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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 --FORTY-EIGHTH DAY--MONDAY, April 14, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Ralls.
The Chair laid before the House a communication from the President; which is as follows, to wit:
To the House of Representatives:
I herewith transmit a communication from the Secretary of War, conveying information, so far as practicable, in response to a resolution of the House of Representatives, requesting the President to communicate what steps have been taken to carry out the act for connecting the Richmond and Danville and the North Carolina railroads and for the connection of the railroad from Selma, in Alabama, to Meridian, in Mississippi.
JEFFERSON DAVIS.
which was read and, with its accompanying documents, laid upon the table.
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The Chair also laid before the House the following communication from the President:
To the Senate and House of Representatives:
I herewith transmit to Congress a report of the Postmaster-General, supplementary to a report previously submitted, and conveying certain documents relative to "frauds perpetrated on the revenues of the Post-Office Department by the Southern Express Company."
I recommend that the suggested alteration of the existing laws receive the careful attention of Congress.
JEFFERSON DAVIS.
which was read and, with its accompanying documents, referred to the Committee on Post-Offices and Post-Roads.
The House then proceeded to the consideration of a bill to authorize the employment of clerks at the offices of the Treasurer and assistant treasurers; which was returned from the Senate with the following amendment, to wit: Add to the bill the words
And provided further, That a preference shall in all cases be given in making appointments, the qualifications being equal, to those who have been discharged from the military service of the country on account of wounds received or disease contracted in the line of duty.
And the question being on concurring in the amendment,
The same was agreed to.
A joint resolution of the Senate, appointing a joint committee on enrolled bills, was taken up and agreed to; and
The Chair announced as the committee on the part of the House: Messrs. Elliott of Kentucky, Chambers of Mississippi, and Tibbs of Tennessee.
On motion of Mr. Chambers, the House then resolved itself into secret session; and having spent some time therein, again resolved itself into open session;
When,
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled
A joint resolution directing how prize money shall be paid in certain cases.
The Speaker signed the same.
The following bill and joint resolutions were signed by the Speaker, having been reported by Mr. Elliott, chairman of the Committee on Enrolled Bills, as correctly enrolled, viz:
A bill to amend an act entitled "An act to regulate the compensation of members of Congress," etc.;
Joint resolution of thanks to Gen. H. H. Sibley and his command; and
Joint resolution of thanks to the officers and crews of the Patrick Henry, Jamestown, Teazer, and other vessels, for gallant conduct.
On motion, the House again resolved itself into secret session.
SECRET SESSION.
The House being in secret session, resumed the consideration of the unfinished business of the last secret session, which was the amendment of Mr. Chambers to the first section of a bill further to provide for the public defense.
Mr. Wilcox called the question; which was seconded;
When,
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Mr. Chambliss demanded the yeas and nays;
And the demand being sustained,
Yeas: Ayer, Batson, Bell, Boteler, Boyee, Bridgers, Chambers, Chambliss, Clark, Davidson, Dawkins, Dupré, Farrow, Foote, Foster, Gaither, Garnett, Gartrell, Gentry, Goode, Graham, Hanly, Hartridge, Hilton, Holcombe, Johnston, Jones, Kenan of North Carolina, Marshall, McDowell, McQueen, Menees, Miles, Preston, Ralls, Russell, Sexton, Staples, Trippe, Welsh, Wright of Georgia, and Mr. Speaker.
Nays: Arrington, Barksdale, Breckinridge, Eli M. Bruce, Burnett, Chilton, Clopton, Conrad, Conrow, Cooke, Crockett, Currin, Dargan, Elliott, Ewing, Gardenhire, Gray, Harris, Heiskell, Herbert, Holt, Jenkins, Kenner, Lander, Lyon, Lyons, Machen, McLean, McRae, Moore, Perkins, Pugh, Royston, Singleton, Smith of Virginia, Tibbs, Vest, Wilcox, and Wright of Texas.
So the amendment was agreed to.
Mr. Russell moved to amend by striking out the words "be and the same are hereby repealed" and inserting in lieu thereof
cease to have effect from the first day of June next but until that time any company, battalion, squadron, or regiment may be organized under said act if a sufficient number of men shall have enlisted therein.
