to the bill (S. 97) entitled "An act to provide for the organization of army corps."
The Senate have passed, with amendments, a bill of this House (H. R. 30) entitled "An act to establish certain post-routes therein named;"
In which amendments I am directed to ask the concurrence of this House.
Mr. Pugh moved that 1,000 copies of the act to provide for the filling up of existing companies, squadrons, battalions, and regiments of the Provisional Army of the Confederate States, approved September 27, 1862, and 1,000 copies of a bill to exempt certain persons from military duty, and to repeal an act entitled "An act to exempt certain persons from enrollment for service in the Army of the Confederate States," approved the 21st of April, 1862, and 1,000 copies of an act to further provide for the public defense, approved April 16, 1862, [be printed] for the use of the House.
On motion of Mr. Pugh, the rule requiring the motion to go to the Committee on Printing was suspended, and the motion was agreed to.
On motion of Mr. Foote, the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Swan, from the Committee on Military Affairs, to whom was referred a bill of the Senate to authorize the President to accept and place in the service certain regiments and battalions heretofore raised, reported the same back, with the recommendation that it pass with amendments.
The rules were suspended and the bill was taken up.
Mr. Swan, from the committee, moved to amend the same by striking out the word "rinsed," wherever it occurred, and inserting in lieu thereof the word "organized."
Mr. Garnett called the question; which was ordered, and the amendment was agreed to.
Mr. Tibbs moved to reconsider the vote agreeing to the amendment.
Upon which Mr. Heiskell demanded the question.
The question was ordered, and the motion to reconsider was lost.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have adopted a resolution extending the adjournment of Congress to Monday, the 13th of October, at 12 o'clock m.
On motion of Mr. Curry, the rules were suspended, and the House took up for consideration the resolution of adjournment reported from the Senate.
Mr. Garnett moved to amend by striking out the words "Monday, the thirteenth," and inserting in lieu thereof the words "Thursday, the ninth."
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Mr. Curry demanded the previous question; which was ordered, and the question being on agreeing to the amendment,
Mr. Hilton called for the yeas and nays;
Which were ordered,
Yeas: Atkins, Batson, Bonham, Clapp, Clark, Collier, Freeman, Gardenhire, Garland, Garnett, Gartrell, Hanly, Herbert, Kenan of Georgia, Kenan of North Carolina, Lander, Marshall, McDowell, Royston, Smith of Alabama, Smith of North Carolina, Swan, Tibbs, Trippe, and Wright of Tennessee.
Nays: Ashe, Ayer, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Eli M. Bruce, Chambers, Chilton, Clopton, Conrad, Conrow, Cooke, Currin, Curry, Dargan, Dawkins, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Gentry, Goode, Graham, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Jones, Kenner, McQueen, McRae, Miles, Perkins, Pugh, Ralls, Russell, Sexton, Vest, Welsh, Wilcox, and Mr. Speaker.
So the amendment was lost.
The question recurring on agreeing to the resolution,
Mr. Royston demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Baldwin, Barksdale, Batson, Bonham, Boteler, Boyce, Bridgers, Eli M. Bruce, Chambers, Chilton, Clapp, Clopton, Collier, Conrad, Conrow, Cooke, Currin, Curry, Dargan, Dawkins, De Jarnette, Farrow, Foote, Foster, Garnett, Gentry, Goode, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lander, Marshall, McQueen, McRae, Miles, Perkins, Pugh, Ralls, Russell, Sexton, Tibbs, Vest, Welsh, Wilcox, and Mr. Speaker.
Nays: Atkins, Clark, Dupré, Freeman, Gardenhire, Garland, Gartrell, Herbert, McDowell, Royston, Smith of Alabama, Smith of North Carolina, Swan, Trippe, and Wright of Tennessee.
So the resolution was adopted.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
They have also passed, with amendments, the following bills of this House, viz:
In which I am directed to ask the concurrence of this House.
They have also passed the following bills of this House, viz:
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Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker
A bill to be entitled "An act to authorize the judges of district courts to change the place of holding court in certain cases;"
Also, a bill to be entitled "An act to reorganize and promote the efficiency of the Medical Department of the Provisional Army;"
Also, a bill to be entitled "An act to amend an act for the establishment and organization of the Provisional Army of the Confederate States of America, approved March sixth, eighteen hundred and sixty-one;"
Also, a bill to be entitled "An act to authorize the Postmaster-General to employ special agents to superintend and secure the certain and speedy transportation of the mails across the Mississippi River in the Confederate States;" and
Also, an act to provide for the organization of army corps.
