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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-THIRD DAY--TUESDAY, October 7, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FORTY-THIRD DAY--TUESDAY, October 7, 1862.

OPEN SESSION.

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

The Chair laid before the House a communication from the President; which is as follows, to wit:

Richmond, Va:, October 6, 1862.

I herewith transmit for your consideration a communication from the Postmaster-General, submitting certain estimates.

I recommend an appropriation of the amount for the purposes specified.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

The Chair also presented a communication from the President; which is as follows, to wit:

To the House of Representatives of the Confederate States of America:

I return herewith without my approval an act which originated in your body entitled "An act for the establishment and organization of the Provisional Army of the Confederate States of America," approved March 6, 1861.

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The act requires revision as an error exists in the title, there being no such act on the statute book as that recited in the title.

There is also an inconsistency between the first and second sections, which is probably the result of inadvertence or haste.

The first section seems to refer to the Permanent Army, and the second to the Provisional Army.

I therefore return the act for such action as you may deem proper to take in relation to the errors above mentioned.

JEFFERSON DAVIS.

Executive Office,
Richmond, October 6, 1862.

Mr. Jones moved that the message and accompanying bill be referred to the Committee on Military Affairs, which was agreed to.

On motion of Mr. Jones, the vote referring the message and bill to the Committee on Military Affairs was reconsidered, and Mr. Jones moved that the House reconsider the vote by which the bill was passed.

The motion prevailed, and the question being,

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

The yeas and nays were recorded as follows, to wit:

It was decided in the negative,
• Yeas ... 1
• Nays ... 61

Yeas: Dargan.

Nays: Ashe, Atkins, Ayer, Baldwin, Barksdale, Batson, Bonham, Boteler, Boyce, Chambers, Chambliss, Chilton, Clapp, Clark, Clopton, Collier, Currin, Curry, Dawkins, De Jarnette, Dupré, Elliott, Farrow, Freeman, Gardenhire, Garland, Gartrell, Gentry, Goode, Hanly, Harris, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Marshall, McRae, McQueen, Menees, Miles, Pugh, Ralls, Royston, Russell, Smith of Alabama, Smith of North Carolina, Swan, Tibbs, Trippe, Welsh, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.

So the bill was lost.

On motion of Mr. Kenner, the Committee on Ways and Means were authorized to report at any time during the session.

Mr. Miles moved a suspension of the rules to allow him to report a bill.

The motion was lost.

Mr. Foote moved that the rules be suspended to allow Mr. Boteler to introduce a memorial.

The motion was lost.

On motion, leave of absence was granted Mr. E. M. Bruce for the remainder of the session.

The House then proceeded to the consideration of the unfinished business of yesterday, which was a bill to authorize the President to accept and place in the service certain regiments and battalions heretofore raised.

The question being on the motion to reconsider the vote by which the amendment to the proviso of the bill was agreed to,

Mr. Tibbs demanded the yeas and nays;

Which were ordered,

And recorded as follows, to wit:
• Yeas ... 23
• Nays ... 39

Yeas: Ashe, Atkins, Baldwin, Clark, Collier, Foote, Freeman, Gardenhire,

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Garland, Hanly, Herbert, Marshall, McDowell, Menees, Perkins, Ralls, Royston, Smith of Alabama, Smith of North Carolina, Tibbs, Welsh, Wilcox, and Wright of Tennessee.

Nays: Ayer, Barksdale, Batson, Bonham, Boteler, Boyce, Bridgers, Chambers, Chambliss, Chilton, Clapp, Clopton, Conrad, Currin, Curry, Dawkins, Dupré, Elliott, Farrow, Gartrell, Gentry, Goode, Harris, Hartridge, Hilton, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Lander, McRae, McQueen, Miles, Pugh, Russell, Swan, Wright of Texas, and Mr. Speaker.

So the motion to reconsider was lost.

Mr. Atkins moved to amend the bill by adding at the end thereof the following, to wit:

Be it further enacted, That all companies, battalions, and regiments of infantry, raised or organized before the first day of December next, within the limits of middle and west Tennessee, shall be accepted by the President, and said troops shall be allowed to elect their own officers for the first election, after which all vacancies shall be filled by the President under the act, and the act amendatory of the same, providing for the public defense, approved April sixteenth, eighteen hundred and sixty-two.

