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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 --FIFTY-FIRST DAY--THURSDAY, April 17, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FIFTY-FIRST DAY--THURSDAY, April 17, 1862.

OPEN SESSION.

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

The Speaker laid before the House a communication from the President,

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transmitting estimates of appropriations: which was read and, with its accompanying documents, referred to the Committee on Ways and Means.

The Speaker signed the following bill, reported by Mr. Elliott, from the Committee on Enrolled Bills, as correctly enrolled, to wit:

A bill to be entitled "An act to encourage the manufacture of saltpeter and of small arms;"

And the Speaker signed the same.

Mr. Elliott presented the petition of certain citizens of Kentucky for remuneration for provisions, etc., furnished the Army of the Confederate States; which was referred to the Committee on the Judiciary, without being read.

On motion of Mr. Foote, the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;

When,

On motion of Mr. Miles, the House took up for consideration

A bill to provide for the safe and expeditious transportation of troops and munitions of war by railroads.

The bill having been read as follows, viz:

A bill to provide for the safe and expeditious transportation of troops and munitions of war by railroads.

• Section 1. The Congress of the Confederate States of America do enact, That to facilitate the efficient, prompt, and uninterrupted transportation of troops and military munitions and supplies, the President shall appoint a military chief of railroad transportation, who shall have the rank of a lieutenant-colonel and receive compensation at the rate of five thousand dollars per annum, payable quarterly, who shall hold his office during the pleasure of the President, and who stroll be selected from the railroad officers in the Confederate States, with a special view to his judgment, skill, and experience in the practical details of railroad operations and machinery, and who shall hold no other office nor employment during its continuance.
• Sec. 2. Be it further enacted, That the said military chief of railroad transportation shall be authorized and required to divide the railroads in the Confederate States into not less than two nor more than four railroad districts, over each of which districts the President shall appoint a district military superintendent, who shall have the rank of a major, with the annual compensation of sixteen hundred dollars per annum, and who shall also be selected from the railroad officers of the Confederate States, with a special view to his judgment, experience, and skill in the operations and machinery of railroads, and who shall hold his office at the pleasure of the President.
• Sec. 3. Be it further enacted, That the acting president and superintendent of each railroad shall, ex officio, be the local and special military superintendents of the operations of each such railroad, and shall have the rank, respectively, the president of a major and the superintendent of a captain, but without any pay or pecuniary compensation to either by virtue of such rank.
• Sec. 4. Be it further enacted, That the roadmaster and each conductor of passenger trains and other trains conveying troops, of each railroad, shall have the rank, but without any pay as such, of a first lieutenant; and each chief station agent and section master shall have the rank, but without any pay as such, of second lieutenant.
• Sec. 5. Be it further enacted, That in all matters pertaining to their respective official duties as railroad officers and pertaining to railroad operations intrusted to their care each of the officers of railroads herein named shall have complete and exclusive control, and be subject to no interference or control of any military officer of whatever rank, except as hereinafter provided for; and that any military officer, of whatever rank, not engaged in the management of any railroad, who shall interfere with the movement of any train or other operations of such road, shall be deemed guilty of a military offense, and, upon charges preferred by the president of the railroad company, may be tried and punished at the discretion of a court-martial.
• Sec. 6. Be it further enacted, That each such railroad officer shall, as to the operations of his railroad and the protection of its property, be clothed, according to his rank and within the scope of his duties, with military authority over the agents and operatives and watchmen or guards under his authority, and over any other persons who may molest or intrude upon any property belonging to his railroad.

