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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 --NINTH DAY--WEDNESDAY, January 21, 1863.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
NINTH DAY--WEDNESDAY, January 21, 1863.

OPEN SESSION.

The House met pursuant to adjournment, and was opened by prayer by the Rev. Dr. Doggett.

The House then proceeded to the consideration of the unfinished business of the morning hour; which was the motion to refer to the Committee on Foreign Affairs joint resolution offered by Mr. Clopton relating to the condition of the existing war and the late proclamation of the President of the United States.

And the motion prevailed.

A message was received from the Senate, by the hands of Mr. Nash, the Secretary of that body; which is as follows, to wit:

Mr. Speaker: The Senate have adopted a resolution to amend Joint Resolution No. XVI, of the two Houses, in which I am directed to ask the concurrence of this House.

Mr. Curry introduced

A bill to amend an act entitled "An act to secure copyrights to authors and composers," approved May 4, 1861;
which was read first and second times and referred to the Committee on the Judiciary.

Mr. Curry presented the memorial of Captain Brandon, claiming compensation for a horse which died of wounds received in battle; which was referred to the Committee on Claims, without being read.

Mr. Curry presented the petition of certain sick and wounded soldiers, asking such a change of the law or regulations as will facilitate the granting of furloughs; which was referred to the Committee on the Medical Department, without being read.


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Mr. Curry offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Military Affairs inquire into the expediency of continuing the pay of soldiers and seamen discharged from service on account of wounds received in engagements with the enemy until the expiration of their term of service.

Mr. Foster introduced the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Quartermaster's and Commissary Departments be instructed to ascertain (as nearly as practicable) the number of able-bodied young men who are now engaged as principal and agents in each of those departments, and to report, by bill or otherwise, as to the best and most speedy mode of placing all such in the ranks and supplying their places with men over the conscript age and with discharged soldiers.

Mr. Foster offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of abolishing, in part or in whole, camps of instruction.

Mr. Chilton introduced

A bill to refund to the State of Alabama the sum paid by said State for the steamer Florida;
which was read first and second times and referred to the Committee on Claims.

Mr. Chilton presented the memorial of M. L. Prewitt, a wounded soldier in Camp Winder, touching furloughs; which was referred to the Committee on the Medical Department, without being read.

Mr. Chilton offered the following resolution; which was read and agreed to, to wit:

Resolved, That the President, if not deemed by him incompatible with the public interests, cause to be transmitted to this House, at the earliest practicable moment, copies of all written evidence of, or relating to, any contract or contracts, and of any change or modification thereof, for supplying the Government with flour, made with Messrs. Haxall, Crenshaw & Co. And that in like manner he cause to be transmitted to this House copies of any contracts made during the present winter with the Government for supplies of ice.

Mr. Chilton offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Quartermaster's and Commissary Departments and Military Transportation are hereby authorized to employ a clerk to assist them in the discharge of their duties.

Mr. Clopton presented a design for a seal; which was referred to the Committee on Flag and Seal.

Mr. Smith of Alabama offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Military Committee be instructed to inquire into the expediency of adopting some mode by which wounded and disabled soldiers may be furloughed or discharged, and to report to this House by bill or otherwise.

The House then proceeded to the consideration of the special order of the day; which was the consideration of

A bill declaring what persons shall be exempt from military duty.

And the bill having been read as follows, to wit:

A bill to be entitled "An act to declare what persons shall be exempt from military service."

The Congress of the Confederate States of America do enact, That from and after the passage of this act all white male residents of the Confederate States between the


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ages of eighteen and forty-five years, except those constituting the executive, legislative, and judicial authorities of the Confederate States and of the several States composing the Confederacy are, and shall be, liable to military duty in the service of the Confederate States, and shall be duly enrolled in the same, in accordance with existing laws, and all laws and parts of laws exempting any persons between the said ages of eighteen and forty-five years are hereby repealed: Provided, That the Secretary of War shall, upon such terms and conditions as may be prescribed by him, and with the approval of the President, exempt from all military service, or detail for specified purposes, such person or persons as, with the approval of the President, he may deem essential for the good of the service or the general interests of the country: And provided further, That the enrollment of persons between forty and forty-five years of age shall be suspended until the President shall call such persons into the military service,

Mr. Collier moved to amend by striking out the whole of the same and to insert in lieu thereof the following, to wit:

