PREVIOUS

NEXT

NEW SEARCH

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --FORTY-FIFTH DAY--THURSDAY, April 10, 1862,

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FORTY-FIFTH DAY--THURSDAY, April 10, 1862,

OPEN SESSION

The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Stewart.

On motion of Mr. Jones, the call of States was suspended, and the House proceeded to the call of the committees.

Leave of absence was granted Messrs. Herbert and Clapp.

The House took up for consideration

A bill to authorize the Secretary of the Treasury to pay district collectors in certain cases;
which was returned from the Senate with an amendment.

And the question being on agreeing to the amendment of the Senate, which is as follows, to wit: Add at the end thereof the following:

And provided further, The Secretary of the Treasury shall be satisfied that said collectors gave bond and rendered services as required by said act, previous to the assumption of said tax by the respective States, equal in value to the sum to be paid,

The same was agreed to.

Mr. Foster presented the memorial of C. A. Vanfelson and R. B. Craddock in relation to a department directory; which was referred to the Committee on Ways and Means, without being read.

Mr. H. W. Bruce presented a communication from J. W. Davis in reference to an account; which was referred to the Committee on Claims, without being read.

Mr. Gartrell, by consent, introduced

A bill to confer the rights of citizenship upon Barnet Phillips, of the State of Georgia;
which was read the first and second times and referred to the Committee on the Judiciary.

Mr. Conrad offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Military Affairs inquire into the expediency of authorizing the appointment of an additional number of cadets.

Also, a resolution that the Committees on Military and Naval Affairs be directed to inquire into the expediency of authorizing the President to bestow on the officers and soldiers of the Army, and the officers and seamen of the Navy, who may be distinguished for gallantry and good conduct, some badge or token of merit and distinction; which was agreed to.

Also, a joint resolution authorizing the suspension of sales of the property of alien enemies sequestrated; which was read the first and second times and referred to the Committee on Ways and Means.

Mr. Boteler offered

A resolution that the Committee on Military Affairs be instructed to inquire into the expediency of amending the act entitled "An act to authorize payment to be made for certain horses purchased for the Army by Colonel A. W. McDonald," approved August 21, 1861, so as

Page 204 | Page image

to insert after the word "horses," whenever it occurs in said act, the words "saddles, bridles, etc., necessary for their suitable equipment:" which was read and agreed to.

Mr. Smith of North Carolina offered the following resolution:

Whereas it is declared by the fourteenth clause of the ninth section of the Constitution of the Confederate States that "No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law:" Therefore, be it

Resolved, That the Committee on Military Affairs be instructed to inquire what legislation, if any, is necessary to carry into effect the latter clause, and to regulate and restrain the exercise of the power to be conferred by such legislation and prevent abuses thereof;
which was read and agreed to.

Mr. Russell introduced

A bill to provide for calling forth the militia during the present war; which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Wilcox offered

A joint resolution of thanks to Gen. H. H. Sibley and his command; which was read the first and second times.

The rules were suspended;

The resolution was taken up, engrossed, read a third time, and passed. Mr. Chambliss introduced

A bill to provide for the appointment of chaplains at the naval hospitals;
which was read the first and second times and referred to the Committee on Naval Affairs.

Mr. Boyce introduced

A bill to provide pensions for officers, noncommissioned officers, musicians, and privates disabled in the service; and, in case of their death, to continue the same to their widows and orphan children: which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Foster introduced

A bill to regulate the pay of the commissioned officers of the Provisional Army;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Farrow, by consent of the House, presented the petition of sundry citizens of the vicinity of Limestone Springs, S.C., praying for a post route; which was referred to the Committee on Post-Offices and Post-Roads, without being read.

Also, the petition of sundry citizens of Marion district, South Carolina, asking a post route; which was referred to the Committee on Post-Offices and Post-Roads.

Mr. Chilton presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.

Mr. McQueen presented the memorial of W. J. Westbury, claiming compensation for damage to property; which was referred to the Committee on Claims, without being read.

Mr. Miles introduced

A bill to organize the Supreme Court of the Confederate States; which was read the first and second times, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Machen offered a resolution that by the adoption of the report

Page 205 | Page image

from the Committee on Claims on the subject of pensions, reported to this House on yesterday, it is not intended to be understood that the Congress of the Confederate States repudiate the policy of paying pensioners who were such under the Government of the United States, nor the policy of granting pensions to such persons hereafter as may be proper objects of governmental care on account of military services rendered the country; which was read and, on motion, laid on the table.