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• Sec. 7. Be it further enacted, That it shall be the duty of each district railroad superintendent, with the aid and after consultation with the presidents and superintendents of the railroads within his district, to arrange such schedules for the movement of Government trains as will insure, as far as practicable, their uninterrupted, safe, and prompt continuous transportation along their several railroads, without unnecessary delays on or at the termini of either of the railroads in his district, as well as to secure like close connections and uninterrupted transportation with the railroads of districts adjacent to his own. If. upon such consultation with such railroad presidents and superintendents, he shall fail to agree with them upon such schedules for uninterrupted transportation, he shall establish a schedule, to which it shall be obligatory on the officers of such railroads to conform the movements of their trains, if the officers of any such railroad, over which such schedules shall have been established, shall neglect or refuse to conform to such schedules the movement of their trains, then, upon the complaint of the said district military superintendent, and upon due notice of such complaint to the president or superintendent so neglecting or refusing, the chief of military transportation may, after a summary hearing of both parties, if he deem such complaint well founded, call upon the general commanding the department in which such recusant president or superintendent shall reside to take military possession of such railroad and deliver it to such district military superintendent, to be controlled and managed by such officers as such district superintendent may appoint, and so long as the said chief of military transportation may deem necessary to the military operations of the Government.
• Sec. 8. Be it further enacted, That whenever transportation for troops, officers, or military munitions or supplies is desired or required by any military officer, such officer shall give the earliest practicable notice of such requirement to the proper officer of the railroad or railroads over which such transportation is to be performed, who shall himself also give the promptest notice practicable of such requirement to the proper officer of each connecting railroad over which the same transportation is to be continued; and any such military officer making such a requisition shall designate the hour when such officers, troops, or military munitions or supplies will be completely ready for transportation, and it shall be his imperative duty to see that they are then so ready, and, after which hour no train shall be detained without the consent of the controlling officers of such railroad, but the hours of departure and arrival and all other matters relating to the movements of trains shall be controlled exclusively by such officers of the railroads performing the transportation.
• Sec. 9. Be it further enacted, That whenever, upon the representation of any general commanding any department, or in the judgment of any of the said district military superintendents, or of the said chief of military railroad transportation, or by a general commanding a division, when neither of the three above-named officers are present, it shall be deemed necessary, or of great importance to the public service, either to remove the rails or other movable structures, or the machinery of any railroad in any district, in order to prevent their capture by the public enemy, or to repair, extend, or alter the roadway, structures, or machinery of such railroad, or to construct any side tracks, water stations, warehouses, or other structures connected with any such railroad, such work shall be, upon the requisition of such district superintendents, promptly executed tinder the control and superintendence, if practicable, of the officers of such railroad, and, if they can not or will not execute it as promptly or as well as may be practicable by such district superintendent, the cost thereof in either case to be de(rayed by the Treasurer of the Confederate States, on the warrant of such district superintendent, and to be charged to and refunded by the company on whose railroad such structures are constructed, or such repairs, extensions, or alterations of roadway, structures, or machinery are made, to the extent only, however, and at the time when they shall be of value and importance to such company, irrespective of their exclusive value to the Government; such value to be determined by the estimate of three impartial arbitrators, one of whom shall be selected by such company, another by the Government, and by those two the third shall be chosen.
• Sec. 10. Be it further entitled, That if any superintendent or president of any railroad company shall willfully fail or refuse, upon a requisition made in the manner hereinbefore indicated, to furnish transportation for troops and munitions of war to the extent required, and to the extent of the capacity of the road, the officer or officers so offending shall be deemed guilty of a military offense, and for such offense shall be tried and punished at the discretion of a court-martial--a portion of the punishment inflicted by which, should the party tried be found guilty, shall be removal from official connection with the road.
• Sec. 11. Be it further enacted, That any officer or employee connected with any railroad upon whom by this act it is provided military rank shall be conferred, if he

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  fails willfully in any manner to perform his duty, as such officer or employee, whereby detention or detriment may occur in the transportation of troops or munitions of war, shall be deemed guilty of a military offense, and punished at the discretion of court-martial, a portion of the punishment inflicted by which, should the party tried be found guilty, shall be removal from office or employment in connection with the road: Provided, That the court-martial, to be ordered under this and the preceding section, shall he composed alike of officers upon whom by this act rank is conferred and of officers of the Army.

• Sec. 12. Be it further enacted, That the military chief of railroad transportation and the district superintendents shall each be entitled to one clerk, to whom shall be paid a salary of eight hundred dollars, except the clerk of the military chief, whose salary shall he one thousand two hundred dollars,

Mr. Miles moved to amend the same by striking out the word "five" and inserting in lieu thereof the word "three;" also to strike out the words "and who shall hold no other office or employment during its continuance."

