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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 --ELEVENTH DAY--SATURDAY, March 1, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Ford.
The Chair laid before the House a communication from the President; which was read and laid upon the table, and is as follows, to wit:
To the Speaker of the House of Representatives:
In response to the resolution of the House of Representatives of the 19th instant asking for "the report of Maj. Gen. Thomas J. Jackson, respecting the recent operations of the division under his command in the Valley District of Virginia;" also "the report of Col. George W. Lay, inspector-general of the Department of Northern Virginia, as to the condition of the command in the Valley District," I have to state that upon examination of the files of the War Department it appears that no such report from Major-General Jackson as that called for has reached that Department, and that the report of Colonel Lay was made without actual inspection on his part of the Army at Romney, then under the immediate command of General Loring, and only gives, in relation to it, such information as he received from officers at Winchester.
The usual and generally necessary practice is to consider inspection reports as confidential. It would frequently happen that the publication of such reports would needlessly wound the feelings of officers and would promote discord and heart-burnings among the troops.
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The present instance forms no exception to the general rule, and it is believed that the public interest would receive detriment from the communication of the report which is called for. Justice to the parties concerned would require that much more should be communicated than the report, if it were submitted.
JEFFERSON DAVIS.
The Chair also laid before the House a communication from the President; which was read and laid upon the table, and is as follows, to wit:
To the Speaker of the House of Representatives:
In response to the resolution of the House of Representatives requesting the President to furnish the report of Col. Walter H. Jenifer of the battle of Leesburg, I have to state that a copy of General Evans' report of that battle, with all the accompanying papers, including the report of Col. Walter H. Jenifer, was sent with the report of the Secretary of War in December last to the Congress, and it is supposed that the notice of this fact will be accepted by you as a satisfactory compliance with the resolution above described.
JEFFERSON DAVIS.
The Speaker made a report from the Committee on Rules; which was laid on the table and ordered to be printed.
The report is as follows, viz:
The Speaker shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the House to order; and a quorum being present, shall cause the Journal of the preceding day to be read. Any mistakes in the entries shall, upon motion, then be corrected.
He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House. He shall rise to put a question, but may state it sitting.
Questions shall be distinctly put in the following form, viz: "As many as are of opinion that, etc. (as the question may be), say Aye," and after the affirmative vote is given, "As many as are of a contrary opinion say No." If the Speaker doubts, or a division is called for, the House shall divide; those in the affirmative of the question rising first from their seats, and afterwards those in the negative.
The Speaker shall have power to supervise and correct the Journal before it is read. He shall have a general direction of the Hall, with power, in case of disturbance or disorderly conduct in such part thereof as may be appropriated to spectators, to have the same cleared. He shall have power likewise to name any member to perform temporarily the duties of the Chair, but such substitution shall not extend beyond an adjournment. During such substitution he may participate in the debates.
All acts, addresses, and joint resolutions shall be signed by the Speaker, and all writs, warrants, and subpoenas issued by the order of the House shall be under his hand and seal, attested by the Clerk.
The Clerk of the House shall take an oath, to be administered by the Speaker, to support the Constitution of the Confederate States, and for the true and faithful discharge of the duties of his office to the best of his knowledge and abilities; and also
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to keep the secrets of the House; and he shall be deemed to continue in office until his successor is appointed unless sooner dismissed therefrom. It shall be his duty to keep and preserve all records and other papers introduced and submitted to the consideration of the House, to furnish to the chairman of each committee a list of the members thereof, and from time to time such papers as may be referred to it, and a copy of all orders of instruction given by the House to such committee. And in all things he shall perform his duty as Clerk, under the direction of the Speaker.
The Doorkeeper shall take the same oath with the Clerk, shall have the same tenure of office, and shall in like manner discharge the duties assigned him by the House, under the direction of the Speaker.
When a member rises to speak, he shall respectfully address, "Mr. Speaker," standing in his place; he shall confine himself strictly to the question before the House, and when he has finished he shall sit down.
