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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-SECOND DAY--FRIDAY, April 18, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FIFTY-SECOND DAY--FRIDAY, April 18, 1862.

OPEN SESSION.

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

Mr. Miles, from the Committee on Military Affairs, to whom was referred

A bill to raise bands of partisan rangers within the enemy's lines, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Miles, from the same committee, reported

A bill to organize bands of partisan rangers;
which was read the first and second times.

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The rules were suspended;

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

The Chair presented certain estimates of the Clerk of the House; which were referred to the Committee on Accounts.

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

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

A bill to regulate the collection of the war tax in certain States invaded by the enemy;

A bill to amend an act entitled "An act to increase the Corps of Artillery, and for other purposes," approved August 21, 1861; and

A bill to provide for the payment of officers of the Virginia militia for services rendered.

The Speaker signed the same.

Mr. Conrad introduced

A bill to amend the act to authorize and provide for the organization of the Maryland Line, approved February 15, 1862;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Chambliss offered

A resolution that 1,000 copies of the report of Captain Pegram of the cruise of the Nashville be printed;
which was referred to the Committee on Printing.

On motion of Mr. Smith of Virginia,

The House then took up for consideration a bill from the Calendar to provide for the enlistment of cooks in the Army.

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

Be it enacted by the Senate and House of Representatives in Congress assembled, That hereafter it shall be the duty of the captain or commanding officer of his company to enlist four cooks for his company, whose duty it shall be to cook for such company, taking charge of the supplies, utensils, and other things furnished therefor, and safely keeping the same, subject to such regulations as may be prescribed by the War Department or the colonel of the regiment to which such company may be attached.

And be it further enacted, That the cooks so directed to be enlisted may be white or Black, free or slave persons: Provided, however, That no slave shall be so enlisted without the written consent of his owner. And such cook shall be enlisted as such only and put on the muster roll and paid at the time and place the company may or shall be paid off, twenty dollars per month to the chief or head cook, and fifteen dollars per month for each of the assistant cooks, together with the same allowance for clothing or the same commutation therefor that may be allowed to the rank and file of the company,

Mr. Pugh, from the Committee on Military Affairs, moved to amend the same by striking out all after the enacting clause and insert as follows:

That the commissary of each regiment is hereby required whenever practicable to supply each company with well-baked bread, prepared from the flour and usual rations furnished the men, and for this purpose said company may, with the approval of the colonel, contract with an experienced baker, who shall receive for his services a portion of said rations and be allowed reasonable compensation, to be raised by a special tax levied on the amount of sales by the sutler of each regiment, and where there is no sutler, then he shall be paid by the quartermaster at the end of each month.

Mr. Davis moved to amend the amendment by striking out all of the same and inserting in lieu thereof the following:

That the colonel of each regiment be, and he is hereby, authorized to grant a permit to one baker to accompany each company under his command, with authority

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to contract with the troops thereof for well-cooked bread, to whom he may furnish transportation upon such terms as he may determine.

Mr. Foote called the question; which being seconded, the amendment of Mr. Davis was lost.

Mr. Harris moved that the bill and amendment be referred to a special committee of five, to be appointed by the Speaker, to inquire into the necessity for, and report by bill or otherwise, such legislation as will better supply the Army with well-cooked, good, and wholesome food, by the construction of Government bakeries or otherwise.

Mr. Foote demanded the previous question; which was ordered, and the -- was lost.

The question recurring on the amendment of the committee,

The same was lost.

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

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

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

• (Open.) S. 45. A bill to be entitled "An act to amend an act to prescribe the rates of postage in the Confederate States of America, and for other purposes;"

In which they ask the concurrence of this House.

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

A bill to provide for the appointment of chaplains at the naval hospitals;

A bill making Augusta, Ga., a port of delivery for goods imported into Charleston, S.C.;

A bill to prohibit the transportation to and sale of certain articles in any port or place within the Confederate States in the possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named, to alien or domestic enemies;

A bill to limit the compensation of clerks, marshals, and district attorneys of the Confederate States;

A bill to increase the clerical force of the Quartermaster-General's Bureau; and

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

The Speaker signed the same.

