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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 --THIRTEENTH DAY--TUESDAY, March 4, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Ford.
Mr. Chilton offered
A resolution that the Committee on the Judiciary inquire into the expediency of equalizing the salaries of the several judicial officers of the Confederate States and of giving said officers fixed salaries instead of allowing them the salaries now provided by law.
Mr. Foote demanded the question; which was seconded, and the resolution was adopted.
Mr. Foster offered
A resolution that a committee consisting of five be appointed by the Speaker, whose duty it shall be to inquire into the expediency of attaching to such regiments as may or shall be formed and armed with shotguns and rifles one or more batteries of field artillery, and report, by bill or otherwise, to this House, and also what appropriation may be necessary to effect the same.
Mr. Foote demanded the question; which was seconded, and the resolution was agreed to.
The Chair announced the following as the committee:
Messrs. Foster of Alabama, Bonham of South Carolina, Garnett of Virginia, Wright of Georgia, and Davis of Mississippi.
Mr. Royston moved to take up for consideration a resolution limiting the legislation of the House. The motion was lost.
Mr. Hilton introduced
A bill to increase the pay of the noncommissioned officers and privates in the Army of the Confederate States;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Holt offered a memorial for the establishment of a post-office at Pine Knot Mills, Ga.; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
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Also, a resolution that, from and after the 10th instant, no new matter be offered for the action of this House except by a vote of two-thirds, save such matter as has exclusive reference to finance and in prosecution of the war.
Mr. Miles called the question; which was seconded.
The resolution was lost.
Mr. Dupré introduced
A bill to make Treasury notes a legal tender;
which was read the first and second times and referred to the Committee on the Judiciary.
Also, a resolution that hereafter a majority of the House shall be required to go into secret session.
The rules were suspended, and the resolution was taken up.
Mr. Foote moved to postpone the consideration of the resolution and make it the special order for 3 o'clock.
The motion was lost.
Mr. Gardenhire called the question; which was seconded,
And the same being on agreeing to the resolution,
Mr. Gray demanded the yeas and nays;
The demand being sustained,
Yeas: Barksdale, Boyce, Breckinridge, Horatio W. Bruce, Chrisman, Clapp, Clopton, Dupré, Foote, Foster, Gardenhire, Garnett, Gray, Hanly, Holt, Kenner, Marshall, Miles, Preston, Pryor, Ralls, Read, Sexton, Smith of North Carolina, Villeré, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.
Nays: Arrington, Ashe, Baldwin, Batson, Bocock, Bonham, Boteler, Burnett, Chambliss, Chilton, Clark, Conrad, Crockett, Currin, Curry, Davidson, Dawkins, De Jarnette, Elliott, Ewing, Farrow, Gaither, Garland, Gartrell, Goode, Heiskell, Hilton, Holcombe, Jenkins, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McDowell, McLean, McRae, McQueen, Menees, Moore, Munnerlyn, Perkins, Royston, Russell, Smith of Alabama, Smith of Virginia, Staples, Strickland, Swan, Tibbs, and Trippe.
The resolution was lost.
On motion of Mr. Welsh, leave of absence was granted to Mr. Chambers, on account of sickness in his family.
Mr. McDowell offered
A resolution that the President be requested to furnish this House with copies of the reports of the battle of Roanoke Island, if not deemed incompatible with the public interest;
which was agreed to.
Mr. Bonham introduced
A bill to regulate the destruction of property under military necessity;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Miles introduced
A bill to organize a transport train for the Army of the Confederate States of America;
which was read the first and second times and referred to the Committee on Military Affairs.
Also, a resolution that the Committee on Commerce be instructed to
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inquire into the expediency of making Augusta, Ga., a port of entry and delivery for goods which may be imported through Charleston, S.C.; which was agreed to.
Mr. Bonham offered the following resolution:
Resolved by the Senate and House of Representatives, That a committee of six, to be composed of three members of this House and a similar number from the Senate, be appointed, whose duty it shall be to confer with the President and ascertain from him what measures, in his judgment, this Congress can adopt to aid the Executive in affording the promptest possible protection to all Southern territory, including the States of Maryland, Kentucky, and Missouri; and that the information be communicated in secret session;
which was agreed to.
