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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 --ELEVENTH DAY--FRIDAY, August 29, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Seeley.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
I am directed to inform this House that the Senate have, by ballot, appointed Mr. Clay, Mr. Semmes, Mr. Phelan, Mr. Hunter, and Mr. Maxwell as the committee on the part of the Senate under the resolution in relation to a joint committee to investigate the management of the Naval Department.
On motion of Mr. Chambliss, the rule was suspended, and the House took up for consideration a bill for the discharge of private soldiers under 18 years of age.
The bill was read as follows, viz:
The Congress of the Confederate States do enact, That any private soldier of the Provisional Army who is under the age of eighteen years shall be entitled to a discharge from all military service while he is under Much age on the application of himself, his parents, guardian, or next of kin, to the colonel of the regiment to which such soldier belongs, sustained by proof satisfactory to said colonel of the age of said private soldier.
Mr. Clapp moved to amend the second section by adding thereto the following words, viz:
unless the parents of such person are living and shall give their written consent to his enlistment before he is received.
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Mr. Miles moved to amend the first section by striking out the word "colonel" and inserting in lieu thereof the word "commander," and after the word "regiment" to insert the words "legion, battalion, or independent company;" which amendment was agreed to.
Mr. Singleton moved to amend the first section by adding thereto the following words:
Provided, That the provisions of this act shall not apply to those who have gone into the Army as substitutes.
Mr. Chilton moved to amend the amendment of Mr. Singleton by striking out the same and inserting in lieu thereof the following words:
But the provisions of this act shall not extend to any minor who has gone into the Army as a substitute by the consent of the parent or guardian of such minor; and in cases where substitutes may apply for a discharge by reason of the minority of such substitutes, no discharge stroll be granted until notice be given to the person whose substitute he is, if resident within the Confederate States, and time allowed such party to controvert the grounds of discharge, and if it should appear that the substitution was made of a minor under the age of eighteen years and that he still continues under that age at the time of making such application, and that his substitution was procured without the consent of the parent or guardian of such minor, then and and in such case the party who procured the substitute shall be ordered to return to the service and required to serve out the time of his enlistment.
Mr. E. M. Bruce moved that the bill and amendments be laid on the table.
Mr. Kenan of Georgia asked that the vote thereon be taken by yeas and nays;
Which was agreed to.
Yeas: Boyce, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chilton, Chrisman, Conrow, Crockett, Dargan, Dawkins, Elliott, Ewing, Farrow, Freeman, Gartrell, Gentry, Heiskell, Hodge, Holt, Johnston, Kenner, Lander, Machen, McRae, Moore, Ralls, Singleton, Tibbs, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Ashe, Aver, Batson, Bell, Boteler, Bridgers, Chambers, Chambliss, Clapp, Clopton, Collier, Conrad, Curry, Davidson, De Jarnette, Dupré, Foote, Foster, Gaither, Garnett, Goode, Gray, Hanly, Harris, Hilton, Holcombe, Jones, Kenan of Georgia, Kenan of North Carolina, Lyon, Lyons, Marshall, McDowell, McLean, Menees, Miles, Perkins, Pugh, Royston, Russell, Sexton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Vest, Villeré, Wright of Georgia, and Mr. Speaker.
So the motion was lost.
Mr. Garnett called for the question, which was upon the amendment offered by Mr. Chilton to the amendment of Mr. Singleton.
The question was ordered, and Mr. Chilton asked that the vote thereon be taken by yeas and nays.
The call was sustained,
Yeas: Arrington, Ayer, Bell, Boteler, Boyce, Chilton; Conrow, Crockett, Davidson, Davis, Elliott, Ewing, Farrow, Foote, Freeman, Gaither, Garnett, Gentry, Hanly, Harris, Hedge, Holt, Kenan of Georgia, Lander, Machen, McDowell, Menees, Perkins, Royston, Smith of Alabama, Strickland, Swan, and Wright of Georgia.
