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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-EIGHTH DAY--MONDAY, October 13, 1862.
OPEN SESSION.
The House met pursuant to adjournment.
Mr. Chilton, from the Committee on Quartermaster's and Commissary Departments and Military Transportation, to whom was referred the amendments of the Senate to a bill of the House entitled
An act to grant commutation for quarters to the Superintendent of the Army Intelligence Office and his clerks,
reported the same back, with the recommendation that the House concur in the amendments of the Senate.
The amendments of the Senate having been read as follows, to wit:
Add at end of first section the words "and that the extra pay allowed said clerks shall be, and is hereby increased from twenty-five to fifty cents per day."
Amend the title by adding the words "and to increase the compensation of said clerks."
The same were agreed to.
On motion of Mr. Chambers, the House took from the Calendar for consideration a bill entitled "An act to authorize the grant of medals as a reward for courage and good conduct on the field of battle," reported from the Committee on Military Affairs with an amendment.
The rules were suspended;
The bill was taken up, and was read as follows, viz:
The Congress of the Confederate States do enact, That the President of the Confederate States be, and he is hereby, authorized to bestow medals with proper devices upon such officers, noncommissioned officers, and soldiers of the armies of the Confederate States as shall be conspicuous for courage and good conduct on the field of battle.
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Mr. Chambers, from the Committee on Military Affairs, moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, viz:
That the President be, and he is hereby, authorized to bestow medals with proper devices upon such officers of the armies of the Confederate States as shall be conspicuous for courage and good conduct on the field of battle; and also to confer a badge of distinction upon one private or noncommissioned officer of each company after every signal victory it shall have assisted to achieve. The noncommissioned [officers] and privates of the company who may be present on the first dress parade thereafter may choose by a majority of their votes the soldier best entitled to receive such distinction, whose name shall be communicated to the President by the commanding officer of the company; and if the award fall upon a deceased soldier, the badge thus awarded him shall be delivered to his widow, or if there be no widow, to any relation the President may adjudge entitled to receive it.
The question being on agreeing to the amendment,
The same was agreed to, and the bill as amended was engrossed, read a third time, and passed.
On motion, the title of the same was amended as follows, to wit:a
[Note a: a Not recorded in the Journal]
Mr. Foster introduced
A bill making Confederate notes a legal tender, and to punish extortion;
which was read the first and second times and referred to the Committee on the Judiciary.
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.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill to increase the pay of clerks in the several Departments.
Mr. Russell, by consent, introduced
A bill to repress atrocities of the enemy;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Russell also introduced
A bill to prohibit martial law within the Confederate States;
which was read the first and second times and, on motion, was laid upon the table.
Mr. Boteler introduced
A joint resolution in reference to Treasury notes;
which was read the first and second times and, on motion, was laid upon the table.
Mr. Clapp, from the Committee on Claims, to whom was referred
A bill to provide for the payment of certain claims against the Confederate States in the State of Missouri,
reported the same back, with the recommendation that it pass.
On motion, the same was placed upon the Calendar.
Mr. Clopton, from the Committee on Claims, to whom was referred a memorial in relation to the taking of the census of 1860, reported the
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same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Clopton, also from the same committee, to whom was referred a memorial, praying compensation for damages to property by the enemy, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.
Mr. Clopton, also from the same committee, to whom was referred two memorials, asking payment of pensions due from the United States, reported the same back, asked to be discharged from their further consideration, and that the same lie upon the table; which was agreed to.
Mr. Clopton, also from the same committee, to whom was referred a memorial from J. D. Goodman, praying compensation for the destruction of lager beer, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Clopton, also from the same committee, to whom was referred the petition of George W. Clemmons in relation to a pension, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Clopton, from the same committee, to whom was referred the memorial of J. W. Davis, praying compensation for services rendered, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Harris, from the Committee on Military Affairs, to whom was referred
A bill to provide for the regular return of pay rolls in the Army to the proper authorities of the Confederate States,
reported the same back, with the recommendation that it be placed upon the Calendar; which was agreed to.
Mr. Elliott, from the Committee on Enrollment, reported as correctly engrossed and enrolled
An act to increase the pay of certain officers and employees in the executive and legislative departments.
On motion of Mr. Miles, the Chair appointed Messrs. Lyons, McQueen, and Garland a committee to wait upon the President and inform him that the House would adjourn at 5 o'clock p. m.
