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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 --FORTIETH DAY--SATURDAY, January 23, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Marshall.
The Chair laid before the House a Senate joint resolution (S. 23) in relation to the salaries of the judges of the district courts of the Confederate States for the State of Virginia; which was read a first and second time and referred to the Committee on the Judiciary.
Also, a Senate bill (S. 167) to amend an act to provide a mode of authenticating claims for money against the Confederate States not otherwise provided for, approved August 30, 1861; which was read a first and second time and referred to the Committee on the Judiciary.
Also, a Senate bill (S. 180) to provide for the investigation and settlement of the transactions and accounts of quartermasters, commissaries, contractors, and other financial and disbursing officers, agents, and employees of the Confederate States.
The bill having been read a first and second time,
Mr. Swan moved that it be referred to the Committee on the Judiciary.
Mr. Foote moved to amend the motion of Mr. Swan by striking out "Judiciary" and inserting "Quartermaster's and Commissary Departments;" which latter motion prevailed, and the motion of Mr. Swan, as amended, was agreed to.
The Chair also laid before the House a Senate bill (S. 196) to extend the provisions of an act entitled "An act in relation to the receipt of counterfeit Treasury notes by public officers," approved May 1, 1863.
The bill having been read a first and second time,
Mr. Jones moved that the rule be suspended requiring it to be referred to a committee; which motion was agreed to.
The question being on postponing the bill,
It was decided in the negative.
The bill was read a third time and passed.
Mr. Jones moved to reconsider the vote by which the bill was passed, and called the question; which was ordered, and the motion to reconsider was lost.
The Chair laid before the House a bill (H. R. 75) to be entitled "An act to amend an act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, and to repeal and act amendatory thereof, approved April twenty-seventh, eighteen hundred and sixty-three;" which had been returned from the Senate with sundry amendments.
The bill and amendments were referred to the Committee on the Judiciary.
By unanimous consent,
Mr. Barksdale introduced
A bill supplemental to the several acts in relation to public printing;
which was read a first and second time and referred to the Committee on Printing.
Mr. McQueen presented the petition of Evander Byrd, praying relief for taxes overpaid; which was referred to the Committee on Claims.
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Mr. Perkins offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Printing be instructed to inquire and report as to the practicability and cost of having prepared and printed an "analytical digest of all the acts of Congress" from the time of the meeting of the Provisional Congress to the close of the present session; also, what would be the cost of having prepared and printed for the use of the Government a similar digest of all the "naval and military laws" of Congress, and whether it will be practicable to have one or both of these works ready for delivery at the time of the meeting of the next Congress.
Mr. Heiskell moved that the message of the President and accompanying documents in reference to the payment of assessment of damages made by commanding officers in the field "without intervention of courts-martial or boards of survey" be referred to the Committee on the Judiciary.
The motion was agreed to.
Mr. Miles introduced
A bill to authorize the appointment of additional artillery officers for ordnance duties;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Ingram offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Claims be requested to inquire into the causes of delay in auditing and settling the claims due to the families and relatives of soldiers who have died or been killed in service, and if any legislation be necessary to expedite the business, that said committee be requested to report by bill or otherwise.
Mr. Lyons presented the memorial of Robert Cochran and other clerks in the civil departments of the Government, praying increased compensation.
Mr. Jones moved that the memorial be referred to a select committee of five members.
The motion was agreed to.
Mr. Lyons moved that the Senate bill increasing the compensation of the clerks, which is now on the table, and the memorials, etc., referred to the Committee on Ways and Means, be referred to the select committee of five.
The motion was agreed to.
Mr. Russell moved to reconsider the vote by which the bill to be entitled "An act to amend an act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, and to repeal an act amendatory thereof, approved April twenty-seventh, eighteen hundred and sixty-three," was referred to the Committee on the Judiciary.
The motion to reconsider prevailed.
And the question recurring on referring the bill to said committee,
It was decided in the negative.
Mr. Russell moved that the rule be suspended requiring the bill and amendments to be referred to a committee.
The motion prevailed.
The first amendment of the Senate, which is as follows, was lost:
Strike out the first section of the bill.
The second amendment was agreed to as follows, viz:
In line 10, section 3, after the word "held," insert the words "and appropriated."
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The third amendment was agreed to, viz:
In line 3, section 4, after the word "impressed," insert the words "which shall be a just compensation for the property so impressed, at the time and place of impressment."
The fourth amendment, which is as follows, was lost:
In line 4, section 4, strike out all after the word "impressment" down to and including the word "away," in line 6.
The fifth amendment, which is as follows, was lost:
Strike out section 8.
The sixth amendment was agreed to as follows, viz:
Add the following independent section:
Mr. Miles offered the following resolutions:
Resolved, That the thanks of Congress are hereby tendered to all of the brigades and other troops in the service who have taken the patriotic and gallant resolution to reenlist for the war.
Resolved, That the manifestation of such a spirit in our armies is a happy omen of the ultimate triumph of our struggle for independence, indicative as it is of the fixed determination of our people never to lay down their arms while our soil is exposed to the hostile tread and barbarous ravages of our malignant enemies.
The resolutions were unanimously adopted.
Mr. Gray introduced
A bill to be entitled "An act supplemental to the several acts relating to military courts;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Gartrell presented the memorial of William F. Clayton, midshipman, Confederate States Navy, praying increased compensation; which was referred to the Committee on Naval Affairs.
Mr. Gartrell offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of providing by law for an increase of the pay of midshipmen in the Navy, and report by bill or otherwise.
Mr. Conrad presented the claim of Lieut. Charles E. Liverick for $275 for horse killed in battle; which was referred to the Committee on Claims.
