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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-EIGHTH DAY--FRIDAY, September 19, 1862.
OPEN SESSION.
The House met pursuant to adjournment.
The Chair presented a communication from the Secretary of the relation to the finding of the court-martial in the case of Major Hesse; which was read and on motion laid upon the table.
Mr. Jones of Tennessee presented a memorial from W. J. Sykes in relation to the provisions for disabled soldiers and soldiers' families; which was referred to the Committee on Military Affairs, without being read.
On motion, leave of absence was granted Mr. Goode.
Mr. Lyon offered
A resolution that the Committee on Post-Offices and Post-Roads inquire into the expediency of establishing a post route from Demopolis, in Marengo, to Falkland, in Greene County, and one from Demopolis to Jefferson, in Marengo County, Ala.;
which was read and agreed to.
Mr. Kenner, from the Committee on Ways and Means, to whom was referred
A resolution in relation to the conviction of forgers and counterfeiters of Confederate Treasury notes,
reported a bill authorizing the Secretary of the Treasury to offer a reward for the apprehension and conviction of persons engaged in forging or uttering counterfeit Treasury notes; which was read the first and second times.
On motion of Mr. Kenner, the rules were suspended, the bill was taken up, and having been read as follows:
That the Secretary of the Treasury be, and he is hereby, authorized to offer a reward not to exceed five thousand dollars for the apprehension and conviction of any person engaged in forging or uttering counterfeit Confederate Treasury notes,
Mr. Lyons moved to amend the bill by striking out the words "five thousand dollars" and inserting in lieu thereof the words "one thousand dollars."
The amendment was lost.
Mr. Foote demanded the question; which was ordered, and the bill was engrossed, read a third time, and passed.
On motion, leave of absence was granted Mr. McDowell.
Mr. Kenner, from the Committee on Ways and Means, to whom was referred a bill to compensate the marshals and their assistants for taking the census in 1860, in those States now forming the Southern Confederacy, made the following report, viz:
The Committee of Ways and Means, to which was referred the bill to be entitled "An act to compensate the marshals and their assistants for taking the census in
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eighteen hundred and sixty, in those States now forming the Southern Confederacy," have had the same under consideration, and submit the following report thereon:
The bill proposes to provide compensation to marshals and their assistants for services rendered in taking the census in 1860, under appointments made by the United States. The services were rendered to the United States, and the right to compensation from that Government had accrued before the secession of the Confederate States.
The question presented by the bill then, is simply this: Is there any obligation upon the Government of the Confederate States to assume and pay for services rendered to the United States by persons at the time of the rendition of such service belonging to the United States, but since the separation forming a part of the Confederate States?
The committee, in considering this question, have not had reference alone to services rendered before the separation, by marshals and their assistants in taking the census of 1860, but have embraced in their examination other questions of a similar character, which may and doubtless will arise, where citizens of the Confederate States may have had unsettled transactions with the Government of the United States at the time of the separation. If we acknowledge the principle that, because the States now composing the Confederacy derived some benefit and advantage from the taking of the census in 1860, that the Confederate States ought, therefore, to assume and pay a debt due from the United States, we establish a precedent unsafe to the Treasury and of questionable obligation.
Such a precedent would require the pay mere of all just claims held by citizens of the Confederate States against the Government of the United States for services rendered before the separation; for in all such cases, it might, as well as in the present, be alleged that such services were, to some extent, beneficial to the Confederate States while they formed a part of the United States.
Your committee, therefore, recommend that the bill committed to them do not pass.
Mr. Kenner asked to be discharged from the further consideration of the bill, that it be placed upon the Calendar, and that the report be printed; which was agreed to.
Mr. Kenner, from the same committee, to which was referred sundry amendments of the Senate to a bill of this House entitled "An act to provide for the further issue of Treasury notes," reported the same back, with the recommendation that the House concur in the amendments of the Senate, which are as follows, to wit:
Third. Insert the following independent section:
The rules being suspended, the amendments were taken up, and the same were agreed to.
Mr. Miles, from the Committee on Military Affairs, to which was referred
A joint resolution of the Senate providing for the presentation of medals, etc.,
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, to which was referred
A bill concerning partisan rangers, reported the same back, asked to be discharged from its further consideration, and that the same be printed and placed upon the Calendar; which was agreed to.
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Mr. Hilton, front the Committee on Military Affairs, to which was referred
A resolution in relation to the appointment of adjutants for independent battalions,
reported a bill, to be entitled "An act to amend an act entitled 'An act providing for the appointment of adjutants of regiments and legions of the grade of subaltern in addition to the subalterns attached to companies;'"
which was read the first and second times.
