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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-FIFTH DAY--FRIDAY, January 29, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Ryland.
On motion, leave of absence was granted to Mr. Read.
On motion of Mr. Chambliss, leave of absence was granted his colleague, Mr. Collier (called home by the illness of his father).
On motion of Mr. Ashe, leave of absence was granted his colleague, Mr. McDowell.
Mr. Barksdale offered the following resolutions:
Resolved, That the fundamental principle of our Government is, that it derives its rightful powers from the consent of the governed, and that its legislative department is essentially the agent by which the will of the people is expressed, and is responsible to them for all its acts
Resolved, That the practice of holding secret sessions, by which such responsibility is in a measure destroyed, is an encroachment on this principle, to be tolerated only upon grounds of extreme public necessity.
And be it therefore further resolved, That all measures designed to increase the strength and efficiency of our Army, and to perfect its organization, having no reference whatever to plans of campaigns or military operations in the field, but having a practical connection with the vital interests of the country, should be discussed, matured, and passed in open session, to prevent abuses and to check misgovernment.
Mr. Jones moved to lay the resolutions on the table.
Upon which motion Mr. Barksdale demanded the yeas and nays.
The demand was not sustained, and the motion to lay on the table prevailed.
Mr. Smith of North Carolina presented the memorial of detailed men in the Clothing Bureau, asking increased compensation; which was referred to the Committee on Military Affairs.
Mr. Smith of North Carolina introduced
A bill giving increased compensation to noncommissioned officers and privates in the Army;
which was read a first and second time.
Mr. Smith of North Carolina moved to suspend the rule requiring the bill to be referred to a committee, and demanded the yeas and nays theron;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Chrisman, Clark, Clopton, Davidson, De Jarnette, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Garnett, Gartrell, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Lander, Lyon, Lyons, Machen, McQueen, McRae, Menees, Miles, Munnerlyn, Perkins, Preston, Pugh, Read, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, Swan, Tibbs, Trippe, Wilcox, and Wright of Georgia.
Nays: Boyce, Conrad, Crockett, Dupré, Gardenhire, Garland, Ingram, Johnston, Jones, Lewis, Ralls, Vest, Villeré, Welsh, and Wright of Texas.
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Two-thirds having voted in the affirmative, the rule was suspended.
Mr. Chambliss moved that the bill be referred to the Committee on Military Affairs.
Mr. Hilton called the question; which was ordered, and the motion to refer prevailed.
Mr. Gray moved that his motion to reconsider the vote by which the bill of the Senate (S. 144) changing the time for the assembling of Congress for its next regular session was passed be taken up for consideration, and called the question; which was ordered.
Upon which Mr. Miles demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Atkins, Baldwin, Chambliss, Clark, Conrad, Davidson, Dupré, Farrow, Funsten, Gardenhire, Goode, Gray, Holcombe, Ingram, Jones, Lander, Machen, McRae, Menees, Miles, Ralls, Sexton, Smith of North Carolina, Tibbs, Trippe, Villeré, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clopton, Crockett, Dargan, De Jarnette, Ewing, Foote, Foster, Gaither, Garland, Gartrell, Hanly, Hartridge, Heiskell, Hilton, Holder, Johnston, Kenan of North Carolina, Lewis, Lyon, Lyons, McQueen, Miller, Munnerlyn, Preston, Pugh, Russell, Simpson, Singleton, Staples, Strickland, Swan, Vest, and Wright of Georgia.
So the motion to reconsider was lost.
Mr. Smith of North Carolina offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Medical Department be instructed to inquire into the expediency of increasing the value of the ration now allowed by law for sick and wounded soldiers in the hospitals.
Mr. Ashe presented the memorial of sundry citizens of North Carolina, asking a modification of the exemption law so as to exempt manufacturers of tableware, etc.; which was referred to the Committee on Claims.