Mr. Wilcox moved that the further consideration of the bill and amendment be indefinitely postponed.

Mr. Dupré called the question; which being ordered, the motion was lost.

Mr. Foote called the question; which being ordered, the amendment of Mr. Miles was agreed to.

Mr. Gardenhire demanded the previous question.

The demand was not seconded.

The question being on agreeing to the amendment offered by Mr. Lyons, which was to strike out all after the enacting clause in the bill and insert in lieu thereof the following:

That it shall be the duty of the Secretary of War, or such other officer as the President may charge with it, upon consultation with the Postmaster-General, to arrange a schedule for the transportation of troops, their baggage and stores, upon the railroads in the Confederate States, and to prescribe such rules and regulations for the management of the said roads as, in his judgment, may be necessary to enforce the said schedule and insure prompt and certain transportation, and for this purpose he shall have authority to convene at the city of Richmond and confer with the presidents of all the railroad companies in the Confederate States, and confer with them touching the same, defraying their necessary expenses while they are engaged in that duty.

• Sec. 2. A copy of said schedule and rules and regulations shall be furnished to the president of each railroad company, whose duty it shall be to cause the same to be faithfully observed and complied with, with the exception hereafter provided for.
• Sec. 3. Whenever it shall be necessary to transport troops with such haste that the regulations which have been prescribed for running the trains can not be complied with, any general officer commanding such troops shall have authority to take the control of any road and all its rolling stock and agents, and to issue such orders to its agents as may be necessary to effect the transportation of such troops, their baggage and stores, promptly and safely, which orders shall be faithfully and promptly obeyed by all the officers, agents, and employees of such railroad companies. If in such transportation a collision between two trains shall occur, either because the commanding officer has not given such orders as were necessary to prevent it or because those orders were not properly obeyed and executed, the offender shall be deemed guilty of a military offense and punished according to the extent of the injury caused by the collision an a court-martial may determine, before which it shall be the duty of the Secretary of War to cause such offender to be carried without delay for trial.
• Sec. 4. It shall be the duty of the Secretary of War to appoint a suitable person, who is not liable to active military duty, to act as inspector of the railroads, who shall, under the order of the Secretary of War, inspect all the railroads in the Confederate States, their rolling stock, workshops, and tracks, and report thereon from time to time to the said Secretary, noting and reporting especially all delinquencies, imperfections, and deficiencies in the roads, stock, and shops, and the manner of using the said roads and transporting troops.
• Sec. 5. The said inspector shall pass free on all the railroads, and, as compensation for his services, shall receive a salary not exceeding two thousand dollars per annum,

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  and he shall be removable from office at any time by the Secretary of War or the President.

• Sec. 6. The Secretary of War shall have authority, under the direction of the President, to cause any additional sidings or turnouts upon any railroad, which may be found necessary, to be made at the expense of the Government, and also to make any necessary repairs to any railroad, which the force and means of the rail road company may not be adequate to make, as soon as required by him. or in such manner as he may require, one-half of which expenditures shall be charged to the expenses of the war and the other half shall be refunded by the railroad company in annual installments of one-fourth each.
• Sec. 7. If any president or ether agent or employee of any railroad shall refuse or willfully fail to perform any duty required of him by this act, or shall refuse or willfully fail to obey any order, rule, or regulation which may be given, made, or prescribed under its authority, he shall be deemed to be guilty of a military offense, and liable to such punishment as a court-martial may order, not exceeding twelve months' imprisonment; and if a president, director, or superintendent of transportation, removal from office; and if an employee, to such military or fatigue duty in the Army during the continuance of the war as may be required of him.
• Sec. 8. This act shall be in force from its passage, and continue in force during the war, unless sooner repealed,

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

That it shall be the duty of the Secretary of War, or such other officer as the President may charge with it, upon consultation with the Postmaster-General, to arrange a schedule for the transportation of troops, their baggage and stores, upon the railroads in the Confederate States, and to prescribe, under the direction of the President of the Confederate States, such rules and regulations for the management of said roads as, in his judgment, may be necessary to enforce the said schedule and insure prompt and certain transportation, and for this purpose he shall have authority to convene at the city of Richmond and confer with the presidents of all the railroad companies in the Confederate States.

