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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-FOURTH DAY--WEDNESDAY, October 8, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FORTY-FOURTH DAY--WEDNESDAY, October 8, 1862.

OPEN SESSION.

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

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker

• H. R. 35. An act to encourage the manufacture of clothing and shoes for the Army; also
• H. R. 40. An act to provide shoes for the Army; also
• H. R. 39. An act making appropriations for the executive, legislative, and judicial expenses of the Government for the month of December, 1862; and also

An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts.

And the Speaker signed the same.

Leave of absence was granted to Mr. Chambliss, on account of indisposition.

The House then proceeded to the consideration of the unfinished business of yesterday, which was the motion of Mr. Kenner to lay on the table the motion of Mr. Garnett to reconsider the vote by which the resolution of Mr. Perkins instructing the Committee on Ways and Means to report a tax bill [was passed].

The vote being taken, the motion was lost.

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.

On motion of Mr. Garnett, the same was postponed, and the motion of Mr. Garnett to reconsider the vote by which the resolution of Mr. Perkins was adopted was agreed to.

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Mr. Garnett moved to amend the resolution by inserting after the word "instructed" the words "at the next session of Congress," and to add thereto the words
and that the Committee on Ways and Means be further instructed to bring in a bill providing that all Treasury notes not bearing interest, issued on and after the first day of December next shall be made fundable in Confederate States stock bearing six per cent interest per annum.

Mr. Foote moved to amend the amendment by adding thereto the words
and that it shall be the duty of said committee to inquire into the expediency of making the notes and bonds of the Treasury a legal tender in payment of all debts due either to the Government or to individuals as part of a judicious and comprehensive scheme of finance, and with a view to the maintenance of public credit.

Mr. Russell moved that the resolution and amendments be referred to the Committee on Ways and Means, and called the question thereon; which was ordered, and the motion was agreed to.

The House then proceeded to the consideration of the special order.

Mr. Harris moved that the consideration of the same be postponed.

The motion was lost.

Mr. Lyons moved that the same be postponed until 2 o'clock.

The motion was lost.

The question being on ordering the bill to be engrossed for a third reading,

Mr. Baldwin moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:

It shall be a sufficient answer to the writ of habeas corpus in any case that the party in whose behalf it is granted in held in custody upon the warrant of the President of the Confederate States for reasons and upon evidence tiled in writing in the Department of State.

2. It shall be the duty of the President to report to Congress as soon as practicable every case of arrest and confinement upon his warrant as aforesaid, with the cause of such arrest and confinement, and he shall, when required by either House of Congress, transmit the written reasons and evidence filed as aforesaid.

Mr. Foote moved to amend the bill by adding thereto the following section, to wit:

Nothing in this act shall be so construed as to justify the President, or those appointed by him, in setting aside or disregarding the provisions of the Constitution of the Confederate States, or the Constitution of any of said States, or the laws made in conformity therewith, except so far as the same may result necessarily from the suspension of the writ of habeas corpus; and in no case is the ordinary action of the courts, either of the Confederacy or of the States, respectively, to be set aside, superseded, or defeated, except so far as may necessarily result from the simple suspension of the writ aforesaid.

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

Mr. Speaker: The Senate have passed bills and joint resolutions of the following titles, viz:

• S. 89. An act for the relief of the Bible Society of the Confederate States of America;
• S. 122. An act to regulate the pay of the messenger of the President; and
• S. R. 16. Joint resolutions relative to provost-marshals;

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

Mr. Clapp moved that the House do now adjourn.

Upon which Mr. Royston demanded the yeas and nays;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 29
• Nays ... 32 [33]

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Yeas: Ashe, Ayer, Baldwin, Bonham, Bridgers, Clapp, Conrad Currin, Dargan, De Jarnette, Dupré, Farrow, Gardenhire, Garland, Goode, Graham, Gray, Holcombe, Johnston, Lander, Lyons, McQueen, Miles, Pugh, Sexton, Smith of Alabama, Wilcox, Wright of Texas, and Wright of Tennessee.

Nays: Atkins, Barksdale, Batson, Boteler, Chambers, Chilton, Clark, Clopton, Collier, Dawkins, Elliott, Foote, Foster, Garnett, Gartrell, Hartridge, Heiskell, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, McDowell, Menees, Perkins, Ralls, Royston, Russell, Smith of North Carolina, Swan, Trippe, and Welsh.