Mr. Foote offered
A resolution that hereafter one-fifth of the members present shall be required to second a motion to go into secret session, provided no debate shall be in order upon the motion to go into secret session.
A message was received from the Senate, by their Secretary, Mr. Nash, to wit:
Mr. Speaker: The President of the Confederate States has advised the Senate that he has approved and signed the following acts, to wit:
The hour having arrived for the special order,
Mr. Pryor moved to postpone the same until 1 o'clock to-morrow.
The motion was agreed to.
Mr. Ralls called the question upon agreeing to the resolution offered by Mr. Foote; which was seconded.
Mr. Foote demanded the yeas and nays;
Which were recorded,
Yeas: Barksdale, Bell, Boyce, Breckinridge, Horatio W. Bruce, Clapp, Clark, Clapton, Davis, Dupré, Foote, Foster, Gardenhire, Garnett, Graham, Gray, Hanly, Hilton, Holt, Kenner, Marshall, Miles, Preston, Pryor, Read, Sexton, Smith of North Carolina, Staples, Trippe, Villeré, Welsh, Wright of Georgia, and Wright of Texas.
Nays: Arrington, Ashe, Baldwin, Batson, Bocock, Bonham, Boteler, Burnett, Chambliss, Chilton, Chrisman, Conrad, Cooke, Crockett, Currin, Curry, Dargan, Davidson, Dawkins, De Jarnette, Elliott, Ewing, Farrow, Gaither, Garland, Gartrell, Goode, Heiskell, Herbert, Holcombe, Jenkins, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McDowell, McRae, McQueen, Menees, Moore, Munnerlyn, Perkins, Pugh, Ralls, Rayston, Russell, Singleton, Smith of Alabama, Smith of Virginia, Strickland, Swan, and Tibbs.
The resolution was not agreed to.
Mr. Currin introduced
A bill to amend an act concerning the transportation of soldiers and allowance for clothing of volunteers, and amendatory of the act for the establishment and organization of the Army of the Confederate States; which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Gray moved to make the report from the Committee on Rules,
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reporting rules for the government of the House, the special order for 12 o'clock to-morrow.
The motion prevailed.
Mr. Russell introduced
A bill to provide for calling forth the militia to repel invasion;
which was read the first and second times and referred to the Committee on Military Affairs.
Also, a joint resolution relating to the manner of paying members of the Provisional Congress the arrearages of their pay and mileage; which was read the first and second times.
The resolution was taken up, and having been read as follows, viz:
Resolved by the Senate and House of Representatives, That the pay and mileage of members of the Provisional Congress, who have not been paid, may be paid upon certificates signed by the Speaker of the House of Representatives, on the recommendation of the House Committee on Pay and Mileage, out of any money appropriated for that purpose,
Mr. Curry moved to amend as follows, to wit:
Provided, That no member of the Provisional Congress who is a member of this Congress shall be entitled to constructive mileage.
The amendment was agreed to; and the resolution was engrossed as amended, read the third time, and passed.
Mr. Jenkins presented the memorial of W. T. Meadows, asking relief for losses by the enemy; which was referred to the Committee on Claims, without being read.
Mr. Garnett offered
A resolution that the President be requested to direct the reports of the Secretary of the Treasury and of the Postmaster-General, referred to in his recent message, to be laid before Congress as soon as possible, together with estimates for all the departments for the service of the next fiscal year; and also to inform the House what further measures, if any, he would recommend for the consideration of Congress as in his judgment necessary and expedient;
which was agreed to.
Also, a resolution that the President be requested to communicate to the House in secret session, from accurate returns which he will cause to be made, the total number of soldiers, whether infantry, cavalry, or artillery, received into the service of the Confederate States since the commencement of the war, and the total number now in their service; also the total number of muskets and rifles, whether in possession of the Government or in possession of the armies in the field and not in the hands of the soldier; and that he be also requested meanwhile to give the House as near an approximation to the said returns as the present information of the War Department will enable him; which was agreed to.
Mr. Gardenhire presented the memorial of James Glasscock, asking for pay; which was referred to the Committee on Claims, without being read.