The rules were suspended, and the bill was taken up, engrossed, read a third time, and passed.
Mr. Garnett, from the same committee, to which was referred a joint resolution of thanks to Maj. Gen. John Bankhead Megruder, reported the same back, with the recommendation that it pass with an amendment.
The rules were suspended;
The resolution was taken up, and having been read as follows, viz:
Resolved, That the thanks of Congress are due and are hereby tendered to Major General John Bankhead Magruder, late commander of the Army of the Peninsula, and the officers and men under his command, who in the battle of Bethel, the first and one of the most important battles of the war, obtained a signal victory over the enemy, the thanks of Congress are due and are hereby tendered to General Magruder for his distinguished services as commander of the Army of the Peninsula during an arduous year's campaign in which he illustrated the character of the Southern soldier by the activity, zeal, skill, and endurance with which he supplied the want of numbers and held in check a greatly superior force of the enemy; and to the officers and men under his command for the great fortitude, patriotism, and gallantry with which they performed their part in the defense of the Peninsula against the superior forces of the enemy,
Mr. Garnett, from the committee, moved to amend the same by striking out all of the same and inserting in lieu thereof the following words, viz:
The Congress of the Confederate States do resolve, That the thanks of Congress are hereby tendered to Major-General John Bankhead Magruder and to the officers and men under his command for their gallantry and distinguished services in the first battle of the war at Bethel, and in the protracted defense of the Peninsula for many months against the overwhelming numbers and boundless resources of the enemy.
Resolved further, That this resolution be communicated to General Magruder.
The rules were suspended;
The resolution was taken up, and the amendment was agreed to.
And the resolution as amended was engrossed, read a third time, and passed.
Mr. Foote, from the Committee on Foreign Affairs, to which was referred resolutions in relation to the policy of the war, reported the same back, with the recommendation that they pass with the following amendments, to wit:
Majority report of the Committee on Foreign Affairs.
The Committee on Foreign Affairs, to whom was referred certain resolutions relating to the true policy of the war, and recommending to the President the issuance of a proclamation touching the free navigation of the Mississippi and its tributaries, and the opening of the market of the South to the inhabitants of the Northwestern States, upon certain terms and conditions, have had the same under consideration, and now report back said resolutions, with one or two slight amendments, and recommend that they be adopted. The expediency of conducting the war in which we are engaged with all possible activity, and of carrying that war into the enemy's country, so soon as the same shall be found practicable, is believed to be now universally admitted by all enlightened men who have given their attention to the subject. It
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is evident that we must rely alone upon our own energies for success in the struggle of arms which is now in progress. In the present condition of affairs it is quite manifest that in order to bring the sanguinary struggle in which we are engaged to an early termination it will be necessary that every portion of our Army should be kept in a state of constant readiness for active exertion, and that no opportunity should be neglected of striking the forces of the enemy, wherever to be found upon Southern soil, with that boldness and heroic energy which are so certain to secure to our arms the most signal success. It is equally manifest that the enemy will never be willing to desist from the unjust and ferocious war which they are now waging until the evils and inconveniences thereof shall have been brought home fully to themselves. When our valiant and disciplined armies (enhanced in numbers and in strength, as it is hoped they will shortly be) shall have once found their way to the heart of the enemy's country, and have inflicted a just retaliation upon those who have so ruthlessly ravaged our territories, pillaged our towns, and desolated our homes, it is to be reasonably expected that even they will at least be able to discern the rank injustice and brutal cruelty which they have compelled us to experience, and for the perpetration of which they have not been heretofore subjected to anything like adequate punishment.
