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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 --TWENTY-SIXTH DAY--TUESDAY, September 16, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Doggett.
Mr. Gentry moved that the vote by which the amendment offered by Mr. Smith of North Carolina to the bill to fill up existing companies, squadrons, battalions, and regiments, etc., was rejected be reconsidered.
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The House then took up for consideration the special order of business for the morning hour, which was a bill authorizing the suspension of the writ of habeas corpus.
Mr. Foote moved that the special order be postponed and that the House proceed to the call of the States; which was agreed to.
Mr. Russell moved that the bill authorizing the suspension of the writ of habeas corpus be made the special order of business for the morning hour of to-morrow, and to be continued from day to day until concluded.
The motion was lost.
Mr. McLean presented a memorial from the citizens of Guilford County, N. C., in relation to the postal service; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. McDowell presented the memorial of D. G. McRae, of North Carolina, in relation to the postal service; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Ayer introduced
A bill to create the office of adjutant for independent battalions and to fix the grade and pay of the same;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Miles introduced
A bill to purge the Army of ignorant and incompetent officers; which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Miles introduced
A bill to grant commutation for quarters to the Superintendent of the Army Intelligence Office and his clerks;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Miles introduced
A bill to authorize the President to regulate railroad transportation; which was read the first and second times and referred to the Committee on Quartermaster's and Commissary Departments and Military Transportation.
Mr. Miles introduced
A bill to reorganize and promote the efficiency of the Medical Department of the Army;
which was read the first and second times and referred to the Committee on the Medical Department.
Mr. Miles introduced
A bill to regulate the navigation of the Confederate States and to establish direct trade with foreign nations;
which was read the first and second times and referred to the Committee on Commerce.
Mr. Farrow offered
A resolution that the special committee of five, to whom were referred sundry resolutions relating to hospitals and the Medical Department, be discharged from the further consideration of the said resolutions, and that the same be referred to the Standing Committee on the Medical Department, and that the powers conferred upon the special committee be, and are hereby, conferred upon said standing committee.
which was read and agreed to.
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Mr. Heiskell introduced
A joint resolution relative to retaliation;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Heiskell, from the special committee to appoint additional standing committees, to whom was referred a resolution offered by Mr. Foote in relation to the appointment of a committee to investigate the departments of the Quartermaster and Commissary Generals, reported the same back, asked to be discharged from its further consideration, and that it be referred to the Committee on the Quartermaster's and Commissary Departments and Military Transportation; which was agreed to.
Mr. Currin offered the following resolution:
Resolved, That it be referred to the Committee on Foreign Affairs to inquire and report to this House what number of citizens of this Confederacy who have been engaged in the pursuits of civil life and not connected with the active operations of our Army are now prisoners in the hands of the enemy; also, the names of such citizens; the localities from which they were taken; the places where they are at present confined; the circumstances, so far as they can be ascertained, of their arrest, and the causes therefor; and that said committee report by bill or otherwise what measures should he adopted to procure their release;
which was read and agreed to.
Mr. Foote introduced a memorial from surgeons of the Navy in relation to their rank; which was referred to the Committee on Naval Affairs, without being read.
Mr. Foote also introduced
A bill regulating the rights of naturalization in certain cases;
which was read the first and second times and referred to the Committee on Foreign Affairs.
Mr. Foote also introduced joint resolutions proposing to send a commissioner or commissioners to Washington City, empowered to proffer the terms of a just and honorable peace; which were read the first and second times.
The rules were suspended;
The resolutions were taken up and read as follows, viz:
Resolved by the Congress of the Confederate States of America, That the signal successes with which Divine Providence has so continuously blessed our arms for several months past would fully justify the Confederate Government in dispatching a commissioner or commissioners to the Government at Washington, empowered to propose the terms of a just and honorable peace.
Mr. Holt moved to amend the same by striking out all of the same and inserting in lieu thereof the following, to wit:
Whereas the people of the Confederate States are and have been from the beginning anxious that the war with the United States should be conducted strictly within the well-established rules of civilized and Christian nations, and have on their part so conducted it, and the said people ardently desire that said war should cease and peace be restored and have so desired from the beginning: Therefore,
Resolved, That whenever the United States Government shall manifest a like anxiety and a like desire, it shall be the duty of the President of these Confederate States to appointcommissioners to treat and negotiate with said United States Government upon said subjects or either of them.