In any one debate on the same question, no member shall speak more than once, till all others have spoken, who desire to do so, nor more than twice without the consent of a majority of the members present.
When two or more members rise at the same time, the Speaker shall name the person to speak; but in all cases the member who shall first rise and address the Chair shall speak first.
No member shall, in debate, use any language reflecting injuriously upon the character, motives, honor, or integrity of any other member.
No member shall speak to another, or otherwise interrupt the business of the House, while the Journal or public papers are being read, or while any member is speaking in debate, or during the call of the roll.
If any member, in speaking, transgress the rules of the House, the Speaker shall, or any member may, call to order, in which case the member called to order shall immediately take his seat, unless permitted to explain, and the House, if appealed to, shall decide the case without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, be shall not proceed, except by leave of the House. For flagrant or repeated violations of order, especially if persisted in after the admonition of the Speaker, a member shall be liable to the censure of the House.
If any member be called to order by another member for words spoken, the words excepted to shall be immediately taken down in writing, in order that the Speaker and the House may be better able to judge the matter.
Every member who shall be in the House when the question is put, shall give his vote, unless the House, for special reasons, shall excuse him. It shall not be in order to ask to be excused after the vote has commenced, nor upon motions to adjourn, to adjourn over, and the like. No member shall vote on any question in the event of which he is particularly and immediately interested.
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Any member shall have a right to vote at any time before the decision is pronounced by the Chair.
No member shall absent himself from the service of the House, unless he have leave, or be sick or unable to attend.
Any ten members (including the Speaker, if there be one, and he be present) shall be authorized to compel the attendance of absent members.
Upon the call of the House, the names of the members shall be first called over by the Clerk, and the absentees noted; after which the names of the absentees shall again be called over; the doors shall then be shut, and those for whom no excuse, or insufficient excuses are made, may, by order of those present, if ten in number, be taken into custody as they appear, or may be sent for and taken into custody, wherever to be found, by special messengers, to be appointed for that purpose.
When a member shall be discharged from custody, and admitted to his seat, the House shall determine whether such discharge shall be with or without, paying fees; and in like manner, whether a delinquent member, taken into custody by a special messenger, shall or shall not be liable to defray the expense of such special messenger.
Every motion or proposition shall be reduced to writing, if desired by the Speaker or any member, and shall be delivered in at the Clerk's table, to be there read. And the question shall be stated by the Chair before the same shall be debated.
Any motion or proposition may be withdrawn by the mover at any time, before a decision, amendment, or other action of the body upon it, except a motion to reconsider, which shall not be withdrawn without leave of the House.
When a question is under debate, no motion (except as may be specifically provided for) shall be received but to adjourn; to lie on the table; to postpone indefinitely; to postpone to a day certain; to commit or amend; which several motions shall have precedence, in the order in which they stand arranged.
If the question for decision contain several parts, any member may have the same divided; but, on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent proposition simply to strike out; nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.
Every joint resolution or bill requiring the signature of the President shall receive three readings in the House previous to its being passed, the Speaker giving notice at each reading whether it be the first, second, or third. The first reading of a bill or joint resolution shall be for information, and if opposition be made to it, the question shall be propounded "Shall the bill or resolution be rejected?" If no objection be made, or if the question on rejection be decided in the negative, the bill or resolution shall go to a second reading without a question.
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After second reading, all such matters, unless the previous question be ordered, shall be open to amendment in the House, but it shall be in order in that state of proceedings for any member to move that the House resolve itself into Committee of the Whole for the purpose of considering it.
If the motion to go into Committee of the Whole shall prevail, the measure shall be taken up for immediate consideration, and nothing else shall be in order in said committee. If the committee rise before the consideration of the measure shall be concluded, the same shall be reported back and have place as unfinished business in the House, but as soon as it shall be again reached in order, unless it be otherwise disposed of, the House shall stand again resolved into Committee of the Whole, and so on, till the consideration of the measure therein be fully concluded.