And the Speaker signed the same.
The House then proceeded to the consideration of the special order of business, which was a bill to raise revenue.
Mr. Miles moved that the consideration of the same be postponed.
Pending which,
On motion of Mr. Jones,
The House adjourned until 11 o'clock to-morrow [Monday].
SECRET SESSION.
The House being in secret session,
Mr. Perkins, from the Committee on Foreign Affairs, made the following report; which was read and laid on the table, and is as follows, to wit:
The Committee on Foreign Affairs, to whom was referred the special message of the President touching the suggested mission to Brazil and other South American States, have had the same under consideration and report:
They acquiesce in the view of his constitutional power expressed by the President and beg leave to say, that in offering the resolutions referred to in his message they had no intention of trenching upon the President's powers, but deeply impressed from information before them with the importance of negotiating for the opening of diplomatic intercourse with Brazil and other South American States, they deputed one of their number to confer unreservedly with the President on the subject and at the same time adopted a resolution requesting of him an estimate of the expense of such a mission, leaving it to his judgment to decide whether an appropriation should be recommended or not.
The President having furnished a statement of the expense of such a mission, and accompanied it with the assurance that there are at his disposal funds sufficient for all the purposes suggested in the resolution, your committee ask to be discharged from further action on the matter.
Mr. Chambers, from the Committee on Enrollment, reported as correctly engrossed and enrolled
A bill to appropriate money for the purchase, arming, and equipping of vessels abroad.
And the Speaker signed the same.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
The Senate have passed a bill of the House of the following title, viz:
An act making appropriations for the defense of Western and Southern rivers.
Mr. Foote, from the Committee on Foreign Affairs, to whom was recommitted
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A bill to be entitled "An act to amend an act recognizing the existence of war between the United States and the Confederate States," reported the same back, with the recommendation that it pass with sundry amendments.
And the question being upon agreeing to the first amendment offered by the committee; which is as follows, to wit: Add at end of the bill the following words, to wit:
Provided, That the name of the vessel shall appear in the letter of marque so soon as the same shall be taken possession of,
Mr. E. M. Bruce moved to amend the amendment by adding thereto the words "as a privateer."
The amendment to the amendment was agreed to.
Mr. Conrad moved to amend by adding after the word "privateer" the words "and before proceeding to take prizes."
Mr. Gray called the previous question; which was ordered, and the amendment was agreed to.
And the question being upon agreeing to the second amendment of the committee, which was to strike out the second section of the bill,
The same was agreed to, and the bill as amended was engrossed, read a third time, and passed.
On motion of Mr. Garnett, the injunction of secrecy was removed from the action of the House in relation to the defenses around Richmond and the proceedings growing out of the same.
Mr. Conrad, from the Committee on Naval Affairs, to whom was referred estimates for building twelve gunboats on the Tennessee and Cumberland rivers, reported that the committee had nothing before them upon which to base action, and asked to be discharged from the further consideration of the same.
Mr. Foote offered the following resolution:
Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of bringing in a bill authorizing and directing the construction of twelve gunboats for the defense of the Tennessee and Cumberland rivers.
On motion of Mr. Foster, the House proceeded to the consideration of
A bill to be entitled "An act to authorize Primus Emerson and Edward Haven, jr., and others to fit out vessels to operate against the enemy."
And the question being on the engrossment of the same,
Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Batson Boteler, Chambers, Clapp, Clopton, Conrow, Currin, Curry, Dawkins, Dupré, Farrow, Foster, Freeman, Garnett, Gentry, Goode, Graham, Gray, Harris, Hartridge, Herbert, Hilton, Holcombe, Kenan of Georgia, Kenner, Lander, McRae, Menees, Miles, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Swan, Trippe, Vest, and Welsh.
Nays: Ashe, Baldwin, Bonham, Chilton, Clark, Collier, Conrad, De Jarnette, Gartrell, Hanly, Holt, Johnston, Jones, McDowell, McQueen, Smith of North Carolina, Wilcox, and Mr. Speaker.
So the bill was engrossed, read a third time, and passed.
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Mr. Clopton, from the Committee on Naval Affairs, reported and recommended the passage of
A bill authorizing the building of certain vessels of war;
which was read first and second times;
When,
Mr. Swan moved that the House do resolve itself into open session.
The motion was lost, and the bill was engrossed, read a third time, and passed.
Mr. Tibbs, from the Committee on Enrollment, reported as correctly engrossed and enrolled
A bill making appropriations for Western and Southern rivers.
And the Speaker signed the same.
And on motion of Mr. Foote,
The House resolved itself into open session.
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