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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-SIXTH DAY--FRIDAY, October 10, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FORTY-SIXTH DAY--FRIDAY, October 10, 1862.

OPEN SESSION.

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

Mr. Miles, from the Committee on Military Affairs, to whom was referred a bill of the House to be entitled "An act to establish places of rendezvous for the examination of persons enrolled for militia duty," with an amendment of the Senate thereto, reported the same back, with the recommendation that the House concur in the amendment of the Senate.


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The rules were suspended, and the amendments were taken up.

The following words occurring in the first section of the bill, viz:

That there shall be established in each county, parish, or district, and in any town or city not in a county, parish, or district, in the several States a place of rendezvous for the persons in said county, etc.,

The Senate amended the same by striking out after the word "any" the words "town or," and after the word "city" the word "not."

On motion of Mr. Miles, the amendment was agreed to.

The following occurring in the third section, viz:

When it shall appear to any surgeon attending such place of rendezvous, by the certificate of a respectable physician resident in that county, district, or parish, or town or city not in a county, parish, or district, that any enrolled person therein is unable to attend, etc.,

The Senate amended the same by striking out the word "or" before the word "parish," where the word "parish" first occurs, and by striking' out the words "or town" and the word "not."

On motion of Mr. Miles, the amendment was agreed to.

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

A bill to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861;
which was read the first and second times, and the question being on postponing and placing the bill upon the Calendar, it appeared upon the vote a quorum was not present.

Mr. Harris moved a call of the House.

Upon which Mr. De Jarnette called the yeas and nays;

Which were ordered,

Yeas: Baldwin, Batson, Bonham, Chilton, Dupré, Farrow, Garland, Hanly, Harris, Holcombe, Holt, Jones, Kenner, Lyon, McRae, McQueen, Miles, Perkins, Pugh, Smith of Alabama, Swan, Tibbs, Welsh, and Mr. Speaker.

Nays: Ashe, Ayer, Barksdale, Bell, Boteler, Boyce, Chambers, Clark, Clopton, Collier, De Jarnette, Foster, Freeman, Gardenhire, Gartrell, Goode, Hartridge, Heiskell, Herbert, Hilton, Johnston, Kenan of Georgia, McDowell, Ralls, Smith of North Carolina, Trippe, and Wright of Tennessee.

So the call of the House was not ordered.

On motion, leave was granted to Mr. Conrad, on account of sickness.

Mr. Baldwin moved a call of the House.

The motion was lost.

Mr. Baldwin moved that the House adjourn.

Mr. Miles called for the yeas and nays;

Which were ordered,

Yeas: Baldwin, Harris, Heiskell, Herbert, and Ralls.

Nays: Ashe, Ayer, Batson, Bell, Bonham, Boteler, Chambers, Chilton, Clark, Clopton, Collier, Dargan, De Jarnette, Dupré, Elliott, Farrow, Foster, Freeman, Gardenhire, Garland, Gartrell, Gentry, Goode, Gray, Hanly, Hartridge, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Lyons, McDowell, McQueen, McRae, Menees, Miles, Perkins,


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Pugh, Russell, Sexton, Smith of Alabama, Smith of North Carolina, Swan, Tibbs, Trippe, Welsh, Wright of Tennessee, and Mr. Speaker.

So the motion to adjourn was lost.

On motion, leave was granted Mr. Atkins for the remainder of the session.

The question was then taken on the postponement of the bill, and the same was not postponed.

Mr. Miles demanded the previous question; which was ordered, and the bill was engrossed and read a third time.

The question being on the passage of the same,

Mr. Hanly called for the yeas and nays; which were ordered.

The hour having arrived for the consideration of the special order,

Mr. Boteler, by consent, presented a memorial in relation to making Treasury notes a legal tender; which was referred to the Committee on Ways and Means, without being read.

Mr. Holcombe, by consent, presented a memorial on the same subject; which was referred to the Committee of Ways and Means.

Mr. De Jarnette, by consent, from the Committee on Foreign Affairs, to which were referred joint resolutions in relation to retaliation, reported a bill providing for retaliation in certain cases; which was read the first and second times.

Mr. Barksdale moved that the bill be recommitted to the committee.

Mr. Jones demanded the question: which was ordered, and the motion was agreed to.

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 this House of the following title, viz:

They have also passed a bill of the following title, viz:

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

On motion of Mr. Harris, the rule was suspended to allow the Committee on Military Affairs to report a bill, and Mr. Harris, from the Committee on Military Affairs, to whom was referred a bill of the House, reported from the Senate with an amendment, entitled

An act amendatory of an act providing for the granting of bounties and furloughs to privates and noncommissioned officers in the Provisional Army, approved December 11, 186!, reported the same back, with the recommendation that the House concur in the amendment of the Senate.