Mr. Kenan of Georgia moved that the joint resolutions and amendment be laid on the table.
Mr. Barksdale called for the yeas and nays;
Which being ordered,
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Yeas: Barksdale, Batson, Bonham, Bridgers, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clopton, Collier, Conrad, Crockett, Currin, Curry, Dargan, Davidson, Davis, Dawkins, Dupré, Elliott, Ewing, Farrow, Freeman, Garland, Gartrell, Gentry, Goode, Gray, Hanly, Hartridge, Heiskell, Herbert, Hilton, Hodge, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Machen, McLean, McQueen, Miles, Moore, Munnerlyn, Preston, Pugh, Royston, Russell, Sexton, Smith of Alabama, Swan, Tibbs, Trippe, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Atkins, Ayer, Bell, Boyce, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Clark, Conrow, De Jarnette, Foote, Foster, Graham, Harris, Jones, Kenner, Lyons, Marshall, McDowell, Menees, Perkins, Ralls, Read, Smith of North Carolina, and Mr. Speaker.
So the motion to lay on the table was agreed to.
On motion, leave of absence was granted to Mr. Wright of Tennessee, on account of sickness in his family.
Mr. Atkins introduced
A bill for the protection of citizens and soldiers in certain cases;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Tibbs presented the memorial of G. W. Ford, praying compensation for medical attention to soldiers; which was referred to the Committee on Claims, without being read.
Mr. Jones of Tennessee offered
A resolution that the Committee on Commerce be instructed to inquire into the propriety of passing a haw to encourage the exportation of cotton with a view to its exchange for salt, and that they report by bill or otherwise;
which was read and agreed to.
Mr. Swan of Tennessee presented the memorial of Steven D. Stout in relation to weights and measures; which was referred to the Committee on Commerce, without being read.
Mr. Wright of Texas presented a memorial from Lucien Hapson in relation to ordnance; which was referred to the Committee on Ordnance and Ordnance Stores, without being read.
Mr. Hanly moved a suspension of the rules, to take up and rescind a rule restricting debate.
The motion was lost.
Mr. Chambliss offered
A resolution that the Committee on Military Affairs inquire into the propriety of vesting in the Secretary of War the power of discharging for special reasons soldiers from the military service, and that the said committee report by bill or otherwise;
which was read and agreed to.
Mr. Lyons introduced joint resolutions of thanks to Maj. Gen. J. Bankhead Magruder; which were read the first and second times and referred to the Committee on Military Affairs.
On motion of Mr. Collier, the rules were suspended, and the House took up for consideration a resolution from the Senate fixing the day of the adjournment of Congress.
Mr. Gray moved to amend the resolution by striking out the words
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"Tuesday, the thirtieth of September," and inserting in lieu thereof the words "Monday, the thirteenth of October."
Mr. Swan called for the previous question; which was ordered, and Mr. Hanly asked that the vote be taken by yeas and nays.
The call was sustained,
Yeas: Ashe, Ayer, Barksdale, Bridgers, Horatio W. Bruce, Eli M. Bruce, Chambers, Chilton, Clopton, Conrad, Currin, Curry, Dargan, Davis, De Jarnette, Dupré, Farrow, Foote, Gentry, Goode, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Hilton, Holt, Johnston, Kenan of North Carolina, Kenner, Lyons, McLean, Miles, Moore, Perkins, Pugh, Russell, Sexton, Welsh, Wilcox, and Mr. Speaker.
Nays: Arrington, Atkins, Baldwin, Batson, Bell, Bonham, Boyce, Breckinridge, Chambliss, Chrisman, Clapp, Clark, Collier, Conrow, Cooke, Crockett, Davidson, Dawkins, Ewing, Foster, Freeman, Gardenhire, Garnett, Gartrell, Herbert, Hodge, Jones, Kenan of Georgia, Lander, Lyon, Machen, Marshall, McDowell, McRae, McQueen, Munnerlyn, Preston, Ralls, Read, Royston, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, Vest, and Wright of Texas.
