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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-EIGHTH DAY--FRIDAY, March 21, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Doggett.
Mr. Hanly introduced
A bill to define and punish forging or counterfeiting, in certain cases;
which was read the first and second times and referred to the Committee on the Judiciary.
On motion of Mr. Royston, a memorial of certain citizens of La Fayette County, Ark., in relation to the pay of volunteers, was taken up and referred to the Committee on Military Affairs.
Upon motion of Mr. Wright of Georgia,
The House took up for consideration a resolution in relation to allowing members to call the question after making a speech, etc.
Pending which,
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 of the Senate (S. 11) entitled "A bill to regulate the compensation of members of Congress."
Mr. Garland, from the committee of conference, reported as follows, to wit:
The committee of conference on the part of the Senate and House of Representatives upon the disagreeing votes of the two Houses of Congress upon the bill to regulate the compensation of members of Congress, agree to recommend to their respective bodies:
That the Senate strike out "three thousand dollars" and insert in lieu thereof "twenty-seven hundred and sixty dollars," and strike out "two hundred and fifty dollars" and insert "two hundred and thirty dollars."
That the House recede from its amendment to the first section, inserting twenty-five hundred dollars, and in lieu thereof insert "twenty-seven hundred and sixty dollars." That it recede from its several amendments, and instead of the words "two hundred and eight dollars and thirty-three and a third cents," insert in lieu thereof "two hundred and thirty dollars."
That the House recede from its third and fourth amendments.
Managers on the part of the House.
Managers on the part of the House.
March 20, 1862.
Mr. Elliott from the Committee on Enrolled Bills, reported as correctly enrolled
A bill regulating the compensation of the officers of the Senate and House of Representatives.
The Speaker signed the same.
The House having recurred to the resolution in reference to the resolution in relation to allowing members to call the question after making a speech, etc.,
Mr. Foote called the question.
The call was seconded, and
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Mr. Jones demanded thereon the yeas and nays;
Which being seconded, the vote was recorded,
Yeas: Arrington, Ashe, Atkins, Batson, Bell, Boteler, Horatio W. Bruce, Eli M. Bruce, Chambers, Chrisman, Clapp, Clopton, Conrad Crockett, Dargan, Davis, Dawkins, Ewing, Farrow, Foote, Foster Gartrell, Gentry, Graham, Hanly, Hilton, Holt, Kenan of Georgia, Machen, Marshall, McDowell, McLean, Menees, Moore, Perkins, Ralls, Read, Royston, Sexton, Smith of North Carolina, Strickland, Tibbs, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Baldwin, Burnett, Chambliss, Chilton, Clark, Conrow, Currin, Curry, De Jarnette, Dupré, Elliott, Gardenhire, Garland, Goode, Gray, Hartridge, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenner, Lander, Lewis, Lyon, Miles, Preston, Pugh, Russell, Singleton, Staples, Swan, Trippe, Wright of Tennessee, and Mr. Speaker.
So the resolution was lost.
Upon motion of Mr. Garland,
The House proceeded to the consideration of the report just made from the committee of conference.
Mr. Foster moved that it be laid upon the table.
The motion was lost, and
The question being upon adopting the report of the committee,
Mr. Foster demanded that the vote be taken by yeas and nays;
Which being seconded,
Yeas: Arrington, Ashe, Atkins, Ayer, Baldwin, Barksdale, Bell, Boteler, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambers, Chrisman, Clark, Conrad, Conrow, Crockett, Currin, Dargan, Davis, Dawkins, Dupré, Elliott, Ewing, Farrow, Foote, Gaither, Gardenhire, Garland, Gentry, Graham, Gray, Hanly, Harris, Heiskell, Herbert, Holcombe, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, Marshall, McLean, McRae, Miles, Moore, Pugh, Read, Sexton, Swan, Tibbs, Villeré, Wilcox, Wright of Texas, and Wright of Tennessee.
Nays: Batson, Chambliss, Chilton, Clapp, Clopton, Curry, De Jarnette, Foster, Gartrell, Goode, Hartridge, Hilton, Holt, Jones, Kenner, McDowell, Menees, Perkins, Preston, Rails, Royston, Smith of North Carolina, Strickland, Trippe, Welsh, Wright of Georgia, and Mr. Speaker.
So the report was adopted.
A message was received from the Senate, by their Secretary, Mr. Nash, as follows, to wit:
Mr. Speaker: The Senate, by unanimous consent, have agreed to the amendment of this House to the enrolled act signed by the Speaker of the House of Representatives and the President of the Senate of the following title, viz:
An act to provide for the further defense of the Bay of Mobile and the Alabama River.
Mr. Read offered
A resolution that the rules of this House be so amended that the Speaker shall appoint a committee of five in whose power the calling of the question and previous question shall be exclusively given, and
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that it shall be a privileged question to be exercised at any time when deemed proper by said committee, a majority thereof concurring;
which was laid over under the rules.