The hour for the special order having arrived, on motion of Mr. Atkins, the consideration of the same was postponed until after the disposal of the pending bill.

Mr. Smith of North Carolina moved to amend the amendment by adding thereto the words
and also such counties in North Carolina lying east of the line of the Wilmington and Weldon Railroad as are beyond the lines of the Army and exposed to the incursions of the enemy.

Mr. Smith of North Carolina demanded the previous question; which was ordered, and the amendment to the amendment was agreed to.

The question then recurring on the amendment as amended, the same was agreed to.

The bill was then read a third time.

Mr. Tibbs moved that the House reconsider the vote by which the bill was ordered to be read a third time.

On motion of Mr. Heiskell, the motion to reconsider was laid upon the table.

The question being on the passage of the bill,

Mr. Atkins demanded the yeas and nays;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 46
• Nays ... 14

Yeas: Ashe, Atkins, Baldwin, Batson, Bonham, Bridgers, Chambers, Chilton, Clapp, Clopton, Collier, Currin, Dargan, Farrow, Foote, Freeman, Gardenhire, Garland, Gentry, Goode, Hanly, Harris, Hartridge, Heiskell, Herbert, Holcombe, Jones, Kenan of North Carolina, Lander, Lyons, Marshall, McDowell, McQueen, Menees, Miles, Perkins, Royston, Smith of Alabama, Smith of North Carolina, Swan, Tibbs, Trippe, Vest, Welsh, Wilcox, and Wright of Tennessee.

Nays: Ayer, Barksdale, Boteler, Chambliss, Curry; Dawkins, Gartrell, Hilton, Holt, Johnston, Kenan of Georgia, Pugh, Russell, and Mr. Speaker.

So the bill was passed.

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Mr. Batson announced as being present Mr. E. C. Boudinot, a Delegate-elect from the Cherokee Nation, and moved that he be qualified as a Delegate and take his seat.

Mr. Foote moved that the motion to swear in the Delegate be referred to the Committee on Indian Affairs, and that for the present the Delegate-elect be invited to a seat upon the floor; which was agreed to.

The Chair presented a bill of the House to grant commutation for quarters to the Superintendent of the Army intelligence Office and his clerks, reported from the Senate with sundry amendments; which was referred to the Committee on Quartermaster's and Commissary Departments and Military Transportation.

The Chair also Laid before the House a bill of the House making appropriations for the executive, legislative, and judicial expenses of the Government for the month of December, 1862, reported from the Senate with sundry amendments.

The question being on postponing the same and placing it upon the Calendar,

The same was lost.

On motion of Mr. Kenner, the rule was suspended requiring its consideration in Committee of the Whole.

The bill having been read as follows, to wit:

• Section 1. The Congress of the Confederate State of America do enact, That the following sums be, and the same are hereby, appropriated for the objects hereafter expressed, for the year ending the thirty-first of December, eighteen hundred and sixty-two:
  • Executive.--For compensation of the President of the Confederate States, six hundred and sixty-six dollars and sixty-six cents.
  • For compensation of the Vice-President of the Confederate States, three hundred and sixteen dollars and sixty-six cents.
  • For compensation of the Private Secretary and messenger of the President, fourteen dollars and seventy-five cents.
  • For compensation of the Secretary of the Treasury, Assistant Secretary, Comptroller, Auditors, Treasurer, and Register, and clerks and messengers in the Treasury Department, fifty-three thousand five hundred dollars.
  • For incidental and contingent expenses of the Treasury Department, six thousand dollars.
  • For compensation of the Secretary of War, chief of bureau, and clerks and messengers in the War Department, thirteen thousand dollars.
  • For incidental and contingent expenses of the War Department, five thousand dollars.
  • For compensation of the Secretary of the Navy, clerks, and messenger, one thousand eight hundred and twenty-five dollars and ninety cents.
  • For incidental and contingent expenses of the Navy Department, one thousand dollars.
  • For compensation of the Postmaster-General, chiefs of bureau, and clerks and messengers in the Post-Office Department, seven thousand four hundred and forty-two dollars and fifty-one cents.
  • For incidental and contingent expenses of the Post-Office Department, one thousand dollars.
  • For compensation of the Attorney-General, Assistant Attorney-General, and clerks and messengers in the Department of Justice, one thousand and two dollars and thirty cents.
  • For salary of Superintendent of Public Printing and clerks and messenger in his office, three hundred and sixty-two dollars and twenty-three cents.
  • For incidental and contingent expenses of the Department of Justice, five hundred dollars.
  • For printing for the several Executive Departments, ten thousand four hundred and sixteen dollars and sixty-six cents.
  • Territorial.--For salaries of governor, and Commissioner of Indian Affairs, and secretary, judges, attorney, and marshal of Arizona Territory, eight, hundred and eight dollars and seventy-one cents.

