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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 --TWENTY-FOURTH DAY--MONDAY, March 17, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Doggett.
Mr. Atkins announced the presence of M. P. Gentry, a Representative-elect from the State of Tennessee, who came forward, was qualified, and took his seat.
Mr. Curry introduced
A joint resolution in relation to the adjournment of Congress; which was read the first and second times.
Mr. Conrad moved to lay the same upon the table.
The motion was lost.
The rules were suspended;
The resolution was taken up; and having been read as follows, viz:
Resolved by the Senate and House of Representatives of the Confederate States of America, That Congress will adjourn on Monday, the thirty-first day of March, at twelve o'clock meridian, to meet on Monday, the fourteenth day of July, eighteen hundred and sixty-two, at twelve o'clock meridian.
Mr. Dupré moved to amend the resolution by striking out all after the words "meet on" and inserting in lieu thereof the words
the first Monday in October next, unless sooner convened by the President, either here or at such other place as the President may designate.
Mr. Conrad moved to amend the amendment by striking out all after the word "President."
Mr. Davis moved that the consideration of the resolution and amendments be postponed until to-morrow.
The motion was agreed to.
Mr. Royston moved that the House take up for consideration a resolution offered by him in relation to the adjournment of Congress.
The motion was lost.
Mr. Wright of Georgia introduced
A bill to provide for organizing, arming, and disciplining the militia of the Confederate States, and for calling forth the same to execute the laws, to suppress insurrections, and repel invasions;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Wright moved that the House take up for consideration his motion to reconsider the resolution offered by Mr. Foote in relation to the organization of the Government under the Permanent Constitution.
The motion prevailed, and
The resolution was taken up, and on motion, was laid on the table.
Mr. Perkins offered
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A resolution that the Committee on the Judiciary be instructed to inquire into the expediency of repealing the laws of naturalization of the United States, now in force within the Confederacy, reporting in their stead a general law of naturalization in accordance with the provisions of the Constitution of the Confederate States;
which was read and agreed to.
Also, a resolution that the Clerk of the House be required to keep record, open to the inspection of members, of all reports or communications from the different departments or committees, and all bills ordered to be printed for the use of members, in which shall be entered the date of the ordering of their printing and the number of copies ordered; which was read and agreed to.
Mr. Conrad moved that the claim of Charles R. Benton, for expenses in recruiting service, be withdrawn from the papers of the Provisional Congress, and that the same be referred to the Committee on Claims; which motion prevailed.
Mr. Davis moved that the injunction of secrecy be removed from the action of Congress in relation to a bill to provide further for the public defense.
The motion was lost.
Mr. Clapp introduced
A bill to amend an act entitled "An act concerning the pay and allowances due to deceased soldiers;"
which was read the first and second times and referred to the Committee on Claims.
Mr. Davidson presented a memorial from Gen. Duff Green in relation to the extension of the Western North Carolina Railroad; which was referred to the Committee on Military Affairs, without being read.
Mr. Davidson also introduced
A bill authorizing the payment of the sums due to the State of North Carolina for advances made in aid of the Confederate States, and for other purposes;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Jones moved that the rules be suspended, in order to take up for consideration a bill from the Senate to regulate the compensation of officers of the Senate and House of Representatives.
The motion prevailed, and
The bill was taken up; and
The question being upon agreeing to an amendment of the Senate to an amendment of the House, which was to strike out the word "daily" and insert in lieu thereof the word "monthly,"
The amendment to the amendment was agreed to.
Mr. Swan offered
A resolution that the Committee on the Judiciary inquire what legislation, if any, is necessary to legalize the acts of the marshals and district attorney of Tennessee, and that the committee report by bill or otherwise;
which was read and agreed to.
Mr. Tibbs, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill to regulate the destruction of property under military necessity and provide for the indemnity thereof;
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And the Speaker signed the same.
Upon motion, leave of absence was granted to Messrs. Jenkins and Smith of Virginia.
Mr. Goode presented a letter from Col. J. Lucius Davis and others, asking that Dr. William Hairston be allowed compensation for medical services rendered to the "Wise Legion;" which was referred to the Committee on Claims, without being read.
The Chair laid before the House a communication from the President; which is as follows, to wit:
To the Speaker of the House of Representatives:
I have appointed Burton N. Harrison, of Mississippi, my Private Secretary, in the place of Robert Josselyn, resigned.
JEFFERSON DAVIS.
The Chair announced as the committee to inquire as to whether or not there has been, on the part of any of our military commanders, a want of economy, etc., Messrs. Dupré of Louisiana, Hartridge of Georgia, Ayer of South Carolina, Atkins of Tennessee, and Kenan of North Carolina.