Mr. Machen offered
A resolution that the Committee on Military Affairs be instructed to inquire into and report upon the propriety of having as many rifle guns of the most simple but effective pattern distributed among the smiths of the various States of the Confederacy as will serve as patterns for manufacture of that firearm by all such smiths as will undertake to assist by their own forges to make up the deficiency, and, if deemed practicable and advisable, that said committee be also requested to report upon the practicability of supplying to all smiths who will undertake the manufacture aforesaid gun scalps or iron suited for said manufacture under such regulations as the Department of War may deem sufficient to secure the object contemplated; the committee to report by bill or otherwise:
which was read and agreed to.
Mr. Chambers offered
A resolution that the Secretary of the Treasury be requested to inform this House at what dates prior to June 30, 1863, payments of interest will be due on the existing public debt, and also what amount of interest will be due at each period of its maturity;
which was read and agreed to.
Mr. Barksdale presented the memorial of sundry citizens of Clark County, Miss., in relation to cotton: which was read and referred to the Committee on Military Affairs.
Mr. Ayer offered
A resolution instructing the Committee on the Judiciary to inquire and report on the expediency of increasing the penalties now imposed by law on all Government officials, agents, and employees who may be found guilty of practicing fraud and peculation on the Government, and especially to report on the propriety of punishing every such offender with severe flogging on his bared back;
which was read and agreed to.
Mr. Farrow offered
A resolution that it be referred to the Committee on Rules to consider and report upon the expediency of so amending the rules of this House as to require that no bill or joint resolution shall be put upon its passage until the same shall have been printed and distributed, except by a two-thirds vote;
which was read and agreed to.
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. Heiskell offered
A joint resolution to provide for the prompt payment of claims due to deceased soldiers;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Tibbs offered
A resolution that a committee of three be appointed by the Speaker, charged with the duty of investigating the conduct of the agents of
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the Government in Tennessee for the purchase of quartermaster's and commissary's supplies; the committee to have power to send for persons and papers, and that they report by bill or otherwise:
which was read and referred to the special committee appointed to investigate the disaster at Forts Donelson and Henry.
Mr. Herbert presented a memorial from Ayers & Littlepage, of Richmond, Va., in relation to a bullet-rolling machine; which was referred to the Committee on Military Affairs, without being read.
Mr. Chambliss offered
A joint resolution for the relief of Mrs. Julia Tyler, executrix of Hon. John Tyler;
which was read the first and second times, and the rule requiring the resolution to be referred being suspended, it was engrossed, read a third time, and passed.
Mr. Russell offered
A resolution that the Committee on Military Affairs inquire into the expediency of amending the law relating to the organization of the militia when called into the service of the Confederate States;
which was read and agreed to.
Mr. Chambliss presented a letter and design for a flag; which was referred to the Committee on Flag and Seal.
Mr. Boteler presented the memorial of Brigadier-General Meem and James H. Carson in relation to pay of Seventh Brigade, Virginia Militia; which was referred to the Committee on Military Affairs, without being read.
Upon motion, leave of absence was granted to Mr. Lyons, on account of sickness.
Mr. Baldwin offered
A resolution that the Committee on the Judiciary inquire and report to this House: First, as to the expediency of defining by law the extent of the power to declare martial law and of ascertaining what is martial [law] when duly declared; second, as to the expediency of regulating by law the whole subject of arrest and imprisonment "for reasons of state," so as to secure the rights of the public and of individuals without a general suspension of the habeas corpus;
which was read and agreed to.
Mr. Baldwin presented the memorials of John Kinny and James M. Stout in relation to making Confederate notes a legal tender; which were referred to the Committee on Ways and Means, without being read.
Also, a communication and design for a flag from J. De Havilland;
which was referred to the Committee on the Flag and Seal.
Mr. Preston presented the petition of sundry citizens of Grayson and Wythe counties, Va., and Alleghany County, N. C., asking a mail or stage line from Wytheville to Independence, Va.; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Chilton presented a communication from P. Hilmitter, of Mobile, Ala., in relation to a gunboat; which was referred to the Committee on Naval Affairs, without being read.
Upon motion of Mr. Kenner, the House then resolved itself into secret session; and having spent some time therein, resolved itself into open session;
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When,
Upon motion of Mr. Pryor,
The House adjourned until 12 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
The Chair presented a message from the President; which was read as follows:
Richmond, Va., March 20, 1862.
To the House of Representatives, Confederate States of America:
In reply to the resolution of the House of Representatives of the 24th ultimo, requesting the President to furnish certain information in reference to the James River defenses and the defenses of the city of Richmond, with his own opinion thereon, and to cause a survey to be made of the Chickahominy and its branches, with reference to its being occupied as a defensive line, I transmit herewith a communication from the Secretary of War, submitting a report of Capt. Alfred L. Rives, in charge of the Engineer Bureau, on the subjects referred to, so far as the information obtained will admit.
The report of Captain Rives states the facts in regard to the state of the defenses of the James River and the city of Richmond; and in the views presented by him I generally concur. It may be proper, however, to add something in explanation of the facts presented, and my own impressions derived from various sources from time to time.