Nays: Ashe, Batson, Bridgers, Horatio W. Bruce, Eli M. Bruce,
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Chambers, Chambliss, Chrisman, Clapp, Clopton, Collier, Conrad, Curry, Dargan, Dawkins, De Jarnette. Dupré, Foster, Gartrell, Goode, Gray, Heiskell, Hilton, Holcombe, Johnston, Jones, Kenan of North Carolina, Kenner, Lyon, Lyons, Marshall, McLean, McRae, Miles, Moore, Pugh, Ralls, Russell, Sexton, Singleton, Smith of North Carolina, Tibbs, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
So the amendment to the amendment was lost.
The question then recurring on the adoption of the amendment offered by Mr. Singleton, the amendment was agreed to.
Mr. Kenan of Georgia moved to reconsider the vote by which the amendment was agreed to.
Upon which motion Mr. Pugh demanded the question; which was ordered, and the motion was lost.
Mr. Heiskell moved to amend the first section of the bill by inserting after the words "of said private soldier" the words "But no minor shall be so discharged except by his own free will and consent."
The amendment was agreed to.
Mr. Crockett moved to amend the same section by adding after the amendment of Mr. Singleton the words
And provided further, That nothing in this act shall prevent volunteers from the State of Kentucky between the ages of sixteen and eighteen from entering the service, if in the opinion of the proper authorities they are capable of performing military service.
Mr. Gartrell moved to lay the bill and amendments on the table.
The motion was lost.
Mr. Heiskell moved to amend the amendment of Mr. Crockett by striking out the same and inserting in lieu thereof the following words:
But in the event the party offering to enlist shall be a refugee or the son of a disloyal person, the consent of no other person than himself shall be required.
Mr. Chambliss demanded the question; which was ordered, and the amendment to the amendment was lost.
Mr. Bonham moved that the further consideration of the bill and amendments be indefinitely postponed.
Mr. Chambers moved that the bill and amendments be recommitted to the Committee on Military Affairs.
Mr. Breckinridge moved that the House do now adjourn.
The motion was lost.
The motion of Mr. Chambers was lost, and the question then being on the motion to postpone the bill and amendments indefinitely, Mr. Garnett demanded the question; which was ordered, and Mr. Miles called for the yeas and nays.
The call was seconded,
Yeas: Aver, Bonham, Boyce, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chilton, Chrisman, Conrad, Conrow, Crockett, Dargan, Dawkins, Elliott, Ewing, Farrow, Freeman, Gartrell, Heiskell, Holt, Johnston, Kenner, Machen, Moore, Munnerlyn, Ralls, Singleton, Strickland, Tibbs, Welsh, Wright of Texas, and Wright of Tennessee.
Nays: Arrington, Ashe, Batson, Boll, Bridgers, Chambers, Chambliss, Clapp Clopton, Collier Currin Curry, Davidson, De Jarnette, Dupré, Foote, Foster, Garnett, Goode, Gray, Hanly, Harris, Herbert, Hilton, Holcombe, Jones, Kenan of Georgia, Kenan of North Carolina,
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Lander, Lyon, Lyons, Marshall, McDowell, McLean, Miles, Perkins, Pugh, Royston, Sexton, Smith of North Carolina, Swan, Trippe, Vest, Villeré, Wright of Georgia, and Mr. Speaker.
So the motion was lost.
Mr. Harris demanded the previous question; which was ordered, and the question being on the amendment offered by Mr. Crockett, the same was agreed to.
The amendment of Mr. Clapp to the second section of the bill was then agreed to, and the bill was ordered to be engrossed for a third reading.
Mr. Swan moved to reconsider the vote ordering the engrossment of the bill.
Upon which Mr. Sexton called the question; which being ordered, the motion was lost.
Mr. Hanly called for the question upon the third reading of the bill; which was ordered, and the bill as amended was read a third time.
Mr. Swan moved that the House adjourn.
The motion was lost.
The question being on the passage of the bill as amended, Mr. Swan asked that the vote be taken by yeas and nays.
The demand was not seconded, and the bill as amended was passed.
The Chair announced as the joint committee on the part of the House to examine into the affairs of the Navy Department:
Messrs. Foote of Tennessee, Barksdale of Mississippi, Lyons of Virginia, Dupré of Louisiana, and Boyce of South Carolina.
On motion of Mr. Dargan,
The House then adjourned until 12 o'clock to-morrow.
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