The amendment was lost.
Mr. Clopton moved to amend by inserting after the words "be granted" the words
as early after the expiration of the term of enlistment as the vacancies created thereby can be supplied by details or companies from the reserve provided for in the sixth section of this act.
The amendment was not agreed to.
Mr. Davis moved to amend by striking out the words "thirty-five" and inserting in lieu thereof the words "forty-five."
Mr. Curry called the question; which was seconded, and the amendment was lost.
Mr. Foote moved to amend by adding at the end of the section the following, to wit:
And the members of the two Houses of Congress, after the close of the present session, shall not be exempt from service in the Army, but shall each be subject to serve as soldiers, until the next meeting of the same, without regard to age or occupation, and afterwards when not engaged in legislative session.
Mr. Gartrell called the question; which was seconded;
And Mr. Foote demanded the yeas and nays.
The demand was not sustained, and the amendment was lost.
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 rejected a joint resolution of this House of the following title, viz:
A joint resolution authorizing the President to send additional commissioners to foreign countries, and for other purposes.
Mr. Breckinridge moved to amend by inserting after the word "States" the words
Provided further, That during said forty days the members of each company may enlist in any company, squadron, battalion, or regiment not at the time full.
The amendment was lost.
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Mr. Swan moved to amend by inserting after the word "brigade" the words
where it shall so happen that a regiment, battalion, or company has not been assigned to a brigade, then within forty days after the assignment of the regiment, battalion, or company to a brigade.
The amendment was lost.
Mr. Jones demanded the previous question, upon which motion he demanded the yeas and nays;
And the demand being sustained,
The yeas and nays are recorded as follows, to wit:
Yeas: Arrington, Bell, Chilton, Clopton, Conrow, Cooke, Currin, Curry, Dargan, Dupré, Elliott, Ewing, Gardenhire, Gartrell, Goode, Harris, Holt, Jenkins, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McLean, McRae, Pugh, Royston, Singleton, Strickland, Vest, Welsh, and Wilcox.
Nays: Ashe, Ayer, Barksdale, Batson, Boteler, Boyce, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambers, Chambliss, Clark, Conrad, Davidson, Davis, Dawkins, Foote, Foster, Gaither, Garnett, Graham, Gray, Hanly, Hartridge, Heiskell, Herbert, Hilton, Johnston, Kenner, Lyons, Marshall, McQueen, Menees, Miles, Moore, Perkins, Preston, Ralls, Russell, Sexton, Smith of Alabama, Smith of Virginia, Swan, Tibbs, Trippe, Wright of Texas, and Mr. Speaker.
So the main question was not ordered.
Mr. Lyons moved to amend by substituting in lieu of the first section the following, to wit:
That for the purpose of raising and arming, the President is required to call out and place in the service of the Confederate States, for three years, unless the war shall have been sooner ended, all white men who are residents of the Confederate Slates, between the ages of eighteen and thirty-five years at the time the call or calls aforesaid may be made, who are at the time not legally exempt from military duty, and to arrange the same into companies, battalions, regiments, and brigades, according to existing laws: Provided, That so many of the said men as may be required to fill up the companies now in the Army shall be assigned to said companies: And provided also, That all persons now in the Army of the Confederate States, whose term of service was for one year, stroll be retained for two years only after that term shall expire.
All companies, regiments, and battalions now in the Army shall retain their present officers, unless they shall be removed by competent authority, for sufficient cause; but the officers of all other companies, battalions, or regiments shall be appointed from said companies, battalions, or regiments, by the President, by and with the advice and consent of the Senate, and shall be commissioned by the President.
Furloughs not exceeding sixty days, with transportation to their homes and back again, shall be granted at such times as the Secretary of War may deem compatible with the public interest, to all those men who shall be retained in the service for the term of three years, unless they have heretofore received furloughs under the provisions of an act providing for the granting of bounty and furloughs to privates and noncommissioned officers of the Provisional Army, approved eleventh December, eighteen hundred and sixty-one, or commutation of transportation shall be paid in money to all those entitled to such furloughs who shall elect to receive it in lieu of furloughs.
All persons under the age of eighteen and over the age of forty-five now in the Army may be continued in the service in which they are now engaged for ninety days after the expiration of their present term of service, and then discharged, unless they choose to enlist for three years, or for the war.