  ---

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  • For contingent expenses of Arizona Territory, forty-three dollars.
  • Miscellaneous.--For light and fuel for the public buildings, six thousand dollars.
  • For engraving and printing Treasury notes, bonds, and certificates of stock, and for paper for the same, two hundred and fifty thousand dollars.
  • To supply deficiencies in the revenue of the Post-Office Department, one hundred and thirty thousand six hundred and seven dollars and thirty-nine cents.
  • For preparation of copies of the journals of the Provisional Congress and of the Convention that formed the Provisional and Permanent Constitutions of the Confederate States, to be disbursed by the President of the Provisional Congress, two thousand dollars.
  • For the pay of officers and privates of the Army, volunteers and militia, and for quartermaster's supplies of all kinds, transportation and other necessary expenses, fifteen million six hundred and thirty-eight thousand and forty-nine dollars.
  • For support of prisoners of war and for rent of necessary guardhouses, etc., two hundred thousand dollars.
  • For bounty, fifty dollars to each noncommissioned officer, musician, and private in the service for three years, or the war, three million dollars.
  • For purchase of subsistence stores and commissary property, twenty-two million five hundred and ninety-eight thousand and forty-one dollars and thirty-six cents.
  • For the ordnance service, in all its branches, two million two hundred thousand dollars.
  • For the engineer service, two hundred thousand dollars.
  • For medical and hospital supplies, four hundred thousand dollars.
  • For pay of nurses and cooks, other than enlisted men, or volunteers, forty-eight thousand dollars.
  • For services of physicians, to be employed in conjunction with the medical staff of the Army, thirty thousand dollars,
  • For the establishment and support of military hospitals, fifty-nine thousand five hundred dollars.
  • For compensation of experts, not to exceed eight in number, to be employed in detecting forgers of Treasury notes, and located at such points and paid in such proportion as the Secretary of the Treasury may direct, twelve thousand dollars.
  • For traveling and other expenses incidental to the detection of persons employed in preparing and passing forged Treasury notes, thirteen thousand dollars.
  • For repayment to the State of North Carolina, of the excess over her quota paid into the Treasury on account of the war tax, provided for per act approved April second, eighteen hundred and sixty-two, one hundred and eleven thousand one hundred and seventy-four dollars and sixty-nine cents.
  • To make advance on contracts for the production of iron and coal, two million dollars.
  • To erect winter quarters for officers and seamen of the Navy at Drewry's Bluff, eleven thousand dollars.
  • To erect winter quarters for the marines stationed at Drewry's Bluff, fifteen thousand dollars.
  • For ordnance service in all its branches, including the purchase of ordnance and ordnance stores imported, four million dollars.
  • For pay of members of Congress and officers of Congress, thirty-five thousand six hundred and ninety dollars.
  • For contingent and telegraphic expenses of the, Executive office, two thousand five hundred dollars.
  • For engraving and printing Treasury notes, bonds, and certificates of stock, and for paper for the same, two hundred and ten thousand dollars.
  • To supply the deficiencies in the engineer appropriations for engineering purposes, eight hundred thousand dollars.
  • To pay claims upon the Confederate Government for vessels seized by the naval and military authorities for the use of the Government, ten thousand two hundred and thirty-seven dollars and fifty cents.
  • For the purchase of flour for the Confederate States Army, six million eight hundred and twenty-three thousand and eight hundred dollars.