Mr. Boyce offered the following resolution:
Resolved, That the President be respectfully requested to inform this House whether any officers of the Regular or Provisional Army, or of the Navy, or in the civil service, appointed during the existence of the Provisional Government and confirmed by the Provisional Congress, are now holding office without having been renominated and confirmed by the Senate under the Permanent Constitution; and if so, the names of said officers.
Mr. Swan moved to lay the resolution on the table.
Mr. Miles demanded the yeas and nays thereon;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clark, Conrad, Crockett, Curry, Dargan, Davidson, Foster, Gardenhire, Garland, Gartrell, Goode, Graham, Gray, Hanly, Hartridge, Hilton, Johnston, Jones, Kenan of North Carolina, Lewis, Lyon, Lyons, Machen, McQueen, McRae, Miller, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Smith of North Carolina, Staples, Strickland, Swan, Tibbs, Trippe, Vest, Welsh, Wilcox, and Wright of Texas.
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Nays: Ashe, Baldwin, Bell, Boteler, Boyce, Bridgers, Chambliss, Clopton, De Jarnette, Dupré, Ewing, Farrow, Foote, Funsten, Gaither, Heiskell, Miles, Simpson, Villeré, and Wright of Georgia.
So the motion to lay on the table prevailed.
Mr. Miles introduced
A bill to provide uniform rates of compensation for mechanics and laborers employed by the various Executive Departments of the Government;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Miles, from the Committee on Military Affairs, reported
A bill to establish a department of inspection and censorship;which was read a first and second time, postponed, placed on the Calendar, and ordered to be printed.
Mr. Heiskell offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to cause this House to be informed whether the report of the operations of the forces under the command of General John S. Williams at Blue Springs, Henderson, and Rheatown, Tennessee, is in the office of the Adjutant-General; and if not, that he have such steps taken as may secure the forwarding of the report.
Mr. Foote offered the following resolution:
Resolved, That the Committee on Military Affairs be instructed to bring in a bill doubling the pay of our soldiers in the field.
Mr. Garland moved to amend the resolution by adding the following:
and to inquire into the expediency of paying the soldiers in the service in gold and silver for the next six months, and report by bill or otherwise.
The amendment was agreed to.
The question recurring on the resolution of Mr. Foote, as amended,
Mr. Foote demanded the yeas and nays; which were not ordered, and the resolution was not agreed to.
Mr. Foote offered the following resolution; which lies over two days under the rule:
Resolved, That all legislative business in this House will be hereafter considered in open session, except such as relates to the movements of our armies and diplomatic concerns, and that no secret session shall hereafter occur except upon a vote of two-thirds of the members present in favor thereof.
Mr. Foote also offered the following resolution:
Resolved, That the communications from the Army herewith presented be referred to the Committee on Military Affairs for their consideration and for such action in regard to the matters therein alluded to as they may judge expedient.
The resolution was disagreed to.
Mr. Baldwin offered the following resolution; which was agreed to, viz:
Resolved, That the President be respectfully requested to communicate to this House all the orders, correspondence, and other papers relating to the trial and conviction of William E. Coffman by a military court under orders from Brigadier-General Imboden, and also relating to a writ of habeas corpus issued from the circuit court of Rockingham County, Virginia, to prevent the execution of said Coffman.
Mr. Singleton presented the memorial of sundry citizens of Mississippi, asking an appropriation of $100, which should have been paid as bounty to John F. Yewell and George R. Mahoney; which was referred to the Committee on Claims.
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Mr. Arrington offered the following resolution:
Resolved, That the Committee on Military Affairs, to whom was referred the bill to increase the pay of soldiers one hundred per cent, be instructed to inquire into the expediency or propriety of increasing the same to thirty dollars per month,
And demanded the yeas and nays thereon;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chrisman, Clopton, Curry, Davidson, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Gardenhire, Garland, Gartrell, Graham, Hanly, Hilton, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lyon, Lyons, Machen, Martin, McQueen, McRae, Menees, Miller, Munnerlyn, Pugh, Read, Sexton, Simpson, Smith of North Carolina, Staples, Strickland, Swan, Vest, Villeré, and Welsh.