Mr. Kenner, by consent, introduced
A bill to make additional appropriations for the pay of clerks in the several departments;
which was read the first and second times and referred to the Committee on Ways and Means.
Mr. Kenner, from the Committee on Ways and Means, to whom was referred
A bill to provide for the coining of copper tokens,
reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Kenner, from the Committee on Ways and Means, to whom was referred a bill of the Senate to make provisions for coins for the Confederate States, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Kenner, also from the same committee, to whom was referred
A bill to regulate the pay of the messenger of the President,
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reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chilton, from the Committee on Post-Offices and Post-Roads, to whom was referred
A resolution in relation to the mails,
reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chilton, also from the same committee, to whom was referred a communication from the Postmaster-General in relation to the carrying of the mails, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chilton, also from the same committee, to whom was referred a memorial of F. S. Hunt and others, asking compensation for services as route agents, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chilton, also from the same committee, to whom was referred a memorial in relation to Sunday mails, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chilton, also from the same committee, to whom was referred the memorial of D. G. McRae, asking compensation for services, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chamber's, from the Committee on Military Affairs, to whom was referred
A bill to further protect the country and to drive back the invaders, together with a resolution upon the sane subject, reported the same back, asked to be discharged from their further consideration, and that the same lie upon the table; 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 Senate have passed a bill of this House entitled
Mr. Miles, from the Committee on Military Affairs, to whom was referred
A bill to regulate the pay of officers of the Army on furlough, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Miles, also from the same committee, to whom was referred a message from the President in relation to the enrollment of conscripts, reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Lyons, by consent, offered the following resolution, to wit:
Resolved, That the Clerk of this House be instructed to cause five hundred copies of the Journal of this House up to the close of this session, with a suitable index, [to be] printed under the direction of the Speaker;
which was read and agreed to.
Mr. Elliott, 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 grant commutation for quarters to
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the Superintendent of the Army Intelligence Office and his clerks, and to increase the compensation of said clerks."
And the Speaker signed the same.
Mr. Speaker: The Senate have passed a bill of this House (H. R. 44) entitled "An act authorizing the suspension of the writ of habeas corpus."
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill of the House authorizing the suspension of the writ of habeas corpus.
And the Speaker signed the same.
Mr. Hilton, from the Committee on Military Affairs, to whom was referred a memorial in reference to the exemption of coal miners, reported the Same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
A message was received from the President, by his Private Secretary, Mr. Harrison.
Mr. Chambers, from the Committee on Enrollment reported as correctly engrossed and enrolled
An act to protect the rights of owners of slaves taken or employed in the Army.
And the Speaker signed the same.
Mr. Jones moved a call of the House.
The motion was lost.
The Chair laid before the House a communication from the President; which is as follows, to wit:
To the House of Representatives of the Confederate States of America:
I regret to find myself compelled to return without my signature an act, which originated in your body, entitled "An act to reorganize and promote the efficiency of the Medical Department of the Provisional Army." I entirely concur in the desire to accomplish the objects contemplated in the act, and have delayed its return in the hope that some additional legislation might obviate the difficulties that would embarrass the operation of the act in its present form.
The act seems to be based on the assumption that there exists a "medical department of the Provisional Army," and this fact is not only set forth in the title, but some of the provisions are so worded as to be inoperative, by reason of this assumption.
Thus, the first section provides "that the rank, pay, and allowances of a brigadier-general in the Provisional Army of the Confederate States be, and the same are hereby conferred on the Surgeon-General of the same." There exists no such officer as the surgeon-general of the Provisional Army. The plain intent, therefore, of Congress to confer the rank of brigadier-general in the Provisional Army on the Surgeon-General of the Permanent Army would be defeated, unless the language of this section be changed.
According to the provisions of the law, as it now stands, there is a medical department organized for the Permanent Army, under the act of the 26th of February, 1861, entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," the chief of which is styled the Surgeon-General. The only legislation providing for medical officers for provisional troops is the ninth section of the act of 6th March, 1861, which enacts that when volunteers or militia are called into the service of the Confederate States in such law for the regular service, are not sufficient for * * * furnishing them with the numbers that the "officers of the Medical Department which may be authorized by requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress, as many additional officers of the said department as the service may require, not exceeding * * * one surgeon, and one assistant surgeon, for each regiment, * * * to continue in service only so long as their services may be required, in connection with the militia or volunteers."
