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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 --FORTY-FIRST DAY--MONDAY, January 25, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Burrows.
The Chair laid before the House a Senate bill (S. 190) to regulate the collection of the tax in kind upon tobacco, and to amend an act entitled "An act to lay taxes for the common defense and carry on the Government of the Confederate States," approved April 24, 1863; which was read a first and second time.
Mr. Jones moved that the rule be suspended requiring the bill to be referred to a committee.
The motion was agreed to, and 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 thereon; which was ordered, and the motion to reconsider was lost.
Mr. Gartrell moved to suspend the rules, to enable him to offer a resolution.
The motion was agreed to, and
Mr. Gartrell offered the following resolution; which was adopted, viz:
Resolved, That the Doorkeeper of the House be instructed to furnish the President and the heads of Departments with copies of each document required to be printed by this body unless otherwise directed.
Mr. Chilton moved that the rules be suspended to enable him to make a report from the Committee on Post-Offices and Post-Roads.
The motion was agreed to, and
Mr. Chilton, from the Committee on Post-Offices and Post-Roads, to which had been referred a Senate bill (S. 159) to authorize the appointment of an agent of the Post-Office Department, and such clerks as may be necessary, to carry on the postal service in the States west of the Mississippi River, reported back the same, with the recommendation that it do pass with an amendment.
The question being on postponing the bill,
It was decided in the negative.
The amendment of the committee was read and agreed to as follows, viz:
Insert, in the twentieth line, after the word "River," the following: "And the Postmaster-General is hereby authorized to order the transfer from the offices of
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assistant treasurers west of said river, with whom funds belonging to the Post-Office Department may be deposited, to such postmasters as he may designate, and the funds so transferred shall be subject to the draft of said Assistant Postmaster-General, for the payment of the liabilities of the Department."
The bill was then read a third time and passed.
Mr. Chilton 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.
Mr. Barksdale offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to inform this House what steps have been taken to carry out the provisions of the act of Congress of the thirteenth October, eighteen hundred and sixty-two, chapter sixty-two, in relation to the arrest and disposition of slaves who have been recaptured from the enemy, what number of depots for their safe-keeping have been established, and whether public notice has been given in the newspapers of their arrest, as provided in said act.
Mr. Foote moved to suspend the rules, to enable him to offer the following resolution:
Resolved, That the bill to continue in service all troops now in the military service of the Confederate States be hereafter considered in open session.
Upon which Mr. Foote demanded the yeas and nays; which were not ordered, and the motion was lost.
Mr. Lyons, from the special committee to investigate charges of corruption against a member of this House, submitted the following report:
The committee appointed to investigate the charge of corruption, made in the Richmond Examiner of the 7th day of January, 1864, have, according to order, performed that duty, and now respectfully report that they have carefully examined every witness and source of information indicated to them, or which suggested itself and was within their control, and have found nothing to sustain the charge. Members of Congress are frequently called upon to vouch for the personal responsibility of their constituents and acquaintances who are unknown to the passport office, and they can not, with propriety, decline. It would be unkind, as well as discourteous, to do so, and when truthfully and honestly performed the act imports no wrong. It is due to the editor of the Examiner, Mr. Daniel, to state that when called upon for the author of the article in his paper that he promptly gave the name of one of his local reporters, and declared that when he saw the article in type he forbade its publication, because he knew nothing of the truth of it, and it was subsequently published inadvertently. The committee ask to be discharged from the further consideration of the charge.
The recommendation of the committee was agreed to, and the report was laid on the table and ordered to be printed.
Mr. Foote offered the following resolution:
Resolved, That in the judgment of this House it is eminently desirable, in order to secure the comfortable subsistence of our valiant armies and to allay discontents known to exist in certain rural districts, that the present Commissary-General should be removed and a suitable successor appointed in his place.
Mr. Foote called the question; which was not ordered.
Mr. Kenan of Georgia moved to lay the resolution on the table.
Upon which motion Mr. Foote demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Chilton, Chrisman, Clapp, Clark, Clopton, Conrow, Crockett, Curry, Dargan, Davidson, De Jarnette, Dupré, Farrow, Funsten,
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Garland, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Ingram, Johnston, Jones, Kenan of Georgia, Lewis, Lyon, Lyons, Martin, McDowell, McQueen, McRae, Miller, Munnerlyn, Pugh, Ralls, Russell, Swan, Tibbs, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Ashe, Boyce, Chambliss, Conrad, Ewing, Foote, Foster, Gaither, Goode, Holder, Lander, Machen, McLean, Miles, Simpson, Smith of Alabama, Smith of North Carolina, Vest, and Villeré.
So the motion to lay on the table prevailed.
Mr. Baldwin offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Post-Offices and Post-Roads inquire into the expediency of providing by law for settling on equitable terms the accounts of mail contractors in cases where, though prepared to perform their contracts, they have been prevented from doing so by incursions of the public enemy.