The House then proceeded to the consideration of

A bill to authorize the Secretary of the Treasury to suspend the collection of taxes in certain States.

And the bill having been read as follows, to wit:

Be it enacted by the Congress of the Confederate States, That in States invaded by the enemy the Secretary of the Treasury may suspend, in whole or in part, the collection of taxes heretofore provided to be collected, the suspension to be for such period of time as may he fixed by the Secretary.

Mr. Kenner moved to amend by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:

That where any State has assumed the payment of the tax imposed by the act entitled "An act to authorize the issue of Treasury notes, and to provide a war tax for their redemption," approved the nineteenth of August, eighteen hundred and sixty-one, and any portion of such State shall be occupied by the enemy so as to occasion the destruction of crops or prevent the raising thereof, the Secretary of the Treasury may tender an agreement with the State authorities of such State to suspend the payment into the Treasury of such portion of the tax assumed by such State as may have been or may be assessed upon the property of the inhabitants of such districts so occupied by the enemy until further provision be made by Congress.

• Sec. 2. The suspension of all proceedings in relation to the collecting of the war tax in the States of Missouri and Kentucky, authorized by the Secretary of the Treasury, is confirmed, and he is hereby directed to take no action thereon until further legislation by Congress.

Mr. Kenner of Louisiana moved to amend the first section of the amendment by striking out the words "Secretary of the Treasury" and inserting in lieu thereof the word "President;" which was agreed to.

Mr. Chambers moved to amend the amendment by adding thereto the following, to wit:
Whenever any State, or part of a State, shall be invaded by the enemy, the Secretary of the Treasury shall be, and is hereby, authorized to extend the period for the collection of the war tax in said State, or any portion thereof.

The amendment to the amendment was lost.

Mr. Conrad moved to amend the amendment by inserting after the words "the raising thereof" the words "or to prevent the State from collecting taxes therein;" which was agreed to.

And the amendment of the committee, as amended, was agreed to.

The bill as amended was then engrossed, read a third time, and passed.

On motion, the title of the same was amended by striking out all of the original and inserting in lieu thereof the following, to wit:

A bill entitled "An act to regulate the collection of the war tax in certain States invaded by the enemy."

A message was received from the President, at the hands of his Private Secretary, Mr. Harrison, informing the House that

The President, on yesterday, approved and signed an act entitled "An act to authorize the advance of a certain sum of money to the State of Missouri."

Page 206 | Page image

The President has to-day approved and signed an act entitled "An act to provide for keeping all firearms in the armies of the Confederate States in the hands of effective men."

The House then proceeded to the consideration of

A bill regulating the fees of marshals, and for other purposes.

And the bill having been read as follows, to wit:

