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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-THIRD DAY--WEDNESDAY, January 27, 1864.


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]
FORTY-THIRD DAY--WEDNESDAY, January 27, 1864.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Mr. Hume.

Mr. Dargan presented a communication from the clerks in the post-office at Mobile, Ala., asking increased compensation; which was referred to the Committee on Post-Offices and Post-Roads.

Mr. Dargan offered the following resolution; which was adopted, viz:

Resolved, That the Committee on Post-Offices and Post-Roads be instructed to inquire into the expediency of increasing the pay of the clerks of the post-office at Mobile, and also the pay of the postmaster, and that they report by bill or otherwise.

Mr. Ingram introduced

A bill to continue in the Confederate States service during the war certain companies therein specified;
which was read a first and second time and referred to the Committee on Military Affairs.


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Mr. Jones moved that the rule requiring the call of the States for resolutions, memorials, etc., be suspended for the purpose of calling the committees.

The motion was lost.

Mr. Holder introduced

A bill to repeal the laws allowing commutation for forage, fuel, room rent, etc., not actually used or needed by officers of the Army, and for other purposes;
which was read a first and second time and referred to the Committee on Military Affairs.

Mr. Vest introduced

A bill to declare certain persons citizens of the Confederate States; which was read a first and second time and referred to the Committee on Military Affairs.

Mr. Hanly introduced

A bill to provide for holding elections for Representatives in the Congress of the Confederate States of America from the State of Arkansas;
which was read a first and second time and referred to the Committee on Elections.

Mr. Goode introduced

A bill to amend the acts to regulate impressments;
which was read a first and second time and referred to the Committee on the Judiciary.

Mr. Simpson presented the memorial of the officers and men of the Fifth Regiment South Carolina State Troops, asking the privilege of organizing a battalion or regiment, to be composed of the men now in service in regiments of State troops; which was referred to the Committee on Military Affairs.

Mr. Boudinot introduced

A bill for the relief of William P. Adair (accompanied by a memorial);
which was read a first and second time and referred to the Committee on Claims.

Mr. Gartrell, from the Committee on the Judiciary, to which had been referred a bill of the Senate (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, reported the same back, with the recommendation that it do pass.

The question being on postponing the bill,

It was decided in the negative.

The bill was then read a third time and passed.

Mr. Gartrell, from the same committee, to which had also been referred a joint resolution of the Senate (S. 23) in relation to salaries of the judges of the district courts of the Confederate States for the State of Virginia, reported back the same, with the recommendation that it do pass.

The question being on postponing the same,

It was decided in the negative.

Mr. Dargan called the previous question; which was seconded, and the joint resolution was read a third time.

The question recurring on its passage,

Mr. Heiskell demanded the yeas and nays.


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Mr. Ewing moved to recommit the joint resolution to the committee, with instructions to report a bill increasing the salaries of the judges for a limited period.

Mr. Baldwin moved to amend the motion of Mr. Ewing by adding to the instructions the following: And that said committee inquire and report whether all of the district judges have been nominated to the Senate and confirmed according to the requirements of the Constitution.

The Chair ruled the amendment of Mr. Baldwin out of order.

Mr. Baldwin appealed from the decision of the Chair.

Mr. Hilton moved to lay the appeal upon the table; which motion was agreed to.

The question recurring on agreeing to the motion of Mr. Ewing to recommit,

Mr. Gardenhire called the question; which was ordered, and the motion was lost.

The question recurring on the passage of the joint resolution,

Mr. Gardenhire called the question; which was ordered.

And the yeas and nays demanded by Mr. Heiskell were ordered,

Yeas: Boteler, Boyce, Horatio W. Bruce, Chambliss, Clopton, Collier, Conrad, Curry, Dargan, De Jarnette, Dupré, Foote, Funsten, Gardenhire, Garland, Gartrell, Goode, Graham, Hartridge, Hilton, Holcombe, Ingram, Kenan of Georgia, Lewis, Lyon, Lyons, McRae, Perkins, Pugh, Russell, Sexton, Staples, Vest, and Villeré.