The bill was taken up and read as follows, to wit:

And the question being on concurring in the amendment of the Senate; which is as follows, to wit: Strike out the words, in the fifth line, section 1, "in like manner as other arrearages" and add to the section the words "to be paid as other arrearages."

The same was agreed to.

On motion of Mr. Miles, the rules were suspended to allow the Committee


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on Military Affairs to make a report, and

Mr. Harris, from the Committee on Military Affairs, to whom was [referred] a bill of the 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, reported the same back, with the recommendation that the House concur in the amendment of the Senate, with an amendment. The bill having been read as follows, to wit:

The Senate proposed to amend the same as follows, to wit: Strike out all after the enacting clause and insert

That the first and second sections of the act [to] which this is an amendment are hereby declared to have full force and effect in those States and districts in which the President may, under the law, suspend the provisions of the acts providing for the enrollment of persons for military service, or when said acts can not be enforced by reason of the occupation of the enemy: Provided, That the troops received under the sections of said act shall be received for three years or the war.

Amend title to read:

An act to amend an act entitled "An act, to raise an additional military force to serve during the war," approved eighth May, eighteen hundred and sixty-one, and to provide for raising forces in the States of Missouri and Kentucky.

The committee moved to amend the second section by inserting after the word "appoint" the words "major and," and after the word "generals" the words "with their appropriate staff," and after the word "field" the words "company and staff;" strike out the word "field," and insert after the word "battalion" the word "company," wherever occurring.

The question being on agreeing to the amendments of the committee to the amendment of the Senate, the same were agreed to, and the amendments of the Senate as amended were concurred in.

Mr. Swan, from the same committee, 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 from the Senate with sundry amendments of the Senate to the amendments of the House, reported the same back, with the recommendation


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that the House concur in the amendments of the Senate to the amendments of the House.

The amendments having been read as follows, to wit:

After the word "Tennessee" insert "to be composed of residents of said districts."

Strike out "shall" and insert "may."

After the word "President" insert "when in his opinion the public interest will be promoted thereby."

Mr. Swan demanded the question; which was ordered, and Mr. Gardenhire demanded the yeas and nays.

The yeas and nays were ordered,

Yeas: Ashe, Barksdale, Batson, Bonham, Boteler, Boyce, Bridgers, Chambers, Chilton, Clopton, Collier, Dargan, Elliott, Farrow, Freeman, Gartrell, Gentry, Goode, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Kenan of North Carolina, Kenner, Lyon, McQueen, McRae, Miles, Perkins, Pugh, Ralls, Royston, Russell, Swan, Wilcox, and Mr. Speaker.

Nays: Ayer, Baldwin, Clapp, Currin, Dupré, Foote, Foster, Gardenhire, Garland, Garnett, Hanly, Herbert, Jones, Lander, McDowell, Menees, Sexton, Tibbs, Triple, Welsh, and Wright of Tennessee.

So the amendments of the Senate were concurred in.

Mr. Foote moved that leave be granted the Committee on Foreign Affairs to sit during' the session of the House.

The motion was lost.

Mr. Chambers moved that the rules be suspended to enable the Committee on Military Affairs to report.

The motion was lost.

The House then proceeded to the consideration of the special order, which was a bill to purge the Army of ignorant and incompetent officers.

The question being on ordering the previous question, the same was ordered, and the amendment of Mr. Miles to the bill was agreed to as amended.

The bill was then engrossed and read a third time, and the question being on the passage of the same,

Mr. Wilcox demanded the yeas and nays;

Which were ordered,

Yeas: Ashe, Barksdale, Batson, Bonham, Boteler, Boyce, Bridgers, Chambers, Clapp, Collier, Dargan, De Jarnette, Dupré, Elliott, Farrow, Foote, Freeman, Gartrell, Goode, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon. McDowell, McQueen. McRae, Menees, Miles, Perkins, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Swan, Tibbs, Welsh, and Mr. Speaker.

Nays: Baldwin, Chilton, Clark, Clopton, Foster, Gardenhire, Hanly, Herbert, Jones, Wilcox, and Wright of Tennessee

So the bill was passed.

The title of the bill being under consideration,

Mr. Wilcox moved to amend the same by striking out the word "purge" and inserting in lieu thereof the word "rid."

Mr. Dupré moved to amend the amendment by striking out the word "rid" and inserting in lieu thereof the word "relieve."