The Secretary of the Treasury is hereby authorized, from any moneys in the Treasury not otherwise appropriated, to take up and redeem such Treasury notes as may, from time to time, be called in for the purpose of being canceled, and in place of such Treasury notes so canceled, other Treasury notes to the same amount may be issued.

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The question was upon agreeing to the amendments of the Senate; which are as follows, to wit:

In first section of the bill strike out the words

For compensation of experts, not to exceed eight in number, to be employed in detecting forgers of Treasury notes, and located at such points and paid in such proportion as the Secretary of the Treasury may direct, twelve thousand dollars.

The same was agreed to.

Also, in first section strike out the words

For repayment to the State of North Carolina, of the excess over her quota paid into the Treasury on account of the war tax, provided for per act approved April second, eighteen hundred and sixty-two, one hundred and eleven thousand one hundred and seventy-four dollars and sixty-nine cents.

The amendment was agreed to.

Insert after the word "dollars" in the clause providing for the pay of members of Congress the words

For pay and mileage of members of the Senate, twenty-five thousand dollars.

For paying salaries of officers of the Senate, three thousand two hundred dollars.

For contingent expenses of the Senate, two thousand dollars.

The amendment was agreed to.

The Chair also laid before the House a bill of the House providing for the granting of bounties and furloughs to privates and noncommissioned officers in the Provisional Army of the Confederate States, approved December 11, 1861, reported from the Senate with sundry amendments; which were read and referred to the Committee on Military Affairs.

The Chair also presented a bill of the House entitled

An act to encourage the manufacture of clothing and shoes for the Army,
reported from the Senate with an amendment.

The question being on postponing the same and placing it upon the Calendar,

The same was lost, and the bill was taken up, and the amendment of the Senate was agreed to; which is as follows, to wit: Add at the end of the bill the following, to wit:

• Sec. 4. That the clothing required to be furnished to the troops of the Provisional Army under any existing law may be of such kind as to color and quality as it may be practicable to obtain, any law to the contrary notwithstanding.

The Chair also presented a House bill to establish certain post routes therein named, reported from the Senate with sundry amendments; which were referred to the Committee on Post-Offices and Post-Roads.

The Chair also presented a Senate bill to repay the State of North Carolina the excess over her quota paid by her into the Treasury of the Confederate States on account of the war tax; which was read the first and second times.

The rules being suspended, the bill was taken up, and Mr. Smith of North Carolina moved to amend the same by adding thereto the following words, to wit:

And the further sum of three thousand three hundred and thirty-five dollars and twenty-five cents, for interest thereon.

Mr. Kenner called the question; which was ordered, and the amendment was lost.

The bill was then read a third time and passed.

The Chair also presented a bill of the Senate to refund to the State

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of Louisiana the excess of the war tax overpaid by her; which was read the first and second times, and the rules being suspended, was read a third time and passed.

Mr. Hanly, by consent, offered a resolution; which is as follows, to wit:

Resolved, That the Attorney-General be requested to furnish this House with a copy of the late treaty between the Confederate States and the Cherokee tribe of Indians;
which was read and agreed to.

The House then proceeded to the consideration of the special order, which was a bill to authorize the suspension of the writ of habeas corpus.

The question being on the engrossment and third reading of the same,

Mr. Baldwin moved to amend by striking out the enacting clause thereof.

Leave was granted Mr. Lyons to have a paper which he proposed to offer as an amendment printed.

Mr. Swan called the previous question on the bill to authorize the suspension of the writ of habeas corpus; which was ordered, and Mr. Baldwin demanded the yeas and nays.

The yeas and nays were ordered,

And are recorded as follows, to wit:
• Yeas ... 19
• Nays ... 45

Yeas: Ayer, Baldwin, Boyce, Chambers, Chilton, Clapp, Clopton, Dupré, Farrow, Foster, Garland, Garnett, Graham, Hanly, Herbert, Marshall, McDowell, Smith of North Carolina, and Wright of Tennessee.