So the amendment was lost.
The question then being on the passage of the resolution,
Mr. Foote demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Batson, Bell, Bonham, Boyce, Breckinridge, Chambliss, Chrisman, Clapp, Clark, Collier, Conrow, Crockett, Dargan, Davidson, Elliott, Ewing, Foster, Freeman, Gardenhire, Garnett, Gartrell, Gray, Herbert, Hodge, Jones, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Machen, Marshall, McDowell, McRae, McQueen, Munnerlyn, Preston, Ralls, Read, Royston, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, and Vest.
Nays: Ashe, Ayer, Baldwin, Barksdale, Bridgers, Horatio W. Bruce, Eli M. Bruce, Chambers, Chilton, Clopton, Conrad, Cooke, Currin, Curry, Dawkins, De Jarnette, Dupré, Farrow, Foote, Gentry, Goode, Graham, Hanly, Harris, Hartridge, Heiskell, Hilton, Holt, Johnston, Kenner, Lyons, McLean, Miles, Moore, Perkins, Pugh, Russell, Sexton, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
So the resolution was agreed to.
A message was received from the President, by his Private Secretary, Mr. Harrison.
The House then proceeded to the consideration of the special order of business, which was a bill to fill up existing companies, battalions, regiments, etc.
The question being on the motion of Mr. Gentry to reconsider the vote rejecting the amendment of Mr. Smith of North Carolina to the first section of the bill,
Mr. Tibbs demanded the yeas and nays;
Which being ordered,
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Yeas: Arrington, Ashe, Atkins, Ayer, Bell, Bonham, Bridgers, Chambliss, Clapp, Clark, Clopton, Davidson, Dawkins, Farrow, Foote, Foster, Garland, Gartrell, Gentry, Graham, Hanly, Herbert, Hilton, Jones, Kenan of North Carolina, Lander, Lyons, Marshall, McDowell, McLean, McQueen, Perkins, Preston, Ralls, Read, Sexton, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Welsh, Wright of Texas, and Mr. Speaker.
Nays: Baldwin, Barksdale, Batson, Boyce, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chambers, Chilton, Chrisman, Collier, Conrad, Conrow, Cooke, Crockett, Currin, Curry, Dargan, Davis, Dupré, Elliott, Ewing, Freeman, Gardenhire, Garnett, Goode, Gray, Harris, Hartridge, Heiskell, Hodge, Holt, Johnston, Kenan of Georgia, Kenner, Lyon, Machen, McRae, Miles, Moore, Munnerlyn, Pugh, Royston, Russell, Swan, Tibbs, Vest, and Wilcox.
So the motion to reconsider was lost.
The question then being on the amendment offered by Mr. Hanly,
Mr. Gardenhire called for the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Ayer, Batson, Bell, Bonham, Boyce, Breckinridge, Bridgers, Chambliss, Clapp, Clark, Clopton, Davidson, Dawkins, De Jarnette, Dupré, Farrow, Foote, Garland, Gentry, Graham, Hanly, Hartridge, Heiskell, Herbert, Hilton, Jones, Kenan of North Carolina, Kenner, Lander, Lyons, Marshall, McDowell, McLean. McQueen, Perkins, Preston, Pugh, Ralls, Royston, Sexton, Smith of Alabama, Smith of North Carolina, Strickland, Welsh, Wilcox, and Wright of Texas.
Nays: Barksdale, Eli M. Bruce, Chambers, Chilton, Collier, Conrad, Conrow, Cooke, Currin, Curry, Dargan, Davis, Ewing, Freeman, Gardenhire, Gartrell, Goode, Gray, Holt, Johnston, Kenan of Georgia, Lyon, McRae, Miles, Moore, Munnerlyn, and Tibbs.
So the amendment was agreed to.
Mr. Dupré moved that the House reconsider the vote agreeing to the amendment of Mr. Hanly.
Mr. Garnett demanded the question; which was ordered, and the motion was lost.