Further, that it shall be the duty of the Secretary of War and Postmaster-General to report at the next session of Congress the rules and regulations adopted, and, if any, what further legislation is required for the prompt and secure transportation of troops and Government stores.

Mr. Lyons, by consent, withdrew the third section of his amendment and called for the previous question; which was ordered.

The amendment to the amendment was then agreed to, and the amendment as amended to the original bill was lost.

The bill was then engrossed, read a third time, and the question being on the passage of the same, Mr. Wright of Georgia demanded that the vote be recorded by yeas and nays;

Which being seconded,

Are recorded as follows, to wit:
• Yeas ... 39
• Nays ... 83

Yeas: Arrington, Batson, Bell, Boyce, Horatio W. Bruce, Burnett, Conrow, Cooke, Currin, Davis, Dawkins, De Jarnette, Dupré, Farrow, Foote, Gardenhire, Gartrell, Graham, Hartridge, Hilton, Holcombe, Johnston, Lander, Lewis, Machen, Marshall, McQueen, Miles, Moore, Preston, Pugh, Sexton, Singleton, Staples, Strickland, Swan, Welsh, Wilcox, and Wright of Texas.

Nays: Ashe, Barksdale, Boteler, Bridgers, Eli M. Bruce, Chambliss, Chilton, Clark, Clopton, Curry, Davidson, Foster, Gaither, Gentry, Goode, Gray, Heiskell, Herbert, Holt, Jenkins, Jones, Kenan of North Carolina, Lyons, McDowell, McLean, McRae, Menees, Perkins, Rails, Royston, Russell, Wright of Georgia, and Mr. Speaker.

So the bill was passed.

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

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

• S. 10. Joint resolution to authorize the Secretary of the Treasury to pay the mileage and per diem of the members of the Provisional Congress out of the contingent fund of that Congress;

In which they request the concurrence of this House.

The Senate have also passed a bill of this House of the following title, viz:

• H. R. --. A bill to be entitled "An act making Augusta, Georgia, a port of delivery for goods imported into Charleston, South Carolina."

Mr. Tibbs, from the Committee on Enrolled Bills, reported as correctly enrolled

A bill to authorize the issue of Treasury notes;

And the Speaker signed the same.

A message was received from the President, by the hands of his Private Secretary, Mr. Harrison, informing the House that the President has to-day approved and signed the following bills, to wit:

• An act entitled "An act for the relief of Caroline Miller and her children;"
• Also, an act entitled "An act to authorize the Secretary of War to divide the appropriations for the contingent expenses of the War Department and the Army;" and
• Also, an act entitled "An act to authorize the employment of clerks at the offices of the Treasurer and assistant treasurers."

That the President on yesterday approved and signed

An act to amend an act entitled "An act to regulate the compensation of members of Congress," etc.;

Resolution of thanks to the officers and crews of the Patrick Henry, Jamestown, Teazer, and other vessels, for gallant conduct; and

Joint resolution of thanks to Gen. H. H. Sibley and his command.

Mr. McRae introduced

A bill to provide for the pay of adjutants of regiments and legions; which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Miles, from the Committee on Military Affairs, reported

A bill to amend an act to increase the military establishment of the Confederate States, and to amend the act for the establishment and organization of the Army of the Confederate States of America;
which was read the first and second times.

The rules were suspended;

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

Mr. Miles, from the same committee, reported

A bill to amend an act to provide for an increase of the Quartermaster and Commissary Departments,
with the recommendation that it pass.

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

The Congress of the Confederate States do enact, That, the proviso of the act entitled "An act to provide for an increase in the Quartermaster and Commissary Departments," approved February fifteenth, eighteen hundred and sixty-two, be amended by inserting in the third line of said proviso the words "except for depots and fixed posts, and with the special permission of the Secretary of War, and the clerks so employed by special permission shall receive a compensation of eighty dollars per month."

Mr. Pugh moved to amend the bill by striking out the words "eighty dollars per month," as the compensation of the clerks to be

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employed thereby, and inserting in lieu thereof "fifty dollars per month."

The amendment was agreed to.