• Section 1. The Congress of the Confederate States do enact, That all laws now in force prescribing the fees of marshals of the Confederate States be, and the same are hereby, repealed, and that in lieu thereof the said marshals shall be allowed to have and charge, from the time of their respective appointments, the fees following, to wit:
  • For service of any warrant, attachment, summons, capias, or other writ (except execution, venire, or a summons or subpoena for a witness) two dollars for each person on whom such service may be made: Provided, That, on petition setting forth the facts on oath, the court may allow such fair compensation for the keeping of personal property attached and held on mesne process as shall on examination be found to be reasonable.
  • For serving a writ of subpoena on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for witness.
  • For travel in going to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil and criminal cases, five cents per mite for going and the same for returning, to be computed from the, court where the process is issued to the place where served, by the route usually traveled between such points, and if more than one person is served therewith, the travel shall be computed from the court to the place of service which shall be most remote, adding thereto the extra travel which shall be necessary to serve it on the other. And in all cases where mileage is allowed to the marshal by this act, it shall be at his option to receive the same, or his actual traveling expenses, to be proved on his oath to the satisfaction of the court.
  • For each bail bond, fifty cents.
  • For summoning appraisers, each fifty cents.
  • For every commitment or discharge of a prisoner, fifty cents.
  • For every proclamation in admiralty, thirty cents.
  • For sales of vessels, or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying the money, one per centum on the amount.
  • For serving an attachment in rein, or a libel in admiralty, two dollars; and the necessary expenses of keeping boats, vessels, or other property attached, or libelled in admiralty, not exceeding two dollars and fifty cents per day; and in case the debt or claim shall be settled by the parties without a sale of the property, one-half of one per centum on the amount: Provided, That in case the value of the property shall be less than the claim, then, in such case, such commission shall be allowed only on the appraised value thereof.
  • For serving a writ of possession, partition, execution, or any final process, the same mileage as is herein allowed for the service of any other writ; and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set off, or otherwise according to law, receiving and paying over the money, the same fees, commission, and poundage as are or shall be allowed for similar service to the sheriffs of the several States respectively, in which the service may be rendered.
  • For serving venires and summoning jurors, fifty cents each: Provided, That in no case shall the fees for distributing and serving venires and summoning jurors, including mileage chargeable by the marshal for such service, at any court, exceed fifty dollars.
  • For traveling from his residence to the place of holding court to attend a term thereof, ten cents per mile for going and the same for returning, and five dollars per day for attending the circuit and district courts, when they are both in session, or for attending either of said courts when but one is in session, and for bringing in and committing prisoners and witnesses during the term.
  • For executing a deed prepared by a party or his attorney, one dollar.
  • For drawing and executing a deed, five dollars.
  • For transporting criminals to the penitentiary, or other place of confinement, ten cents per mile for each necessary guard and for each prisoner, for going only, and ten cents per mile for himself for going and returning.
  • For conveying prisoners under arrest from the place of arrest to the court where the prisoners are to be tried, ten cents per mite for himself and for each necessary guard and each prisoner.
  • For copies of writs, or papers furnished at the request of any party, ten cents per folio.

  ---

  Page 207 | Page image
  
  

  • For holding a court of inquiry, or other proceedings before a jury, including the summoning of a jury, ten dollars.
  • For attending examinations before a commissioner and bringing in, guarding, and returning persons charged with crime, five dollars per day for himself and three dollars per day for each deputy necessarily attending, not exceeding two.
  • The respective courts of the Confederate States shall appoint criers for their courts, to be allowed the stun of two dollars per day, and the marshals are hereby authorized to appoint such a number of persons, not exceeding five, as the judges of their respective courts shall determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the Confederate States in his hands; the compensation to be given only for actual attendance; and when both courts are in session at the same time, to be paid but for attendance on one court.
  • For expenses while employed in endeavoring to arrest, under process, any person charged with, or convicted of, a crime, the sum actually expended, not to exceed two dollars per day, in addition to his compensation for service and travel.
  • For disbursing money to jurors and witnesses, and for other expenses, two per centum.
• Sec. 2. And be it further enacted, That there shall be paid to the marshal his fees for services rendered for the Confederate States for summoning jurors and witnesses in behalf of the Confederate States, and in behalf of any prisoner to be tried for a capital offense; for the maintenance of prisoners of the Confederate States confined in jail for any criminal offense; for the commitment or discharge of such prisoners; for the expenses necessarily incurred for fuel, lights, and other contingencies that may accrue in holding the courts within the district, and providing the books necessary to record the proceedings thereof: Provided, That the marshal shall not incur an expense of more than twenty dollars in any one year for furniture, or fifty dollars for rent of building and making improvements thereon, without first submitting a statement and estimates to the Department of Justice and getting instructions in the premises.
• Sec. 3. And it further enacted, That the compensation to marshals in any of the districts of the Confederate States shall not exceed five thousand dollars per annum: Provided, however, That if the fees of any of the marshals of the Confederate States do not amount to fifteen hundred dollars, exclusive of compensation to deputies, the marshal shall be entitled to receive from the Treasury an amount sufficient to make up his compensation to fifteen hundred dollars.
• Sec. 4. And be it further enacted, That in lieu of the compensation now allowed to jurors in the Confederate courts, by virtue of the twenty-fifth section of the act to establish the judicial courts of the Confederate States of America, passed March sixteenth, eighteen hundred and sixty-one, there be hereafter allowed to such jurors two dollars per day while in actual attendance on any of such courts, and for traveling from their residence to said courts, five cents per mile for going and the same for returning.
• Sec. 5. And be it further enacted, That in lieu of the compensation now allowed by law to witnesses summoned in behalf of the Confederate States, they shall be allowed one dollar and fifty cents for each day's attendance in court, or before any officer pursuant to law, and five cents per riffle for traveling from their place of residence to said place of trial or hearing, and five cents per mile for returning.