The work at Day's Point possesses but little value for the defense proper of the James River. It was located with regard to the protection of Burwell's Bay and the country above from foraging excursions of the enemy by water, and as a protection to out own boats in the river. A site somewhat lower down would have been preferable, according to information obtained since the location of the work, but it has thus far fulfilled its object; and as it has been well constructed, with much labor and expense, it is probably best not to disturb it, except by the addition era small outwork to command the approaches in its rear which I am told is being done.
The next position above, defended by the works at Hardy's Bluff and Mulberry Island, possesses great importance from being the right flank of General Magruder's chosen defensive line on the peninsula, and the lowest point which gives the hope of a successful protection of the river against the wooden fleets of the enemy. Ironclad vessels, of which we have not had sufficient experience to form a correct judgment, can pass these works, as the channel is too wide and deep for obstructions, unless wrought-iron bolts, now being prepared for trial against the Ericsson battery (Monitor) and others of the same class, prove more effective than can be reasonably hoped for; but still the transports necessary for a formidable expedition ought to be kept back by the batteries so long as they are held; and it is thought that they should not be silenced by a few ironclad vessels operating with a small number of guns at long range, especially as the battery at Hardy's Bluff has considerable elevation. Both works are strong against a land attack. The guns at Jamestown Island will probably be removed to the position just referred to so soon as it is fully prepared for them.
The position at Drewry's Bluff, 7 or 8 miles below Richmond,which has intimate relations with the defenses proper of this city, was chosen to obstruct the river against such vessels as the Monitor. The work is being rapidly completed.
Either Fort Powhatan or Kennon's Marshes, if found to be the proper positions, will be fortified and obstructed as at Drewry's Bluff to prevent the ascent of the river by ironclad vessels. Blocking the channel, where sufficiently narrow, by strong lines of obstructions, filling it with submarine batteries, and flanking the obstructions by well-protected batteries of the heaviest guns, seem to offer the best and speediest chances of protection, with the means at our disposal, against ironclad floating batteries.
The field works for the defense of Richmond, which are arranged upon the plan of the detached system, conceded by most military men to be the best, are completed, with the exception of two on the side of the city and one main and two accessory works on the Manchester side.
The unfinished works will be completed as soon as more important ones farther from the city are in a more efficient condition. The line occupied by these works was chosen to make it as short as possible, partly from the difficulty of defending a longer line, and partly from the time, labor, and expense necessary to construct such a one. It is rather nearer the city than desirable, but the enemy must remain out of reach of our guns, at least as heavy as his, until the line is carried, and then the city must fall, whether the line be near or removed within the limits of a few miles.
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I see no advantage in constructing a new line more removed from the city, unless the Chickahominy be found suited to the system of dams and overflow which, I think, from the information in my possession, is problematical. Should the enemy get near enough to lay siege to this city, additional works, can develops his plans and means; and these, with those already constructed, can be armed with the guns which would necessarily be brought back with the troops to defend them. The want of heavy guns and the requisite carriages has prevented the fortifications here from being armed with them to any extent, and I do not think it wise to take them for this purpose from other points where, in my opinion, they are more needed.
Any system of fortification which could be constructed during war for the defense of this city would only serve to gain time. An army which allows itself to be Shut up in a fortified city must finally yield to an enemy superior in numbers and munitions of war.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were laid on the table.
The House then took up a Senate bill to regulate the mode of paying the members of the Senate and House of Representatives, and the disbursement of the contingent fund; which was read first and second times and referred to the Committee on Pay and Mileage.
Also, a bill to provide for the payment of musicians in the Army not regularly enlisted; which was read first and second times and referred to the Committee on Military Affairs.
Also, a bill relative to the estimates of the several heads of Departments; which was read first and second times and referred to the Committee on Ways and Means.
Also, a bill relative to the prepayment of postage; which was read first and second times and referred to the Committee on Post-Offices and Post-Roads.
Also, a bill to encourage enlistments in the Corps of Marines: which was read first and second times and referred to the Committee on Naval Affairs.
The House then proceeded to consider a Senate bill to provide a staff and clerical force for any general who may be assigned by the President to duty at the seat of government; which was read first and second times, read a third time, and passed.
Mr. Conrad offered the following resolution; which was read and agreed to, to wit:
Resolved, That the President be requested to inform this House whether any preparations have been or are being made to protect, by way of submarine batteries or by sinking obstructions in the channel where they are practicable, for the protection of our principal cities from an attack by iron-plated vessels, and whether any additional appropriations for these objects, or either of them, are necessary.
Mr. Dupré moved that the House do now resolve itself into open session.
The motion did not prevail.
And on motion of Mr. Kenner, the House went into the Committee of the Whole on
A bill making appropriations for the support of the Government from 1st of April to 30th of November, 1862, and for objects hereinafter expressed;
Mr. Chilton being in the chair, and having spent some time therein, the committee rose and, through their Chairman, reported that they had not finished the consideration of the bill, and asked leave to sit again; which was agreed to.
On motion of Mr. Heiskell,
The House then resolved itself into open session.
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