Mr. Chilton offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Claims inquire whether provision should not be made by law for auditing and paying accounts against the Government for horses impressed and actually received into the service of the Confederate States, but which have been rejected by the Pay Department on account of some informality in the appointment of impressing officers, or in the certificates of the officers making such impressments, and that they report by bill or otherwise.
Mr. Curry introduced
A bill to preserve the efficiency and extend the usefulness of old fire companies;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Lyon presented the memorial of R. R. Pickering, of Marengo County, Ala., praying compensation for a slave lost in the public service; which was referred to the Committee on Claims.
Mr. Atkins offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of authorizing by law military courts for the Department of West Tennessee and North Mississippi.
Mr. Gartrell, from the Committee on the Judiciary, to which had been recommitted the Senate bill to change the time for the assembling of Congress for its next regular session, with an amendment which had been adopted by the House, reported back the same, with the recommendation that the House recede from its amendment, and that the bill do pass as it came from the Senate.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Atkins moved to amend the bill by striking out the word "May" and inserting the words "nineteenth February."
Mr. Hilton moved to postpone the consideration of the bill to the 15th next month, and called the question; which was ordered, and the motion to postpone was lost.
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 22d instant the President approved and signed the following joint resolution and acts:
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Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., January 25, 1864.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed, with an amendment, a bill of this House (H. R. 79) entitled "An act to prohibit dealing in the paper currency of the enemy;" in which I am directed to ask the concurrence of this House.
The House then, on motion of Mr. Jones, resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Hilton moved that the House take a recess until half past 7 o'clock.
Mr. Menees moved to amend the motion by striking out "half past."
Mr. Preston moved that the House adjourn; which motion was lost.
Mr. Garnett moved a call of the House.
The motion was lost.
Mr. Gartrell moved that the House adjourn.
Upon which motion Mr. Atkins demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Baldwin, Barksdale, Boteler, Chambers, Clopton, Curry, Davidson, De Jarnette, Dupré, Elliott, Farrow, Foote, Funsten, Gaither, Garnett, Gartrell, Graham, Gray, Hartridge, Kenan of Georgia, Lyon, Lyons, McQueen, McRae, Miller, Preston, Sexton, Simpson, Staples, and Wright of Texas.
Nays: Atkins, Boyce, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clapp, Clark, Conrad, Conrow, Crockett, Dargan, Ewing, Foster, Gardenhire, Garland, Hilton, Holcombe, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Machen, Martin, McDowell, McLean, Menees, Miles, Munnerlyn, Perkins, Pugh, Ralls, Russell, Singleton, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, Villeré, Welsh, and Wilcox.
So the motion to adjourn was lost.
The amendment of Mr. Menees to the motion of Mr. Hilton was lost.
The Chair announced the appointment of the special committee on the petition of the clerks for increase of pay, etc., as follows, viz:
Messrs. Lyons of Virginia, Heiskell of Tennessee, McRae of Mississippi, Simpson of South Carolina, and Ewing of Kentucky.
The motion of Mr. Hilton was then agreed to, and
The House took a recess until half past 7 o'clock.
Having reassembled,
The Chair laid before the House a communication from the President; which was read as follows, viz:
Richmond, Va., January 25, 1864.
To the House of Representatives:
In response to your resolution of the 11th ultimo, I herewith transmit a communication from the Secretary of War, showing, as far as the records of the Department
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enable him to do, the number of men liable to conscription who have been removed from the Commissary and Quartermaster's Departments to give place to disabled soldiers, as directed by law.
JEFFERSON DAVIS.
The communication and accompanying documents were laid upon the table and ordered to be printed.
The Chair also laid before the House a bill of this House (H. R. 79) to prohibit dealing in the paper currency of the enemy; which had been returned from the Senate with an amendment.
Mr. Jones moved to suspend the rule requiring the bill and amendment to be referred to a committee.
The motion was agreed to.
Mr. Chambers moved to amend the amendment of the Senate; which was read as follows, viz: "After the word 'person,' in line 4, section 1, insert the words 'except within the lines of the enemy,'" by adding the following: "or in districts of country virtually in the control of the enemy."
Mr. Hilton called the question; which was ordered, and the amendment of Mr. Chambers was lost.
The amendment of the Senate was agreed to.
The House then, on motion of Mr. Jones, resolved itself into secret session; and having spent some time therein again resolved itself into open session, and
On motion of Mr. Hilton,
Adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, resumed the consideration of unfinished business; which was the bill to continue in service all troops now in the military service of the Confederate States.
The question being on the amendment of Mr. Foote, which had been modified so as to read as follows, viz:
Provided, That regiments, battalions, and companies shall be allowed to elect their respective officers entitled to be commissioned within ten days after notification of the passage of this law; and it shall be the duty of the Secretary of War to give such notification as early as practicable,
Mr. Johnston called the question; which was ordered.