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The amendment to the amendment was agreed to, and the amendment as amended was agreed to.

The House then proceeded to the consideration of the next special order, which was a bill to punish atrocities of the enemy.

Pending which,

Mr. Herbert, by consent, from the Committee on Post-Offices and Post-Roads, reported

A bill to increase the salaries of route agents for the mail; which was read the first and second times and, the rules being suspended, was engrossed and read a third time.

Mr. Foote moved that the House adjourn.

The motion was lost, and [the bill] was passed.

Mr. Dupré, by consent, introduced

A bill to consolidate reduced battalions and regiments; which was read the first and second times and referred to the Committee on Military Affairs.

On motion of Mr. Baldwin, the special order was postponed, and the House proceeded to the consideration of the next special order, which was a bill to raise revenue.

Mr. Clapp moved that the further consideration of the bill be postponed until the third Monday in January next.

Mr. Clark moved to lay the motion on the table; which motion waslost.

Mr. Kenner demanded the question; which was ordered, and Mr. Lyon demanded the yeas and nays.

The yeas and nays were ordered,

Yeas: Batson, Bell, Chambers, Clapp, Clark, Clopton, Collier, Dupré, Foster, Freeman, Gardenhire, Garland, Garnett, Gartrell, Gentry, Hanly, Herbert, McDowell, Pugh, Smith of Alabama, Tibbs, Wilcox, Wright of Texas, and Wright of Tennessee.

Nays: Ashe, Ayer, Baldwin, Barksdale, Bonham, Boteler, Boyce, Bridgers, Chilton, Currin, Dargan, De Jarnette, Elliott, Farrow, Foote, Goode, Graham, Gray, Harris, Hartridge, Hilton, Holcombe, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, McQueen, McRae, Menees, Miles, Perkins, Rails, Royston, Russell, Sexton, Smith of North Carolina, Swan, Trippe, Welsh, and Mr. Speaker.

So the motion to postpone was lost.

Mr. Garnett moved that the bill be postponed and that the House take up for consideration the bill making appropriations for the support of the Government for the month of January, 1863, and for certain deficiencies and other purposes therein mentioned; which was agreed to.

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

Mr. Speaker: The President of the Confederate States did, on the 8th instant, approve and sign bills of the following titles, viz:


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The President did, on the 9th instant, approve and sign a bill of the following title, viz:

A message was received from the President. by his Private Secretary, Mr. Harrison, informing the House that the President had signed and approved

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

And the Speaker signed the same.

The Chair laid before the House a communication from the Secretary of the Treasury, transmitting certain estimates: which was referred to the Committee on Ways and Means.

The Chair also presented a bill of the Senate for the relief of certain officers of the Navy and of the Marine Corps; 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 increase the pay of the clerks in the several Departments; which was read the first and second times, and on motion of Mr. Gartrell, the rules were suspended, and the bill was taken up, and is as follows, to wit:

The Congress of the Confederate States of America do enact, That from and after the passage of this bill the salaries of all clerks of the several Departments of the Executive Government of the Confederate States shall be increased as follows: All salaries under one thousand dollars shall be increased fifty per cent; all salaries of one thousand and under twelve hundred dollars and upward shall be increased thirty-three per cent; and all salaries of twelve hundred dollars and upward shall be increased twenty-five per cent.

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

That on the salaries or compensation of all officers of the several Executive Departments appointed under any law of Congress, and residing in the city of Richmond, whose salaries shall not now exceed one thousand dollars, there shall be added for the period of one year fifty per cent, and for the period of one year the salaries of all such officers now receiving not less than one thousand dollars and under fifteen hundred dollars shall be fixed at fifteen hundred dollars.

Mr. Jones moved to amend the amendment by inserting after the word "officers," where occurring, the words and "employees."

Mr. Foote called the question; which was ordered, and the amendment to the amendment was agreed to.

Mr. Jones moved further to amend the amendment by inserting after the word "salary" the words "or compensation," and called for the question.

The question was ordered, and the amendment to the amendment was agreed to.


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Mr. Lyons moved to amend the amendment by adding thereto the words
and the salary of the Private Secretary of the President shall be fixed at two thousand dollars per annum.

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

That for the period of twelve months from the date of this act there shall be added to the present salaries of the civil officers of the Confederate Government resident and serving in the city of Richmond a per centum as follows: On all salaries of one thousand dollars and under, fifty per cent; on all salaries of one thousand two hundred dollars and under, thirty-three and one-third per cent; on all salaries of one thousand five hundred dollars and under, thirty per cent; on all salaries of two thousand dollars and upward, including the comptrollers, auditors, registers, and Treasurer, twenty per cent.

