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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 --THIRTY-THIRD DAY--THURSDAY, September 25, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
Mr. Gartrell, by consent, introduced
A bill to authorize the payment of bounties due deceased soldiers to their widows or legal representatives;
which was read the first and second times and referred to the Committee on Military Affairs.
On motion of Mr. Davis, the House took up for consideration his motion to reconsider the vote by which the bill to grant furloughs to sick soldiers was passed.
Mr. Foote called the question; which was ordered, and the motion was lost.
On motion, the House then proceeded to the consideration of the motion of Mr. Foster to reconsider the vote by which the joint resolution of adjournment was agreed to.
Upon which Mr. Foster called for the question; which was ordered, and Mr. Curry asked for the yeas and nays.
The yeas and nays were ordered,
Yeas: Baldwin, Barksdale, Boteler, Horatio W. Bruce, Chambers, Clapp, Clopton, Currin, Curry, Dargan, Dawkins, De Jarnette, Dupré, Farrow, Foote, Goode, Gray, Harris, Hartridge, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lyon, Lyons, Miles, Moore, Perkins, Pugh, Ralls, Russell, Sexton, Wilcox, and Mr. Speaker.
Nays: Arrington, Batson, Bonham, Boyce, Breckinridge, Burnett, Chambliss, Chrisman, Collier, Davidson, Davis, Elliott, Foster, Freeman, Gardenhire, Garland, Gartrell, Hanly, Herbert, Hodge, Kenan of Georgia, Lander, Machen, Marshall, McDowell, McRae, McQueen, Munnerlyn, Preston, Read, Royston, Smith of Alabama, Strickland, Trippe, Vest, Wright of Georgia, Wright of Texas, and Wright of Tennessee.
So the motion was lost.
Mr. Miles, from the Committee on Military Affairs, to which was referred a bill of the House, reported with an amendment from the Senate, entitled
A bill to fill up existing companies, battalions, and regiments, and to increase the Provisional Army,
reported the same back, with the recommendation that the House do not concur in the amendment of the Senate.
The bill was taken up, and Mr. Miles demanded the question; which was ordered, and the question being on agreeing to the amendment of the Senate, which is as follows: Strike out all after the enacting clause and insert:
That the President be, and he is hereby, authorized to call out and place in the military service of the Confederate States for three years, unless the war should have been sooner ended, all white men who are residents of the Confederate States, between the ages of thirty-five and forty-five years at the time the call or calls may be made, and who are not, at such time or times, legally exempted from military service; such call or calls to be made under the provisions and according to the terms of
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the act to which this is an amendment, 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 time: Provided, That nothing herein contained shall be understood as repealing or modifying any part of the act to which this is amendatory, except as herein expressly stated: And provided further, That those called out under this act and the act to which this is an amendment shall be first and immediately ordered to fill, to their maximum number, the companies, battalions, squadrons, and regiments from the respective States at the time the act to further provide for the public defense, approved sixteenth April, eighteen hundred and sixty-two was passed, and the surplus, if any, shall be assigned to organizations formed from each State since the passage of that act, or placed in new organizations, or disposed of as now provided by law: Provided, That the President is authorized to suspend the execution of this act, or the acts to which this is an amendment, or any special provision or provisions of said acts, in any locality where he believes such suspension will promote the public interest; and that in such localities, and during said suspension, the President is authorized to receive troops into the Confederate service under any of the acts passed by the Confederate Congress prior to the passage of the act to further provide for the public defense, approved sixteenth April, eighteen hundred and sixty-two.
Amend the title as fellows:
"An act to amend an act entitled 'An act to provide further for the public defense.' approved sixteenth April, eighteen hundred and sixty-two,"
Mr. Machen called for the yeas and nays;
Which were ordered,
Yeas: Barksdale Bonham, Horatio W Bruce Chrisman Clapp, Collier, Conrad, Currin, Dargan, Davis, Dawkins, De Jarnette, Elliott, Freeman, Gardenhire, Garland, Garnett, Goode, Hilton, Hedge, Holcombe, Holt, Johnston, Kenner, Lander, Lyon, Lyons, McRae, Moore, Pugh, Russell, Tibbs, Vest, and Wright of Tennessee.
Nays: Arrington, Ayer, Baldwin, Batson, Bell, Boteler, Boyce, Breckinridge, Bridgers, Chambers, Chambliss, Clopton, Curry, Davidson, Dupré, Farrow, Foote, Foster, Gartrell, Gentry, Gray, Hanly, Harris, Hartridge, Herbert, Kenan of Georgia, Kenan of North Carolina, Machen, Marshall, McDowell, McQueen, Menees, Miles, Munnerlyn, Perkins, Preston, Ralls, Royston, Sexton, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Welsh, Wright of Georgia, Wright of Texas, and Mr. Speaker.
