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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 --NINETEENTH DAY--WEDNESDAY, December 30, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Minnigerode.
No quorum having voted on the last vote taken yesterday,
The Chair ordered a call of the roll, and the following gentlemen answered to their names:
Messrs. Ashe, Atkins, Bell, Boteler, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Chilton, Chrisman, Clapp, Clopton, Conrow, Currin, Curry, Dargan, Davidson, De Jarnette, Elliott, Foote, Freeman, Gaither, Gardenhire, Garland, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Kenan of Georgia, Kenan of North Carolina, Lander, Lewis, Lyons, Machen, McDowell, McLean, Menees, Miles, Munnerlyn, Perkins, Russell, Simpson, Smith of Alabama, Strickland, Swan, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Tennessee, and Mr. Speaker.
There being a quorum present,
On motion of Mr. Machen, leave of absence was granted his colleague, Mr. Ewing, who was detained from his seat by indisposition.
On motion of Mr. H. W. Bruce, leave of absence was granted his colleague, Mr. Moore, who was detained from his seat by illness in his family.
On motion of Mr. Lyons, leave of absence was granted his colleague, Mr. Collier, who was detained from his seat by indisposition.
On motion of Mr. Kenan of Georgia, leave of absence was granted his colleagues, Messrs. Gartrell (absent on special business) and Wright (detained from his seat by indisposition).
On motion of Mr. Lyons, it was ordered that the bill for the relief of the families of indigent soldiers be taken from the Calendar of last session and placed on the Calendar of this.
On motion of Mr. Chambliss, it was ordered that the bill to grant compensation to the seamen employed on the Merrimac in the battle of March, 1862, be taken from the Calendar of last session and placed on the Calendar of this.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 164) entitled "An act to repeal an act regulating the granting of furloughs and discharges in hospitals," approved May 1, 1863; in which I am directed to ask the concurrence of this House.
Mr. Russell offered the following resolution; which was referred to the Committee on Military Affairs:
Resolved, That the Committee on Military Affairs be instructed to report a bill to repeal all exemptions from military service now allowed by law to any of the white male residents in the Confederate States between the ages of eighteen and forty-five years, except the exemptions for disability and the exemptions of persons holding offices in or under the Confederate and State governments, or employed in State ordnance departments, of ministers of the gospel, and of State troops as now allowed by law; and also to report a bill to regulate details.
Mr. Russell moved to suspend the rule limiting debate on the resolution; which motion was not agreed to.
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Mr. Lyons presented the memorial of R. H. Lorton, collector of customs for the Richmond district, praying relief from loss incurred by receiving counterfeit Treasury notes; which, without being read, was referred to the Committee on Claims.
Mr. Chilton presented a communication from Hon. John A. Cuthbert, of Alabama, relative to fees of clerks of district courts; which, without being read, was referred to the Committee on the Judiciary.
Also, a communication from Lieut. Col. H. A. Herbert, Eighth Alabama Volunteers, making suggestions relative to the working of our present army system; which, without being read, was referred to the Committee on Military Affairs.
Mr. Foster presented the memorial of T. J. Foster, asserting a claim against the Government; which, without being read, was referred to the Committee on Claims.
Mr. Ralls introduced
A bill to provide for the preservation of Government hides;
which was read a first and second time and referred to the Committee on Quartermaster's and Commissary Departments.
Mr. Hanly introduced
A joint resolution of thanks to Maj. Gen. Patrick R. Cleburne and the officers and troops of his division for the gallantry displayed by them in the battle of Ringgold Gap, in the State of Georgia, on the 27th of November last;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Hilton presented joint resolution of the Florida legislature relative to the exemption of certain persons from military service; which was referred to the Committee on Military Affairs.
Mr. Hilton also presented joint resolutions of the Florida legislature relative to the tax in kind; which were referred to the Committee on Ways and Means.
Mr. Hilton also presented joint resolutions of the Florida legislature relative to the pay of the soldiers; which were referred to the Committee on Military Affairs.
Mr. Hilton also presented a memorial from the adjutants of the various regiments of the Army of Northern Virginia in favor of an increase of pay and rank; which was referred to the Committee on Military Affairs.
Mr. Hartridge presented a petition of George Mattweiler, of Effingham, Ga., praying a renewal of certificate of stock destroyed by fire; which was referred to the Committee on Claims.
Mr. Hartridge presented a memorial of certain naval officers, praying an increase of the pay of officers of the Navy; which was referred to the Committee on Naval Affairs.
Mr. H. W. Bruce presented a communication from Lieut. Benjamin Hardin, touching the reorganization of the Army; which was referred to the Committee on Military Affairs.
A message was received from the President, by Mr. Harrison, his Private Secretary; which is as follows, viz:
To the Speaker of the House of Representatives.
Mr. Speaker: On the 28th instant the President approved and signed the following acts:
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Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., December 30, 1863.
Mr. Perkins offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Printing be instructed to inquire and report to this House the cause of the delay in furnishing Congress with printed copies of the report of the Secretary of War.