Be it further enacted, That the additional compensation herein granted shall be bestowed or withheld, at the discretion of the Secretary, for officers of the rank of comptrollers and auditors, and for accountants and clerks, at the like discretion of the heads of their respective bureaus.

Mr. Foster demanded the previous question; which was ordered, and the amendment to the amendment of Mr. Lyons was lost.

The amendment of Mr. Dupré was lost, and the amendment of Mr. Baldwin as amended was agreed to.

The bill as amended was then read a third time.

Mr. Foster moved that the House reconsider the vote ordering the bill to a third reading.

The motion was lost.

Mr. Menees demanded the question; which was ordered, and the bill was passed.

On motion, the title of the same was amended by striking out the words "clerks in the several Departments" and inserting in lieu thereof the words "certain officers and employees in the executive and legislative departments."

Mr. Russell moved that when the House terminate its session this morning it take a recess until 8 o'clock p. m.; which was agreed to.

Mr. Russell moved that the rules be suspended to enable him to introduce a resolution extending the session of Congress.

The motion was lost.

Mr. Foote moved that the House resolve itself into secret session.

Mr. Gardenhire moved that the House adjourn; which motion was lost.

The question being on the motion of Mr. Foote,

Mr. Foster demanded the yeas and nays;

Which were ordered,

Yeas: Ashe, Ayer, Baldwin, Bell, Bonham, Boteler, Bridgers, Chambers, Chilton, Clark, Clopton, Collier, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Gardenhire, Gartrell, Gentry, Goode, Graham, Harris, Hartridge, Heiskell, Herbert, Holcombe, Holt, Jones, Kenan of North Carolina, Lander, McDowell, McQueen, Menees, Miles, Perkins, Pugh, Ralls, Royston, Russell, Swan, Tibbs, Trippe, Welsh, Wilcox, and Wright of Tennessee.

Nays: Barksdale, Batson, Dargan, Garland, Gray, Kenan of Georgia, Kenner, McRae, and Wright of Texas.


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So the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session; when, on motion, the House took a recess until 8 o'clock p. m.

The House, at 8 o'clock p. m., being again in session, Mr. De Jarnette, from the Committee on Foreign Affairs, by consent, to whom was recommitted

A bill to be entitled "An act providing for retaliation in certain cases,"
reported the same back, with the recommendation that it pass.

The bill was ordered to be printed, and its consideration postponed until 2 o'clock to-morrow.

Mr. Barksdale, by consent, from the minority of the same committee, reported an amendment to the same; which was, without being read, ordered to be printed and its further consideration postponed until 2 o'clock to-morrow.

The House then proceeded to the consideration of the special order, which was

A bill to be entitled "An act making appropriations for the support of the Government for the month of January, eighteen hundred and sixty-three, and for certain deficiencies and other purposes therein mentioned,"
and resolved itself into Committee of the Whole, Mr. Russell in the chair; and having spent some time therein, the committee rose, and reported through their Chairman that they had had under consideration the bill referred to them, and reported the same back, with the recommendation that it pass with amendments.

The bill being read as follows, to wit:

A bill to be entitled "An act making appropriations for the support of the Government for the month of January, eighteen hundred and sixty-three, and for certain deficiencies and other purposes therein mentioned."

The committee moved to amend the same by striking out in the clause relating to deficiencies of the Post-Office Department the words "arising prior to the first of" and inserting in lieu thereof the words "for the month of," and insert after the word "agents" the words "of the Post-Office Department."

The question being on agreeing to the amendments of the committee,

The same were agreed to.

The bill was then engrossed, read a third time, and passed.

Mr. Jones moved that the House adjourn.

Mr. Hilton moved a call of the House.

The motion was lost, and the motion to adjourn prevailed.

SECRET SESSION.

The House being in secret session, a message was received from the Senate, by the Secretary of that body, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill of this House entitled "An act to amend an act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods."


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They have also passed a bill of the following title, viz:

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

On motion, Senate bill 120, entitled "An act to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of such articles," approved 21st April, 1862, was taken up, read first and second times, and referred to the Committee of Ways and Means.

On motion, the further consideration of the unfinished business of the last secret session, which was the consideration of a Senate bill (119) to be entitled "An act to authorize the Secretary of the Treasury to borrow money of the several States," was postponed.

On motion of Mr. Foote, the House took up for consideration

A bill to provide for the defense of the Cumberland and Tennessee rivers.

The bill was engrossed, read a third time, and passed.

And on motion of Mr. Gardenhire,

The House resolved itself into open session.

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