So the House refused to concur in the amendment of the Senate.
On motion of Mr. Miles, the bill was immediately reported back to the Senate.
Leave of absence was granted to Mr. Atkins.
The House then took up the special order, which was a bill to make certain exemptions from military duty, etc.Mr. Royston, by consent, introduced
A bill to authorize the Postmaster-General to employ special agents to secure the certain and speedy transportation of the mails across the Mississippi River;
which was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
Mr. Holt moved to amend the first section of the bill by striking out all of the same after the words "all persons" and inserting in lieu thereof the words
that have been or may be exempted by the laws of the several States from military duty and service, and such other persons as the President or Secretary of War shall be satisfied, on account of justice, equity, or necessity, ought to be exempted, are hereby exempted from military service in the armies of the Confederate States.
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Mr. Hilton moved to amend the amendment by striking out thereof the words "or may be."
Mr. Heiskell demanded the question; which was ordered, and the amendment to the amendment was lost.
Mr. Hanly moved to amend the amendment by adding thereto the following:
Provided, That States that now have exemption laws shall not be allowed to make further exemptions under this act.
Mr. Gardenhire demanded the question; which was ordered, and the amendment to the amendment was lost.
Mr. Baldwin moved to amend the amendment by inserting after the word "service" the words "in time of war."
Mr. Clapp called for the previous question.
The call was not sustained.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
The Senate have also passed a bill of this House of the following title, viz:
A message was receipted from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate insist upon their amendments, disagreed to by the House, to the gill of the House (H. R. 15) entitled "An act to provide for the filling up of existing companies, squadrons, battalions, and regiments of the Provisional Army of the Confederate States," and ask a conference with the House upon the disagreeing votes of the two Houses thereon, and have appointed Mr. Sparrow, Mr. Yancey, and Mr. Wigfall the managers at the said conference on the part of the Senate.
On motion of Mr. Miles, the House insisted on its disagreement to the amendments of the Senate to the bill of the House to fill up existing companies, squadrons, battalions, regiments, etc., and agreed to the appointment of a committee of conference.
The Chair announced as the committee of conference on the part of the House Mr. Miles, Mr. Baldwin, and Mr. Conrad.
A message was received from the President, by his Private Secretary, Mr. Harrison.
Mr. Foster demanded the previous question.
Mr. Trippe called for the yeas and nays;
Which were ordered,
Yeas: Arrington, Boteler, Boyce, Breckinridge, Horatio W. Bruce, Burnett, Chambliss, Chrisman, Clapp, Currin, Davidson, Davis, Dupré, Elliott, Foster, Freeman, Gardenhire, Gartrell, Harris, Heiskell, Hilton, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lyon, Machen, McDowell, Munnerlyn, Preston, Pugh, Ralls, Smith of Alabama, Strickland, Swan, Tibbs, Welsh, and Wright of Tennessee.
Nays: Ayer, Baldwin, Batson, Bridgers, Chambers, Clopton, Collier, Conrad, Curry, Dargan, Dawkins, De Jarnette, Farrow, Foote, Garnett
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Goode, Graham, Gray, Hanly, Hartridge, Holcombe, Lyons, McQueen, Miles, Moore, Perkins, Royston, Russell, Sexton, Smith of North Carolina, Trippe, Wilcox, Wright of Georgia, and Wright of Texas.
So the previous question was not ordered.
Mr. Swan called for the question, which was upon the amendment of Mr. Baldwin to the amendment of Mr. Holt.
The question was ordered, and the amendment was lost.
Mr. Curry demanded the question; which was ordered, and was upon the amendment of Mr. Holt.
Mr. Holt called for the yeas and nays;
Which were ordered.
Yeas: Aver, Batson, Bell, Bonham, Breckinridge, Chambliss, Clopton, Davidson, Farrow, Foote, Foster, Hanly, Herbert, Holt, Jones, Kenan of North Carolina, Marshall, McDowell, McQueen, Miles, Perkins, Preston, Royston, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, and Welsh.
Nays: Arrington, Baldwin, Boteler, Boyce, Bridgers, Horatio W. Bruce, Burnett, Chambers, Chrisman, Clapp, Collier, Conrad, Curry, Dargan, Davis, Dawkins, De Jarnette, Dupré, Elliott, Freeman, Gardenhire, Garnett, Gartrell, Goode, Graham, Gray, Harris, Hartridge, Heiskell, Hilton, Holcombe, Johnston, Kenan of Georgia, Kenner, Lyon, Lyons, Machen, Moore, Munnerlyn, Pugh, Ralls, Russell, Sexton, Swan, Tibbs, Vest, Wilcox, Wright of Georgia, Wright of Texas, and Wright of Tennessee.