Nays: Ashe, Atkins, Barksdale, Batson, Bonham, Boteler, Bridgers, Chambliss, Collier, Conrad, Currin, Curry, Dargan, Dawkins, De Jarnette, Gardenhire, Gartrell, Gentry, Goode, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyons, McRae, McQueen, Menees, Miles, Pugh, Ralls, Royston, Russell, Swan, Vest, Welsh, and Wright of Texas.

So the amendment of Mr. Baldwin was lost.

The bill was then engrossed.

Mr. Curry moved a reconsideration of the vote by which the bill was engrossed; which motion Mr. Swan moved to lay on the table.

The motion to lay on the table was lost, and the motion to reconsider was agreed to.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows:

Mr. Speaker: The Senate have concurred in the amendments of the House to the bill entitled

• S. 107. An act to authorize the President to accept and place in the service certain regiments and battalions heretofore raised,

With amendments; in which I am directed to ask the concurrence of this House.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed, with amendments, the following bills of this House, viz:

• H. R. 6. An act to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States; and
• H. R. 22. An act to establish places of rendezvous for the examination of enrolled men;

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In which amendments I am directed to ask the concurrence of this House.

The Senate have also passed a bill of this House of the following title, viz:

• H. R. 40. An act to provide shoes for the Army.

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:

• S. 121. An act to authorize the appointment of naval storekeepers;

In which I am directed to ask the concurrence of this House.

The President of the Confederate States did, on the 6th instant, approve and sign a bill of the following title, viz:

• S. 97. An act to provide for the organization of army corps.

Mr. Chambers moved to amend the first section of the bill under consideration; which is as follows, to wit:

That during the present invasion of the Confederate States the President shall have power to suspend the privilege of the writ of habeas corpus in any city, town, or military district, whenever in his judgment it shall be required by the public interests; but such suspension shall apply only to arrests made by the authorities of the Confederate Government or for offense against the same,
by striking out the words "or military district" and inserting in lieu thereof the words "threatened with attack by the enemy."

Mr. Bonham moved to amend the same by striking out the words "if it shall be required by the public interests" and insert in lieu thereof the words "if the public safety may require it."

Mr. Gardenhire demanded the previous question.

Mr. Lyons moved that the House adjourn.

The motion was lost, and the call for the previous question was not sustained.

Mr. Bonham called for the question; which was ordered, and was upon the amendment of Mr. Chambers.

The amendment was lost.

Mr. Bonham called for the question.

Mr. Foote moved that the House adjourn.

The motion was lost,

And the question being ordered, the amendment of Mr. Bonham was agreed to.

Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled bills of the following titles, to wit:

• An act to amend an act to further provide for the public defense, approved April 6, 1862, and the act to amend the same, approved September 27, 1862;
• An act to refund to the State of Louisiana the excess of the war tax overpaid by her; and
• An act to repay to the State of North Carolina the excess over her quota paid by her into the Treasury of the Confederate States on account of the war tax.

And the Speaker signed the same.

The Chair presented a bill of the Senate to authorize the appointment of naval storekeepers; which was read the first and second times and referred to the Committee on Naval Affairs.

The Chair also presented a bill of the Senate to authorize the President to accept and place in the service certain regiments and battalions heretofore raised, reported from the Senate with sundry amendments to the amendments of the House; which were referred to the Committee on Military Affairs.

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The Chair also presented a bill of this House to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States, reported from the Senate with an amendment; which was read and referred to the Committee on Military Affairs.

The Chair also presented a bill of the House, reported from the Senate with an amendment, to be entitled

An act to establish places of rendezvous for the examination of persons enrolled for military duty;
which was referred to the Committee on Military Affairs.

Mr. Smith of North Carolina, by consent, introduced

A bill to raise revenue, and for other purposes; which was read the first and second times and referred to the Committee on Ways and Means.

Mr. Miles, by consent, offered

A resolution that the President be requested, if not incompatible with the public service, to furnish to this House copies of General Beauregard's report on the defenses of Vicksburg, and the accompanying papers;
which was read and agreed to.

And on motion,

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

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