Mr. Smith of Virginia moved to amend the bill by adding thereto the following:
Provided, That no one shall be employed in such service who is subject to military duty;
which was agreed to.

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

On motion,

The House again resolved itself into secret session.

SECRET SESSION.

The House being in secret, session,

Mr. Pugh presented a memorial of citizens of Butler County, Ala., praying for establishment of a mail route: which was referred to the Committee on Post-Offices and Post-Roads, without being read.

Also, a memorial; which was referred to the Committee on Post-Offices and Post-Roads.

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

A bill to prevent the exportation of either cotton or tobacco the growth of the, present year;
which had been reported back from the Committee of the Whole, with the recommendation that it pass with an amendment.

And the question being upon agreeing to the amendment, which is to strike out all of the original bill; which is as follows, to wit:

An act to prohibit the exportation of either cotton or tobacco of the present crop, except, in certain cases.

• Section 1. The Congress of the Confederate States of America do enact, That it shall not be lawful, after the passage of this act, to export either cotton or tobacco, turpentine or naval stores, from said Confederate States to foreign states, either by land or water, unless in exchange for munitions of war, ironclad steamers, or other articles of essential use in war, unless the articles received in exchange therefor shall be first brought within the limits of the Confederate States, and beyond the reach of the blockading squadron: Provided, however, That this act shall not apply to the exportation of cotton or tobacco heretofore purchased bona fide by citizens of foreign states, and now in their actual ownership: And provided further, That this act shall cease to be in force after the existing blockade of the ports of the Confederate States shall have terminated,
  and to insert in lieu thereof the following, to wit:
  • Section 1. Be it enacted by the Congress of the Confederate States of America, That from and after the passage of this act no one shall export from any of the ports of the Confederate States any cotton, tobacco, rice, rosin, turpentine, naval stores, or timber, unless such person shall first obtain from the President permission in writing to make such shipment to foreign ports, other than the United States; and shall also take an oath before any judge or justice of a court of record, to be filed with the clerk thereof, that it is bona fide the intention of the affiant to make such shipment to some foreign port, other than the United States, and to procure in return therefor arms, munitions of war, iron, ironclad steamers, shoes, blankets, medicines, or other articles needed by the Government for the prosecution of the war, or for the comfort or the efficiency of the Army of the Confederate States; and such return cargoes shall come into the ports of the Confederate States free of duty.
  • Sec. 2. Be it further enacted, That if it shall appear afterwards that any one who tins taken the above-described oath has made such shipment to any port of the United States, or sold the same in any other port to any citizen of the United States, or agent of such citizen, or that such vessel has been absent for the period of nine months, or

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    has returned in safety to any port of the Confederate States, without bringing in a cargo of any of the articles mentioned in the first section of this act, such acts, or either of them, shall be deemed prima facie evidence of the guilt of the shipper of such exports, and the onus of proof shall then be on him to shew his innocence.

  • Sec. 3. Be it further enacted, That whenever the President may deem it advisable that any of said articles of export should be shipped to foreign ports, other than the United States, for any other purpose than those enumerated herein, either to raise funds, purchase war steamers, or any articles necessary to the prosecution of the existing war, he may authorize such shipment under such regulations as he may establish to accomplish the objects above specified, and no other objects whatever.
  • Sec. 4. Be it further enacted, That the provisions of this act shall not operate to prohibit any citizen or subject of any foreign country, other than the United States, from importing from such foreign country, other than the United States, the articles enumerated in the first section of this act, free of duty, and receiving in exchange therefor, or the proceeds thereof, after delivery of said fin ports into any port of the Confederate States, any of said articles of export and shipping the same to any foreign port, other than the United States.
  • Sec. 5. Be it further enacted, That any person, his aiders or abettors, who shall violate the provisions of this act shall forfeit such articles of export, and be fined a sum not less than one nor more than five thousand dollars, and imprisoned for a period net less than five years. And any one who shall inform against such guilty person shall be entitled to receive, upon conviction of such guilty person, one-fourth of the articles forfeited as aforesaid, and the same amount out of the said fine, when collected. And it shall be the duty of all district attorneys of the Confederate States to institute prosecutions against such guilty, person or persons, their aiders abettors, by indictment or otherwise, and the judges of the several district courts shall give this act in charge to the grand juries thereof.
  • Sec. 6. Be it further enacted, That whenever the President shall, by proclamation or otherwise, make it known that the Confederate States are sufficiently supplied with arms, munitions of war, iron, medicines, and other articles necessary for the comfort or the efficiency of the Army of the Confederate States, or necessary to the prosecution of the existing war, then other articles of trade may be imported, free of duly, into the Confederate States, and exchanged for said articles of export, and shipped upon the conditions and under the regulations specified in this act.
  • Sec. 7. Be it further enacted, That this act shall continue in force during the existence of the present blockade, and no longer.