Whereupon the committee shall be considered as dissolved, and the chairman shall report the measure back to the House, with the recommendation of the committee. The final question on any matter which shall have been considered in Committee of the Whole or by the House after second reading, shall be, "Whether shall be engrossed and read a third time?"
And no amendment shall be received after the engrossment fore third reading has been ordered. But it shall at all times be in order before the final action on any matter to move its commitment, and should such commitment take place, and amendment be reported by the committee, the whole shall he again read a second time and considered in like manner as if it had not before been engrossed.
All appropriation bills and bills laying a tax upon the people shall be considered and matured in Committee of the Whole. The mode of proceeding in Committee of the Whole shall be to read over the bill or other matter at length for information, if desired by any member, and then to read it again by sections or clauses for amendment. The rules of the House shall be enforced in Committee of the Whole so far as applicable. The question may be called on the pending proposition, but the previous question shall not be ordered in Committee of the Whole.
A motion to lay any amendment on the table prevailing, shall carry with it only the amendment and not the original proposition or matter. And no motion or proposition different from that under consideration stroll be admitted under color of amendment.
After a bill (or other matter) has been ordered to be engrossed, and it has been read a third time, the question shall be, "Shall the bill (or other matter, whatever it may be) now pass?"
The title of bills and joint resolutions submitted to the House, and such parts thereof only as may be affected by proposed amendments, shall be inserted on the Journal.
When the previous question is called, the main question shall not be put, unless ordered by two-thirds of the members present; but upon the call for the question, made by any member, if the same be seconded by a majority of those present, the vote shall be immediately taken on the pending question, whatever it may be, without further debate.
The form of the previous question shall be, "Shall the main question be now put?" and if ordered, its effect shall be to put an end to all debate and bring the House to a direct vote, first, on the motion to commit, if pending, then on pending amendments, and then upon the main question. If upon the call for the previous question the main question be not ordered, debate shall continue as if the demand had been made.
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The motion to adjourn, and to fix the time to which the House shall adjourn, shall always be in order. These motions and the motion to lie on the table, and the motion to go into Committee of the Whole, and for the previous question, shall be decided without debate.
When the reading of any paper, in possession of the House, and not being the precise matter upon which the House is acting, is called for, and objection is made by any member, the question shall be determined by a vote of the House without debate.
The yeas and nays on any question in Committee of the Whole and in the House may be called for at any time before proceeding to another question or proposition, but being once refused, they shall not be again demanded on the same question. taking the yeas and nays the list of members shall be called alphabetically, except that the Speaker shall be called last.
All committees shall be appointed by the Speaker, unless otherwise specially directed by the House, in which case they shall be appointed by ballot, and a plurality of votes shall prevail.
At the beginning of every Congress standing committees shall be appointed as follows, viz:
The following to consist of nine members each, to wit:
The following to consist of five members each, to wit:
The following to consist of three members, to wit:
Also, the joint committees provided for in the rules of the two Houses, viz:
No committee shall sit during the sessions of the House, nor employ a clerk at the public expense, without special leave of the House.
When the House shall go into Committee of the Whole, the Speaker may vacate the chair and call some member to preside in committee. All questions in the House and in Committee of the Whole shall be propounded in the order in which they were moved, if consistent with parliamentary law, except that in filling blanks the longest time and the largest sum shall first be put.
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The order of business for the day, after the reading of the Journal, shall be as follows:
At least one hour each day shall be set apart for the call of the States and committees, and the regular order shall in no event interfere therewith; and special orders shall not do so unless the intention of the House in that respect be clearly expressed.
The rules shall not be suspended, nor any special order made, nor the regular order of business changed, except by a vote of two-thirds of the members present, but a majority shall have power, at any time, to postpone the particular matter under consideration with a view to take up some other measure.
