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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-FOURTH DAY--FRIDAY, September 26, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
On motion, leave of absence was granted Mr. Burnett.
Mr. Chambers, from the Committee on Military Affairs, to which was referred resolutions in regard to the protection of persons in arms against the United States, but not enrolled in the Confederate Army, and to secure the exchange or release of certain persons held as prisoners, reported the same back, asked to be discharged from their further consideration, and that the same lie upon the table; which was agreed to.
Mr. Chambers, also from the same committee, reported
A bill to authorize the formation of volunteer companies for local defense;
which was read the first and second times.
The rules were suspended, and the bill was taken up.
Mr. Vest demanded the question; which was ordered, and the bill was engrossed, read a third time, and passed.
Mr. Chambers, also from the same committee, reported the following resolutions, to wit:
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citizens of the Confederate States held by them as prisoners, either in confinement or under parole or bond, who were arrested by the agents or officers of the United States while peaceably engaged in their ordinary avocations, and not in arms against the United States, and that he communicate to Congress the result of said demand.
The rules were suspended;
The resolutions were taken up, and Mr. Jones demanded the question; which was seconded, and the resolutions were agreed to.
Mr. Chambers, also from the same committee, reported
A bill to authorize the establishment of places of rendezvous for examination of persons enrolled for military duty; which was read the first and second times, the rules were suspended, and the bill was taken up.
The first section being under consideration; which is as follows, to wit:
That there shall be established in each county, parish, or district in the several States a place of rendezvous for the persons in said county, district, or parish enrolled for military duty, who shall be there examined by one or more army surgeons, to be assigned to that duty by the President, on a day of which ten days' notice shall be given by said surgeons, and from day to day next thereafter until all the persons so enrolled in said parish, county, or district shall have been examined; and the decision of said surgeons, under regulations to be established by the Secretary of War, as to the physical and mental capacity of any such person for military duty shall be final, and those only thus ascertained to be fit for military duty shall be required to assemble at camps of instruction,
Mr. Chambliss moved to amend the same by inserting after the words "military duty," wherever occurring, the words "in the field;" which was agreed to.
Mr. Garnett moved to amend the same by striking out therefrom the word "army," and to insert after the word "surgeons" the words "to be employed by the Government;" which was agreed to.
Mr. Collier moved to amend the same by inserting after the word "county," where occurring, the words "in any town or city not in a county, parish, or district;" which was agreed to.
Mr. Heiskell moved to amend the same by striking out the words "all the persons so enrolled in said county, town, city, parish, or district," and inserting in lieu thereof the words "all who shall be in attendance for the purpose of examination;" which was agreed to.
The second section being under consideration; which is as follows:
There shall be appointed, in each Congressional district in the several States, three army surgeons who shall constitute a board of examination in such district, for the purpose specified in the foregoing section, any one or more of whom may act at any place of rendezvous in said district,
Mr. Jones moved to amend the same by inserting the word "temporary" before the word "surgeons." The amendment was lost.
Mr. Pugh moved to strike out the words "appointed in" and insert in lieu thereof the words "assigned to;" which was agreed to.
Mr. Jones moved to insert after the words "camp of instruction" the words "or report his continued disability;" which was agreed to.
Mr. Baldwin moved to strike out the words "a deserter" and insert in lieu thereof the words "as absent without leave of his commanding officer."
Mr. Hanly called for the yeas and nays;
Which were ordered,
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Yeas: Arrington, Ayer, Baldwin, Batson, Bell, Bonham, Boteler, Boyce, Bridgers, Chilton, Clopton, Curry, Dargan, Davidson, Dawkins, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Gardenhire, Garland, Garnett, Gartrell, Goode, Graham, Hanly, Hartridge, Hilton, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lander, Lyon, Marshall, McDowell, Menees, Moore, Munnerlyn, Perkins, Preston, Ralls, Royston, Russell, Sexton, Trippe, Vest, Welsh, and Wilcox.
Nays: Chambers, Chambliss, Clapp, Collier, Conrow, Currin, Freeman, Gray, Harris, Heiskell, Hodge, Kenan of Georgia, Lyons, Machen, McQueen, Miles, Pugh, Read, smith of Alabama, Swan, Tibbs, and Wright of Texas.
So the amendment was agreed to.
Mr. Chambers moved to insert after the words "continued disability" the words "certified by the certificate of a respectable physician of his county, city, district, or parish;" which was agreed to.
Mr. Lyons moved that the vote on the amendment of Mr. Collier be reconsidered, and called the question; which was ordered, and the motion was lost.
The bill was then engrossed as amended, read a third time, and passed.
Leave of absence was granted Mr. Cooke, on account of sickness.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows:
Mr. Speaker: The Senate have passed bills of this House of the following titles, viz:
The Senate have also passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill 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."