Mr. Perkins offered

A resolution that the Committee on Ways and Means be instructed to inquire and report to this House why the warrants of the Clerk of this House for payment of the officers of the House are not paid at the Treasury upon the same footing as warrants issued for a similar purpose by the Sergeant-at-Arms of the Senate;
which was read and agreed to.

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

To the Senate and House of Representatives:

I herewith transmit, for the information of Congress, a communication from the Secretary of War, covering "a copy of the official report of Maj. Gen. Earl Van Dorn of the battle between his forces and those of Generals Sigel and Curtis in Arkansas."

JEFFERSON DAVIS.

On motion, the message and accompanying documents were laid on the table and ordered to be printed.

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Mr. Miles moved that 1,000 copies of the same be printed;, which motion was referred t:o the Committee on Printing.

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

A bill to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of such articles;

And the Speaker signed the same.

On motion of Mr. Singleton,

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

SECRET SESSION.

The House being in secret session,

Mr. Davis introduced the following resolution, to wit:

Resolved by the Congress of the Confederate States of America, That the resolution adjourning the two Houses of Congress on Monday next, passed on Tuesday, the fifteenth instant, be, and the same is hereby, rescinded.

Mr. Davis moved that the House take up for consideration the resolution.

Upon which Mr. Jones demanded the yeas and nays: and

The demand being sustained,

The yeas and nays are recorded as follows, to wit:
• Yeas ... 49
• Nays ... 29

Yeas: Ashe, Ayer, Barksdale, Bell, Boteler, Boyce, Horatio W. Bruce, Eli M. Bruce, Chambliss, Conrad, Currin, Davis, De Jarnette, Farrow, Foote, Gentry, Goode, Graham, Gray, Harris, Heiskell, Hilton, Holcombe, Jenkins, Johnston, Lander, Lyons, Machen, Marshall, McLean, McRae, McQueen, Menees, Miles, Moore, Perkins, Preston, Pugh, Russell, Sexton, Singleton, Smith of Virginia, Staples, Swan, Vest, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.

Nays: Batson, Breckinridge, Burnett, Chilton, Clark, Clopton, Conrow, Curry, Davidson, Dawkins, Foster, Gaither, Gartrell, Hanly, Hartridge, Herbert, Holt, Jones, Kenan of North Carolina, Kenner, Lewis, McDowell, Ralls, Royston, Smith of North Carolina, Strickland, Tibbs, Trippe, and Wright of Georgia.

So the resolution was taken up;

When,

Mr. Gartrell moved to amend the same by striking out the whole of the original after the word "Resolved" and inserting in lieu thereof the following, to wit:

That the resolution fixing the adjournment of both Houses of Congress for Monday next be rescinded, and that both Houses of Congress will adjourn on the first Monday in May next, to meet again on the first Monday in September next, unless sooner convened by proclamation of the President.

Upon which he called the question; which was seconded, and the amendment was lost, and the resolution was adopted.

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, without amendment, bills of this House of the following titles, viz:

• (Open.) H. R. --. A bill to be entitled "An act to provide for the appointment of chaplains at the naval hospitals;" and
• (Open.) H. R. --. A bill to be entitled "An act to prohibit the transportation to and sale of certain articles in any port or place within the Confederate States in the

  ---

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  possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named, to alien or domestic enemies."

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

• (Open.) H. R. --. A bill to be entitled "An act to enforce prompt returns from disbursing officers and agents;"

In which amendments they request the concurrence of this House.

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

• (Open.) S. 47. A bill to be entitled "An act to make provision for coins for the Confederate States;"

In which they request the concurrence of this House.

Mr. Tibbs moved that the Chair be authorized to appoint a member on the Committee on Enrollment to serve during the absence of Mr. Chambers.

The motion was agreed to; and

The Chair appointed Mr. Gardenhire.

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

A bill making further appropriations for the expenses of the Government in the Treasury and War Departments, and for other purposes; which was read first and second times, and on motion of Mr. Jones, the rules were suspended, and the House proceeded to the consideration of the same.

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

And the title to the same was amended by inserting after the word "War" the words "and Navy."

A message was received from the President, by the hands of his Private Secretary, Mr. Harrison; which is as follows, to wit:

Executive Department, April 18, 1862.

To the honorable the Speaker of the House of Representatives.