Mr. Heiskell moved to amend the same by striking out the words "circuit and district courts, when they are both in session, or for attending either of said courts when but one is in session;" which was agreed to.

The committee moved to amend the first section by striking out the words "from the time of their respective appointments;" which was agreed to.

The committee also moved to amend the same section by striking out the words
not, exceeding two dollars and fifty cents per day; and in case the debt or claim shall be settled by the parties without a sale of the property, one-half of one per centum on the amount: Provided, That in case the value of the property shall be less than the claim, then, in such case, such commission shall be allowed only on the appraised value thereof

Page 208 | Page image

and inserting in lieu thereof the words "to be ascertained and allowed by the court;" which was agreed to.

The committee moved further to amend the first section by adding after the word "writ" the words
Provided, That no charge for mileage, in any case, shall be made except for the distance actually traveled;
which was agreed to.

The committee moved further to amend the first section by striking out the word "ten" and inserting in lieu thereof the word "five;" which was agreed to.

On motion of the committee, the third section was stricken out.

The bill was then engrossed as amended, read a third time, and passed.

Mr. Swan presented two designs for a Confederate flag; which were referred to the Committee on the Flag and Seal.

On motion of Mr. Gartrell, the House proceeded to the consideration of

A bill regulating the fees of clerks, and for other purposes,
reported from the Committee on the Judiciary, with the recommendation that it pass with sundry amendments.

And the first section being under consideration; which is as follows, to wit:

• Section 1. The Congress of the Confederate States do enact, That all laws now in force prescribing the fees of clerks of the courts of said Confederate States be, and the same are hereby, repealed, and that in lieu thereof the said clerks shall be allowed to have and charge, from the time of their respective appointments, as follows, to wit:
  • For issuing every process, commission, summons, subpoena in chancery, capias, notice, or garnishee summons, under the sequestration act, warrant, attachment, or other writ, except a subpoena for a witness, one dollar.
  • For issuing a subpoena for a witness or witnesses if more than one be named in the same subpoena, twenty-five cents.
  • For filing and entering every declaration, plea, or demurrer, whether written or not, or other written paper in any suit, for each, ten cents.
  • For administering every oath or affirmation to a witness or other person, except a juror, ten cents.
  • For entering the return on any process when proper to do so, fifteen cents.
  • For every rule entered in the rule book on one rule day, twenty-five cents.
  • For any order, continuance, judgment, decree, or recognizance, drawing any bond or making any record, certificate return, or report, for every one hundred words fifteen cents, or a specific fee of forty cents.
  • For a copy of any such entry or record, or any other record or paper, for every one hundred words ten cents, or a specific fee of twenty cents.
  • For entering in any suit or controversy in court, all the attorneys for each party, or the appearance in proper person of any party having no attorney who appears, ten cents.
  • For making dockets and indexes and for other services for which no specific fee is allowed on the trial or argument of a cause where issue is joined and testimony given, including venire and taxing costs, three dollars.
  • For making dockets and indexes and for other services for which no specific fee is allowed in a cause where issue is joined and no testimony given, including taxing costs, two dollars.
  • For making dockets and indexes, and for taxing costs and other services for which no particular fee is allowed in a cause which is dismissed, or a judgment or decree is rendered therein without issue, including taxing costs, one dollar.
  • For affixing the seal of court to any instrument when required, or to any process to which the same is required to be affixed by law, twenty cents.
  • For every search for anything above a year's standing, except where such search is for papers in a pending cause, twenty cents.
  • For noting in the process book any decree, order, or process (except a subpoena for a witness), and taking a receipt therefor, twenty cents.
  • For recording a bond or other writing, in pursuance of an order of court, for every one hundred words fifteen cents, or a specific fee of one dollar.

    ---

    Page 209 | Page image
    
    

    Where a witness claims for his attendance, for administering an oath to him and entering and certifying such attendance, forty cents.