When a question has once been made and carried in the affirmative or negative, a motion to reconsider shalt be entertained on motion of any member who voted with the prevailing side, provided it be made on the same day on which the vote was taken, or within the next two days of actual session. The motion to reconsider may be entered as a matter of privilege, and its consideration shall take precedence of everything except special orders and other questions of privilege.
All questions of order shall be decided by the Speaker without debate, subject to an appeal to the House. If the decision relate to a question of decorum, or propriety of conduct, it shall not be debatable. If it relate to the priority of business, or the relevancy or applicability of propositions, the appeal may be debated, but no member shall speak on it more than once, except by leave of the House.
Whenever any matter is under consideration, a motion to print shall always be in order, unless cut off by a call for the question or the previous question, but all motions to print extra copies of any bill, report, message, or other documents shall be referred to the Committee on Printing.
Stenographers and reporters for the press wishing to take down the proceedings of the House may be admitted by the Speaker, who shall assign to them such places on the floor as shall not interfere with the convenience of the members when in open session.
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On motion made and seconded to go into secret session, the Speaker shall forthwith order the Hall to be cleared and the doors to be closed, but as soon as the business for consideration in secret session is disclosed, the question shall be propounded to the House, if demanded by any member, "Shall this matter be considered in secret session?" If a majority shall vote in the negative, the House shall immediately resume open session, and business shall proceed in order.
The House being in secret session, the same order of business shall prevail which is prescribed for the House in open session, except that a majority in secret session shall have power to change such order and determine what shall first be taken up.
Any officer or member of the House of Representatives convicted of disclosing any matter directed by the body to be held in confidence shall be liable, if an officer, to dismissal from service, and in case of a member, to suffer expulsion from the body.
No motion or proposition shall be made to change these rules, unless two days' notice of the intention to make such motion or proposition shall first be given, and such motion or proposition shall not be passed unless by a vote of two-thirds of the members present.
These shall be the rules of the House of Representatives until otherwise ordered.
Mr. Lyon presented the memorial of sundry citizens of Sumter County, Ala., in relation to a daily mail; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Clopton introduced
A bill to be entitled "An act to provide for granting furloughs in cases of sickness;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Garland introduced
A bill to be entitled "An act to provide for the payment of pensions in the Confederate States of America and the Indian tribes under their protection;"
which was read the first and second times and referred to the Committee on Ways and Means.
Mr. Trippe presented the memorial of sundry citizens of Griffin, Ga., in relation to Sunday mails; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Jones of Tennessee moved that the vote by which the bill introduced by Mr. Garland was referred to the Committee on Ways and Means be reconsidered.
The motion was lost.
Mr. Perkins introduced
A bill to authorize the President to send additional commissioners to foreign nations;
which was read the first and second times and referred to the Committee on Foreign Affairs.
Mr. Kenner introduced
A resolution that the Committee on Naval Affairs be instructed to
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inquire into the expediency of establishing a naval depot at or near the city of New Orleans;
which was agreed to.
Mr. Marshall presented a certain joint resolution of the general assembly of Louisiana in reference to establishing a tri-weekly mail coach line from Natchitoches to Monroe; which was read and referred to the Committee on Post-Offices and Post-Roads.
Mr. McRae introduced
A bill to levy a war tax on cotton produced in the year 1862; which was read the first and second times and referred to the Committee on Ways and Means.
Mr. Welsh introduced
A resolution that the Committee on Military Affairs be instructed to inquire into the best mode of ascertaining the number and condition of extra arms now in the various companies of the different regiments in the service of the Confederate States, and report by bill or otherwise the steps necessary to be taken in order to bring said extra arms into immediate service;
which was agreed to.
Mr. Bell introduced
A bill to be entitled "An act to increase the efficiency of the Cavalry Corps;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Cooke moved to take up a resolution from the Senate pledging the Government to maintain the territorial integrity of the Confederacy.
The motion was lost.