There is an act of 14th August, 1861, on the same subject, but it confines the appointments authorized by it to such surgeons and assistant surgeons as may be necessary for the various hospitals.
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The third and fourth sections of the act now returned to you permit and require the assignment of a number of surgeons and assistant surgeons to military departments, to divisions, to brigade, and to infantry and cavalry regiments, largely in excess of the number allowed by the law just quoted, but no authority is given for the appointment of the increased number of medical officers, and it would be impracticable to execute the law unless by adopting the inadmissible construction that an authority to assign officers to duty implies an authority to appoint new officers. Such a construction would be the less justifiable in the present instance, because, in the second section, in which new officers are authorized, the language of the act directs appointments to be made, but in the third and fourth sections the language is changed and assignments only are permitted.
There is another omission in the act, which may give rise to pretensions prejudicial to the service. In declaring the rank to which the several medical officers shall be entitled in the Provisional Army, including those of brigadier-general, colonels, and lieutenant-colonels, no express exclusion is made of their right to command troops, as has wisely been done in the law which regulates their rank in the Regular or Permanent Army. The officers of the Medical Corps have long evinced the desire to have some right of command of troops in certain contingencies, and this command ought either to be expressly forbidden or the cases in which it may be exercised ought to be distinctly defined.
The chief objection to the bill, however, remains to be stated. The fifth section is designed to effect a most humane and desirable object, but its provisions are inadequate to the end proposed. The purpose of Congress is evidently to provide some additional means for the care of the sick and wounded of armies in the field. At present, after each battle, the wounded are necessarily left in such temporary quarters as can be procured in the vicinity, but on the movement of the Army most of the medical officers attached to it are compelled to follow, and the wounded are thus left with medical aid and attendance entirely insufficient for their relief.
The fifth section of the act provides for an infirmary corps of fifty men for each brigade, officered with one first and one second lieutenant, two sergeants, and two corporals, but no provision whatever is made for any additional medical officers, nor does the act provide for any control by medical officers over these infirmary corps, nor assign to these corps any fixed duties. Unless some provision be made on these points the present deficiency of surgical aid will continue to exist, and the infirmary corps will necessarily follow the army to which they are attached when it moves after a battle, or, if left behind, will be subject to the orders only of their own officers, who are not medical men, or conflicts will arise between these officers and the medical officers.
Entertaining the conviction, therefore, that this act in its present form, while entailing heavy expense, will fail in the beneficial effects contemplated by Congress, I deem it my duty to return it without my approval, but with the hope that some additional legislation may be devised to accomplish the purpose contemplated by its passage.
JEFFERSON DAVIS.
October 13, 1862.
Mr. Foote moved that the consideration of the same be postponed for half an hour.
Mr. Harris moved that the same be postponed until the third Monday in January and be printed; which was agreed to.
Mr. Foster moved that the rules be suspended to enable him to offer a resolution extending the session of Congress until Monday, the 21st [20th] of October, 1862.
Upon which Mr. Foote demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Ashe, Baldwin, Barksdale, Bell, Boteler, Boyce, Chilton, Clapp, Cooke, Currin, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Gentry, Goode, Graham, Gray, Harris, Hartridge, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lander, Lyon, Lyons, McQueen, McRae, Menees, Miles, Perkins, Pugh, Russell, Sexton, Vest, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
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Nays: Ayer, Batson, Chambers, Clark, Collier, Freeman, Garland, Garnett, Hanly, Heiskell, Herbert, Kenan of Georgia, McDowell, Royston, Smith of Alabama, and Wright of Tennessee.
So the rules were suspended, and the question being on agreeing to the resolution,
Mr. Foster demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Baldwin, Barksdale, Bell, Boteler, Boyce, Chilton, Clapp, Cooke, Currin, De Jarnette, Elliott, Farrow, Foote, Foster, Gentry, Goode, Graham, Gray, Harris, Hartridge, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lander, Lyon, Lyons, McQueen, McRae, Menees, Miles, Perkins, Pugh, Russell, Sexton, Vest, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Ayer, Batson, Chambers, Clark, Collier, Dupré, Freeman, Garland, Garnett, Hanly, Heiskell, Herbert, Kenan of Georgia, McDowell, Royston, Smith of Alabama, and Wright of Tennessee.