  • For administering any oath not before provided for, and writing a certificate thereof where the case requires one, fifty cents.
  • For receiving, keeping, and paying out money in pursuance of the requirements of any statute or order of court, one per cent on the amount so received, kept, and paid.
  • For attendance on court when the same is actually in session, for each day, five dollars.
  • For traveling from the office of the clerk, where he is required by law to reside, or where he actually dues reside, to the place of holding any court required to be held by law, five cents per mile for going and the same for returning.
  • The said fees shall be chargeable to the party at whose instance the service is performed, except that fees for entering and certifying the attendance of witnesses, and the proceedings to compel payment for such attendance, shall be charged to the party for whom the witness attended, and the per diem, mileage, and other service performed for the Government of the Confederate States shall be paid by said Government. All fees which may accrue to the clerk under the sequestration act, or any act amendatory thereof, shall be paid out of the general sequestered fund in the hands of any receiver or under the control of the court, when an order shall be made directing such payment, and the court is authorized to make such order at its discretion. No person shall be compelled to pay any fees before mentioned until a fee bill be produced to him, signed by the clerk to whom they are due, expressing the particulars for which such fees are charged; and the said fee bills, made out and signed as aforesaid, the clerk may deliver to the marshal or to a sheriff of the State where the party resides, who shall collect the same, deducting a commission of ten per cent for such collection, and the marshal or sheriff may distrain therefor such property of the person to whom the fees are charged as might be levied on under a writ of fieri facias issued from a State court of the said respective Confederate States; and the district courts of the Confederate States shall, on motion and for good cause shown, quash any such fee bill and prevent the collection thereof, or of so much thereof as appears to be illegal and not justly due. No clerk shall be obliged to perform services for a nonresident of the district for which he is clerk unless payment of his fees for said services be secured, nor to perform services for any person against whom he has had a fee bill returned, and which remains unsatisfied, unless he be secured payment of his fees for the services desired, or performance of said services be directed by the court,

The committee moved to amend the same by striking out the words "from the time of their respective appointments," and to insert after the word "issuing" the words "and entering;" which was agreed to.

The committee moved further to amend the same section by inserting after the word "thereof" the words "by law chargeable on said fund;" which was agreed to.

Mr. Gartrell moved to amend the first section by adding after the words "one dollar" the words
Provided, That for all summons of garnishment arising under the sequestration acts the clerk shall be allowed only twenty-five cents;
which was agreed to.

Mr. Holt moved to amend the first section by inserting after the word "discretion" the words
But no fee for issuing or serving garnishments, or for recording the same, shall be paid to the receiver, clerk, or marshal for garnishments which shall be unproductive and discover no assets by the answer thereto for condemnation by the court.

The amendment was lost.

Mr. Machen moved to amend the same by striking out the words

For every search for anything above a year's standing, except where such search is for papers in a pending cause, twenty cents.

The amendment was lost, and the bill as amended was engrossed, read a third time, and passed.

Page 210 | Page image

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:

• H. R. --.A bill to be entitled "An act for the organization of a corps of officers for the working of niter beds."

The President of the Confederate States, on the 8th instant, approved and signed an act (S. 3) to provide for the organization of the Arkansas and Red River Superintendency of Indian Affairs, to regulate trade and intercourse with the indians therein, and to preserve peace on the frontiers.

He also, on the 9th instant, approved and signed the following act:

• S. 16. An act relative to the estimates of the several heads of Departments.

The Senate have also passed, without amendment, a joint resolution of this House of the following title, viz:

Joint resolution of thanks to the patriotic women of the country for voluntary contributions furnished by them to the Army.

The Senate have adopted the two following joint rules, viz:

• "XVIII. During the present war, all measures relating to military, naval, financial, and foreign affairs shall be considered by each House in secret session, unless otherwise ordered with the consent of both Houses; but either House, by a vote of two-thirds, taken in secret session, may determine to act in open session on any such measures. Other measures may be considered by either House in open or secret session, as its own rules and orders shall determine.
• "XIX. Members of either House shall be admitted to the floor of the other House when in secret legislative session."

The House then proceeded to the consideration of

A bill to be entitled "An act to amend the laws relative to the compensation of the attorneys of the Confederate States."