Mr. Russell offered
A resolution that the Committee on Printing be instructed to inquire into the propriety of electing a printer to both Houses of Congress;
which was read and referred to the Committee on Printing.
Mr. Boteler presented a memorial from John F. Wall in reference
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to damage done to his property by Confederate troops; which was referred to the Committee on Claims, without being read.
Also, a resolution that all memorials, resolutions, etc., referred to the Committee on Claims of the Provisional Congress be withdrawn from the files of said committee and referred to the Committee on Claims of this House; which was read and agreed to.
Mr. Smith introduced
A bill for the enlistment of cooks in the Army;
which was read the first and second times and referred to the Committee on Military Affairs.
Also, a resolution that for and during one week from the passage of these resolutions no member shall speak more than fifteen minutes on any subject, at the expiration of which period it shall be the duty of the Speaker to announce the fact, when the member shall take his seat; that no member shall speak more than once on the bill before the House until all others desiring to speak thereon shall have done so; that a member, having once spoken, shall not acquire a right again to do so by offering an amendment to the bill under consideration; that the antecedents of members, whether of opinion or conduct, illustrating in no degree the soundness of a measure and tending to give a personal and acrimonious character to the debates of this body, alike inconsistent with its peace, harmony, and dignity, must not be referred to, and if done, it shall be the duty of the Speaker promptly to call the offending member to order.
Upon which he called the question;
Which being seconded,
Mr. Conrad called for a division of the question; and
The vote being upon the first resolution,
Mr. Garnett demanded the yeas and nays;
Which being ordered, the vote was taken,
Yeas: Ashe, Batson, Bonham, Breckinridge, Burnett, Clapp, Clark, Clopton, Currin, Dargan, Davis, Dawkins, Dupré, Farrow, Foote, Foster, Gardenhire, Garland, Gartrell, Graham, Gray, Heiskell, Hilton, Holcombe, Holt, Jones, Lander, Lyon, Machen, McDowell, McLean, McRae, McQueen, Menees, Munnerlyn, Preston, Pugh, Ralls, Royston, Singleton, Smith of Alabama, Smith of Virginia, Strickland, Swan, Tibbs, Trippe, Wilcox, and Wright of Texas.
Nays: Arrington, Baldwin, Barksdale, Bell, Bocock, Boteler, Boyce, Horatio W. Bruce, Chilton, Chrisman, Conrad, Cooke, Crockett, Curry, Elliott, Ewing, Gaither, Garnett, Goode, Hanly, Jenkins, Johnston, Kenan of North Carolina, Kenner, Lewis, Marshall, Miles, Moore, Perkins, Pryor, Read, Sexton, Smith of North Carolina, Staples, Villeré, Welsh, and Wright of Georgia.
So the first resolution was agreed to.
On motion of Mr. Foote, which was seconded, the House then resolved itself into secret session; and having spent Some time therein, again resolved itself into open session;
When,
The second resolution introduced by Mr. Smith of Virginia was agreed to.
Mr. Pryor moved that the House adjourn.
The motion was lost.
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The vote was then taken upon the third resolution introduced by Mr. Smith of Virginia.
The resolution was lost.
The question being upon the fourth resolution of Mr. Smith of Virginia,
The resolution was lost.
Mr. Foote moved to reconsider the vote by which the resolution of Mr. Smith was agreed to.
On motion of Mr. Moore, the House resolved itself again into secret session; and having spent some time therein, again resolved itself into open session;
When,
Mr. Miles, from the Committee on Military Affairs, to whom was referred
A bill to secure the destruction of cotton and tobacco, in certain cases, and to prescribe [provide] indemnity to the owners thereof, and for other purposes,
reported the same back, with the recommendation that it pass with an amendment.
And the question being,
Shall the bill be postponed and placed on the Calendar?
It was decided in the negative.
And the bill was taken up, and having been read as follows, to wit:
The committee moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That it shall be the duty of all military commanders in the service of the Confederate States to destroy all cotton, tobacco, or other property that may be useful to the enemy if the same can not be safely removed whenever in their judgment the said cotton, tobacco, and other property is about to fall into the hands of the enemy; and the owners thereof shall receive just compensation therefor from the Confederate Government under such laws and regulations as may hereafter be established by Congress.