So the motion to adjourn was lost.

The Chair laid before the House a bill of the Senate to regulate the pay of the messenger of the President; which was read the first and second times and referred to the Committee on Ways and Means.

The Chair also presented a bill of the Senate for the relief of the Bible Society of the Confederate States of America; which was read the first and second times and referred to the Committee on Ways and Means.

The Chair also presented joint resolutions from the Senate relative to provost-marshals; which were read the first and second times and referred to the Committee on the Judiciary.

Mr. Foote moved that the House take a recess until 8 o'clock this evening.

Mr. Kenan demanded the yeas and nays; which were ordered.

Mr. Wilcox moved a call of the House.

The motion was lost.

The yeas and nays were then recorded as follows:
• Yeas ... 30
• Nays ... 27

Yeas: Ashe, Atkins, Chambers, Chilton, Clark, Clopton, Collier, Dawkins, De Jarnette, Elliott, Foote, Foster, Gray, Hartridge, Johnston, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, McDowell, Miles, Perkins, Pugh, Ralls, Royston, Russell, Smith of North Carolina, Swan, Trippe, and Wilcox.

Nays: Ayer, Baldwin, Barksdale, Batson, Bonham, Boteler, Bridgers, Conrad, Dargan, Dupré, Farrow, Gardenhire, Garland, Garnett, Gartrell, Goode, Graham, Heiskell, Hilton, Holt, Lyons, McQueen, Sexton, Welsh, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

So the motion to take a recess until 8 o'clock p. m. was agreed to.

At 8 o'clock p. m. the House met pursuant to adjournment and proceeded to the consideration of the unfinished business, which was bill to suspend the writ of habeas corpus.

Mr. Lyons moved to amend the amendment by striking out all of the same and inserting in lieu thereof the following, to wit:

That whenever the Army of the Confederate States, or any portion thereof, being not less than three thousand men, shall be encamped in any city or town within the Confederate States, or within ten miles of it, the President shall have authority to proclaim and establish martial law, as hereinafter defined, in the said city and camp, and the country surrounding the same for a distance in all directions of ten miles from the said camp, if in his opinion it be necessary to the discipline or safety of the said Army, or part thereof, or to the safety of the said city or town, or the preservation of pearce and good order therein, or to prevent or suppress traitorous or disloyal acts or purposes. And whenever the Army, or such part thereof as aforesaid, shall be encamped in any county in any State not within ten miles of any city or town, the President may, in like manner, proclaim martial law within said camp and the surrounding country for ten miles.