The President of the Confederate States has notified the Senate that he did, on the 24th instant, approve and sign a bill of the following title, viz:
Mr. Miles, from the committee of conference on the bill to be entitled "An act to amend an act entitled 'An act to provide further for the public defense,' approved sixteenth April, eighteen hundred and sixty-two," reported that they have carefully considered the same and the differences between the two Houses thereon, and report the accompanying bill (entitled "A bill to amend an act entitled 'An act to provide further for the public defense,' approved April sixteenth, eighteen hundred and sixty-two"); which is as follows, to wit:
An act to amend an act entitled "An act to provide further for the public defense," approved six-teenth April, eighteen hundred and sixty-two.
The Congress of the Confederate States of America do enact, 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 shall have been sooner ended, all white men who are residents of the Confederate States, between the ages of thirty-five and forty-five
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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, or such parts thereof as in his judgment may be necessary to the public defense; such call or calls to be made under the provisions and according to the terms of 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 if the President in calling out troops into the service of the Confederate States shall first call for only a part of the persons within the ages hereinbefore stated, he shall call for those between the age of thirty-five and any ether age less than forty-five years: 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, Those called out under this act and the act to which this is an amendment shall be first and immediately ordered to fill, to the maximum number, the companies, battalions, squadrons, and regiments from the respective States at the time the act to provide for the public defense, approved sixteenth of 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, to be officered by the State having such residue, according to the laws thereof, or disposed of as now provided by law: Provided, That the President is authorized to suspend the execution of this, or the act to which this is an amendment, in any locality where he may find it impracticable to execute the same; and that in such localities, and during such 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 of April, eighteen hundred and sixty-two,
with the recommendation that it do pass.
The question being on agreeing to the report,
Mr. Gartrell demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Barksdale, Batson, Boteler, Breckinridge, Chambers, Chilton, Collier, Conrad, Conrow, Currin, Dargan, Dawkins, De Jarnette, Dupré, Elliott, Foster, Freeman, Gardenhire, Garland, Garnett, Gentry, Goode, Graham, Gray, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, McRae, Menees, Miles, Moore, Munnerlyn, Pugh, Ralls, Read, Royston, Russell, Sexton, Swan, Tibbs, Vest, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Bell, Bonham, Boyce, Bridgers, Chambliss, Clapp, Clopton, Curry, Davidson, Davis, Farrow, Foote, Gartrell, Hanly, Harris, Herbert, Jones, Lyons, Marshall, McDowell, McQueen, Perkins, Preston, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Welsh, and Wright of Georgia.
So the report was agreed to.
Mr. Kenan of Georgia moved a reconsideration of the vote agreeing to the report of the committee.
Mr. Foote called the question.
Upon which Mr. Read demanded the yeas and nays;
Which were ordered,
Yeas: Chambers, Clapp, Conrow, Currin, Davidson, Dupré, Gentry, Hanly, Heiskell, Holt, Jones, Kenan of North Carolina, Lander, Lyons, McDowell, Perkins, Pugh, Read, Royston, Strickland, Swan, Tibbs Vest and Wright of Tennessee.
Nays: Arrington, Baldwin, Barksdale, Batson, Bell, Bonham Boyce,
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Breckinridge, Bridgers, Chambliss, Chilton, Clopton, Collier, Conrad, Davis, Dawkins, De Jarnette, Elliott, Farrow, Foster, Freeman, Gardenhire, Garland, Garnett, Gartrell, Goode, Graham, Gray, Harris, Hartridge, Herbert, Hilton, Holcombe, Johnston, Kenan of Georgia, Kenner, Lyon, Machen, Marshall, Menees, Miles, Moore, Preston, Ralls, Russell, Sexton, Smith of Alabama, Smith of North Carolina, Trippe, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
So the question was not ordered.
After discussion, Mr. Boteler called for the question; which was ordered, and the motion to reconsider was lost.
Mr. Wright of Georgia, from the Committee on the Medical Department, to which was referred a bill of the Senate to better provide for sick and wounded soldiers of the Army in hospitals, reported the same back, with the recommendation that it pass.
The rules were suspended;
The bill was taken up.
Mr. Wright [of Georgia] demanded the previous question; which was ordered, and the bill was read a third time and passed.
On motion of Mr. Wright [of Georgia], the rules were suspended, and he introduced a bill to reorganize and promote the efficiency of the Medical Corps of the Army; which was read the first and second times, ordered to be printed, and its further consideration postponed and made the special order of business for the morning hour of to-morrow.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled a bill of the Senate entitled
An act to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861.
The Speaker signed the same.
Mr. Lyons, by consent, introduced
A bill to amend an act for the establishment and organization of the Army of the Confederate States of America, approved March 6, 1861;
which was read the first and second times, and the rule referring the bill to a committee being suspended, the bill was taken up.
Mr. Swan called the previous question; which was ordered, and the bill was engrossed, read a third time, and passed.
Mr. Chilton, by consent, from the Committee on Quartermaster's and Commissary Departments and Military Transportation, reported
A bill to repeal the law authorizing commutation for soldiers' clothing, and to require clothing to be furnished by the Secretary of War in kind;
which was read the first and second times.
The rules being suspended, the bill was taken up.