The bill was taken up.
Mr. Garland moved to postpone the further consideration of the same and the amendment and to make it the special order for Friday next.
Mr. Bonham demanded the question; which being seconded, the vote was taken, and the motion was lost.
Mr. Garnett moved to make it precedent over all other business and the special order for to-morrow;
When,
On motion of Mr. Curry,
The House adjourned.
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SECRET SESSION.
The House being in secret session,
Mr. Dargan moved that the House go into open session.
The motion prevailed; and
The House went into open session; and having spent some time therein, again went into secret session; and
The Chair laid before the House a communication from the President, inclosing the report from the Department of Justice.
Mr. Foote moved that the same be referred to the Committee on the Judiciary, with instructions that they inquire about the propriety of printing the same.
Mr. Kenner moved to amend the motion by striking out the same and inserting in lieu thereof that the report be referred to the Committee on the Judiciary and be printed for the use of the House.
The amendment was agreed to; and the motion as amended was agreed to.
The Chair laid before the House a communication from the President, inclosing the report of the Secretary of War, with accompanying documents, and inviting attention to the facts therein prudentia commended the recommendations to favorable consideration.
Mr. Holt moved to refer the same to the Committee on Military Affairs, to examine and report what portions of the same may be printed without detriment to the public interest.
The motion prevailed.
The Chair also laid before the House the following communication from the President, viz:
Richmond, March 4, 1862.
To the Speaker of the House of Representatives:
Sir: In response to the resolution of the House of yesterday, calling on the President to communicate "what additional means, in money, men, arms, and munitions of war, are, in his judgment, necessary, or may be within the present year, for the public service, including operations on land and water," I have to reply that the military forces, whether land or naval, which will be required must depend upon the operations of the enemy and upon contingencies which can not be foreseen. Taking our present condition as the basis of the calculation, it may be stated in general terms that our land forces should he increased by the addition of, say, 300,000 men in the field and those for whom call has already been made. That the Navy should be increased by a number of vessels suited to river and harbor defense, say, 50 iron-clad propellers and a fleet of, say, 10 of the most formidable war vessels, to protect our commerce upon the high seas, with the requisite armaments and crews.
For this additional force, land and naval, there would be required, say, 750,000 small arms of all kinds and of siege and field and seacoast artillery, say, 5,000 guns; of powder, say, 5,000 tons, in addition to that which can be made within the limits of the Confederacy. The manufacture of projectiles could, it is believed, be carried to the requisite extent in our own foundries, at a cost which must be measured by the number of guns actively employed.
For further details I refer to the accompanying reports of the Secretaries of War and Navy.
The amount of money which will he required will depend upon the extent to which the articles needed may be obtained; and as I can not hope to get more than a small part of that which a reply to the resolution required me to enumerate, I have not attempted to convert the articles into their probable money value.
Estimates have been prepared and will be laid before the Congress, showing the appropriations which it is deemed proper to ask in view of the public wants and the possibility to supply them, as well as of the condition of the finances of the Confederate States.
JEFFERSON DAVIS.
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On motion of Mr. Perkins,
The message was referred to the Committee on Ways and Means; and
The communication from the Secretary of War was referred to the Committee on Military Affairs; and
The communication from the Secretary of the Navy was referred to the Committee on Naval Affairs.
The House took up the motion of Mr. Jones, to reconsider the vote by which the bill to create the office of commanding general of the Confederate States was passed.
The motion was lost.
Mr. Swan moved to remove the injunction of secrecy from the passage of the bill, and demanded the question; which was seconded, and the motion was lost.
Mr. Moore offered the following resolution, viz:
Resolved, That it is the deliberate judgment of this House that the Honorable J. P. Benjamin, as Secretary of War, has not the confidence of the people of the Confederate States, nor of the Army, to such an extent as to meet the exigencies of the present crisis, and that we most respectfully suggest that his retirement from said office, and the filling of the same with an incumbent in whom the country and Army have full confidence, is a high military necessity.
Mr. Foote moved to lay the resolution on the table, and demanded the question; which was seconded, and the motion was agreed to.
On motion of Mr. Miles,
Congress [The House] went into open session.
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