So the amendment was lost.
Mr. Garnett moved that the rules be suspended to enable him to offer a resolution; which was agreed to, and Mr. Garnett offered the following:
Resolved, That in the debate upon this bill and the amendments thereto no member shall be allowed to speak longer than five minutes;
which was read, and Mr. Garnett called the question.
The question was ordered, and the resolution was agreed to.
Mr. Baldwin moved to amend the first section by inserting in the third line, after the words "military service," the words "in the field;" which was agreed to.
Mr. Miles moved to amend the same section by inserting after the word "persons" the words "now exempted by the laws of their respective States."
Mr. Swan called the question; which was ordered, and Mr. Wright of Georgia demanded the yeas and nays;
The yeas and nays were ordered,
Yeas: Arrington, Ayer, Baldwin, Batson, Bell, Bonham, Breckinridge, Chambers, Chambliss, Clopton, Collier, Davidson, Dawkins, Farrow, Foote, Foster, Garnett, Gartrell, Goode, Graham, Gray, Hanly, Herbert, Hilton, Holt, Jones, Kenan of North Carolina, Marshall, McDowell, McQueen, Menees, Miles, Munnerlyn, Perkins, Preston, Pugh, Royston, Sexton, Smith of North Carolina, Strickland, Trippe, Welsh, Wilcox, Wright of Georgia, Wright of Texas, and Wright of Tennessee.
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Nays: Barksdale, Boteler, Bridgers, Horatio W. Bruce, Burnett, Chrisman, Clapp, Conrad, Currin, Curry, Dargan, Davis, Dupré, Elliott, Freeman, Gardenhire, Garland, Harris, Hartridge Heiskell, Holcombe, Johnston, Kenan of Georgia, Kenner, Lander, Lyon, Lyons, Machen, Moore, Ralls, Read, Russell, Swan, and Vest.
So the amendment was agreed to.
Mr. Wright of Texas moved that the House reconsider the vote by which the amendment was agreed to.
Mr. Kenner moved that the House do now adjourn.
The motion was lost.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker
A House bill (No. 12) entitled "An act authorizing the Secretary of the Treasury to offer a reward for the apprehension and conviction of persons engaged in forging or uttering counterfeit Confederate Treasury notes;"
A bill of the Senate (No. 78) to determine the annual pay of the engineer in chief and passed assistant surgeons of the Navy; and
A bill of the Senate (No. 94) to amend an act entitled "An act to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs," approved May 21, 1861.
And the Speaker signed the same.
A message was received from the President, by his Private Secretary, Mr. Harrison.
A message was 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:
In which I am directed to ask the concurrence of this House.
The Senate have passed a joint resolution of this House of the following title, viz:
The Chair presented a communication from the President; which is as follows:
Richmond, Va., September 25, 1862.
To the House of Representatives:
I herewith transmit for your information a communication from the Secretary of War in further answer to your resolution of the 21st August, asking copies of all reports of all battles received since the adjournment of Congress.
JEFFERSON DAVIS.
The message, with its accompanying documents, was read, laid upon the table, and ordered to be printed.
The Chair also laid before the House a communication from the Secretary of the Treasury, inclosing estimates of the Secretary of the Navy; which was referred to the Committee on Ways and Means and ordered to be printed.
The Chair also presented a communication from the Secretary of the Navy, covering certain estimates; which was referred to the Committee on Ways and Means and ordered to be printed.
The Chair also presented
A bill of the Senate to better provide for the sick and wounded in hospitals;
which was read the first and second times and referred to the Committee on the Medical Department.
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Also, a Senate bill to supply deficiencies in the appropriations for the engineer service of the War Department; which was read the first and second times and referred to the Committee on Ways and Means.
Also, a Senate bill to divide the State of Texas into two judicial districts, and to provide for the appointment of judges and officers in the same; which was read the first and second times and referred to the Committee on the Judiciary.
Also, a Senate bill establishing the seal of the Confederate States of America; which was read the first and second times and referred to the Committee on the Flag and Seal.
Also, a Senate bill for the relief of the Eastern Texas Railroad Company; which was read the first and second times and referred to the Committee on Quartermaster's and Commissary Departments and Military Transportation.
Mr. Garnett, by consent, introduced
A bill to secure the recovery of fugitive slaves by their owners;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Breckinridge moved that the rules be suspended to enable him to offer a resolution.
The motion was lost,
And on motion of Mr. Davis,
The House adjourned until 11 o'clock to-morrow.
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