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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 --FIFTEENTH DAY--WEDNESDAY, September 3, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FIFTEENTH DAY--WEDNESDAY, September 3, 1862.

OPEN SESSION.

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

Mr. Dargan presented the petition of Thomas Jordan in reference to the claims of deceased soldiers; which was referred to the Committee on Claims, without being read.

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

Resolved, That the Secretary of the Navy be requested to furnish Congress with a Navy Register similar in form to that in use under the late Government of the United States, including a statement of the position held in the old Government by the different officers now in the Confederate service.

Mr. Currin introduced

A bill making appropriation for the payment of certain interest due to the Branch of the Bank of Tennessee at Memphis;
which was read the first and second times and referred to the Committee on Claims.

Mr. Foster offered

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A resolution that the Naval Committee be instructed to inquire what appropriation will be necessary to blockade the Cumberland and Tennessee rivers, and report the same to this House, making said appropriation;
which was read and agreed to.

Mr. Lyon of Alabama presented a letter from W. E. Thomas, praying an increase of pay to color-bearers; which was referred to the Committee on Military Affairs, without being read.

Mr. Clopton introduced

A bill to exempt certain persons from enrollment for service in the armies of the Confederate States, and to provide for details in certain cases;
which was read the first and second times and referred to the Committee on Military Affairs.

On motion, leave of absence was granted Mr. Royston.

Mr. E. M. Bruce offered

A resolution that the Committee on Foreign Affairs be, and it is hereby, directed to investigate and consider the propriety and expediency of immediately suspending all proceedings under the "sequestration laws," except the seizing and preservation of property belonging to the Northern Republic or the citizens thereof, and report by bill or otherwise at the earlist day practicable;
which was read and agreed to.

Mr. Read introduced

A bill authorizing the President to accept 60,000 additional troops from the States of Kentucky, Missouri, and Maryland;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Moore presented a memorial in relation to the Medical Corps of the Army; which was referred to the Committee on Military Affairs, without being read.

Mr. Lewis offered

A resolution that the President be requested to inform the House of Representatives whether any reports have been made to Departments here of the quantities and values of cotton or other staple products which have been destroyed to prevent their falling into the hands of the enemy, and if so, what quantities of said crops have been destroyed, and also whether any complaints have been made by the owners of the crops destroyed, and what the character of those complaints.

Resolved further, That the President be requested to inform this House what information the Departments of the Government have as to the amount of cotton that has been shipped the present year from parts of the Confederacy; also the amount which has been captured at sea or on the waters of the Confederacy; also the amount which has been taken in the interior by the Yankees; and to furnish the same to this House.

Resolved further, That if the information sought by these resolutions is not in the Departments, the President is requested to have such measures taken as will provide it.

Mr. Hanly moved to amend the resolution by inserting the words "were destroyed" after the word "destroyed" in the first resolution; which was agreed to.

Mr. Swan moved to amend by striking out the words
whether any complaints have been made by the owners of the crops destroyed, and what the character of those complaints.

The amendment was lost.

Mr. Smith of North Carolina moved to amend by adding after the first resolution the words
and also whether cotton or other produce, and if so, how much and of what kinds, have been exported seawards to any of the ports of the United States; and what

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goods, if any, have been imported into any of the Confederate ports from a port of the United States by sea, with the knowledge and concurrence of the blockading officers off such Confederate port;
which was agreed to.

Mr. Kenner moved to amend by striking out the third resolution.

Mr. Swan moved that the resolutions and amendments be referred to the Committee on Military Affairs; which was agreed to.

Mr. Munnerlyn presented a memorial of sundry citizens of Georgia in relation to Sunday mails; which was referred to the Committee on Post-Offices and Post-Roads, without being read.

Mr. Marshall introduced

A bill in relation to the discharge of disabled soldiers;
which was read the first and second times and referred to the Committee on the Medical Department.

Mr. McRae presented the memorial of Jacob Elmer in relation to losses by the enemy; which was referred to the Committee on Claims, without being read.

Mr. Welsh presented the petition of James H. Brittain and others, asking the exemption of shoemakers and tanners from conscription; which was referred to the Committee on Military Affairs, without being read.

The Chair presented the memorial of the president and directors of the Virginia Military Institute, praying the exemption of students from conscription; which was read and referred to the Committee on Military Affairs.

Mr. Garnett offered

A resolution that the President be requested to direct the heads of the several bureaus in the War and Navy Departments to inform this House whether their requisitions on the Treasury have been promptly met, and if not, the reasons assigned for the delay;
which was read and agreed to.

Also, a resolution that the President be requested to inform this House what number of citizens of the Confederate States have been arrested by military authority and are still under arrest, how long such persons have remained in confinement, and what measures have been adopted to secure to them a speedy and impartial trial; which was read and agreed to.

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

When,

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

A bill to exempt certain persons from service in the Provisional Army of the Confederate States;
which was read the first and second times, ordered to be printed, and its further consideration postponed and made the special order of the day, to be continued from day to day immediately after the disposal of the present special order.