Mr. Menees moved that the Speaker appoint temporary members of the Committee on Printing during the absence of the regular members; which motion was agreed to.
Mr. Villeré presented the memorial of Thomas Murray & Co., of New Orleans, and Criglar, Batchelder & Pooley, of Hunt's Mills, Fla., asserting a claim against the Government for property destroyed; which was referred to the Committee on Claims.
Mr. Clapp moved that the bill to provide for wounded and disabled officers and soldiers an asylum, to be called the "Veteran Soldiers' Home," be taken from the table and referred to a special committee of five members.
The motion was agreed to.
Mr. Gaither offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law that all persons connected with the railroads and express companies, assistant quartermasters and commissaries, agents and employees of every description, justices of the peace, and militia officers within the age of conscription, be immediately enrolled in the Army; and that the said committee inquire into the propriety of declaring that it shall not be lawful to detail from the military service any person to work in any cotton or woolen factory, forge, furnace, foundry, or any other company or individual enterprise whatsoever, except the Army in the field.
Mr. Davidson presented the petition of sundry citizens of Alamance and Guilford counties, N. C., praying a post-road from Gibsonville, in Guilford County, to Long's Mills, in Randolph County; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Miles introduced
A bill to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts;"
which was read a first and second time and referred to the Committee on the Judiciary.
Also, a bill to create an invalid corps; which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Simpson introduced
A bill to provide for the reduction of the currency;
which was read a first and second time and referred to the Special Committee on the Currency.
Mr. Foote introduced
A bill to repeal the act establishing the office of Assistant Secretary of State;
which was read a first and second time and referred to the Committee on Foreign Affairs.
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Mr. Gardenhire introduced
A bill to indemnify certain losses sustained by the commissioned officers of Gen. Marcus J. Wright's brigade;
which was read a first and second time and referred to the Committee on Claims.
Mr. Heiskell offered the following resolution; which was adopted, viz:
Resolved, That the President of the Confederate States be requested to inform this House whether orders have been made by commanding officers in the field requiring officers of regiments and companies to pay assessments of damages made by such commanding officers without intervention of courts-martial or boards of survey; and whether such orders are authorized by any statute of the Confederate States; and if not, upon what authority such power is claimed or exercised.
Mr. Foote offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be requested to inquire into the expediency of providing by law for exception out of the operation of the bill providing for the repeal of the existing law in regard to substitutes, in the event of that bill becoming a law, certain classes of persons who have heretofore employed substitutes on such grounds of equitable arrangement as said committee shall deem judicious.
Mr. Graham offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire whether or not under existing laws "noncommissioned officers, privates, musicians, and artificers" in the cavalry service, who have been dismounted by order of their commanding general, are entitled to forty cents a day each for their horses; and if not, to inquire into the expediency of providing by law for the payment of the same.
The Chair laid before the House a communication from the President; which is as follows, viz:
Richmond, December 29, 1863.
To the House of Representatives:
In response to your resolution of the 11th instant, I herewith transmit for your information a communication from the Secretary of War, covering a copy of the report of Gen. Joseph E. Johnston of his operations in Mississippi during the months of May, June, and July, 1863, together with a copy of the report of Lieut. Gen. J. C. Pemberton of his operations during the same time.
JEFFERSON DAVIS.
The communication and accompanying documents were laid on the table and ordered to be printed.
The Chair also laid before the House the following communication from the President, viz:
Richmond, December 28, 1863.
To the House of Representatives:
I herewith transmit a communication from the Secretary of War, covering copies of additional reports of military operations of the year 1862, which should have accompanied the report of Gen. R. E. Lee, submitted for your information on the 24th instant.
JEFFERSON DAVIS.
The communication and accompanying documents were ordered to lie on the table and be printed.
Mr. Heiskell offered the following resolution; which was referred to the Committee on Printing, viz:
Resolved, That one thousand extra copies of the foregoing communications and accompanying documents be printed for the use of the House.
Mr. Hilton offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Printing be instructed to [inquire?] what, if any, rule can be adopted with reference to the printing of reports of battles and military operations so as to secure the printing of the more important of the documents in advance of others of less importance, and report by bill or otherwise.
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The Chair laid before the House a Senate bill (S. 164) to repeal an act regulating the granting of furloughs and discharges in hospitals, approved May 1, 1863; which was read a first and second time and referred to the Committee on the Medical Department.
The morning hour having expired,
The House resumed the consideration of the unfinished business of yesterday, which was the bill on the Calendar to provide for wounded and disabled officers and soldiers; which, by unanimous consent, was passed over informally and ordered to remain upon the Calendar.
The House then proceeded to the consideration of the bill next in order on the Calendar, to prevent the procuring, aiding, and assisting of persons to desert from the Army of the Confederate States, and for other purposes.