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• Sec. 2. If the encampment of the Army or such portion of it as aforesaid be so far distant from the seat of government, or the emergency be so great that the President can not be communicated with and his reply received in time to meet the exigency of the case, in the opinion of the commanding officer, then said commanding officer may establish martial law in said encampment and surrounding country for ten miles as aforesaid, to continue for the space of ten days, of which he shall immediately apprise the President, and at the expiration of ten days the said law shall expire or be continued in force as the President shall determine.
• Sec. 3. If any portion of the territory of the Confederate States, or either of them, shall be invaded or be in danger of being invaded by the enemy, the President may, if in his opinion the public interest require it, proclaim and establish martial law in the place or district actually invaded or in danger of invasion and the country surrounding the same for twenty miles in every direction.
• Sec. 4. Martial law shall not be established at one time for a period of more than ninety days, but the President may, if in his opinion it be necessary to do so for the causes before mentioned, by his proclamation, setting forth such necessity, continue it from time to time, for not more than ninety days each time, until such necessity shall cease to exist.
• Sec. 5. When martial law has been proclaimed and established, the writ of habeas corpus shall be suspended within the district over which the martial law prevails, If, in the opinion of the President, it shall be necessary to suspend it, and all trials by jury in civil cases shall be also suspended, except in cases concerning rents, actions of detinue, and writs of unlawful entry and detainer, and no judgment or decree for the payment of money shall be rendered against any officer or soldier in actual service in the Army of the Confederate States, except in the cases before mentioned, while he continues in the Army.
• Sec. 6. The President shall cause to be prepared a proper system of regulations defining all offenses against martial law, and prescribing the punishment thereof, and establishing courts-martial for the trial of offenders against the same, which courts may consist of one or three persons, who may be officers of the Army, or citizens not in the Army, or both, as the President may determine, whose compensation shall be fixed by the President, not exceeding ten dollars per day for every day the court may be employed, and be paid out of the Treasury upon the order of the Secretary of War; which regulation shall be published with the proclamation establishing martial law, or as soon after as practicable, and filed also in the Departments of War and Justice: Provided, That the said courts shall not have the power to confiscate the property of any citizen, whether soldier or sailor, or not, for any offense except by reasonable fine, or pronounce or inflict the sentence of death upon any man except for a strictly military offense committed by an officer or soldier or sailor, now punishable by death.
• Sec. 7. The members of the Senate and House of Representatives of the Confederate States, and their officers and the heads of Departments, judges of the Confederate courts, and judges of the State courts, shall not be subject to martial law.
• Sec. 8. Whenever the President shall have good cause to believe that any citizen, not an officer, soldier, or sailor in the Army or Navy, is engaged in or preparing to commit any treasonable act, or is endeavoring by any means to hinder or embarrass the Confederate Government, or any of its generals, in the conduct of the war, or is or has been dealing in any manner with the enemy, or endeavoring by any means to bring about a restoration of the Union formerly existing with the Government of which Abraham Lincoln is now President, he may cause him or her to be arrested and confined without bail or mainprize until he can be examined by one of the courts hereinbefore mentioned and created, upon the charges which may be made against him or her, and as to such person the writ of habeas corpus shall be suspended. As soon as conveniently may be after the arrest, such person shall be brought before one of the tribunals aforesaid, by whom the charges against him or her shall be examined in private or publicly as he may deem best, securing to the prisoner the benefit of all testimony which he or she may call for, and allowing him or her the benefit of counsel, all the facts found upon which examination, with the opinion of the tribunal upon them, shall be certified to the Department of Justice. If the charges be of actual treason and welt founded, in the opinion of the court, the prisoner shall be turned over to the civil authorities to be dealt with according to law. If the charge be of disloyalty and a design to commit treason, or to do any act with a view to restore the Union with the Government of which Abraham Lincoln is the President, or that the prisoner has been dealing in any manner with the enemy to the prejudice of the Confederate States, the prisoner shall be examined in manner aforesaid, and the testimony, together with the opinion of the court upon it, shall be certified to the Department of Justice. If, in the opinion of the court,

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  the charge against the accused was unfounded, he or she shall be discharged. If, in the opinion of the court, the charge was well founded and the public interest demands the detention of the accused, he or she shall be detained in close custody until peace is proclaimed, unless sooner discharged by the President; and as to such prisoner the writ of habeas corpus shall be suspended.

• Sec. 9. When martial law shall be proclaimed in any city or corporate town, the military authority shall not interfere with the municipal government of the city or town, except as hereinbefore directed, unless requested by the municipal authorities to do so, but shall furnish all necessary military aid to the said authorities when requested by them to do so, for the purpose of enforcing police laws and regulations and preserving peace and good order.
• Sec. 10. Under martial law the military authority shall have no right to interfere with the sale of any goods or commodities among citizens not in the Army, or to regulate or attempt to regulate the price of provisions or commodities of any kind; but it may make such rules and regulations as may be deemed necessary for the government of the soldiers, and may regulate or prohibit intercourse and trading with the soldiers and prescribe such penalties for violating the same as may be deemed necessary, subject to the approval of the President.
• Sec. 11. This act shall continue in force during the war unless sooner repealed.

Mr. Gartrell demanded the previous question.

Pending which,

The House adjourned.

SECRET SESSION.

The House being in secret session, a message was received from the President, by his Private Secretary, Mr. Harrison, informing the House that the President had on yesterday approved and signed

An act making appropriation for the defense of Western and Southern rivers.

A message was received from the Senate, by the Secretary of that body, Mr. Nash, informing the House that the President on the 6th instant approved and signed

• S. 105. An act for the purchase, arming, and equipping of vessels abroad.

A message was received from the Senate, by the hands of the Secretary of that body; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill of the following title, to wit:

• S. 119. An act to authorize the Secretary of the Treasury to borrow money of the several States;

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

On motion, the bill was taken up, read first and second times, and referred to Committee on Ways and Means.

And on motion,

The House resolved itself into open session.

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