The first section having been read as follows, to wit:

The Congress of the Confederate States of America do enact, That, in addition to the compensation now allowed by law to the attorneys of the Confederate States, there shall be hereafter allowed them for their services to the Confederate States the following fees:

In the trial before a jury, in civil and criminal causes, or before referees, or on a final hearing in equity, a docket fee of twenty dollars.

In all cases where a judgment is rendered without a jury, ten dollars, and five dollars where a case is discontinued.

For scire facias and other proceedings on recognizances, five dollars.

For examination by a district attorney before a judge or a commissioner, of a person charged with crime, ten dollars per day for the time necessarily employed.

Where an indictment for felony shall be tried before a jury, and a conviction is had, in addition to the attorney's fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the ease, not exceeding thirty dollars.

The committee moved to amend the same by striking out thereof the word "ten" and inserting in lieu thereof the word "five."

The amendment was agreed to, and the bill as amended was engrossed, read a third time, and passed.

On motion of Mr. Gartrell, the House proceeded to the consideration of a Calendar bill entitled "An act to limit the compensation of clerks, marshals, and district attorneys of the Confederate States."

The bill having been read as follows, viz:

The Congress of the Confederate States do enact, That every district attorney, clerk of a district court, and marshal of the Confederate States shall, until otherwise directed by law, upon the first day of January and July in each year, commencing with the first day of July next, or within thirty days from and after the day specified, make to the, in such form as he shall prescribe, a return in writing, embracing all the fees and emoluments of their respective offices, of every name and character, distinguishing the fees and emoluments received or payable under the sequestration acts from those received or payable for any other service; and in the case of a marshal, further distinguishing the fees and emoluments received or payable for services by himself, personally rendered, from those received or payable for services rendered

Page 211 | Page image

by a deputy; and also embracing all necessary office expenses of such officers, the necessary clerk hire included, to be verified by the oath of the officer making the same.

And no district attorney shall be allowed to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk hire included, to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding six thousand dollars per year, and at and after that rate for such time as he shall hold the office; and no clerk of a district court shall be allowed to retain of the fees and emoluments of his office, for his own personal compensation, over and above the necessary expenses of his office, the necessary clerk hire included, to be audited and allowed by the proper officers of the Treasury, a sum exceeding four thousand dollars per year, or at and after that rate for such time as he shall hold his office; and no marshal shall be allowed to retain of the fees and emoluments of his office, for his own personal compensation, over and above a proper allowance to his deputies, which shall in no case exceed three-fourths of the fees and emoluments received, as payable for the service rendered by the deputy to whom the allowance is made, and over and above the necessary office expenses of such marshal, necessary clerk hire included, also to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding five thousand dollars per year, or at and after that rate for such time as he shall hold office; and every such officer shall, with each such return made by him, pay into the Treasury of the Confederate States, or deposit to the credit of the Treasurer thereof, any surplus of the fees and emoluments of his office, which his half-yearly return so made shall show to exist over and above the compensation and allowances herein authorized to be retained and paid by him,

Mr. Holcombe moved to amend the same by filling the blank therein with the words "Attorney-General."

The amendment was agreed to.

Mr. Gartrell moved to amend the clause fixing the maximum compensation of district attorneys by striking out therefrom the words "six thousand" and inserting in lieu thereof the words "five thousand."

Mr. Davis moved to amend the amendment by striking out "five thousand" and inserting in lieu thereof "two thousand."

The amendment to the amendment was lost, and the amendment of Mr. Gartrell was agreed to.

And the bill as amended was engrossed, read a third time, and passed.

The Chair presented a message from the President; which is as follows, to wit:

Executive Department, April 10, 1862.

To the Senate and House of Representatives of the Confederate States:

I herewith transmit to Congress a communication from the Secretary of the Navy, covering a "detailed report of Flag-Officer Buchanan of the brilliant triumph of his squadron over the vastly superior forces of the enemy, in Hampton Roads, on the 8th and 9th of March last."

JEFFERSON DAVIS.

The rules were suspended, and the message and accompanying document laid on the table and ordered to be printed.

Mr. Chambliss offered

A joint resolution of thanks to the officers and men of the Patrick Henry, Jamestown, and Teazer, and other vessels engaged, for their gallant conduct and bearing in the naval combat and brilliant victory on the waters of James River on the 8th and 9th of March, 1862;
which was read the first and second times.