Mr. Ayer moved to amend the first section of the bill by adding thereto the words
And provided further, That men over the age of thirty-five shall not be called out from their homes until after all under that age shall have been called and mustered into service according to the provisions of the act entitled "An act to further provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two.
Mr. Royston moved to amend the amendment by adding thereto the words
Provided, That no person shall be called into service under the provisions of this act until all persons between the ages of eighteen and thirty-five years, subject to military duty, are called into service and armed: And provided also, That no person shall be called into service under the provisions of this act until there are arms to arm such persons as may be called into such service.
Mr. Royston called for the previous question; which was ordered.
Mr. Gray demanded a division of the question; which was given, and both provisions of the amendment to the amendment were lost.
The question then being on agreeing to the amendment,
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Mr. Ayer called for the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Barksdale, Batson, Bell, Bonham, Boyce, Chambers, Chambliss, Clark, Davidson, Davis, Dupré, Farrow, Foote, Foster, Garland, Gentry, Gray, Hanly, Harris, Herbert, Marshall, McDowell, McLean, McRae, Menees, Perkins, Ralls, Royston, Sexton, Strickland, Wilcox, and Wright of Texas.
Nays: Arrington, Atkins, Baldwin, Bridgers, Horatio W. Bruce, Eli M. Bruce, Chilton, Chrisman, Clapp, Clopton, Collier, Conrad, Conrow, Crockett, Currin, Curry, Dargan, Dawkins, De Jarnette, Elliott, Ewing, Freeman, Gardenhire, Garnett, Gartrell, Goode, Hartridge, Hilton, Holt, Jones, Kenan of Georgia, Lander, Lyon, Lyons, Machen, McQueen, Miles, Moore, Munnerlyn, Preston, Pugh, Read, Russell, Smith of North Carolina, Tibbs, Trippe, Vest, and Mr. Speaker.
So the amendment was lost.
A message was received from the Senate, by their Secretary, Mr. Nash, as follows:
Mr. Speaker: The Senate have passed, with amendments, a bill of this House of the following title, viz:
In which amendments I am directed to ask the concurrence of this House.
The bill was taken up and referred to the Committee on Ways and Means.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled, and ready for the signature of the Speaker, the bill to be entitled "An act to authorize the appointment of additional officers of artillery for ordnance duties."
The Speaker signed the same.
On motion of Mr. Elliott, the House then resolved itself into secret session; and having spent some time therein, again resolved itself into open session;
When,
On motion,
The House adjourned until 12 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
Mr. Elliott, from the Committee on Enrollment, reported as correctly engrossed and enrolled
An act to authorize the issue of Confederate States bonds to meet a contract made by the Secretary of the Navy for six ironclad vessels of war, and steam engines and boilers;
And the Speaker signed the same.
The Chair presented a message from the President; which is as follows, to wit:
Executive Chamber, Richmond, September 16, 1862.
To the House of Representatives of the Confederate States:
I transmit herewith for the information of the House in secret session the report prepared by the Secretary of State in response to the resolution of the House adopted on the 1st instant.
JEFFERSON DAVIS.
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Mr. Jones moved that the documents referred to in the message of the President be read.
The motion was lost.
Mr. Jones then moved to lay the message and accompanying documents on the table.
The motion was lost.
Mr. Read moved that the message and accompanying documents be printed.
The motion was lost.
Mr. Crockett moved that the vote by which the House refused to order the reading of the documents be reconsidered.
Mr. Elliott called the question; which was sustained, and the motion to reconsider did not prevail.
And on motion, the message and documents were referred to the Committee on Foreign Affairs.
On motion of Mr. Kenner, the House proceeded to the consideration of the motion of Mr. Perkins to reconsider the vote by which the House passed with an amendment a bill of the Senate entitled "A bill to be entitled 'An act to increase the provisions for detecting counterfeit notes.'"
The motion to reconsider prevailed, and on motion of Mr. Kenner, the bill and amendment was recommitted to the Committee on Ways and Means.
And on motion of Mr. Barksdale,
The House resolved itself into open session.
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