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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-FOURTH DAY--THURSDAY, January 28, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Ryland.
Mr. Garland, from the Committee on the Judiciary, to which had been referred
A bill to amend an act approved April 19, 1862, entitled "An act to prohibit the transportation and sale of certain articles in any port or
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place within the Confederate States in possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named, to alien or domestic enemies,"
reported back the same, with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Garland, from the same committee, reported a bill of the same title, with the recommendation that it do pass; which was read a first and second time.
The question being on postponing the bill,
It was decided in the negative.
The bill was then engrossed, read a third time, and passed.
Mr. Dargan, from the same committee, reported
A bill to amend an act to organize the 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.
The question being on postponing the same and placing it on the Calendar,
It was decided in the negative.
The bill was then engrossed, read a third time, and passed.
Mr. Gartrell, from the same committee, to which had been referred
A resolution relative to the exchange of prisoners of the African race,
reported back the same, with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Foster moved to reconsider the vote by which the bill to amend the 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," was passed, and called the question; which was ordered, and the motion to reconsider was lost.
Mr. Gray, from the Committee on the Judiciary, to which had been referred a bill to be entitled "An act supplemental to the several acts relating to military courts," and 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," approved October 9, 1862, reported back the same, with the recommendation that the committee be discharged from their further consideration, and that they do lie upon the table; which was agreed to.
Mr. Gray, from the same committee, reported
A bill to be entitled "An act supplemental to the several acts relating to military courts,"
with the recommendation that it do pass.
The bill was read a first and second time.
And the question being on postponing the same and placing it on the Calendar,
It was decided in the negative.
Mr. Dupré moved to reconsider the vote by which the House refused to postpone the bill and place it on the Calendar.
The motion to reconsider was lost.
Mr. Baldwin moved that the bill be laid upon the table and printed; which motion was agreed to.
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Mr. Miles, from the Committee on Military Affairs, to which had been referred
A joint resolution of thanks to General Beauregard and the officers and men of his command for their defense of Charleston, S. C.,
reported back the same, with the recommendation that it do pass.
The question being on postponing the same,
It was decided in the negative.
The joint resolution was then engrossed, read a third time, and passed unanimously.
Mr. Dargan, from the Committee on the Judiciary, submitted the following report:
The Committee on the Judiciary, to whom was referred a resolution requiring them to inquire into the expediency of repealing so much of the act to establish the judicial courts of the Confederate States, approved 16th March, 1861, as authorizes the judge of each district to appoint the times and places of holding said courts in his district, have had the same under consideration and have instructed me to report that at present it is inexpedient to change the same.
The committee was discharged from the further consideration of the resolution, and the report was laid upon the table and ordered to be printed.
Mr. Chilton, from the Committee on Post-Offices and Post-Roads, to which had been referred
A bill to authorize free white male citizens of the Confederate States, fourteen years of age and upwards, to carry the mails,
reported back the same, with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Chilton, from the same committee, reported
A bill to establish certain post routes therein named;
which was read a first and second time and laid upon the table.
Mr. Hilton, from the Committee on Military Affairs, to which had been referred
A bill to be entitled "An act amendatory of the act entitled 'An act to put an end to the exemption from military service of those who have heretofore furnished substitutes,'"
reported the same back, with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Hilton, from the same committee, reported a bill of the same title, with the recommendation that it do pass.
The bill was read a first and second time.
And the question being on postponing the bill,
It was decided in the negative.
On motion, the bill was ordered to be printed.
The House then, on motion of Mr. Clapp, 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 bills of this House of the following titles, viz:
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The Senate have rejected bills of this House of the following titles, viz:
On motion of Mr. Conrow, leave of absence was granted his colleague, Mr. Freeman.
Mr. Foote moved that the House adjourn.
Upon which Mr. Ralls demanded the yeas and nays; which were not ordered.
The motion to adjourn was lost.
Mr. Hilton moved that the House take a recess until half past 7 o'clock.
Mr. Lyons moved to amend the motion by striking out the words "half past."
Mr. Arrington moved to amend by striking out "half past 7" and inserting "10 o'clock to-morrow;" which latter motion was lost.
Mr. McRae moved that the House adjourn.
The motion was lost.
The motion of Mr. Lyons was lost.
Mr. Boteler moved that the House adjourn.
Upon which Mr. Jones demanded the yeas and nays; which were not ordered, and the motion to adjourn was lost.
The motion of Mr. Hilton prevailed, and
The House took a recess until half past 7 o'clock;
And having reassembled,
The Chair laid before the House a communication from the President; which is as follows, viz:
Richmond, Va., January 26, 1864.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering a copy of an additional report of military operations during the last year.