Upon motion,
The House then proceeded to the consideration of a bill from the Senate, regulating the compensation of members of Congress.
Mr. Gartrell moved to amend the first section of the bill by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That the pay of Senators and Representatives of the present Congress shall be eight dollars per day during the session, and that each Senator and Representative shall be allowed ten cents per mile for coming to and ten cents per mile for returning from the place where Congress may assemble, for each session, to be computed by the usual mail route from his residence to the seat of government.
Mr. Barksdale called for the question; which was seconded;
Pending which,
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill to provide for the further defense of the Bay of Mobile and the Alabama River;
And the Speaker signed the same.
Mr. Elliott, by the consent of the House, modified his amendment by moving to insert "two thousand nine hundred and twenty dollars;" which amendment was lost.
The question was then taken upon the amendment offered by Mr. Davidson, and the same was agreed to.
Mr. Heiskell moved that the consideration of the bill and amendments be postponed indefinitely, and demanded the question thereon.
The question was ordered, and the motion lost.
By unanimous consent, the words "two hundred and fifty dollars" were stricken out of the bill, and the words "two hundred and eight dollars and thirty three and one-third cents" inserted in lieu thereof.
Mr. Jones demanded the question on the amendment offered by Mr. Gartrell; which was seconded.
Mr. Smith of North Carolina asked that the vote be taken by yeas and nays;
Which being seconded,
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Yeas: Batson, Bocock, Boteler, Boyce, Chambliss, Chilton, Clapp, Clopton, Currin, Curry, Dargan, De Jarnette, Foote, Foster, Garnett, Gartrell, Goode, Hartridge, Hilton, Holcombe, Holt, Jones, Lyon, Marshall, Menees, Perkins, Preston, Pugh, Ralls, Royston, Russell, Singleton, Smith of North Carolina, Staples, Strickland, Trippe, Welsh, and Wright of Georgia.
Nays: Ashe, Atkins, Ayer, Baldwin, Barksdale, Bell, Bonham, Horatio W. Bruce, Burnett, Chambers, Chrisman, Conrad, Conrow, Cooke, Crockett, Davidson, Davis, Dupré, Elliott, Ewing, Farrow, Gaither, Gardenhire, Garland, Gentry, Graham, Hanly, Harris, Herbert, Kenan of North Carolina, Lander, Lewis, Machen, Miles, Moore, Munnerlyn, Read, Sexton, Smith of Alabama, Tibbs, Vest, Villeré, Wilcox, and Wright of Texas.
So the amendment was lost.
Mr. Bonham moved to amend the second section of the bill by adding thereto the following, to wit:
But the President pro tempore of the Senate and the Speaker of the House of Representatives shall receive the same mileage as Senators and Representatives, respectively.
The amendment was agreed to.
Mr. Curry moved to amend the third section by striking out the words "without leave of the Senate and House of Representatives, respectively;" which was agreed to.
Mr. Jones moved to amend the same section by striking out the words "Sergeant-at-Arms of the House" and insert in lieu thereof the words "Committee on Pay and Mileage."
The amendment was agreed to.
Mr. Miles moved to reconsider the vote by which the amendment offered by Mr. Curry was agreed to.
Pending which,
A message was received from the Senate, by their Secretary, Mr. Nash, as follows:
The Senate have passed a bill of the following title, viz:
A bill to be entitled "An act to encourage enlistments in the Corps of Marines;" in which I am directed to ask the concurrence of this House.
The motion of Mr. Miles was agreed to, and
The question recurring on the motion to strike out the words "without leave of the Senate and House, respectively,"
The same was lost.
The bill was then read a third time,
And the question being upon the passage of bill,
The same was decided in the affirmative.
Mr. Holcombe, from the Committee on the Judiciary, to whom was referred
A bill declaring what persons shall be exempt from militia duty, together with a resolution inquiring as to its constitutionality, reported the same back, with the opinion that, without expressing any judgment upon the expediency of the proposed enactments, they are unanimously of opinion that Congress, by virtue of that clause of the Confederate Constitution which authorizes it to provide for "organizing the militia," has full power to declare what persons shall be exempt from militia duty.
The committee ask, therefore, to be relieved from the further consideration of the subject.
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The committee was discharged from the further consideration of the matter, and
Mr. Chilton moved that the House proceed to the consideration of the bill.
Mr. Russell moved to postpone its consideration, and that the bill be made the special order of business for Thursday next, at 1 o'clock; which was agreed to.