Mr. Gray moved to amend the amendment by adding at the end of the first section of the same the following, to wit:
Provided, That this act shall not apply to the exportation of cotton or tobacco by loyal citizens overland to Mexico, a coterminous neutral country,

And upon which he demanded the previous question;

When,

Mr. Conrad demanded the yeas and nays; and

The demand being sustained,

They are recorded as follows, to wit:
• Yeas ... 50
• Nays ... 26

Yeas: Arrington, Ashe, Ayer, Barksdale, Batson, Bell, Boteler, Boyce, Horatio W. Bruce, Burnett, Chambliss, Chilton, Cooke, Davidson, Dawkins, De Jarnette, Dupré, Foote, Foster, Gaither, Gardenhire, Gartrell, Goode, Hanly, Harris, Heiskell, Hilton, Holcombe, Jones, Kenan of North Carolina, Lander, Lewis, Marshall, McDowell, McLean, McRae. McQueen, Menees, Miles, Perkins, Preston, Pugh, Royston Smith of Virginia, Staples, Strickland, Tibbs, Trippe, Vest, and Welsh.

Nays: Breckinridge, Bridgers, Clopton, Conrad, Conrow, Curry, Davis, Elliott, Gentry, Graham, Gray, Hartridge, Herbert, Holt, Jenkins, Johnston, Kenner, Lyons, Machen, Moore, Ralls, Russell, Swan, Wilcox, Wright of Georgia, and Wright of Texas.

So the House refused to order the main question.

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Mr. Gardenhire called the question, which was upon agreeing to the amendment to the amendment offered by Mr. Gray; and

The demand being sustained, the amendment to the amendment was agreed to.

Mr. Davis moved to postpone the further consideration of the bill and amendment to the third Monday in August next.

Upon which Mr. Foote demanded the yeas and nays; and

The demand being sustained,

They are recorded as follows, to wit:
• Yeas ... 39
• Nays ... 37

Yeas: Ashe, Boyce, Breckinridge, Eli M. Bruce, Burnett, Clopton, Conrad, Conrow, Curry, Davidson, Davis, Dawkins, Dupré, Gaither, Gardenhire, Gentry, Goode, Graham, Gray, Hanly, Harris, Hartridge, Herbert, Holt, Johnston, Jones, Kenner, Lyons, Machen, McDowell, McRae, Pugh, Ralls, Russell, Smith of Virginia, Tibbs, Trippe, Wilcox, and Wright of Texas.

Nays: Arrington, Ayer, Barksdale, Batson, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clark, Cooke, Currin, Elliott, Foote, Foster, Gartrell, Heiskell, Hilton, Holcombe, Kenan of North Carolina, Lander, Lewis, Marshall, McLean, McQueen, Menees, Miles, Moore, Perkins, Preston, Royston, Staples, Strickland, Swan, Vest, and Welsh.

So the motion to postpone prevailed.

Mr. Lyon moved to reconsider the vote just taken.

Upon which Mr. Arrington demanded the yeas and nays.

The demand was not sustained, and the motion to reconsider did not prevail.

Mr. Jones moved to suspend the rules for the purpose of considering bills from the Military Committee.

The motion prevailed, and the House, on motion of Mr. Miles, resolved itself into open session; and having spent some time therein, again resolved itself into secret session;

When,

A message was received from the President, by the hands of his Private Secretary, Mr. Harrison.

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

Executive Department, April 17, 1862.