The Congress of the Confederate States of America do enact, That all persons who shall be held unfit for military service in the field by reason of bodily or mental incapacity or imbecility, under rules to be prescribed by the Secretary of War; the Vice-President of the Confederate States; the officers, judicial and executive, of the Confederate and State governments, including postmasters appointed by the President and confirmed by the Senate, and such clerks in their offices as are allowed by the Postmaster-General and now employed, and excluding all other postmasters, their assistants and clerks; and except such State officers as the several States may have declared, or may hereafter declare, liable to militia duty; the members of both Houses of the Congress of the Confederate States and of the legislatures of the several States and their respective officers; all clerks now in the offices of the Confederate and State governments authorized by law, receiving salaries or fees; all volunteer troops heretofore raised by any State since the passage of the act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any person who was liable to be called into service by virtue of said act of April sixteenth, eighteen hundred and sixty-two; all pilots and persons engaged in the merchant marine service; the president, superintendents, conductors, treasurer, chief clerk, engineers, managers, station agents, section masters, two expert track hands to each section of eight miles, and mechanics in the active service and employment of railroad companies, not to embrace laborers, porters, and messengers; the president, general superintendent, and operators of telegraph companies, the local superintendent and operators of said companies not to exceed four in number at any locality but that at the seat of government of the Confederate States; the president, superintendents, captains, engineers, chief clerk, and mechanics in the active service and employment of all companies engaged in river and canal navigation, and all captains of boats and engineers therein employed; one editor of each newspaper now being published, and such employees as the editor or proprietor may certify on oath to be indispensable for conducting the publication; the Public Printer and those employed to perform the public printing for the Confederate and State governments; every minister of religion authorized to preach according to the rules of his sect and in the regular discharge of ministerial duties, and all persons who have been and now are members of the Society of Friends and the Association of Dunkards, Nazarenes, and Mennonists in regular membership in their respective denominations: Provided, That members of the Society of Friends, Nazarenes, Mennonists, and Dunkards shall furnish substitutes or pay a tax of five hundred dollars each into the public treasury; all physicians who now are and have been for the last five years in actual practice of their profession; all superintendents of public hospitals, lunatic asylums, and the regular physicians, nurses, and attendants therein, and the teachers employed in the institutions for the deaf, dumb, and blind; in each apothecary store now established and doing business, one apothecary in good standing who is a practical apothecary; all superintendents, managers, mechanics, and miners employed in the production and manufacture of salt to the extent of twenty bushels per day, and of lead and iron, and all persons engaged in burning coke, smelting, and manufacture of iron, regular miners in coal mines, and all colliers engaged in making charcoal for making bar and pig iron, not to embrace laborers, messengers, wagoners, and servants, unless employed at works conducted under the authority and by the officers or agents of a State, or in works employed in the production of iron for the Confederate States; also a regiment raised under and by authority of the State of Texas for frontier defense, now in the service of said State, while in such Provided further, That the exemptions herein above enumerated and granted hereby


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shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations: Provided further, That the Secretary of War shall, upon such terms and conditions as may be prescribed by him, and with the approval of the President, exempt from all military service, or detail for specified purposes, such person or persons as, with the approval of the President, he may deem essential for the good of the service or the general interests of the country: And provided further, That the enrollment of persons between forty and forty-five years of age shall be suspended until the President shall call such persons into the military service.

Mr. Miles, from the Committee on Military Affairs, to whom had been referred sundry bills and memorials on the subject of military exemptions, reported the same back, asked to be discharged from their further consideration, and that they lie on the table; which was agreed to.

Mr. Baldwin moved that the House go into Committee of the Whole.

The motion was lost.

Mr. Dargan moved to amend the original bill by adding at the end thereof the following proviso, to wit:
Provided, however, That each judicial and executive officer of any State who by the laws thereof are or may be liable to perform military service shall not be exempted by virtue of this act.

Mr. Collier moved that all amendments to the bill be printed.

The motion prevailed.

Mr. Conrad moved to recommit the bill and all amendments to the Committee on Military Affairs, with instructions to report a bill enumerating classes for exemption.

Upon which motion Mr. Miles demanded the yeas and nays.

Pending which,

On motion of Mr. Jones,

The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;

When,

Mr. Lyons offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Public Buildings be instructed to rent the necessary committee rooms for the use of the committees of this House, and the furniture necessary for the same.

On motion of Mr. McLean,

The House adjourned until 12 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

The Chair presented a message from the President; which is as follows, to wit:

Richmond, Va., January 21, 1863.

To the Senate and House of Representatives:

I herewith return my message sent to you on the 14th instant, calling your attention to the eighth line on the sixth page, where I have substituted the word "sovereign" for "seven," as it previously stood, incorrectly written.

JEFFERSON DAVIS.

On motion of Mr. Royston,

The House resolved itself into open session.

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