So the resolution was agreed to.
Leave of absence was granted Mr. Bonham, on account of sickness.
Mr. Clopton, from the Committee on Naval Affairs, to whom was referred a bill of the Senate entitled "An act to authorize the appointment of naval storekeepers," reported the same back, with the recommendation that it pass.
The bill was then taken up, read a third time, and passed.
Mr. Russell moved that the House take up from the table for consideration a bill to prohibit martial law in the Confederate States,
And demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Aver, Baldwin, Barksdale, Bell, Boteler, Boyce, Chambers, Chilton, Clapp, Clark, Collier, Cooke, De Jarnette, Elliott, Farrow, Foote, Foster, Garland, Garnett, Goode, Gray, Hartridge, Herbert, Kenan of North Carolina, Kenner, Lander, Lyon, McRae, Miles, Perkins, Ralls, Royston, Russell, Sexton, Vest, Welsh, and Wilcox.
Nays: Batson, Dupré, Freeman, Graham, Hanly, Harris, Heiskell, Hilton, Holt, Johnston, Jones, Lyons, McQueen, Menees, Pugh, Smith of Alabama, and Wright of Texas.
So the rules were suspended, and the bill was taken up, and the question being on the engrossment of the same,
Mr. Russell demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Baldwin, Bell, Boteler, Chambers, Chilton, Clark, Clopton, Collier, Cooke, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Garland, Garnett, Goode, Hanley, Hartridge, Herbert, Holcombe, McDowell, Perkins, Royston, Russell, and Welsh.
Nays: Batson, Boyce, Clapp, Dargan, Freeman, Gentry, Graham, Gray, Harris, Hilton, Holt, Johnston, Jones, Kenan of North Carolina, Kenner Lander, Lyon, Lyons, McQueen, McRae, Menees, Miles, Pugh, Ralls, Sexton, Vest, Wilcox, and Wright of Texas.
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So the bill was engrossed.
Mr. Dargan moved that the bill be laid upon the table; which was agreed to.
Mr. Foote moved that the House reconsider the vote by which the bill was laid upon the table.
Mr. Russell moved to lay said motion upon the table; 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 Senate have passed a bill of this House entitled
Messages were received from the President, by his Private Secretary, Mr. Harrison; which are as follows, to wit:
Mr. Speaker: The President of the Confederate States, on the 8th instant, approved and signed the following act:
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., October 3, 1862.
To the honorable the Speaker of the House of Representatives.
Mr. Speaker: The President of the Confederate States, on the 13th instant, approved and signed the following acts:
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., October 13, 1862.
To the honorable the Speaker of the House of Representatives.
Mr. Speaker: The President of the Confederate States has to-day approved and signed the following act:
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., October 13, 1862.
which were read and laid upon the table.
The Chair presented a communication from the President; which is as follows, to wit:
Richmond, Va., October 13, 1862.
I herewith transmit for your consideration communications from the heads of the several Departments, submitting certain estimates.
I recommend appropriations of the sums for the purposes specified.
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which was read and, with its accompanying documents, was referred to the Committee on Ways and Means.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows:
Mr. Speaker: The Senate have agreed to the resolution of this House to extend the present session of Congress to Monday, the 20th, at 12 o'clock m., with an amendment; in which I am directed to request the concurrence of this House.
The Chair presented an amendment of the Senate to the resolution of the House extending the time of the adjournment of Congress; which is as follows, to wit: Strike out the words "Monday, the twentieth instant, at twelve o'clock meridian," and insert in lieu thereof the words "this day at five o'clock postmeridian."
Mr. Jones demanded the question; which was ordered, and the amendment was concurred in.
Mr. Chambers, from the Committee on Enrollment, reported as correctly enrolled
An act to punish and repress the importation by our enemies of notes purporting to be notes of the Treasury of the Confederate States.
And the Speaker signed the same.
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 11th instant, approve and sign bills of the following titles, viz:
A message was received from the President, through the hands of Mr. Harrison, his Private Secretary, notifying the House that on the 11th instant he approved and signed the following bills:
A message was received from the President, through the hands of Mr. Harrison, his Private Secretary, announcing that he had approved and signed the following bills:
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill entitled "An act to authorize the grant of medals and badges of distinction as a reward for courage and good conduct on the field of battle;" also
An act to authorize the appointment of naval storekeepers.