Mr. Baldwin moved that the bill be laid upon the table.
The motion was lost.
The bill was then engrossed, read a third time, and passed.
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 the day, which was a bill to be entitled An act to exempt certain persons from military duty, and to repeal an act entitled "An act to exempt certain persons from enrollment for service in the Army of the Confederate States," approved April 21,
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Mr. Kenner called for the question, which was upon the motion of Mr. Wright of Texas to reconsider the vote agreeing to the amendment of Mr. Miles.
Mr. Swan called for the yeas and nays;
Which were ordered,
Yeas: Arrington, Barksdale, Bridgers, Chilton, Clopton, Conrad, Conrow, Currin, Curry, Dargan, Davis, De Jarnette, Dupré, Elliott, Freeman, Gardenhire, Garland, Gartrell, Hartridge, Heiskell, Herbert, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Lyons, Machen, McRae, Moore, Pugh, Read, Russell, Smith of Alabama, Swan, Tibbs, Trippe, Wilcox, and Wright of Texas.
Nays: Ayer, Baldwin, Batson, Bell, Bonham, Chambers, Chambliss. Collier, Davidson, Farrow, Foote, Foster, Garnett, Goode, Gray, Hanly, Harris, Hilton, Jones, Marshall, McDowell, McQueen, Menees, Miles, Munnerlyn, Perkins, Royston, Smith of North Carolina, Strickland, Vest, and Welsh.
So the motion to reconsider prevailed.
Mr. Smith of North Carolina moved to amend the amendment by striking out all of the same and inserting in lieu thereof the words "exempt by the laws of the respective States when the call is made."
Mr. Davis called the question; which was ordered, and the amendment to the amendment was lost.
Mr. Garnett moved to amend the amendment by striking [out] all of the same and inserting in lieu thereof the words
exempt by the laws of their respective States, which have been or may be enacted since the said States severally joined the Confederacy.
Mr. Swan called the question; which was ordered.
Mr. Harris moved that the House adjourn.
The motion was lost.
The amendment to the amendment was lost.
Mr. Chambers moved to amend the amendment by striking out all of the same after the word "exempted" and inserting in lieu thereof the words
except such persons as may hereafter be liable to militia or military service in the field by the laws of any State.
Mr. Curry called the question; which was ordered, and the amendment to the amendment was lost.
Mr. Curry demanded the question; which was ordered, and was upon the amendment of Mr. Miles.
Mr. Miles called for the yeas and nays.
Mr. Bonham moved that the House adjourn.
The motion was lost.
The yeas and nays were ordered,
Yeas: Aver, Baldwin, Batson, Bell, Bonham, Chambliss, Collier, Davidson, Farrow, Foote, Foster, Garnett, Goode, Gray, Hanly, Hilton. Jones, Marshall, McDowell, McQueen, Menees, Miles, Munnerlyn, Perkins, Royston, Smith of North Carolina, Strickland, Trippe, Welsh, and Mr. Speaker.
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Nays: Arrington, Barksdale, Bridgers, Chambers, Chilton, Clopton, Coined, Conrow, Currin, Curry, Dargan, Davis, De Jarnette, Dupré, Freeman, Gardenhire, Garland, Gartrell, Harris, Hartridge, Heiskell, Herbert, Holcombe, Holt, Johnston, Kenan of Georgia, Kenner, Lander, Lyon, Lyons, Machen, McRae, Moore, Pugh, Read, Russell, Swan, Tibbs, Vest, and Wright of Texas.So the amendment was lost.
Mr. Machen called the previous question.
Mr. Gray moved that the House adjourn.
The motion was lost.
The previous question was not ordered.
The Chair laid before the House a message of the President; which is as follows, to wit:
I herewith transmit for your information a communication from the Secretary of War in further response to your resolution of the gist August, asking for copies of the official reports of all engagements with the enemy received since the adjournment of Congress.
JEFFERSON DAVIS.
which was read, laid on the table, and ordered to be printed.
On motion of Mr. Foote, the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;
When, on motion,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, the Chair presented a communication from the President; which is as follows, to wit:
Richmond, Va., September 26, 1862.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War in reference to the defense of Western and Southern rivers, to which I invite your attention.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were referred to the Committee on Ways and Means.
A message was received from the Senate, by the hands of the Secretary of that body, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, to wit:
In which I am directed to ask the concurrence of this House.
On motion of Mr. Kenner, Senate bill (S. 105) to appropriate money for the purchase, arming, and equipping vessels abroad was taken up, read the first and second times, and referred to the Committee on Ways and Means.
The Chair presented a communication from the President; which is as follows, to wit:
Richmond, Va., September 24, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of the Navy, covering an estimate for an additional appropriation for the construction and equipment of ironclad and other vessels abroad.
I recommend an appropriation of the amount, and for the purpose specified.
JEFFERSON DAVIS.
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On motion, the message and accompanying documents were referred to the Committee on Ways and Means.
And on motion of Mr. Foote.
The House resolved itself into open session.
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