On motion of Mr. Chambliss,

The rules were suspended, and the resolution was taken up, engrossed, and passed unanimously.

Mr. Elliott, of the Committee on Enrolled Bills, reported as correctly enrolled

Page 212 | Page image

A bill to authorize the Secretary of the Treasury to pay district collectors in certain cases;

And the Speaker signed the same.

Mr. Kenner, from the Committee on Ways and Means, by unanimous consent, reported and recommended the passage of

A bill to authorize the Secretary of War to divide the appropriation for the contingent expenses of the War Department and the Army.

The rules were suspended;

The bill was taken up, read first and second times, engrossed, read a third time, and passed.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, viz:

Mr. Speaker: The Senate have passed a bill (S. 38) authorizing the issuance of Treasury notes under the denomination of five dollars: in which they request the concurrence of the House of Representatives.

On motion of Mr. Miles, the House took up a Senate bill authorizing the issue of Treasury notes under five dollars; which was read first and second times and referred to the Committee on Ways and Means.

On motion of Mr. Miles, the House took up the report of the joint committee in relation to amendment of the rules as to matters to be discussed in secret session.

Mr. Curry called for a division of the question.

And the question being upon the adoption of the first rule,

Mr. Dupré demanded the yeas and nays;

And the demand being sustained, the yeas and nays are recorded as follows, to wit:

It was decided in the affirmative,
• Yeas ... 42
• Nays ... 35

Yeas: Arrington, Ashe, Atkins, Batson, Boteler, Bridgers, Eli M. Bruce, Burnett, Chambliss, Chilton, Conrad, Conrow, Crockett, Currin, Curry, Dargan, Davidson, De Jarnette, Ewing, Gaither, Garland, Gentry, Goode, Graham, Heiskell, Holcombe, Holt, Jenkins, Lander, Lewis, McDowell, McQueen, Menees, Moore, Royston, Russell, Smith of Alabama, Strickland, Vest, Wilcox, Wright of Texas, and Wright of Tennessee.

Nays: Aver, Baldwin, Bell, Breckinridge, Horatio W. Bruce, Chambers, Clark, Clopton, Dawkins, Dupré, Farrow, Foote, Gardenhire, Garnett, Gartrell, Gray, Hanly, Hartridge, Hilton, Jones, Kenner, Machen, Marshall, Miles, Perkins, Preston, Pugh, Ralls, Sexton, Singleton, Smith of North Carolina, Smith of Virginia, Staples, Welsh, and Mr. Speaker.

Two-thirds not voting in the affirmative,

The first rule was not agreed to.

The second rule was adopted.

Mr. Miles offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Clerk of the House be instructed to pay, out of the contingent fund of the House, the per diem of the clerk of the Committee on Military Affairs upon the certificate of the chairman of said committee, the compensation allowed not to exceed five dollars per day.

Mr. Kenner offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Clerk of the House be instructed to pay, out of the contingent fund of the House, the per diem of the clerk of the Committee on Ways and Means

Page 213 | Page image

on the certificate of the chairman of that committee of the number of days that the clerk has been employed, provided that the per diem shall not exceed five dollars per day.

On motion of Mr. Holt,

The House then resolved itself into secret session.

SECRET SESSION.

The House being in secret session,

The Chair presented a message from the President: which is as follows, to wit:

Richmond, April 10, 1862.

Hon. Thomas S. Bocock,
Speaker of the House of Representatives.

Sir: I herewith transmit a letter from the Secretary of the Navy, submitting a proposition for the construction of ironclad vessels in Europe, and commend it to the attention of Congress.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Naval Affairs.

A message was received from the Senate, by the hands of the Secretary of that body, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed a joint resolution of the following title, viz:

• S. 8. A joint resolution to prevent the discharge of certain regiments now in the Army;

In which I am directed to ask the concurrence of this House.

On motion of Mr. Miles,

The House took up for consideration joint resolutions from the Senate to prevent the discharge of certain regiments now in the Army;
which were read first and second times;

When,

On motion of Mr. Holt,

The House adjourned until 12 o'clock to-morrow.

PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

PREVIOUS

NEXT

NEW SEARCH