Mr. Smith of North Carolina, from the Committee on Elections, to whom was referred a petition of Jilson P. Johnson, made the following report, viz:
The Committee on Elections, to whom was referred the petition of Jilson P. Johnson, claiming that he has been duly elected a member of the House from the Third Congressional district of the State of Arkansas, and denying the right of the Hon. A. H. Garland to his seat, and other papers relating thereto, have had the same under consideration and ask leave to report:
In examining the papers referred to your committee, they are of opinion that it will conduce to a proper understanding of the merits of the controversy, and a just and fair decision, to allow the parties to present their respective claims with greater precision, and to take other proofs in relation to the issues which may be thus presented.
The contestant asks to be allowed to take evidence in reference to the vote of Arkansas County, and in assenting thereto, the committee have thought it just to accord like privileges to both parties.
Pretermitting the expression of any opinion upon the case as it now stands, for obvious reasons, the committee report the matter to the House, and recommend the adoption of the accompanying resolutions.
W. N. H. SMITH, Chairman.
The accompanying resolutions are as follows, to wit:
Mr. Staples, by the consent of the House, submitted the views of the minority of the committee; which are as follows, viz:
The undersigned two of the Committee on Elections, to whom was referred the petition of the Hon. J. P. Johnson of Arkansas, "claiming the seat in this House as the Representative from the Third district in the State of Arkansas, and asking that he be permitted to contest the seat of the sitting member, the Hon. A. H. Garland," differing in their convictions from the majority of the committee, beg leave to present this minority report:
In pursuance to law, an election for Congressman was held in the Third Congressional district in the State of Arkansas, on the 6th of November, 1861, at which the contestant and the sitting member, together with others, were candidates, and as such voted for.
The district is composed of thirteen counties, the county of Arkansas being one. In the State of Arkansas the voting is by ballot, and it is made the duty of the judges of the several precincts to make out duplicate lists or poll books of the ballots or votes cast, one of which they are required to retain and the other to return, under cover of seal, to the clerk of the county court within three days after the election; but if, from any cause, the poll books should not be returned within three days, from any one of the precincts, it is made the duty of the clerk, on the next day (that is, the fourth day after the election) to dispatch a messenger for the same.
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The law further provides that if the poll books are all returned within the three days, it shall be the duty of the clerk, on the fifth day after the election, to call to his assistance two justices of the peace, if to be had conveniently; if not, two householders, who, being first sworn, shall proceed to open the poll books and cast up the votes for each of the candidates and make out an abstract of the vote as they may find it to be from the poll books. In the event the poll books are not received within the three days, and a messenger is dispatched as contemplated by the statute, then the abstract is to be made out on the seventh day after the election.
The abstract thus made out is to be certified, and it is made the duty of the clerk immediately to mail it, in the nearest post-office, addressed to the secretary of state, at the capitol, or seat of government, whose duty it shall be to file the same away in his office, under seal.
It is made the duty of the governor and secretary of state, within thirty days, or sooner if the returns are all in, to open the abstracts or certificates and count up the vote, and the governor shall then immediately issue a certificate of election to the person having the highest number of votes, and also his proclamation announcing his election. (See Gould Digest, Statutes of Arkansas, under head of "Election.")
In this case, on the 13th November, seven days after the election, the deputy clerk, a justice of the peace, and a householder opened the poll books of Arkansas County and cast up the vote, and thereupon forwarded the abstract to the secretary of state.
This abstract shows that the sitting member received 175 votes and the contestant 73 votes.
When this abstract reached the office of the secretary of state does not appear, but it was on or prior to the 10th day of December, 1861; for on that day, acting upon this certificate, or abstract, the governor issued the certificate of election to Mr. Garland, and also issued his proclamation announcing the vote, which agrees with this first certificate.
On the 10th day of December, 1861, the clerk of the county court and the same justice and householder, by some means learning a mistake had been made in counting the vote on the 7th of November preceding, took the poll books and recounted the votes, and upon such recounting discovered that the contestant had in fact received 133 votes and the Hon. A. H. Garland 195.
Assuming this last abstract to be the correct one, by adding the vote received by each in Arkansas County to the aggregate vote of each in the other counties, there is a clear plurality in favor of contestant of 8 votes.
This last abstract reached the secretary's office on the 11th of December, one day after the governor issued his certificate to Mr. Garland, and was received and filed in the secretary's office. Accompanying the last abstract is the statement of the clerk, that on the day the polls were first compared and the abstract was made out, he was engaged waiting upon the circuit court, then in session, and the polls were then compared by his deputy, the justice, and the householder; and the clerk, justice, and householder all unite in praying the governor to suffer them to withdraw the first and incorrect return and substitute the last or true one.