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And the Speaker signed the same.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have disagreed to the amendments proposed by the House to the bills entitled
The Senate have agreed to the amendments proposed by the House to the amendments of the Senate to the bill entitled
Mr. Jones moved a call of the House.
The motion was lost.
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 has notified the Senate that he did, on the 13th instant approve and sign bills of the following titles, viz:
The Chair presented a bill of the Senate, amended by the House, and the amendments of the House disagreed to by the Senate, 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.
Mr. Chambers moved that the bill be taken up, the amendments of the House insisted on, and that the House tender a committee of conference to the Senate.
Mr. Jones moved a call of the House.
The motion was lost.
Mr. Chambers demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Baldwin, Barksdale, Batson, Bell, Boteler, Bridgers, Chambers, Clapp, Clark, Clopton, Collier, Cooke, Currin, Dargan, De Jarnette, Elliott, Farrow, Foster, Freeman, Garland, Gentry, Goode, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyons, McDowell, McRae, McQueen Miles, Perkins, Pugh, Royston, Russell, Smith of North Carolina, Vest, Welsh, and Mr. Speaker.
Nays: Boyce, Chilton, Dupré, Hanly, Herbert, Johnston, and Jones.
So the motion of Mr. Chambers prevailed.
The Chair announced as the managers on the part of the House at the conference Messrs. Chambers of Mississippi, Miles of South Carolina, and Hartridge of Georgia.
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The Chair also laid before the House a bill of the Senate entitled "An act fixing the seal of the Confederate States of America," with the amendment of the House, disagreed to by the Senate.
On motion of Mr. Boteler, the House insisted on its amendment, and tendered a committee of conference on the disagreeing votes of the two Houses.
The Chair announced as managers on the part of the House at said conference Messrs. Boteler of Virginia, Pugh of Alabama, and Harris of Missouri.
Mr. Harris moved a call of the House.
Mr. Foote demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Baldwin, Batson, Boteler, Bridgers, Chambers, Chilton, Clapp, Clark, Clopton, Cooke, Currin, De Jarnette, Dupré, Elliott, Farrow, Foster, Freeman, Goode, Gray, Hanly, Harris, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Lyons, McRae, McQueen, Menees, Miles, Perkins, Pugh, Royston, Smith of North Carolina, Vest, Welsh, and Mr. Speaker.
Nays: Ayer, Barksdale, Boyce, Collier, Kenan of Georgia, Kenner, McDowell, and Russell.
So a call of the House being ordered, the roll was called, and the following members answered to their names, to wit:
Ashe, Ayer, Baldwin, Barksdale, Batson, Bell, Boteler, Bridgers, Chambers, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Cooke, Currin, Dargan, De Jarnette, Dupré, Elliott, Farrow, Foster, Freeman, Goode, Gray, Hanly, Harris, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lyons, McDowell, McRae, McQueen, Menees, Miles, Perkins, Pugh, Royston, Russell, Smith of North Carolina, Vest, and Mr. Speaker.
On motion of Mr. Elliott, all further proceedings under the call were dispensed with.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate insist upon their disagreement to the amendments proposed by the House of Representatives to the bill of the Senate (S. 83) entitled "An act 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 twenty-sixth, eighteen hundred and sixty-one," and have appointed Mr. Wigfall, Mr. Clay, and Mr. Semmes the managers at the conference on the part of the Senate.
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.
On motion of Mr. Perkins, 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 half past 3 o'clock,
And having reassembled at the time appointed,
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The Chair laid before the House a message from the President; which is as follows, to wit:
Richmond, October 13, 1862.
I herewith transmit for your information certain estimates of the Secretary of the Treasury.
I recommend an appropriation of the amounts and for the purpose specified.
JEFFERSON DAVIS.
The Chair also presented a communication from the President, informing the House that
The President of the Confederate States has to-day approved and signed the following act:
Richmond, Va., October 13, 1862.
Messages were received from the Senate, by their Secretary, Mr. Nash; which are as follows, to wit:
Mr. Speaker: The Senate have passed, with amendments, a bill of this House entitled
In which amendments I am directed to ask the concurrence of this House.