JEFFERSON DAVIS.
The communication and accompanying documents were laid upon the table and ordered to be printed.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled a joint resolution and bills of the following titles:
And the Speaker signed the same.
Mr. Gardenhire, from the Committee on Enrolled Bills, reported as correctly enrolled a bill of the following title:
And the Speaker signed the same.
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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. Atkins,
Adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
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 of the following title, viz:
In which amendment I am directed to ask the concurrence of this House.
The Senate have concurred in the amendment of this House to the bill (S. 183) to prohibit the importation of luxuries, or of articles not necessaries or of common use.
The House then resumed the consideration of the unfinished business of yesterday; which was the bill to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Ralls called the question; which was ordered.
The question being on the amendment of the committee, which is as follows, viz:
Add as section 2 the following, viz:
Mr. Jones demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baldwin, Bell, Bridgers, Curry, Davidson, Dupré, Farrow, Gaither, Gardenhire, Garland, Garnett, Gartrell, Johnston, Jones, Kenan of North Carolina, Lyons, Machen, Martin, Miles, Russell, Simpson, Smith of North Carolina, Strickland, and Tibbs.
Nays: Ashe, Atkins, Barksdale, Boteler, Horatio W. Bruce, Chambers, Chilton, Clapp, Clark, Clopton, Collier, Conrow, Dargan, Ewing, Foster, Funsten, Graham, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Lander, Lewis, Lyon, McDowell, McRae, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Sexton, Singleton, Smith of Alabama, Swan, Villeré, Welsh, and Wilcox.
So the amendment was lost.
Mr. Hartridge moved to reconsider the vote just taken.
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Mr. Foster called the question; which was ordered.
Upon which Mr. Miles demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Baldwin, Bell, Boyce, Bridgers, Curry, Dargan, Davidson, Dupré, Farrow, Gaither, Gardenhire, Garland, Garnett, Goode, Hartridge, Ingram, Johnston, Jones, Lyon, Machen, Martin, McDowell, Menees, Miles, Simpson, and Tibbs.
Nays: Arrington, Barksdale, Boteler, Chambliss, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Conrow, Ewing, Foster, Graham, Gray, Heiskell, Hilton, Holcombe, Kenan of North Carolina, Lander, Lewis, Lyons, McQueen, McRae, Miller, Munnerlyn, Perkins, Pugh, Ralls, Sexton, Singleton, Smith of Alabama, Staples, Swan, Villeré, Welsh, and Wilcox.
So the motion to reconsider was lost.
Mr. Conrad submitted the following amendment:
In section 1, line 5, after the word "except," insert the words "on such conditions and."
Mr. Machen called the previous question; which was seconded.
The amendment of Mr. Conrad was lost.
The bill was read a third time.
And the question recurring on its passage,
Mr. Baldwin demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Barksdale, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Conrow, Crockett, Dargan, Davidson, De Jarnette, Ewing, Farrow, Foster, Funsten, Gaither, Gardenhire, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McDowell, McQueen, McRae, Menees, Munnerlyn, Perkins, Pugh, Ralls, Russell, Sexton, Singleton, Smith of Alabama, Staples, Strickland, Swan, Tibbs, Trippe, Villeré, Welsh, Wilcox, and Wright of Texas.
Nays: Baldwin, Boyce, Curry, Dupré, Foote, Garland, Garnett, Ingram, Jones, Martin, and Miles.
So the bill was passed.
Mr. Sexton stated that his colleague, Mr. Graham, had he been present, would have voted for the bill.
Mr. Jones moved to strike out the preamble of the bill; which is as follows, viz:
Whereas the Confederate States are engaged in a war, upon the successful issue of which depend the integrity of their social system, the form of their civilization, the security of life and property within their limits, as well as their existence as sovereign and independent States; and
Whereas the condition of the contest demands that they should call into requisition whatever resources of men and money they have for the support of their cause: Therefore, as a part of the system of the public defense.
The motion was lost.
Mr. Conrad moved to amend the preamble by striking out the words "men and money."
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The amendment was lost, and the preamble was agreed to.
The title was also agreed to.
Mr. Hilton moved to reconsider the vote by which the bill was passed.
The motion was lost.
The Speaker announced the appointment of the select committee on the joint resolution in reference to the exchange of prisoners as follows, viz:
Messrs. Curry of Alabama, Lyons of Virginia, Perkins of Louisiana, Garland of Arkansas, and Machen of Kentucky.
Mr. Gartrell offered the following resolution; which was adopted, viz:
Resolved, That the Senate be requested to direct its Secretary to furnish this House a copy of an engrossed Senate resolution (the original having been lost) explanatory of a joint resolution on the subject of retaliation, approved May first, eighteen hundred and sixty-three.