Nays: Baldwin, Bridgers, Chilton, Clapp, Clark, Crockett, Davidson, Ewing, Gaither, Hanly, Heiskell, Holder, Johnston, Jones, Kenan of North Carolina, Lander, Machen, Martin, McDowell, McLean, McQueen, Miles, Munnerlyn, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Tibbs, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.

So the joint resolution was passed.

Mr. Chambers introduced

A bill to authorize the President to establish additional military courts;
which was read a first and second time and referred to the Committee on Military Affairs.

Mr. Miles introduced

A bill to punish theft, marauding, pillage, and robbery, when committed by persons belonging to the armies of the Confederate States; which was read a first and second time and referred to the Committee on Military Affairs.

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.

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 and joint resolution of the following titles, viz:

In which I am directed to ask the concurrence of this House.

The Senate have agreed to the amendment of this House to the bill (S. 159) to authorize the appointment of an agent of the Post-Office Department, and such


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clerks as may be necessary, to carry on the postal service in the States west of the Mississippi River, with amendments;

In which I am directed to ask the concurrence of this House.

Also another; which is as follows, viz:

Mr. Speaker: The Senate have passed a bill entitled

In which I am directed to ask the concurrence of this House.

Mr. Jones moved to suspend the rules, to enable him to offer a resolution limiting debate hereafter to five minutes.

Mr. Baldwin moved that the House adjourn.

Mr. McLean demanded the yeas and nays; which were not ordered.

The motion to adjourn was lost.

Mr. Gray moved to reconsider the vote by which the bill of the Senate to change the time of the assembling of Congress for its next regular session was passed.

Mr. Hilton moved that the House take a recess until half past 7 o'clock.

The motion was agreed to.

The House having reassembled, the question recurred on the motion of Mr. Jones to suspend the rules, to enable him to offer a resolution.

Upon which Mr. Jones demanded the yeas and nays;

Which were ordered,

Yeas: Atkins, Bridgers, Chilton, Chrisman, Clapp, Clark, Clopton, Conrow, Crockett, Dargan, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Gardenhire, Hilton, Holcombe, Ingram, Jones, Kenan of North Carolina, Lyon, Machen, McQueen, McRae, Menees, Miles, Miller, Munnerlyn, Pugh, Ralls, Singleton, Smith of North Carolina, Strickland, Trippe, Vest, Villeré, Welsh, and Wright of Texas.

Nays: Baldwin, Horatio W. Bruce, Chambers, Curry, Dupré, Garland, Hanly, Hartridge, Johnston, Lewis, Lyons, Perkins, Russell, and Simpson.

Two-thirds having voted in the affirmative, the rules were suspended.

Mr. Jones offered the following resolution:

Resolved, That during the remainder of the session no member shall speak more than once nor more than ten minutes on any proposition.

Mr. Jones called the question; which was ordered, and the resolution was adopted.

Mr. Garland moved to reconsider the vote by which the resolution was adopted.

Mr. Jones called the question; which was ordered, and the motion to reconsider was lost.

Mr. Lyons moved to suspend the rules, to enable the special committee on the pay of clerks to make a report.

Mr. Baldwin rose to a point of order, viz:

That the House not having divided on the vote by which the resolution of Mr. Jones was adopted, it could not be ascertained that two-thirds had voted in the affirmative, as required by the rules of the House.

The Chair overruled the point of order and decided that, no demand for a division having been made at the time, his decision that the resolution was adopted was conclusive.


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Mr. Baldwin appealed from the decision of the Chair.

Mr. Wright of Texas moved that the appeal be laid upon the table; which motion prevailed.

Mr. Lyons, from the special committee on the pay of clerks, etc., reported back a Senate bill (S. 172) to increase the compensation of certain civil officers and employees in the President's office and in the Executive Departments at Richmond for a limited period, 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:

In line 4, after the word "Executive," insert the words "and legislative."

Mr. Crockett moved to amend by striking out the words "first of July," in the eighth line, and inserting in lieu thereof the words "fifteenth of May."

Mr. Foster called the question; which was ordered, and the amendment of Mr. Crockett was agreed to.

The bill was then read a third time.

And the question being on its passage,

Mr. Jones called the question; which was ordered.