They have also passed, without amendment, the following bills of this House:
Mr. Speaker: The President of the Confederate States has notified the Senate that he has this day approved and signed the following acts:
Mr. Speaker: The Senate have passed, with amendment, a bill of this House entitled
In which amendment I am directed to ask the concurrence of this House.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled the following bills:
And the Speaker signed the same.
The Chair laid before the House an amendment of the Senate to a bill of the House entitled "An act to increase and regulate the appointment of general officers in the Provisional Army."
On motion of Mr. Miles, the amendment of the Senate, which was to strike out the second section thereof, was taken up, and the same was agreed to.
On motion of Mr. Royston, a call of the House was ordered, and the following members answered to their names:
Ashe, Ayer, Baldwin, Batson, Bell, Boteler, Boyce, Bridgers, Chambers, Clark, Cooke, Farrow, Foster, Garland, Garnett, Harris, Hartridge, Heiskell, Herbert, Holt, Johnston, Jones, Kenan of Georgia, Kenner, McRae, McQueen, Miles, Perkins, Pugh, Royston, Russell, Sexton, Smith of North Carolina, Vest, Welsh, and Mr. Speaker.
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On motion of Mr. Holt, all further proceedings under the call were dispensed with.
A message was received from the President, by his Private Secretary, Mr. Harrison, notifying the House that he had to-day approved and signed the following bill, entitled
An act to increase and regulate the appointment of general officers in the Provisional Army.
Messages were received from the Senate, by their Secretary, Mr. Nash; which are as follows, to wit:
Mr. Speaker: The Senate have passed a joint resolution (H. J. Res. 21) in regard to retaliation.
The Senate have adopted the following resolution, viz:
"Resolved, That a committee of three he appointed to act with a like committee on the part of the House, to wait upon the President of the Confederate States of America and inform him that Congress will adjourn this day at five o'clock postmeridian, and to ask the President if he has any further communication to make to Congress;"
and have appointed Mr. Sparrow, Mr. Barnwell, and Mr. Henry as the committee on their part.
Mr. Chambers, from the committee of conference, reported as follows, to wit:
Mr. Speaker: The committee on the part of the House appointed to confer with a committee on the part of the Senate on the disagreeing votes of the two Houses on a bill to be entitled "An act to amend an act entitled 'An act for the establishment and organization of a general staff for the Army of the Confederate States,' approved February twenty-sixth, eighteen hundred and sixty-one," beg leave to report that they have conferred with the committee on the part of the Senate and are unable to agree.
A message was received from the Senate, by their Secretary, Mr. Nash: which is as follows:
Mr. Speaker: The Senate adhere to their disagreement to the amendments of this House to the bill (S. 83) entitled "An act 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 twenty-sixth, eighteen hundred and sixty-one."
The Senate insist upon their disagreement to the amendments proposed by the House to the bill (S. 102) entitled "An act establishing the seal of the Confederate States of America," and agree to the committee of conference proposed by the House, and have appointed Mr. Semmes, Mr. Orr, and Mr. Preston as managers on their part at said conference.
Mr. Lyons, from the joint committee appointed to wait upon the President and inform him that the House would adjourn at 5 o'clock p. m. to-day, reported that the committee had performed the duty assigned to them.
Mr. Boteler, from the committee of conference on the disagreeing votes of the two Houses on a bill of the Senate entitled "An act to establish a seal for the Confederate States of America," reported that the committee on the part of the House had met and conferred with the committee on the part of the Senate and was unable to agree.
Mr. McQueen, by consent of the House, introduced the following resolution, to wit:
Resolved, That the President be requested to communicate to this House at the commencement of the next session of Congress, if not, in his opinion, incompatible with the public interest, all the information that he maybe able to obtain relative to the telegraphic companies in the Confederate States; the names of said campanies, the date of their formation, and whether incorporated or otherwise, the names of the presidents and directors of said companies and when and by whom elected, the capital stock of each of said companies and the amounts held, respectively, by citizens of the Confederate States and by alien enemies thereof, the amount of earnings of
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said companies since April fifteenth, eighteen hundred and sixty-one, and how and where said earnings have been disposed of, the amount expended by the Government in the construction and repair of telegraphic lines and salaries of agents and operators, and the revenue derived therefrom, the amounts paid by the different Departments of Government since April fifteenth, eighteen hundred and sixty-one, for tolls on telegraphic dispatches, and such other information as may be deemed useful in determining the policy and practicability of merging the telegraph into the posts system of the Confederate States;
which was read and agreed to.