Upon which Mr. Ewing demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Bell, Bridgers, Horatio W. Bruce, Chilton, Clark, Davidson, Ewing, Farrow, Foote, Foster, Gaither, Gartrell, Hanly, Holder, Ingram, Jones, Machen, McDowell, McLean, Menees, Ralls, Simpson, Smith of North Carolina, Strickland, Trippe, and Welsh.
Nays: Boteler, Boyce, Chambers, Chambliss, Chrisman, Clapp, Clopton, Conrad, Conrow, Crockett, Curry, Dargan, De Jarnette, Dupré, Elliott, Freeman, Funsten, Gardenhire, Garland, Garnett, Gray, Hartridge, Heiskell, Hilton, Holcombe, Johnston, Kenan of Georgia, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Martin, McQueen, McRae, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Russell, Sexton, Singleton, Smith of Alabama, Staples, Swan, Tibbs, Villeré, Wilcox, and Wright of Texas.
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So the amendment was lost.
Mr. Miles submitted the following amendment:
Add at end of section 1 the following: "Provided, That State troops, which have been temporarily called out and placed under the authority of the Confederate Government, shall be excepted from the operation of this act."
Mr. Chilton submitted the following amendment to the amendment of Mr. Miles (in the nature of a substitute therefor):
Provided, That troops organized for local defense and for a limited period shall not be retained in the Confederate service beyond the period for which they were organized, but, at the expiration of the period for which they were organized, if not previously disbanded, they shall be disbanded, and all such as are between the ages of eighteen and forty-five years shall be placed in the permanent service in the Provisional Army.
Mr. Heiskell called the question; which was ordered, and the amendment of Mr. Chilton was lost.
Mr. Farrow submitted the following amendment to the amendment of Mr. Miles:
Add at the end the words "except those who may be over the age of forty-five years, and who are now in the Confederate service temporarily for local defense under State organizations."
The amendment of Mr. Farrow was lost.
Mr. Heiskell called the question; which was ordered, and the amendment of Mr. Miles was agreed to.
Mr. Atkins moved to reconsider the vote just taken, by which the amendment of Mr. Miles was agreed to.
The motion to reconsider was lost.
Mr. Miles submitted the following as an additional amendment to the first section, to come in at the end of his first amendment:
Provided further, The troops raised in any one State shall not be continued in regimental, battalion, or squadron organization with troops raised in any other State.
Mr. H. W. Bruce moved to amend the amendment of Mr. Miles by adding the following:
Provided, That all citizens of Kentucky serving in companies, battalions, and regiments other than from Kentucky shall, on application to the Secretary of War, be transferred to some military organization from Kentucky, such as may be selected by the applicant.
Mr. Conrow moved to amend the amendment of Mr. H. W. Bruce by inserting the word "Missouri" after the word "Kentucky."
Mr. Kenan of Georgia moved to lay the amendment of Mr. Bruce and the amendment of Mr. Conrow on the table.
Upon which motion Mr. H. W. Bruce demanded the yeas and nays; which were not ordered, and the motion to lay on the table prevailed.
Mr. Machen submitted the following amendment; which was agreed to, viz:
Add at the end of section 2 the following: "Provided, That soldiers from one State serving in companies from other States shall be allowed, if they choose, to transfer to organizations from their own State in the same arm of the service."
Mr. Chambliss submitted the following amendment:
In section 3, after the word "service," insert the words "and shall have been in the service for the two years preceding."
Mr. Atkins moved to lay the amendment of Mr. Chambliss on the table; which motion was agreed to.
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Mr. Miller submitted the following amendment to section 3, to come in at the end:
And provided further, That the bonds authorized by this act to be issued to the soldiers shall be secured, for the payment of their principal and interest, by all the securities of taxation and revenue that are now pledged or may hereafter be pledged by any act of Congress for any bonds of the Government; and further, that said bonds shall possess a distinctive character upon their face as to their purpose, either by indorsement or superscription, in such form as the Secretary of War may direct.
Mr. Machen called the question; which was ordered, and the amendment of Mr. Miller was agreed to.
Mr. Garnett moved to reconsider the vote just taken, by which the amendment of Mr. Miller was agreed to.
Pending which,
The House, on motion of Mr. Preston, resolved itself into open session.
Being again in secret session,
Mr. Pugh submitted the following amendment as an independent section:
Mr. Conrad moved to amend the amendment of Mr. Pugh by striking out the words "of any new issue of Treasury notes during the present session of Congress."
Mr. Gardenhire called the question; which was ordered, and the amendment of Mr. Conrad was agreed to.
The amendment of Mr. Pugh, as amended, was also agreed to.