Upon which Mr. Hilton demanded the yeas and nays;

Which were ordered,

Yeas: Arrington, Atkins, Baldwin, Boteler, Bridgers, Chambers, Chambliss, Chilton, Clark, Conrow, Crockett, Curry, Dargan, Dupré, Elliott, Ewing, Farrow, Foote, Funsten, Gardenhire, Garland, Goode, Graham, Hanly, Hartridge, Holcombe, Ingram, Lander, Lewis, Lyon, Lyons, McDowell, McQueen, McRae, Menees, Miles, Munnerlyn, Ralls, Sexton, Simpson, Singleton, Smith of Alabama, Staples, Strickland, Tibbs, Trippe, Villeré, and Wilcox.

Nays: Clopton, Collier, Foster, Gaither, Heiskell, Hilton, Johnston, Jones, Kenan of North Carolina, Machen, McLean, Miller, Pugh, Smith of North Carolina, Vest, Welsh, and Wright of Texas.

So the bill was passed.

Mr. Clark moved to reconsider the vote by which the bill was passed.

Mr. Hilton called the question; which was ordered, and the motion to reconsider prevailed.

Mr. Funsten moved that the bill and amendments be recommitted to the special committee.

Mr. Hilton called the question; which was ordered, and the motion to recommit was lost.

Mr. Lyons moved to reconsider the vote by which the bill was ordered to a third reading, and called the question; which was ordered, and the motion to reconsider prevailed.

Mr. Crockett moved to amend by striking out the words "first of January," in line 7, and inserting in lieu thereof the words "from the passage of this act."

The amendment was agreed to.

Mr. Lyons moved to amend by inserting, in the eighteenth line, after the word "employee," the words "in any Executive Department."

The amendment was agreed to.


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Mr. Crockett moved to amend by inserting before the word "one," in line 8, the words "at the rate of," and after the words "per cent" the words "per annum."

The amendment was agreed to.

Mr. Johnston moved to amend by inserting, in the fifteenth line, before the word "fifty," the words "at the rate of," and after the words "per cent" the words "per annum."

The amendment was agreed to.

Mr. Machen submitted the following amendment, to come in at the end of the bill:
Provided, That no clerk, who by virtue of a military commission receives rations or commutation of rations, shall be entitled to the provisions of this act.

The amendment was agreed to.

The question being on ordering the bill to a third reading,

Mr. Foote called the question; which was ordered, and the bill was read a third time and passed.

Mr. Lyons moved to amend the title by inserting after the word "Executive" the words "and legislative."

The amendment was agreed to.

Mr. Lyons moved that the rules be suspended to enable him to offer a resolution.

The motion was lost.

Mr. Dupré moved that the House adjourn.

The motion was lost.

Mr. Baldwin, by unanimous consent, presented the memorial of sundry farmers of Augusta County, Va., praying the passage of a law exempting those farmers who have been, during the year 1863, in good faith engaged in raising provisions more than sufficient for their own use; which was referred to the Committee on Military Affairs.

Also, a memorial from delegates in the Eleventh district of Virginia in regard to taxes; which was referred to the Committee on Ways and Means.

The Chair laid before the House a Senate bill (S. 174) to authorize the issue of certain bonds for payment to the Alabama and Florida Railroad Company, of the State of Florida; which was read a first and second time and referred to the Committee on Military Affairs.

Also, 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; which had passed this House with amendments and been returned from the Senate with amendments.

The amendments of the Senate were read and concurred in as follows, viz:

The Chair also laid before the House a Senate bill (S. 201) to increase the compensation of the Commissioner of Patents; which was read a first and second time and referred to the Committee on Patents.

Also, a Senate joint resolution (S. 25) of thanks to the Tennessee troops who have reenlisted for the war.

Mr. Miles moved that the rule be suspended requiring the joint resolution to be referred to a committee.


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The motion prevailed, and the joint resolution was read a third time and passed unanimously.

The House then,

On motion of Mr. Foote,

Adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

Mr. Jones, from the Committee on Ways and Means, to which had been referred a Senate bill (S. 169) to repeal an act entitled "An act supplementary to an act to provide for the funding and further issue of Treasury notes," approved 30th April, 1863, reported back the same, with the recommendation that it do pass.