The true, or, as it is called by the contestant, the corrected, return was on file within the thirty days allowed the governor to grant the certificate and issue his proclamation, computing the time to commence running from the comparison of the polls, which, we think, is the obvious meaning of the statute of Arkansas.
It is proper to state in this connection that in the first abstract the aggregate vote of the county only is given, whereas the last, or corrected, return gives the vote by precincts.
Upon this statement of facts the contestant, on the 14th day of December, gave the sitting member notice that he would contest his right to the seat, which notice Mr. Garland admits he received between the 21st and 23d of the same month. To this notice Mr. Garland did not respond within the time prescribed by the act of Congress passed in 1851, now in force in the Confederate States of America.
In his argument before the committee he excepted to it on the ground of indefiniteness and want of particularity.
We do not propose to discuss the proposition in this report.
We think the notice sufficiently acquaints the party with the ground relied on by the contestant to establish his right to the seat, and in this opinion a majority of the committee concurred.
As before stated, Mr. Garland failed to answer the notice within the time prescribed by law, and in his response to the petition of the contestant he fails to controvert the fact charged, that the corrected list of the vote of Arkansas County gives the contestant a majority of 8 votes.
What consequences, if any, flow from this failure?
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We think it operates as a confession of the facts alleged, and taken in connection with the testimony adduced before the committee, establishes Mr. Johnson's right to the seat in controversy.
Mr. Garland objected to the introduction of the last, or corrected, return as evidence upon the ground that it was not made within the time prescribed by the law of Arkansas, and upon the further ground that the officers comparing the polls became immediately after making out and certifying the first abstract functi officio, and had no right, at a subsequent period, to examine the poll books and make out a new and corrected abstract.
The statutes of Arkansas marked by him are merely directory, and a noncompliance with their requirements on the part of State officials, either by a failure to make any return whatever within the time required or by a false and mistaken return of the vote cast, can not, we think, affect the right of the parties or restrain this body from a full investigation and a deliberate judgment of the results of a popular election.
This House, under the Constitution, is the sole judge of the election and return of its own members. This power is requisite to preserve a pure and genuine representation, and to the prevention of frauds, and the correction of mistakes and blunders on the part of mere ministerial agents in ascertaining and certifying the results of a popular canvass.
Nobody can be so watchful as this in guarding its own rights and privileges from infringement, in purifying and vindicating its own character, and in preserving and sustaining the free choice of its constituents.
Guided, as we have been, we trust, by a sincere desire to do exact justice to the parties, and having in view the public interest, in seeing that each district is represented in this House by the members really and duly elected, we have arrived at the conclusion that the sitting member, the Hon. A. H. Garland, is not duly elected from the said Congressional district of the State of Arkansas as a Representative to the First Congress of the Confederate States; but that said contestant, the Hon. Jilson P. Johnson, was and is duly elected from said district, and is entitled to a seat as a Representative from the same.
We therefore beg, respectfully, to express our decided dissent from the recommendation contained in the report of the majority of the committee. The adoption of that report would, in our judgment, be productive of a long, tedious, and expensive continuance of an investigation, not merely into the correctness of the returns from each county, but of the fairness and legality of every vote cast in the district. According to our understanding, the only question at issue between Mr. Johnson and Mr. Garland before the committee related to the vote of Arkansas County. There was no paper, no document, before the committee: not a scintilla of proof tending to show the existence of any mistake, fraud, or mismanagement of the vote or in the returns from any other county. And while we are of opinion that the poll books of the county of Arkansas, or testimony tending to elucidate the true vote of that county, might with propriety be brought before the committee for the satisfaction of those who entertained doubts of the result there, we are satisfied that to throw open the door, at this stage of the proceedings, to an inquiry into the vote of the entire district would result in establishing an unwise precedent, in raising new questions and presenting other issues than those contemplated by the parties in the proofs and pleadings exhibited and evolved before the committee.
We do, therefore, offer the following resolution for the adoption of this House viz:
Resolved, That the Hon. J. P. Johnson is duly elected Representative from the Third Congressional district of the State of Arkansas, and as such is entitled to the seat in this House as the Representative from said Third district.
On motion of Mr. Wright of Georgia,
The reading of the reports was dispensed with, and they were recommitted to the Committee on Elections.
And on motion of Mr. Miles, which was seconded,
The House resolved itself into secret session.
SECRET SESSION.
The House being in secret session,
On motion of Mr. Miles,
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The ex-members of the Provisional Congress were granted leave, under the injunction of secrecy, to examine the report of the Secretary of War.
On motion of Mr. Hanly,
The House then adjourned until 12 o'clock m. to-morrow.
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