Your committee are well satisfied that the issuing of some such proclamation by the President, as that described in the resolutions referred to them, at such time as he shall deem expedient, could not but he attended with the most salutary effects. It is an undoubted fact that the Government at Washington, aided by unscrupulous local demagogues in the Northwestern States, has succeeded to a considerable extent in deluding the people of that region into a general belief that, should we succeed in our struggle for independence, it is the intention of the Government and people of the Confederate States to shut them out from the free navigation of the Mississippi River and its great tributaries; and though the Provisional Congress of these States long ago emphatically negatived this idea by well-known acts of formal legislation, yet your committee is assured that the delusion on this subject still continues to exist among the people of the Northwest, and that the gross misapprehension in regard to the intentions and policy of the Confederate States of America, thus engendered and kept in existence by wicked and designing men, has operated most effectively in prompting the people of the Northwestern States (so closely connected with the South heretofore, both by geographical and political ties) to contribute freely both in men and money to the prosecution of a war which, if successful on the part of those with whom it has originated, would be eventually as disastrous in its effects to the people of the Northwestern States themselves as to those of the Confederate States of America. It is gratifying to discover that high-spirited and intelligent public men in several of the Northwestern States have of late become exceedingly active in their endeavors to discourage and suppress the ferocious war spirit heretofore raging among their fellow-citizens, and that their honest and patriotic efforts have been already attended with the most marked success. Such a proclamation as that recommended in the resolutions referred to this committee, it is confidently believed, would have a tendency greatly to strengthen the efforts of the advocates of peace in the Northwestern States, be calculated to bring those States quickly into amicable relations with the States of the South, withdraw them ultimately altogether from their present injurious political connection with the States of the North and East, with which they have really so little in common, and thus enable us to dictate the terms of a just and honorable peace from the great commercial emporiums of that region through whose influence mainly has this wicked and unnatural war been thus far kept in progress.
All of which is most respectfully submitted.
H. S. FOOTE, Chairman.
Resolutions.
"Resolved, That in the judgment of this House the true policy of the present war imperatively requires that the movements of our armies in the field should everywhere be as active and aggressive as would be at all consistent with a sound and enlightened discretion, striking at the forces of the enemy boldly and vigorously wherever they may be found on Southern soil, and delaying nowhere long enough to allow to our merciless foes an opportunity of devastating the most fertile districts of the South, and perchance of ultimately obtaining reenforcements which may make it difficult to drive them beyond our confines without such an expenditure of the precious blood of our patriot soldiery as would not be now necessary for their expulsion or capture."
Amended, as proposed, the second and third resolutions will read as follows, viz:
"Resolved, That should the deluded Government at Washington still obstinately continue to refuse us peace, it is the evident policy of the Confederate Government to invade the country of the enemy, with a view to obtaining complete 'indemnity for the past and security for the future.'
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"Resolved, That the President be requested, if consistent with his own views of propriety, at such time as he shall deem most appropriate, to address a formal proclamation to the inhabitants of the Northwestern States, embodying the acts of the Provisional Congress relating to this subject, proposing to guarantee to the citizens of all said States resident upon the border of said (the Mississippi) river and its tributaries, as shall not be at war at the time with the Confederate States, in the most effectual and satisfactory mode, the peaceful navigation of the said river and its tributaries; and it is further requested of the President that he will also make known, in said proclamation, the willingness of the Government and people of the Confederate States to enter hereafter into a reciprocity commercial treaty or treaties with any one or more of them."
On motion of Mr. Foote, the consideration of the same was postponed, ordered to be printed, and placed upon the Calendar.
Mr. Barksdale, by consent, from the minority of the same committee, reported as follows, to wit:
Minority report from the Committee on Foreign Affairs.
The undersigned, a minority of the Committee on Foreign Affairs, beg leave to dissent from the report of the majority upon certain resolutions referred to the committee touching the conduct of the war and recommending the issuing by the President of a proclamation to the inhabitants of the Northwestern States, tendering to them the free navigation of the Mississippi River and advantageous treaty stipulations at the close of the war.
It is submitted that subjects relating to the conduct of the war are not appropriate matters of investigation by the Committee on Foreign Affairs. But, waiving this consideration, the undersigned totally dissent from the views of the majority touching the duties of this House. It is a work of supererogation for this body to undertake to decide, and to declare, the mode of conducting the war. It is a question involving consequences of vital moment, legitimately pertaining to the functions of the Executive and those who have been chosen to lead our armies. But, if such duty were in fact devolved upon this body, as is implied by the report of the majority, it would be in violation of all the rules of enlightened warfare to unfold the plan which it is designed to pursue in the prosecution of the war.
It is believed that thus far the Executive has availed himself of the means placed at his disposal for conducting the war in the manner most judicious and effective, and that in the signal success which has attended our struggle for the maintenance of the independence of the Confederate States will be found sufficient reason for leaving him, without interference, to the exercise of the duties imposed by the Constitution.
The undersigned dissent from the recommendation that this Government should tender to a portion of the citizens of the Government with whom we are at war exclusive commercial privileges. It is not the part of wisdom to commit our Government to any fixed policy in advance. Legislation should not be anticipated, but should be shaped by existing events. If a deviation from this plain suggestion of wisdom be advised in the present instance upon the idea of the influence of an appeal to the self-interest of the inhabitants of the Northwestern States, it should not be forgotten that the same argument might with equal propriety be addressed to the inhabitants of the New England States. The manufacturers of that section would be conciliated by pledges that a discriminating tariff would, at the close of hostilities, be put into speedy operation for building up their interests; and shipowners would be propitiated by pledges that they would be permitted to perform the carrying trade of the South as under the old Union; and the city of New York would be induced to pause in her course of folly and wickedness toward the Confederate States if assured that they would confer upon her the privilege of conducting their commercial affairs and enriching herself upon the proceeds of their labor.