To the House of Representatives:

I herewith transmit a communication from the Secretary of War, containing an estimate of additional funds required for the Ordnance Bureau for the period ending December 1, 1862.

I recommend that an appropriation be made of the sums, and for the purposes specified.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

Mr. Wright of Georgia, by unanimous consent, introduced

A bill supplementary to an act further to provide for the public defense;
which was read first and second times;

When,

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Mr. Perkins moved to amend by adding as section 2 the following, to wit:

The Congress of the Confederate States do enact, That the act entitled "An act further to provide for the public defense," except in so far as it relates to the enrollment of all persons comprehended within its provisions, shall not take effect in any State which shall have at the date of the passage of the act, in the field for three years or for the war, the number of persons subject to military service under its provisions, or which shall furnish such number of persons at the call of the President, within thirty days after such call shall have been issued: Provided nevertheless, Should the number of persons furnished by any of the said States to the Confederate service, at any time fall below the number required under this act, and the deficiency be not supplied after a call of thirty days by the President, the provisions of this act shall take immediate effect.

Mr. Foote demanded the previous question; and the call being sustained, he demanded the yeas and nays on agreeing to the amendment of Mr. Perkins; and the demand being sustained,

They are recorded and are as follows, to wit:
• Yeas ... 14
• Nays ... 57

Yeas: Ayer, Boyce, Bridgers, Clopton, Curry, Davidson, Davis, Foote, Gaither, Gentry, Hanly, McQueen, Perkins, and Ralls.

Nays: Arrington, Ashe, Barksdale, Batson, Bell, Boteler, Horatio W. Bruce, Eli M. Bruce, Chambliss, Chilton, Clark, Conrad, Conrow, Cooke, Currin, Dawkins, De Jarnette, Dupré, Farrow, Gardenhire, Gartrell Goode Graham, Gray, Harris, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Jenkins, Jones, Kenan of North Carolina, Kenner, Lander, Lewis, Lyons, Machen, Menees, Miles, Preston, Pugh, Royston, Russell, Sexton, Singleton, Smith of Virginia, Staples, Strickland, Swan, Tibbs, Welsh, Wilcox, Wright of Georgia, Wright of Texas, and Mr. Speaker.

So the amendment was lost, and the bill was engrossed and read a third time;

When,

Mr. Davis demanded the yeas and nays on the passage of the same.

The demand was not sustained, and the bill was passed.

On motion of Mr. Conrad, the House took up for consideration

A joint resolution from the Senate authorizing the Secretary of the Navy to contract for the construction, in Europe, of six ironclad vessels;

When,

Mr. Conrad moved to amend the same as follows, to wit: Strike out "Secretary of the Navy" and insert in lieu thereof "President;" also by striking out the word "his" and inserting "the;" and also add, after the word "communication," the words "Secretary of the Navy;" also by striking out the words "the President" and inserting in lieu thereof the word "him," wherever occurring; also by striking out the words "and the contract when signed shall be submitted to the President, and shall not be binding until he has approved it," and inserting in lieu thereof "But the President may in his discretion contract and agree to any change or modification of the terms and conditions mentioned in said communication that may be deemed expedient."

The amendments were agreed to, and the resolution as amended read a third time and passed.

Mr. Harris, from the Committee on Military Affairs, reported and recommended the passage of

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A bill to aid in the construction of certain lines of railroad in the States of Louisiana and Texas;
which was read first and second times, and on the question,

Shall the bill be postponed and placed on the Calendar?

Mr. Curry demanded the yeas and nays; and

The demand being sustained,

• They are recorded as follows, to wit:
• Yeas ... 27
• Nays ... 39

Yeas: Ashe, Ayer, Boyce, Bridgers, Chilton, Clopton, Curry, Davidson, Dawkins, Farrow, Foote, Foster, Hartridge, Jones, Kenan of North Carolina, Lander, McDowell, McLean, McQueen, Miles, Pugh, Ralls, Royston, Singleton, Staples, Welsh, and Mr. Speaker.