The amendment was lost.
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Mr. Gaither moved to amend by inserting after the word "service" the following, to wit: "or who are not members of some company in the organized military service of the State."
The amendment was lost.
Mr. Boyce moved to amend by substituting for the section the following, to wit:
That the President is hereby authorized to retain in the service for six months, if the military exigencies in his judgment require it, all the twelve months' volunteers, with their existing organizations, after the expiration of their present term of service. That any regiment, battalion, squadron, company, or legion so retained, may, within thirty days after the expiration of their original term of service, reorganize for two years or the war, electing their own officers, field and company, according to existing law, and when reorganized, all promotions shall be made by seniority, except that officers of the lowest grade shall be elected by the officers and soldiers of the company, respectively.
The amendment was lost.
Mr. Barksdale moved to suspend the rules in order to make a motion to amend a rule of the House.
The motion prevailed.
And on motion of Mr. Barksdale, the rule adopted by the House limiting debate was amended by striking out "twenty-five minutes" therefrom and inserting "five minutes."
Mr. Russell, by consent, withdrew his substitute for the bill, and moved to amend by substituting for the first section the following, to wit:
That, during the present war, the President may, at his discretion, call forth all or any of the militia, of all or any of the States, to be employed in the service of the Confederate States as long and as often, whenever any of the States shall be invaded, or in danger of invasion, as he shall deem necessary.
Mr. Russell called the question; which was seconded, and the amendment was lost.
Mr. Graham moved to reconsider the vote by which the amendment of Mr. Chambers to the first section was adopted.
The motion prevailed.
And the question being upon agreeing to the amendment,
Mr. Garnett demanded the yeas and nays;
And the demand being sustained,
Yeas: Batson, Boteler, Chambers, Chambliss, Clark, Curry, Davidson, Farrow, Foote, Foster, Gaither, Garnett, Gartrell, Gentry, Goode, Hanly, Hartridge, Holcombe, Jones, Kenan of North Carolina, Marshall, McQueen, Menees, Miles, Russell, Strickland, Trippe, Welsh, Wright of Georgia, and Mr. Speaker.
Nays: Arrington, Barksdale, Horatio W. Bruce, Eli M. Bruce, Burnett, Chilton, Clopton, Conrad, Conrow, Crockett, Currin, Dargan, Dupré, Elliott, Ewing, Gardenhire, Graham, Gray, Heiskell, Herbert, Holt, Jenkins, Kenner, Lander, Lewis, Lyon, Lyons, Machen, McDowell, McLean, McRae, Moore, Perkins, Pugh, Ralls, Royston, Sexton, Singleton, Smith of Virginia, Swan, Vest, and Wilcox.
So the amendment was lost.
Mr. Barksdale called the previous question.
Upon which Mr. Menees demanded the yeas and nays;
And the demand being sustained,
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Yeas: Arrington, Barksdale, Boteler, Burnett, Chilton, Clopton, Conrow, Crockett, Currin, Curry, Dargan, Davidson, Davis, De Jarnette, Dupré, Elliott, Ewing, Gaither, Gardenhire, Gartrell, Heiskell, Holcombe, Holt, Jenkins, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McDowell, McLean, McRae, Pugh, Royston, Singleton, Smith of Virginia, Strickland, Vest, Welsh, and Wilcox.
Nays: Ayer, Batson, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chambers, Chambliss, Clark, Dawkins, Farrow, Foote, Foster, Garnett, Gentry, Goode, Graham, Gray, Hanly, Hartridge, Herbert, Hilton, Kenner, Lyons, McQueen, Menees, Miles, Moore, Perkins, Ralls, Russell, Sexton, Swan, Trippe, Wright of Georgia, and Mr. Speaker.
So the House refused to order the main question.
Mr. Menees moved to amend by striking out "three" and inserting "four" in the third and eighth lines of the section.
The amendment was lost.
And section 2 being under consideration; which is as follows:
Mr. Swan moved to amend by inserting after the word "organization" the words "according to the laws heretofore in force."
The amendment was lost.
Mr. Perkins moved to insert after the words "now in service" the words "except that the cavalry service may be reorganized with men now in that service."