The Northern people derived, under the former Government, an annual profit of not less than $100,000,000 upon Southern trade. Their implements of war will be laid aside when assured that their coffers shall be filled with the proceeds of Southern labor. But the undersigned do not hesitate to repel the suggestion that the people of the South are willing to purchase peace by such a sacrifice of their rights and by so degrading a concession to Northern cupidity. To be respected, our course must be firm and our legislation rational and just.
At an early period after the organization of the Government of the Confederate States a law was passed declaring the free navigation of the Mississippi River, with certain salutary restrictions. The policy of the Government has not been changed on this subject. It is presumed to have been known to the inhabitants of the North-western States before they embarked in a wicked and unjustifiable war against the
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people of the Confederate States. To proclaim this policy at the present time, coupled with offers of lucrative trade, in the manner suggested by the majority, would be in the highest degree derogatory to the dignity of this Government. It would bring upon it the imputation of pusillanimity. It would be accepted by the enemy as a confession of conscious weakness, and its inevitable tendency would be to prolong the war.
The undersigned are firm in the opinion that the most effective mode of conquering a peace is not to be found in extending to the enemy propositions of reconciliation, but in the vigorous prosecution of the war.
The signs of returning reason, indicating a desire for peace among the inhabitants of the Northwestern States, upon the discovery of which the majority have congratulated the House, are believed to be delusive. The undersigned regret to say that they have not been able to discern them. But in the event of the actual existence of these alleged pacific indications, it is clear that they are the result, not of temporizing expedients on the part of the Government of the Confederate States, but of its manifestation of purpose to prosecute the war with vigor and effect.
For these reasons the undersigned dissent from the views of the majority, and ask the concurrence of the House in the opinion that they should be rejected.
which was read, ordered to be printed, and placed upon the Calendar.
The House then proceeded to the consideration of the special order, which was a bill to exempt certain persons from service in the Provisional Army of the Confederate States.
Mr. Machen moved that the consideration of the special order be postponed until after the reception of the bill from the Senate on the same subject; which was agreed to.
Mr. Chambers moved that the House take up for consideration his motion to reconsider the vote by which the bill to empower quartermasters and assistant quartermasters to administer oaths in certain cases, was passed.
Mr. Royston demanded the question; which was ordered.
Mr. Jones moved to lay the bill on the table.
The motion was lost, and the motion of Mr. Chambers was agreed to.
Mr. Harris moved that the bill he recommitted to the Committee on the Judiciary.
The motion was lost.
Mr. Sexton moved to amend the first section of the bill; which is as follows, to wit:
That in all cases when it is necessary to administer oaths to officers or privates, the quartermaster or assistant quartermasters shall have power, ex officio, to administer oaths,
by inserting after the word "privates" the words "in order that they may be enabled to draw the pay to which they may be entitled," and insert after the words "assistant quartermasters" the words "making out such payment," and insert after the word "administer," in the last line, the word "such."
Mr. Smith of North Carolina moved to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That the oath required to enable sick, wounded, or other soldiers to receive their pay may be taken before any quartermaster, who is hereby authorized to administer the same, or before any justice of the peace having jurisdiction, or any other officer having the right by the laws of the State to administer oaths.
The amendment of Mr. Sexton was agreed to.
Mr. Kenner of Louisiana demanded the question; which was ordered, and the amendment of Mr. Smith of North Carolina was agreed to.
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Mr. Chambliss moved to amend the bill by adding thereto the following, to wit:
Provided, That no quartermaster or assistant quartermaster shall pay out money on affidavits made before himself.
The amendment was lost, and the bill as amended was engrossed, read a third time, and passed.
The question then being on the title of the bill.
Mr. Machen moved to amend the same by striking out all of the original and inserting as follows, to wit:
A bill to be entitled "An act to authorize certain persons to administer oaths in certain cases;"
which was agreed to.
The Chair submitted the following construction of the rule of the House adopted on the 28th of August, 1862, viz:
That the resolution restricting debates, which was adopted by this House on the 28th of August, 1862, shall be construed to mean that no member, without the consent of a majority of the House, shall speak more than once on the different readings and passage of any bill or joint resolution, but the privilege shall be reserved to any member, notwithstanding he may have spoken as above stated, to speak once on any question of amendment, reconsideration, commitment, etc., which arises on any bill or resolution.