Mr. Speaker: The President, on yesterday, approved and signed an act entitled "An act to encourage the manufacture of saltpeter and of small arms."

BURTON N. HARRISON,
Private Secretary.

On motion of Mr. Kenner,

The House took up for consideration a Senate bill to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of said articles; which was read first and second times, and on the passage of the same Mr. Swan demanded the yeas and nays; and the demand being sustained,

They are recorded as follows, to wit:
• Yeas ... 56 [55]
• Nays ... 11

Yeas: Ashe, Barksdale, Bell, Boteler, Boyce, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambliss, Chilton, Conrad, Conrow, Davidson, Davis, Dawkins, Foote, Foster, Gaither, Gardenhire, Gaitrell, Gentry, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Jones, Kenan of North Carolina, Kenner, Lander, Lewis, Machen, Marshall, McDowell, McRae, McQueen, Menees, Miles, Moore, Perkins, Pugh, Ralls, Royston, Sexton, Singleton, Strickland, Tibbs, Trippe, Welsh, Wilcox, and Wright of Georgia.

Nays: Ayer, Bridgers, Farrow, Herbert, Jenkins, Johnston, Russell, Smith of North Carolina, Smith of Virginia, Swan, and Mr. Speaker.

So the bill was passed.

The Speaker signed the following bills, reported by Mr. Gardenhire, from the Committee on Enrollment, as correctly engrossed and enrolled, to wit:

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• A bill to recognize the organization of certain military companies;
• A bill relative to the pay and allowances of deceased soldiers;
• A bill declaring the officer who shall act as President in case of vacancies in the offices of President and Vice-President; and
• A bill to punish drunkenness in the Army.

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

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

I deem it my duty to call your attention to some practical difficulties which will occur in the execution of the law just passed for the conscription of all persons subject to military duty Between the ages of 18 and 35 years, and to point out some omissions that it seems wise to supply.

• 1. There are a number of troops in the service of the several States for which no provision is made. They have been organized for State defense, which is necessarily the public defense, but are not a part of the armies of the Confederacy. It would not be politic to break up these organizations for the purpose of taking out of them such of the men as are subject to conscription for distribution among other troops. I suggest that power be granted to the Executive to accept a transfer of such regiments, battalions, squadrons, or companies now in the service of the respective States as may be tendered by the States, according to any organization consistent with the Confederate laws.
• 2. In the tenth section of the bill there is a seeming conflict between two clauses, one of which requires that in all eases elections shall be held to fill the lowest grade, while another gives power to promote from the ranks, to any vacant office, a private who may have distinguished himself conspicuously. I would be glad to have the intent of Congress on this point stated in an amendment to the bill.
• 3. Under the fourth section of the act of 11th December, 1861, it was declared that all troops revolunteering or reenlisting shall, at the expiration of their present term of service, have the power to reorganize themselves into companies, and to elect their company officers; and that said companies should have the right to reorganize themselves into battalions or regiments, and elect their field officers, etc.

By the second section of the act just passed, 16th April, 1862, it is prohibited to include in the organization of such new companies and regiments as may be completed within thirty days "any persons now in service."

It is submitted whether bare justice to the men who first entered the military service, and who have again voluntarily enrolled themselves to serve for the war, does not require that Government should carry out the understanding under which they reenlisted, by permitting them to serve in organizations more acceptable to them than those in which they are now embraced.

I should regret to see men now for the first time brought into service under the stringency of the law vested with a right of choosing their association, while the same privilege is denied to those who have distinguished themselves by the alacrity with which they have volunteered.

JEFFERSON DAVIS.

On motion, the message was referred to the Committee on Military Affairs.

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

Executive Department, April 18, 1862.

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

Sir: I transmit herewith Lieutenant Commanding Robert B. Pegram's report of the cruise of the Nashville, and certain official correspondence called for by the resolution of the House of Representatives of the 15th instant.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were laid on the table, ordered to be printed, and the injunction of secrecy removed from the same.

The House then took up a bill of the House to enforce prompt returns from disbursing officers and agents, which had been returned

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from the Senate with amendment; and, on motion, the same was referred to the Committee on the Judiciary.

Also, a Senate bill in relation to auditing accounts for the War Department; which was read first and second times and referred to the Committee on Ways and Means.