Mr. Conrad offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Quartermaster's and Commissary Departments inquire into and report to this House the facts connected with a certain contract entered into in December, eighteen hundred and sixty-two, by Major A. B. Magruder, assistant commissary of subsistence, or by his assistant, Captain Deane, acting commissary of subsistence, for a quantity of beef to supply the force then stationed at Wilmington, North Carolina, under the command of General Whiting, and the subsequent disapproval of said contract by the Commissary-General--whether said disapproval was correct and proper or the reverse, and whether the Government sustained any and what loss thereby.
Mr. Curry presented the petition of J. M. Kidd, of Alabama, asking that bonds be delivered to him for beef furnished under this subscription to the produce loan; which was referred to the Committee on Claims.
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Mr. Chambliss offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Naval Affairs inquire into the propriety of passing a resolution authorizing the President of the Confederate States to place John Dunderdall on the list of boatswains of the Confederate States Navy.
The House then resumed consideration of the bill to be entitled "An act to create an invalid corps;" which, on motion of Mr. Miles, was postponed until Tuesday morning next.
Mr. Miles moved that the rules be suspended to take up for consideration the bill from the Calendar to increase the efficiency of the Army by the employment of free negroes and slaves in certain cases.
The motion was agreed to.
Mr. Baldwin moved to amend the first section of the bill by adding at the end thereof the following:
And no free negro engaged in the production of food or forage shall be taken under this act.
Pending which,
The House, on motion of Mr. Jones, resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Miles moved that the House go into secret session for the purpose of allowing the Committee on Military Affairs to report a bill.
Mr. Foote demanded the yeas and nays thereon; which were not ordered, and the motion was agreed to.
The House accordingly resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Hilton, under a suspension of the rules, offered the following resolution; which was adopted, viz:
Resolved, That the resolution requiring the House to take daily a recess from three thirty to six o'clock postmeridian be, and the same is hereby, rescinded.
Mr. Miles, from the Committee on Military Affairs, to which had been referred
A bill to authorize payment for property destroyed and injured by reason of military necessities,
reported back the same, with the recommendation that the committee be discharged from its further consideration, and that it be referred to the Committee on Claims and ordered to be printed; which was agreed to.
And the House,
On motion of Mr. Foster,
Adjourned until 11 o'clock a. m. Monday.
SECRET SESSION.
The House being in secret session,
Mr. Preston, under a suspension of the rules, offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Foreign Affairs be instructed to inquire into the expediency of increasing the amount placed at the disposal of the President to be used in the foreign service.
On motion of Mr. Lyons, it was ordered to be certified upon the record that had he been present he would have voted against the passage of the bill to levy additional taxes for the common defense and support of the Government.
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Mr. Clark desired it to be certified that he would have voted "no" on the passage of the bill,
Mr. Strickland that he would have voted "aye,"
Mr. Kenan that he would have voted "aye," and
Mr. Gartrell that he would have voted "aye."
Mr. Perkins, under a suspension of the rules, from the Committee on Ways and Means, to which had been referred a Senate bill (S. 183) to prohibit the importation of luxuries, or of articles not necessaries or of common use, reported back the same, with the recommendation that it do pass with an amendment.
The question being on postponing the bill and placing it upon the Calendar,
It was decided in the negative.
Mr. Swan moved to amend the first section by adding at the end the words "and tableware made of German silver."
Mr. Machen demanded the previous question.
The demand was seconded, and the amendment of Mr. Swan was lost.
The question recurring on the amendment of the committee, which is as follows, viz:
Strike out, in fourth section, the words "except under special license from the Secretary of the Treasury," in the tenth line,
It was decided in the affirmative.
The bill having been read the third time, and the question recurring on the passage of the same,
Mr. Swan demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Boteler, Boyce, Bridgers, Chambers, Chambliss, Chilton, Clapp, Clopton, Collier, Conrow, Curry, De Jarnette, Elliott, Ewing, Farrow, Foote, Foster, Freeman, Gaither, Gardenhire, Garland, Gartrell, Graham, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Jones, Kenan of Georgia, Lander, Lewis, Lyon, Machen, McQueen, McRae, Menees, Miles, Munnerlyn, Perkins, Preston, Pugh, Ralls, Sexton, Singleton, Smith of North Carolina, Tibbs, Trippe, Villeré, Welsh, Wilcox, and Wright of Texas.
Nays: Conrad, Dargan, Dupré, Garnett, Johnston, Lyons, Martin, Smith of Alabama, and Swan.
So the bill was passed.
Mr. Jones moved to reconsider the vote just taken, by which the bill was passed, and called the question; which was ordered.
The motion to reconsider was lost.
Mr. Machen moved that the consideration of the special orders preceding the Senate bill to provide for the organization of forces [to serve] during the war be postponed for the purpose of taking up that bill for consideration.
The motion was agreed to.
Mr. Miles moved that the consideration of the Senate bill be postponed; which motion was agreed to.
The House then, on motion of Mr. Preston, resolved itself into open session.
The House being again in secret session,
Mr. Miles, from the Committee on Military Affairs, to which had been referred
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A bill to continue in service all troops now in the military service of the Confederate States,
reported back the same, with the recommendation that it do pass.
The question being on postponing the same and placing it on the Calendar,
It was decided in the negative.
Mr. Foote submitted the following amendment:
Add at end of section 1 the words "but that all regiments, battalions, and companies shall be allowed to elect the officers who are to command them."
Pending which,
The House,
On motion of Mr. Hilton,
Resolved itself into open session.
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