The House then proceeded to the consideration of the special order of the day, which was a bill to fill up existing companies, battalions, squadrons, regiments, etc.

Mr. Crockett moved that the House resolve itself into Committee of the Whole.

The motion was lost.

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The bill having been read as follows:

• Section 1. The Congress of the Confederate States of America do enact, That when the President shall consider an increase of the forces in the field necessary to repel invasions, or for the public safety in the pending war, he is authorized, as hereinafter provided, to call into the military service of the Confederate States for three years or during the present war, if it should be sooner ended, all white male citizens of the Confederate States, not legally exempted from such service, between the ages of thirty-five and forty-five years; and such authority shall exist in the President during the present war as to all persons who now are or may hereafter become eighteen years of age, and, when once enrolled, all persons between the ages of eighteen and forty-five years shall serve their full term, and no one be entitled to a discharge because he may have passed the age of forty-five years before such term of service expires.
• Sec. 2. That the President shall make such call by requisition upon the governors of the several Confederate States for all or any portion of the persons within their respective States between the ages of thirty-five and forty-five years, and also for those who now are or may hereafter become eighteen years old, as aforesaid, not legally exempted; and when assembled in camps of instruction in the several States, they shall be assigned to and form part of the companies, squadrons, battalions, and regiments heretofore raised in their respective States and now in the service of the Confederate States; and the number that may remain from any State after filling up existing companies, squadrons, battalions, and regiments from such State to their maximum legal number shall be officered according to the laws of the State having such residue.
• Sec. 3. That if the governor of any State shall refuse or shall fail for an unreasonable time, to be determined by the President, to comply with said requisition, then such persons in such State are hereby made subject, in all respects, to an act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, and the President is authorized to enforce said act against such persons.
• Sec. 4. That for the purpose of securing a more speedy enrollment of the persons rendered liable to military service under this act, the President may, immediately upon making the requisition authorized therein, employ in any State, whose governor shall consent thereto, officers of the Confederate States to enroll and collect, in the respective camps of instruction, all the persons called into service as aforesaid.
• Sec. 5. That the persons brought into military service by this act shall be assigned to the company from their State now in the service of the Confederate States which they may prefer to join, subject to such regulations as the Secretary of War may establish, to secure the filling up of existing companies, squadrons, battalions, and, regiments from the respective States: Provided, That persons liable to military service under the provisions of this act and able-bodied men over the age of forty-five years may volunteer and be assigned to duty in such company from their State as they may select: Provided, That said company shall not, by reason thereof, he increased beyond its legal maximum number: And provided further, That the right of volunteering in, or of being assigned to, any company shall not interfere with the objects of this act, or produce inequality or confusion in the different arms of military service,

And the question being on the amendment offered by Mr. Bonham, which is as follows, viz: Strike out all after the enacting clause and insert in lieu thereof the following, viz:

That the President be, and he is hereby, authorized to call upon the respective States for their quotas each of three hundred thousand troops, or so many thereof as the President may deem admissible, to be composed of all white male residents of the Confederate States, not legally exempted from military service, between the ages of thirty-five and forty-five, to serve for three years or the war, if sooner ended, the field and company officers to be chosen as the State authorities may direct.

Sec. 2. That these troops be organized as soon as practicable, and when so organized, be held in readiness to take the field at a moment's notice, when called for by the President, and that till called into active service they shall be assembled by regiments in camps of instruction for six days in every six weeks, under such regulations as the Secretary of War may prescribe, and be allowed to remain at home when not in camp: Provided, That till called into active service they shall receive no pay,

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

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• Section 1. The Congress of the Confederate States of America do enact, That whenever the President shall consider an increase of the forces in the field necessary to repel invasions, or for the public safety in the pending war, he is authorized to call upon the several States, in his discretion, for any number of troops to serve for the term of three years or during the war.
• Sec. 2. In making such requisition, the President, shall take into consideration the number of troops from each State already enlisted for the war at the time of the requisition, and shall, as far as practicable, equalize the same amongst the States according to their respective population.
• Sec. 3. That all such troops shall be assigned to, and form part of, the companies, squadrons, battalions, and regiments heretofore raised in their respective States and now in the service of the Confederate States, and the number that may remain from any State after filling up existing companies, squadrons, battalions, and regiments from such State to their maximum legal number shall be organized into companies, squadrons, battalions, and regiments, as the case may be, under the laws of such State.
• Sec. 4. That if the governor of any State shall refuse or fail for ... days, after any such call shall have been made upon him by the President, to comply with said requisition, then all white male citizens between the ages of thirty-five and forty-five years in such State are hereby made subject, in all respects, to an act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, and the President is authorized to enforce said act against such persons. And, in the event, at any time, if it shall happen that any of the States shall have no governor for the time being upon whom the President can make such call, then all the white male citizens of such State between the ages of thirty-five and forty-five years are made subject to the said act, and the President is authorized to enforce it against such persons.
• Sec. 5. That the persons brought into military service by this act shall be assigned to the company from their State now in the service of the Confederate States which they may prefer to join, subject to such regulations as the Secretary of War may establish, to secure the filling up of existing companies, squadrons, battalions, and regiments from the respective States: Provided, That persons liable to military service under the provisions of this act and able-bodied men over the age of forty-five years may volunteer and be assigned to duty in such company from their State as they may select; Provided, That said company shall not, by reason thereof, be increased beyond its legal maximum number: And provided further, That the right of volunteering in, or being assigned to, any company shall not interfere with the objects of this act, or produce inequality or confusion in the different arms of military service.
• Sec. 6. That a bounty of fifty dollars be, and the same is hereby, granted to each, person mustered into service under this act, or who has been, or may hereafter be, mustered into service under said act of the sixteenth of April, eighteen hundred and sixty-two, the same being due each person from the time he is mustered into the service of the Confederate States.