Also, a Senate bill to make provision for coins for the Confederate States; which was read first and second times and referred to the Committee on Ways and Means.

Also, joint resolution to authorize the Secretary of the Treasury to pay the mileage and per diem of members of the Provisional Congress out of the contingent fund of that Congress; which was read first and second [times] and referred to Committee on Pay and Mileage.

Also, a Senate bill for the relief of the legal representatives of Samuel M. Wilkes, late adjutant of the Fourth Regiment South Carolina Volunteers; which was read first and second times and referred to the Committee on Military Affairs.

Also, a Senate bill to amend the several acts in relation to the pay of chaplains in the Army; which was read first and second times and referred to the Committee on Military Affairs.

Also, a Senate bill to amend an act for the establishment and organization of a general staff for the Army of the Confederate Status of America; which was read first and second times and referred to the Committee on Military Affairs.

Also, joint resolution of the House for relief of Capt. Ben. Desha, which had been returned from the Senate with an amendment; which was referred to the Committee on Claims.

Mr. Boyce offered

A joint resolution appropriating a secret service fund; which was read first and second times and referred to the Committee on Foreign Affairs.

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

[Note a: a Not recorded in the Journal.]

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

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

• S. 4. A bill to be entitled "An act to amend an act to regulate the mode of paying the members of the Senate and House of Representatives, and the disbursement of the contingent fund;

In which they ask the concurrence of this House.

The Senate have else passed a bill and a joint resolution of this House of the following titles, viz:

• H. R. --. A bill to be entitled "An act regulating the compensation of deputy postmasters;" and
• H. R. --. Resolution for the preservation of public documents.

The former with an amendment; in which they request the concurrence of this House.

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

A bill to regulate the granting of passports;
which had been reported back from the Military Committee with an amendment;

When,

Mr. Conrad moved to amend the bill by inserting after the word "be" the words "approved and," and by striking out the words "in the office of" and inserting in lieu thereof the word "by," and by

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striking out the word "said" and inserting in lieu thereof the word "his."

The amendment was agreed to.

And the question being upon agreeing to the amendment of the committee, which is as follows, to wit:

• Section 1. The Congress of the Confederate States of America do enact, That all passports hereafter granted by any passport officer to any person or persons to pass beyond our lines, either to the United States or other foreign country, shall undergo the supervision of the Secretary of State, and shall have no efficacy until signed by that officer and the seal of the Department of State attached,

The same was lost.

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

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

A joint resolution authorizing the Secretary of War to appoint commissioners to settle and pay unliquidated claims created by army officers and which are not verified according to forms of the Department;
which was read first and second times;

When,

Mr. Pugh moved to amend by striking out all of the original and inserting in lieu thereof the following, to wit:

• Section 1. Be it enacted, etc., That as many field auditors as may be deemed necessary by the Secretary of War shall be appointed by the President, by and with the advice and consent of the Senate, whose duty it shall be to go into such military districts as the Secretary of War may designate, and audit and allow such claims against the Government of the Confederate States as may be presented to them for payment, and which there is no authority for allowing and paying under existing laws, and such claims shall be sworn to by the persons to whom they may be due; and the auditor of each military district shall take and reduce to writing the proof received by him of the validity of said claims, and report the same with his decision thereon to the War Department.
• Sec. 2. Be it further enacted, That the auditors for each military district shall make estimates for funds on the different bureaus of the War Department to pay such claims as may be allowed as aforesaid; and the said estimates shall be made in the manner now authorized by officers of the Confederate States Army, and filed by said bureaus, as now directed by law in other cases.
• Sec. 3. Be it further enacted, That said auditors shall take an oath and give bond with sufficient security to discharge faithfully the duties which are by this act, or that hereafter may be, imposed upon him by law as Such auditor.
• Sec. 4. Be it further enacted, That each of said auditors shall continue in office during the pleasure of the President, and shall receive as compensation the sum of ... dollars per month, to be paid by the Pay Department in the same manner as officers of the Confederate States.

Mr. Gartrell moved to lay bill and amendment on the table; which was agreed to.

On motion, the injunction of secrecy was removed from the resolution rescinding the resolution of adjournment, and the resolution punishing drunkenness in the Army.

And on motion of Mr. Miles,

The House resolved itself into open session.

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