The amendment was lost.
Mr. Curry moved that when the House adjourn to-day it adjourn to meet at 11 o'clock a. m. to-morrow.
Mr. Davis moved to amend the motion of Mr. Curry by striking out "11 o'clock a. m." and inserting in lieu thereof "8 o'clock a. m."
The amendment was lost, and the motion of Mr. Curry prevailed.
Mr. Russell moved to amend by inserting after the word "service" the words "except such as have heretofore enlisted therein."
The amendment was lost.
Mr. Foote moved to amend by inserting as section 3 the following, to wit:
Be it further enacted, That the citizen soldiers who are hereafter to constitute the military force herein provided for, shall be allowed to preserve their existing political relations with the States to which they respectively appertain; shall be designated in the ranks of the Confederate Army in such manner as clearly to indicate that fact, and at the termination of the war they shall be again resolved into the general mass of the militia of those States, respectively.
The amendment was lost.
Mr. Foote moved to amend by inserting as section 4 the following, to wit:
Be it further enacted, That nothing in this act contained shall be so construed, as in its practical operation to impair, in least degree, the separate State sovereignty and independence of the Confederate States, or as calling into question their right, by separate State action, to interpose for the purpose of arresting, within its own limits,
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any act deemed by itself palpably unconstitutional and oppressive, or to deprive said States, or either of them, of the essential means, as well in war as in peace, of defending from infraction its own reserved rights, or of employing to this end the whole military strength properly appertaining to it.
The amendment was lost.
Mr. Miles moved to amend by inserting the word "squadrons" after "companies," in the tenth line, after "battalion," in the twenty-eighth line, and after "companies," in the twenty-ninth line.
The amendment was agreed to.
Mr. Burnett called the previous question.
Upon which Mr. Garnett demanded the yeas and nays;
And the demand being sustained,
Yeas: Arrington, Barksdale, Boteler, Burnett, Chambers, Chilton, Clopton, Conrad, Conrow, Cooke, Crockett, Currin, Curry, Dargan, Davidson, Davis, Dupré, Elliott, Ewing, Farrow, Gaither, Gardenhire, Gartrell, Gentry, Goode, Graham, Gray, Heiskell, Hilton, Holcombe, Holt, Jenkins, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McDowell, McLean, McRae, Moore, Pugh, Royston, Singleton, Smith of Virginia, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Ayer, Batson, Horatio W. Bruce, Eli M. Bruce, Chambliss, Clark, Dawkins, Foote, Foster, Garnett, Hanly, Hartridge, Kenner, Marshall, McQueen, Miles, Perkins, Ralls, Russell, Sexton, Strickland, Swan, Trippe, Wright of Georgia, and Mr. Speaker.
So the main question was ordered,
And the bill was engrossed and read a third time.
Mr. Garnett moved to reconsider the vote by which the bill was ordered to be engrossed for a third reading.
The motion did not prevail.
And the question being on the passage of the bill,
Mr. Foote demanded the yeas and nays;
And the demand being sustained,
Yeas: Arrington, Barksdale, Batson, Boteler, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambers, Chilton, Clopton, Conrad, Conrow, Cooke, Crockett, Currin, Curry, Dargan, Dawkins, Dupré, Elliott, Ewing, Gardenhire, Gartrell, Graham, Gray, Heiskell, Hilton, Holt, Jenkins, Kenan of North Carolina, Kenner, Lander, Lewis, Lyon, Lyons, Machen, McDowell, McLean, McRae, Menees, Miles, Moore, Pugh, Ralls, Royston, Sexton, Singleton, Smith of Virginia, Swan, Vest, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Ayer, Boyce, Chambliss, Clark, Davidson, Davis, Farrow, Foote, Foster, Gaither, Garnett, Gentry, Goode, Hanly, Hartridge, Herbert, Holcombe, Jones, Marshall, McQueen, Perkins, Russell, Strickland, Trippe, Welsh, and Wright of Georgia.
So the bill was passed.
Mr. Davis [moved] to remove the injunction of secrecy from the bill and called [the] question; which was seconded.
Pending which,
The House, on motion of Mr. Moore,
Adjourned until 11 o'clock to-morrow.
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