And the House, on motion of Mr. Hilton, resolved itself into open session.
The House having taken a recess until half past 7 o'clock, and having reassembled at that hour, and being again in secret session,
Mr. Miles moved that the consideration of the first special order, which was the bill 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, be postponed.
The motion was agreed to.
Mr. Miles moved that the consideration of the next special order, which was the bill to amend the act for the assessment and collection of taxes, approved May 1, 1863, be also postponed.
The motion was agreed to.
The House then took up for consideration the next special order; which was the bill of the Senate (S. 158) to organize forces to serve during the war.
Mr. Chilton moved to amend the first section of the bill by striking out the word "fifty-five" and inserting in lieu thereof the word "forty-five."
Mr. Dupré moved to amend the amendment of Mr. Chilton by striking out the word "forty-five" and inserting in lieu thereof the word "fifty."
Mr. Foote called the question; which was ordered, and the amendment of Mr. Dupré was lost.
Mr. Pugh moved that the bill and amendments be referred to the Committee on Military Affairs.
Mr. Foster called the question; which was ordered, and the motion to refer prevailed.
Mr. Chilton moved to reconsider the vote by which the bill and amendments were referred.
Mr. Foster called the question; which was ordered, and the motion to reconsider prevailed.
The question recurring on the motion of Mr. Pugh to refer the bill,
It was decided in the negative.
The question recurring on the amendment of Mr. Chilton,
Mr. Jones called the question; which was ordered.
Mr. Barksdale moved that the House resolve itself into open session.
The motion was lost.
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Mr. Chilton demanded the yeas [and nays] on his amendment;
Which were ordered,
Yeas: Arrington, Ashe, Baldwin, Barksdale, Bridgers, Chambers, Chilton, Clapp, Clark, Clopton, Conrow, Curry, Dargan, Davidson, Dupré, Ewing, Farrow, Foote, Foster, Gaither, Garland, Gray, Hartridge, Hilton, Holder, Johnston, Jones, Kenan of North Carolina, Lyon, Lyons, Machen, Martin, McDowell, McLean, McQueen, Miles, Miller, Munnerlyn, Ralls, Russell, Sexton, Simpson, Smith of North Carolina, Staples, Strickland, Trippe, Vest, Villeré, Welsh, Wright of Texas, and Mr. Speaker.
Nays: Atkins, Chambliss, Funsten, Gartrell, Goode, Heiskell, Holcombe, Ingram, Lander, Lewis, McRae, Perkins, Pugh, Singleton, Tibbs, and Wilcox.
So the amendment was agreed to.
Mr. Curry moved to reconsider the vote just taken, and called the question; which was ordered.
The motion to reconsider was lost.
Mr. McRae moved to amend the first section of the bill by adding at the end thereof the words "in the field."
Mr. Heiskell called the question; which was ordered.
Mr. Johnston moved that the House resolve itself into open session.
The motion was lost.
The question being on the amendment of Mr. McRae,
Mr. Lyons demanded the yeas and nays; which were ordered.
Mr. Sexton moved that the House resolve itself into open session.
The motion was lost.
Yeas: Atkins, Barksdale, Chambers, Chambliss, Chilton, Clark, Clopton, Conrow, Curry, Dargan, Dupré, Ewing, Foster, Funsten, Gaither, Garland, Gartrell, Goode, Gray, Hartridge, Heiskell, Hilton, Holder, Ingram, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, Martin, McLean, McRae, Miller, Munnerlyn, Perkins, Pugh, Ralls, Sexton, Simpson, Singleton, Strickland, Tibbs, Vest, Villeré, Welsh, and Wilcox.
Nays: Arrington, Ashe, Baldwin, Bridgers, Clapp, Davidson, Farrow, Johnston, Jones, Lyons, McDowell, McQueen, Miles, Smith of Alabama, Smith of North Carolina, Trippe, and Wright of Texas.
So the amendment was agreed to.
Mr. Barksdale moved to amend the first section as amended by adding at the end the words "except such persons as are hereafter named."
Pending which,
The Chair laid before the House a joint resolution [bill] of this House to organize a Treasury note bureau (H. R. 93); which had been returned from the Senate with an amendment.
Mr. Jones moved that the rule be suspended requiring the joint resolution [bill] and amendment to be referred to a committee.
The motion was agreed to.
The amendment of the Senate was read and concurred in as follows, viz:
Strike out, in section 3, line 7, the figures "$ 2,500" and insert the words "twenty-five hundred dollars per annum, payable quarterly."
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And the House,
On motion of Mr. Atkins,
Resolved itself into open session.
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