Nays: Arrington, Barksdale, Batson, Boteler, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambliss, Clark, Conrad, Conrow, Cooke, Currin, Davis, De Jarnette, Dupré, Gaither, Gardenhire, Gartrell, Gentry, Goode, Gray, Hanly, Harris, Heiskell, Herbert, Hilton, Kennet, Lewis, Machen, McRae, Menees, Perkins, Sexton, Swan, Tibbs, Trippe, Wilcox, and Wright of Texas.

So the House refused to postpone the consideration of the bill and to place it on the Calendar, and the bill was engrossed and read a third time.

And the preamble of the same being under consideration; which is as follows, to wit:

Whereas information has been communicated to the Congress that the completion of a line of railroad connecting New Iberia, in the State of Louisiana, with Houston, in the State of Texas, is a military necessity,

Mr. Perkins moved to amend by striking out the same and inserting in lieu thereof the following, to wit:

Whereas the Confederate States are engaged in actual war, and the President has recommended for military reasons the construction of a railroad connecting New Iberia, in the State of Louisiana, with Houston, in the State of Texas, and the commanding general at New Orleans has declared it to be at the present moment a great military necessity.

The amendment was agreed to.

And the question being upon the passage of the bill, Mr. Curry demanded the yeas and nays; and

The demand being sustained,

They are recorded as follows, to wit:
• Yeas ... 34
• Nays ... 30

Yeas: Arrington, Barksdale, Batson, Bell, Horatio, W. Bruce, Eli M. Bruce, Burnett, Conrad, Conrow, Cooke, Davidson, Dupré, Gaither, Gattrell, Gentry, Gray, Harris, Herbert, Hilton, Holcombe, Kenner, Lewis, Lyons, Machen, Marshall, McRae, Menees, Perkins, Read, Sexton, Strickland, Wilcox, Wright of Georgia, and Wright of Texas.

Nays: Ashe, Ayers, Bridgers, Chilton, Clark, Clopton, Curry, Davis, Dawkins, Farrow, Foote, Foster, Hanly, Hartridge, Heiskell, Holt, Jones, Kenan of North Carolina, Lander, McQueen, Miles, Pugh, Ralls, Royston, Singleton, Smith of Virginia, Tibbs, Trippe, Welsh, and Mr. Speaker.

So the bill was lost.

Mr. Machen moved that the House do now adjourn.

The motion was lost.

Mr. Perkins moved that the House take a recess until 7.30 o'clock p. m.

The motion was lost.

Page 261 | Page image

Mr. Davis moved to reconsider the vote by which the bill for the completion of a railroad from New Iberia to Houston was lost.

A message was received from the President, by the hands of his Private Secretary, Mr. Harrison.

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

Executive Department, April 17, 1862.

To the Senate and House of Representatives:

I herewith transmit, for the information of Congress, a communication from the Secretary of the Navy, covering estimates of the amount required by the Navy Department for specified purposes.

I recommend that an appropriation be made of the sums, and for the objects mentioned.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

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

Mr. Speaker: The Senate have passed bills of this House of the following titles, viz:

• (Open.) H. R. --. A bill to be entitled "An act to increase the clerical force of the Quartermaster-General's Bureau;"
• (Open.) H. R. --. A bill to be entitled "An act to limit the compensation of clerks, marshals, and district attorneys of the Confederate States;"
• (Open.) H. R. --. A bill to be entitled "An act regulating the fees of clerks, and for other purposes;" and
• (Open.) H. R. --. A bill to be entitled "An act to amend an act for the establishment and organization of a general staff of the Army of the Confederate States of America," with an amendment;

  In which i am directed to ask the concurrence of this House; also

• (Open.) H. R. --. A bill regulating the fees of marshals, and for other purposes.

The Senate have agreed to the amendment of the House to the bill (S. 25) to be entitled "An act relative to the pay and allowances of deceased soldiers."

The President of the Confederate States, on yesterday, approved and signed an act to further provide for the public defense.

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

• S. 44. A bill to be entitled "An act in relation to auditing accounts for the War Department;"

In which they request the concurrence of this House.

Mr. Tibbs asked leave to record his vote in the affirmative on the passage of a bill further to provide for the public defense.

The leave was refused.

And on motion of Mr. Davis,

The House adjourned until 11 o'clock to-morrow.

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