The question being on sustaining the construction of the Chair,
Mr. Conrad demanded the yeas and nays;
Which being ordered,
Yeas: Arrington, Ashe, Ayer, Bell, Bonham, Boyce, Bridgers Chilton, Clopton, Conrad, Dargan, Dawkins, De Jarnette, Ewing, Garland, Garnett, Gartrell, Graham, Gray, Hanly, Hartridge, Hodge, Holcombe, Holt, Johnston, Kenner, Lyon, Lyons, McQueen, Miles, Moore, Perkins, Preston, Russell, Smith of Alabama, Tibbs, Wilcox, and Wright of Tennessee.
Nays: Atkins, Batson, Breckinridge, Horatio W. Bruce, Burnett, Chambliss, Chrisman, Clapp, Clark, Collier, Conrow, Davidson, Davis, Dupré, Foster, Freeman, Gardenhire, Heiskell, Herbert, Hilton, Kenan of Georgia, Kenan of North Carolina, Lander, Machen, McLean, McRae, Menees, Pugh, Ralls, Read, Royston, Smith of North Carolina, Strickland, Vest, Welsh, Wright of Georgia, and Wright of Texas.
So the construction of the Chair was sustained in the construction of the rule.
Mr. Wright of Georgia moved a suspension of the rules to enable the Committee on the Medical Department to make a report, and demanded the yeas and nays thereon:
Which being ordered,
Yeas: Ashe, Barksdale, Batson, Bonham, Boyce, Bridgers, Horatio W. Bruce, Eli M. Bruce, Burnett, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clark, Clopton, Collier, Curry, Davidson, Dawkins, De Jarnette, Ewing, Garland, Gartrell, Graham, Hanly, Harris, Herbert, Hilton, Hodge, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Lander, McLean, McRae, McQueen, Menees, Miles, Moore, Perkins, Preston, Pugh, Ralls, Royston, Smith of North Carolina,
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Strickland, Swan, Tibbs, Vest, Welsh, Wright of Georgia, Wright of Texas, and Wright of Tennessee.
Nays: Arrington, Atkins, Ayer, Baldwin, Conrow, Davis, Dupré, Foster, Freeman, Gardenhire, Gray, Hartridge, Heiskell, Kenner, Lyon, Machen, Read, Smith of Alabama, and Mr. Speaker.
So the rules were suspended, and Mr. Wright of Georgia, from the Committee on the Medical Department, reported a bill regulating the granting of furloughs to wounded or sick soldiers; which was read the first and second times and, the rules being suspended, the bill was taken up.
Mr. Strickland called for the question: which was ordered.
Mr. Swan moved to reconsider the vote by which the question was ordered.
The motion was lost.
Mr. Chambers, by unanimous consent, moved to amend the bill by adding thereto the following words, to wit:
and that the soldiers to whom such furloughs may be granted shall be entitled to transportation home and back.
Mr. Gardenhire moved that the bill and amendment he recommitted to the Committee on the Medical Department.
Mr. Moore demanded the question; which was ordered.
Mr. Strickland asked that the vote be taken by yeas and nays;
Which were ordered,
Yeas: Ayer, Baldwin, Barksdale, Batson, Bonham, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chilton, Conrad, Conrow, Crockett, Currin, Davis, De Jarnette, Foster, Freeman, Gardenhire, Gartrell, Graham, Hartridge, Heiskell, Hilton, Holt, Kenan of Georgia, McRae, Miles, Moore, Perkins, Swan, Tibbs, Vest, Welsh, Wilcox, and Mr. Speaker.
Nays: Arrington, Ashe, Atkins, Bridgers, Burnett, Chambers, Chambliss, Chrisman, Clark, Clopton, Collier, Davidson, Dupré, Ewing, Farrow, Garland, Garnett, Gray, Herbert, Hodge, Jones, Kenan of North Carolina, Kenner, Machen, Marshall, McDowell, McLean, Menees, Ralls, Royston, Sexton, Smith of North Carolina, Strickland, Wright of Georgia, Wright of Texas, and Wright of Tennessee.
So the motion was lost.
Mr. Atkins demanded the previous question; which was ordered, and the bill was engrossed, read a third time, and passed.
A message was received from the President, by his Private Secretary, Mr. Harrison.
A message was also received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
On motion of Mr. Machen,
The House adjourned until 11 o'clock to-morrow.
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