On motion of Mr. Curry, the amendment of Mr. Gaither was ordered to be printed.

Leave was granted Messrs. Smith of North Carolina and Hanly to have amendments printed.

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

I herewith transmit communications from the Secretary of War in response to your resolutions of the 21st and 30th ultimo, asking, the one, for a copy of the cartel for the exchange of prisoners recently agreed upon with the enemy, and for information as to the manner in which the enemy has observed it; the other, for copies of the official reports of all the battles and engagements with the enemy which have occurred since the adjournment of Congress.

JEFFERSON DAVIS.

On motion, the message, with accompanying documents, was laid upon the table and ordered to be printed.

Leave of absence was, on motion, granted to Messrs. Singleton and Breckinridge.

Mr. Foote asked the unanimous consent of the House to have referred

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back to the Committee on Foreign Affairs sundry resolutions in relation to the conduct of the war.

Consent was given.

Mr. Heiskell moved that 1,000 copies of the reports accompanying the President's message be printed and that the rule requiring the motion to be referred be suspended; which motion was lost, and the motion to print was referred to the Committee on Printing.

On motion of Mr. Foote,

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

SECRET SESSION.

The House being in secret session,

Mr. Kenner, from the Committee on Ways and Means, to whom was referred a Senate bill to increase the provisions for detecting counterfeit notes, reported the same back; with a recommendation that it pass with an amendment.

And the question being upon agreeing to the amendment of the committee, which is as follows, to wit: Strike out whole of the original bill and insert in lieu thereof the following, to wit:

That the Secretary of the Treasury be, and he is hereby, authorized to employ at each place where public moneys are deposited, by law, a person expert in the knowledge of bank notes for the purpose of assisting the assistant treasurer at such place of deposit in examining all Treasury notes offered at such place of deposit, or which may be submitted to their inspection, with the view of discriminating and ascertaining such as may be genuine from such as are counterfeit, at such compensation as may be prescribed by the Secretary of the Treasury, not to exceed fifteen hundred dollars per annum.

• Sec. 2. The duties to be performed by the persons so employed shall be prescribed by the Secretary of the Treasury and may embrace, in connection with the duty above stated, any duties discharged by clerks in any branch of the Treasury Department.
• Sec. 3. In cases where particular plates of any denomination of Treasury notes, issued by authority of the Confederate States, have been counterfeited, and the holder or holders of any genuine notes of any such denomination shall think proper to make a deposit of the same either with the Treasurer or any assistant treasurer or depositary of the Confederate States, the party so making such deposits shall receive a certificate of the amount from the Treasurer, assistant treasurer, or depositary, showing the date thereof and the denomination and plate of bills so deposited, and any such certificate of deposit shall bear interest at the rate of six per cent per annum from the date of such deposit, and such certificate shall be redeemed with other Treasury notes or eight per cent bonds of the Confederate States at the option of the holder.
• Sec. 4. The Secretary of the Treasury is hereby authorized to employ agents at such places as may be deemed expedient for the public interest for the purpose of detecting and bringing to punishment persons engaged in making, uttering, or circulating counterfeit Treasury notes, and to pay for their services such compensation, with such traveling and contingent expenses, as he may deem just and expedient,

Mr. Ewing moved to amend the amendment of the committee by adding thereto the following words, to wit:
Provided, That no person shall be employed as an expert who is liable to military duty.

Mr. Garnett called the question; which was sustained, and the amendment of Mr. Ewing to the amendment of the committee was lost, and the amendment of the committee was agreed to.

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

Mr. Kenner, from the same committee, to whom was referred a Senate bill to authorize a change in the form of Treasury notes, reported

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the same back, with a recommendation that it do not pass and be placed on the Calendar; which was agreed to.

Mr. Chilton introduced

A bill for the relief of E. B. Shannon;
which was read first and second times and referred to the Committee on Commerce.

Mr. Perkins moved to reconsider vote by which amendment of Committee on Ways and Means to Senate bill to increase provisions for detecting counterfeit notes was agreed to.

And on motion of Mr. Kenner,

The House resolved itself into open session.

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