Mr. Elliott, from the Committee on Enrollment, reported as correctly enrolled
An act to increase and regulate the appointment of the general officers in the Provisional Army.
And the Speaker signed the same.
A message was received from the President, by his Private Secretary, Mr. Harrison, informing the House that he had approved and signed to-day
An act to increase and regulate the appointment of general officers in the Provisional Army.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate adhere to their disagreement to the amendment of this House to the bill (S. 102) entitled "An act establishing the seal of the Confederate States of America."
The Chair laid before the House sundry amendments of the Senate to a bill of the House entitled "An act to provide for the temporary organization of forces for the Provisional Army of the Confederate States in the States or parts of States which are invaded and occupied by the forces of the enemy."
Mr. Bell moved that the rules be suspended and the amendments of the Senate taken up for consideration, and demanded the yeas and nays thereon.
The yeas and nays were ordered,
Yeas: Ashe, Ayer, Baldwin, Batson, Bell, Boteler, Boyce, Bridgers, Chambers, Chilton, Clapp, Clark, Clopton, Cooke, Currin, Farrow, Foote, Foster, Freeman, Garland, Goode, Graham, Gray, Hartridge, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyons, McQueen, Menees, Miles, Perkins, Pugh, Ralls, Royston, Russell, Sexton, Vest, and Mr. Speaker.
Nays: Barksdale, Garnett, Hilton, Holt, McRae, Smith of North Carolina, and Welsh.
So the rules were suspended, and the amendments taken up for consideration.
Pending which,
The hour having arrived for the adjournment of Congress,
The Speaker announced the House adjourned sine die.
SECRET SESSION.
The House being in secret session,
Mr. Chambers, from the Committee on Enrollment, reported as correctly enrolled
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A bill to be entitled "An act to provide for the building of a vessel of war."
And the Speaker signed the same.
The Chair presented a message from the President; which is as follows, to wit:
To the House of Representatives of the Confederate States of America:
I return herewith unsigned an act for the building of a vessel of war, which originated in your body. This act authorizes the Secretary of the Navy to build, arm, and equip with the least possible delay, if practicable by contract with the inventor, otherwise directly by the Department, one vessel of war on the plan of Robert Creuzbaur, for ocean and river service, drawings of which, with suitable explanations, are deposited in said Department.
On a fair construction of the terms of this act, no discretion is allowed the Secretary to decline building the vessel described, and it will be his duty, if the act becomes a law, to proceed in the construction. The plan proposed by the inventor has been three times examined by different officers of the Navy Department deemed fully competent to decide on such subjects, none of whom have recommended the construction, but have reported "that it is inexpedient to build such vessels at the present time, when the whole available force and materials at the command of the Department should be applied to the construction of vessels of acknowledged efficiency."
In a report by a number of eminent naval officers it is further stated "that nothing has been done to prove the alleged claims to the speed, invulnerability, and efficiency of the vessel in either or all of which we have no confidence."
As it is not probable that Congress was aware of the facts above stated, I deem it my duty to return the bill, in order that you may take such further action on the subject as is deemed by you advisable, and with a full knowledge that the plan proposed is not approved by the Executive Department charged with the supervision of such subjects.
JEFFERSON DAVIS
Mr. Herbert moved to postpone the further consideration of the bill until the third Monday in January next.
Mr. Clapp called the question; which was ordered, and the motion to postpone prevailed.
A message was received from the Senate; by the hands of the Secretary of that body, Mr. Nash; which is as follows, to wit:
The Senate have passed, without amendment, the bill entitled "An act to provide for the defense of the Tennessee and Cumberland rivers."
Mr. Chambers, from the Committee on Enrollment, reported as correctly enrolled
A bill to provide for the defense of the Tennessee and Cumberland rivers.
And the Speaker signed the same.
A message was received from the President, by his Private Secretary, Mr. Harrison, informing the House of Representatives that the President had to-day approves and signed
An act for the defense of the Tennessee and Cumberland rivers.
And on motion,
The House resolved itself into open session.
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