The question being on postponing the bill and placing it on the Calendar,

It was decided in the negative, and the bill was read a third time and passed.

Mr. Jones moved to reconsider the vote by which the bill was passed; which motion was lost.

The House then resumed the consideration of the unfinished business of yesterday; which was the joint resolution in reference to the exchange of prisoners.

Mr. Perkins submitted the following amendment (in the nature of a substitute):

Resolved, That while Congress sympathizes deeply in the sufferings of our soldiers confined in Northern prisons, and will cooperate cordially with the Executive in every way, either by the appropriation of money or by any legislation he may suggest for their relief, it approves of his refusal to recognize B. F. Butler as the agent of negotiation for their exchange.

Mr. Conrad submitted the following amendment (in the nature of a substitute):

That Congress, fully sympathizing with and approving the feelings and motives which prompted the President to refuse to consent to any exchange of prisoners conducted on the part of the United States by General Benjamin F. Butler, are nevertheless of opinion, viewing the sufferings of our unfortunate soldiers who are prisoners of war, that it is expedient to resume the exchange of prisoners agreeably to the cartel heretofore agreed on, without regard to the character of the agent who may be selected for that purpose by the United States, and leaving to them the odium and disgrace of appointing a person unworthy of the trust.

Mr. Baldwin moved that the joint resolution and amendments be indefinitely postponed.

Mr. Jones demanded the previous question.

The demand was not sustained.

The question being on the motion of Mr. Baldwin,

Mr. Baldwin demanded the yeas and nays;

Which were ordered,

Yeas: Baldwin, Clark, Conrow, Crockett, Dupré, Elliott, Gardenhire, Gartrell, Gray, Heiskell, Holcombe, Lewis, McQueen, Miles, Perkins, Russell, Simpson, and Vest.

Nays: Ashe, Atkins, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clopton, Collier, Conrad, Curry, Davidson, De Jarnette, Ewing, Farrow, Funsten,


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Gaither, Garland, Garnett, Goode, Hanly, Hartridge, Hilton, Holder, Ingram, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Lyons, Machen, Martin, McLean, McRae, Munnerlyn, Preston, Pugh, Ralls, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Tibbs, Trippe, Villeré, Welsh, Wilcox, and Wright of Texas.

So the motion to postpone indefinitely was lost.

Mr. Barksdale moved that the joint resolution and amendments be postponed until Wednesday next, 1 o'clock.

Mr. Wright of Texas called the question; which was ordered.

Upon which Mr. Ralls demanded the yeas and nays;

Which were ordered,

Yeas: Ashe, Baldwin, Barksdale, Horatio W. Bruce, Chrisman, Clopton, Crockett, Dupré, Elliott, Farrow, Gardenhire, Gartrell, Hanly, Hartridge, Heiskell, Hilton, Holder, Kenan of Georgia, Kenan of North Carolina, Lander, Lewis, Machen, McQueen, McRae, Menees, Miles, Munnerlyn, Perkins, Russell, Simpson, Singleton, Strickland, Tibbs, Trippe, and Wright of Texas.

Nays: Atkins, Bell, Boteler, Boyce, Bridgers, Chambers, Chilton, Clapp, Collier, Conrad, Conrow, Curry, Davidson, Ewing, Funsten, Gaither, Garland, Garnett, Goode, Gray, Holcombe, Ingram, Johnston, Jones, Lyon, Lyons, Martin, McLean, Preston, Pugh, Ralls, Sexton, Smith of Alabama, Staples, Vest, Villeré, Welsh, and Wilcox.

So the motion to postpone was lost.

Mr. Lyons moved that the bill and amendments be referred to a select committee.

Mr. Jones moved to lay the whole subject on the table, and thereon demanded the yeas and nays; which were not ordered.

Mr. Hilton called the question; which was ordered.

Upon which Mr. Jones demanded the yeas and nays; which were not ordered, and the motion of Mr. Lyons was agreed to.

Mr. Baldwin, from the Committee on Ways and Means, to which had been referred a bill of the Senate (S. 182) to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense, reported back the same, with the recommendation that the bill do pass with sundry amendments.

Pending which,

The House,

On motion of Mr. Baldwin,

Resolved itself into open session.

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