Mr. Swan introduced
A bill to authorize the appointment of commissioners to represent the Confederate States of America at the Industrial Exhibition to be opened at London May 1, 1862;
which was read the first and second times and referred to the Committee on Foreign Affairs.
Mr. Heiskell introduced
A bill to aid the manufacture of arms;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Foote introduced
A resolution that the President be requested to communicate to this House any information which he may possess touching the presence of certain foreign vessels in the waters of the Chesapeake Bay at this time, and especially whether these vessels are probably here for the purpose of exporting cotton or tobacco from the Confederate States; which was read and referred to the Committee on Foreign Affairs.
Mr. Sexton offered
A resolution that the Committee on the Judiciary be instructed to inquire whether the law now in force to provide for the issue of Treasury notes, and levying a war tax for their redemption, approved August 19, 1861, is not in conflict with the Permanent Constitution of the Confederate States; and if so, what legislation is necessary to render its provisions conformable thereto, and to report by bill or otherwise;
which was agreed to.
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Mr. Herbert introduced
A bill to provide for connecting the Texas and New Orleans Railroad with the New Orleans and Opelousas Railroad for military purposes; which was read the first and second times and referred to the Committee on Military Affairs.
Also, a bill to repeal an act for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States; which was read the first and second times and referred to the Committee on the Judiciary.
Also, a joint resolution relating to the estates, property, and effects of alien enemies; which was read the first and second times and referred to the Committee on the Judiciary.
Also, a bill to provide for transferring from the district courts of the Confederate States of America to the proper State courts all suits between citizens of different States, and to repeal in part the tenth and forty-seventh sections of an act to establish the judicial courts of the Confederate States of America; which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Goode offered
A resolution that the Committee on Military Affairs be instructed to inquire and report as soon as possible what legislation, if any, is necessary to provide a more perfect system of passports than that existing at present;
which was read and agreed to.
Also, a resolution that the Committee on Claims be instructed to inquire into the expediency of providing for the payment of the balance due those persons in the Confederate States who were engaged in behalf of the late United States in taking the census of 1860; which was agreed to.
Mr. Staples presented the memorial of Catherine Miller in reference to a deed to a house and lot, etc.; which was referred to the Committee on Claims, without being read.
Mr. Kenner, by the unanimous consent of the House, reported from the Committee on Ways and Means the following resolution:
Resolved, that the Clerk of this House be instructed to purchase one thousand dollars worth of stationery to be distributed equally among the mere bern of the House. Also, to purchase a supply of stationery and books necessary to the carrying on the business of his office, and that the same be paid out of the contingent fund of the House;
which was read and agreed to.
Mr. Foote, from the Committee on Foreign Affairs, by the consent of the House, reported back
A bill to prohibit the importation of articles the produce and manufacture of the United States, or of other nations from the United States into the Confederate States,
and moved that it be printed and made the special order for 1 o'clock on Monday; which was agreed to.
Congress [The House] then resolved itself into secret session.
SECRET SESSION.
The House being in secret session, took up the unfinished business of yesterday, viz: The bill authorizing the President to appoint a commander in chief.
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The question being upon the amendment offered by the Committee on Military Affairs to strike out all after the enacting clause; which is as follows, to wit:a
[Note a: a Not recorded in the Journal.]
Mr. Foote moved to amend the amendment by adding the following as an additional section, viz:
Be it further enacted, That the duties now performed by the Secretary of War shall be performed by said commanding general, except such ministerial duties as he shall deem it best to devolve upon the principal Secretary of the Department hereby created, and that henceforth and until the termination of the pending struggle arms the office of Secretary of War be discontinued.
The following message was received from the Senate by their Secretary, viz:a
And insert in lieu thereof the following words, to wit:
Mr. Foote moved that the House go into open session.
The motion was lost.
On motion of Mr. Foote, the bill to * * * was made the special order of the day for Tuesday next.
On motion of Mr. Foote,
The House adjourned until Monday at 11 o'clock a. m.
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