Mr. Garland submitted the following amendment as an independent section:
Mr. Gardenhire called the question; which was ordered.
Upon which Mr. Garland demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Clark, Clopton, Collier, Curry, Dargan, Davidson, Foster, Funsten, Gaither, Garland, Heiskell, Hilton, Holder, Ingram, Jones, Martin, McDowell, McRae, Menees, Miller, Munnerlyn, Sexton, Smith of Alabama, Smith of North Carolina, Swan, and Welsh.
Nays: Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Chrisman, Clapp, Conrad, Conrow, Crockett,
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Dupré, Elliott, Ewing, Foote, Gardenhire, Gartrell, Goode, Gray, Hanly, Hartridge, Holcombe, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McLean, McQueen, Miles, Perkins, Preston, Pugh, Ralls, Russell, Simpson, Singleton, Strickland, Tibbs, Trippe, Villeré, Wilcox, and Wright of Texas.
So the amendment was lost.
Mr. Trippe submitted the following amendment as an independent section:
Mr. Foster called the question; which was ordered, and the amendment of Mr. Trippe was lost.
Mr. Swan moved to lay the motion of Mr. Garnett to reconsider the vote by which the amendment of Mr. Miller was adopted on the table.
The motion to lay on the table was lost.
Mr. Heiskell called the question; which was ordered, and the motion to reconsider prevailed.
Mr. Conrad moved to amend the amendment of Mr. Miller by striking out the words
to be issued to the soldiers, shall be secured to the payment of their principal and interest by all the securities of taxation and revenue that are now pledged, or may hereafter be pledged, by any act of Congress for any bonds of the Government, and further that said bonds.
Mr. Jones moved to lay the amendment of Mr. Miller and the amendment to his amendment on the table.
The motion prevailed.
The bill was then engrossed and read a third time.
Mr. Lewis moved to reconsider the vote by which the bill was ordered to its engrossment.
Mr. Chambliss called the question; which was ordered, and the motion to reconsider prevailed.
Mr. Jones moved to strike out the third section of the bill; which reads as follows, viz:
Mr. Jones called the question; which was ordered.
Upon which Mr. Swan demanded the yeas and nays;
Which were ordered,
Yeas: Boyce, Chrisman, Conrad, Conrow, Curry, Dargan, Dupré, Ewing, Gray, Hartridge, Jones, Kenan of North Carolina, Lewis, Lyon, Machen, Munnerlyn, Perkins, Ralls, Singleton, Tibbs, Trippe, Villeré, Wilcox, and Wright of Texas.
Nays: Arrington, Ashe, Atkins, Baldwin, Barksdale, Boteler,
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Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clark, Clopton, Collier, Davidson, Elliott, Foote, Foster, Funsten, Gaither, Gardenhire, Garland, Gartrell, Goode, Hanly, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston, Lander, Martin, McDowell, McRae, Menees, Miles, Miller, Preston, Pugh, Sexton, Simpson, Strickland, Swan, and Welsh.
So the motion to strike out was lost.
Mr. Atkins submitted the following amendment to the third section:
Add at the end the following: "Provided further, That said bonds shall not be transferable."
Mr. Heiskell called the question.
Mr. Jones demanded the previous question: which was ordered.
The question being on the amendment of Mr. Atkins,
Mr. Atkins demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Horatio W. Bruce, Clark, Conrad, Conrow, Curry, Dargan, Davidson, Foote, Foster, Garland, Gray, Hartridge, Heiskell, Holcombe, Kenan of North Carolina, Lewis, Munnerlyn, Ralls, Sexton, Simpson, and Welsh.
Nays: Arrington, Ashe, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clopton, Collier, Crockett, Dupré, Elliott, Ewing, Funsten, Gaither, Gardenhire, Gartrell, Goode, Hanly, Hilton, Holder, Ingram, Johnston, Jones, Lander, Lyon, Machen, Martin, McDowell, McRae, Menees, Miles, Miller, Preston, Pugh, Singleton, Strickland, Swan, Tibbs, Trippe, Villeré, Wilcox, and Wright of Texas.
So the amendment was lost.
The bill was then engrossed and read a third time.
Mr. Foote moved to recommit the bill to the Committee on Military Affairs.
Mr. Barksdale called the question.
Mr. Jones demanded the previous question; which was ordered.
The motion to recommit was lost, and the bill was passed.
Mr. Miles moved to amend the title of the bill by striking out the word "service" and inserting the words "Provisional Army," so that it will read:
A bill to be entitled "An act to continue in service for the war all troops now in the Provisional Army of the Confederate States."
The amendment was agreed to.
Mr. Miles moved to reconsider the vote by which the bill was passed, and called the question; which was ordered.
The motion to reconsider was lost.
The House then,
On motion of Mr. Hartridge,
Resolved itself into open session.
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