And the bill having been read as follows, viz:
The Congress of the Confederate States do enact, That any person, not subject to the Rules and Articles of War, who shall procure or entice a soldier or person enrolled for service in the Army of the Confederate States to desert, or who shall aid or assist any deserter from the Army or any person enrolled for service to evade their proper commanders, or to prevent their arrest to be returned to the service, or who shall conceal or harbor any such deserter, or shall purchase from any soldier or person enrolled for service any portion of his arms, equipments, rations, or clothing, or any property belonging to the Confederate States or any officer or soldier of the Confederate States, shall, upon conviction before the district court of the Confederate States having jurisdiction of the offense, be fined not exceeding one thousand dollars and be imprisoned not exceeding two years,
Mr. Chambliss moved to amend by inserting before the word "conceal" the word "knowingly."
The amendment was agreed to, and the bill was engrossed, read a third time, and passed.
On motion of Mr. Perkins, the bills next in order on the Calendar, to establish a bureau of foreign supplies, and to prevent the running of the blockade, except on Government account, for articles necessary to the prosecution of the war, were, by unanimous consent, postponed and ordered to remain upon the Calendar.
The House then took up for consideration the bill on the Calendar to grant a special copyright to W. J. Hardee and S. H. Goetzel for Hardee's Rifle and Infantry Tactics.
The bill having been read as follows, viz:
Mr. Chilton moved that the bill be referred to the Committee on the Judiciary, and on his motion demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Boteler, Burnett, Chilton, Clapp, Conrow, De Jarnette, Elliott, Farrow, Foote, Freeman, Hanly, Hartridge, Kenan of Georgia, Kenan of North Carolina, Lyons, McDowell, Menees, Miles, Perkins, Russell, Wilcox, Wright of Texas, and Mr. Speaker.
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Nays: Ashe, Bell, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Chambliss, Clark, Clopton, Currin, Curry, Dargan, Davidson, Foster, Gaither, Gardenhire, Garland, Heiskell, Hilton, Holcombe, Lander, Lewis, Machen, McLean, Munnerlyn, Ralls, Sexton, Simpson, Singleton, Smith of Alabama, Strickland, Swan, Trippe, Vest, Villeré, Welsh, and Wright of Tennessee.
So the motion was lost.
Mr. Chilton offered the following amendment:
Provided, nevertheless, That this act shall not be so construed as to have a retroactive operation, so as to prevent the sale of said tactics heretofore printed.
Mr. Clark demanded the question; which was ordered, and the amendment was agreed to.
The bill was then engrossed and read a third time.
And the question being,
Shall the bill pass?
Mr. Lyons demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Atkins, Bell, Boteler, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Burnett, Clapp, Clark, Clopton, Curry, Dargan, Davidson, Foote, Foster, Gaither, Garland, Graham, Hanly, Hilton, Holcombe, Lander, Lewis, Machen, McDowell, McLean, Menees, Munnerlyn, Ralls, Sexton, Simpson, Singleton, Smith of Alabama, Strickland, Swan, Trippe, Villeré, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Chilton, Chrisman, Conrow, De Jarnette, Elliott, Farrow, Freeman, Hartridge, Heiskell, Kenan of Georgia, Kenan of North Carolina, Lyons, Miles, Perkins, Russell, Vest, and Welsh.
So the bill was passed.
The House then took up for consideration a joint resolution on the Calendar for the relief of Maj. W. F. Haines; which was engrossed, read a third time, and passed.
A bill on the Calendar to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermaster's Department was then taken up for consideration, and having been read as follows, viz:
Mr. Breckinridge offered the following amendment:
In fourth line, after the word "kind," insert the words "for themselves and one ration for each servant they are entitled to by law."
The amendment was agreed to.
Mr. Clark submitted the following amendment:
After the word "States" insert the words "in the field."
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The question being on agreeing to the amendment,
Mr. Clark demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Bell, Chrisman, Clark, Clopton, Curry, De Jarnette, Farrow, Gaither, Hanly, Hartridge, Kenan of North Carolina, Lewis, McDowell, Munnerlyn, Strickland, Trippe, Welsh, and Wright of Tennessee.
Nays: Atkins, Boteler, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Chilton, Clapp, Conrow, Dargan, Davidson, Elliott, Foote, Foster, Freeman, Gardenhire, Garland, Graham, Heiskell, Hilton, Holcombe, Kenan of Georgia, Lyons, Machen, Menees, Miles, Perkins, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Vest, Villeré, Wilcox, and Wright of Texas.
So the amendment was lost.
Mr. Atkins moved to reconsider the vote by which the House agreed to the amendment of Mr. Breckinridge; which motion was agreed to.
Mr. Atkins moved to lay the amendment on the table; which motion was also agreed to.
Mr. Chambliss submitted the following amendment:
After the word "armies" [insert] the words "or in the naval service."
The amendment was agreed to.
Mr. Curry offered the following amendment as an additional section:
That no officer not in active service in the field shall be authorized to draw subsistence stores on paying cash for them at contract or cost prices on his certificate that they are for his own use and the use of his family.
Pending the consideration of which,
The House,
On motion of Mr. Garland,
Adjourned until 12 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
The Chair laid before the House a communication from the President; which was read as follows, viz:a
[Note a: a The communication is not recorded in the Journal.]
The communication and accompanying documents were referred to the Special Committee on the Foreign Loan.
On motion,
The House resolved itself into open session.
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