Nays: Dupré, Jones, Lewis, Miles, Ralls, Tibbs, Trippe, and Wright of Texas.
So the resolution was agreed to.
Mr. Lyons presented the memorial of citizens of Richmond and others, asking the exemption of dental surgeons; which was referred to the Committee on Military Affairs.
Mr. Curry presented the memorial of A. C. Baker, with evidence, asking pay for horse impressed; which was referred to the Committee on Claims.
Mr. Gartrell presented the memorial of members of Phillips Legion of Cavalry (Georgia), asking that they be allowed the privilege of a reorganization of their battalion at the expiration of their term of service; which was referred to the Committee on Military Affairs.
Mr. Heiskell presented the memorial of H. M. Watterson, asserting a claim; which was referred to the Committee on Claims.
Mr. De Jarnette presented the memorial of Capt. W. H. Brown, asking compensation for a slave lost in the public service; which was referred to the Committee on Claims.
Mr. Baldwin moved that the rules be suspended to take up for consideration the bill amendatory of an act entitled "An act to put an end to the exemption from military service of those who have heretofore furnished substitutes."
The motion was lost.
On motion of Mr. Miles, the bill to create an invalid corps was taken from the table and postponed until to-morrow.
Mr. Clopton introduced
A joint resolution of thanks to the Alabama troops who have reenlisted for the war;
which was read first and second times.
On motion of Mr. Curry, the rule was suspended requiring the joint resolution to be referred to a committee, and it was engrossed, read a third time, and passed unanimously.
Mr. Gardenhire, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
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The House then, on motion of Mr. Gartrell, resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Hartridge moved that the House adjourn.
Mr. Jones demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baldwin, Barksdale, Bell, Chambliss, Chrisman, Clark, Clopton, Davidson, De Jarnette, Farrow, Foote, Funsten, Garnett, Gartrell, Graham, Hanly, Hartridge, Johnston, Kenan of North Carolina, Lyon, Lyons, McQueen, Menees, Preston, Pugh, Sexton, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Ashe, Atkins, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clapp, Conrad, Conrow, Curry, Dargan, Dupré, Ewing, Gardenhire, Garland, Goode, Holcombe, Holder, Ingram, Jones, Lander, Lewis, Machen, McRae, Miles, Munnerlyn, Perkins, Ralls, Russell, Singleton, Smith of North Carolina, Staples, Strickland, Tibbs, Trippe, and Villeré.
So the motion to adjourn was lost.
On motion of Mr. Machen,
The House took a recess until half past 7 o'clock.,
Having reassembled,
The Speaker laid before the House a communication from the President; which is as follows, viz:
Richmond, Va., January 29, 1864.
To the House of Representatives:
In response to your resolution of the 11th ultimo, I herewith transmit for your information a copy of my correspondence, together with that of the Secretary of War and of the Adjutant and Inspector General, "with Gen. Joseph E. Johnston during the months of May, June, and July, 1863, concerning his command and the operations in his department."
As the resolution fixes definitely the dates within which the correspondence is desired, I have not deemed it proper to add anything which was prior or subsequent to those dates.
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 bill of the following titles, viz:
And the Speaker signed the same.
The House then,
On motion of Mr. Ralls,
Adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
Mr. Dargan moved that the special order be postponed to enable him to make a report from the Special Committee on the Foreign Cotton Loan.
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The motion was agreed to, and
Mr. Dargan, from the Special Committee on the Foreign Cotton Loan, reported
A bill to authorize the issue of certain cotton certificates;
which was read a first and second time.
Mr. Conrad moved that the rules be suspended to enable him to make a personal explanation.
The motion was agreed to.
The question being on postponing the bill and placing it upon the Calendar.
It was decided in the negative.
Mr. Machen called the question; which was ordered.
The question being on ordering the bill to be engrossed and read a third time,
It was decided in the affirmative.
Mr. Jones called the question; which was ordered.
The question being put,
Shall the bill pass?
It was decided in the affirmative.
Mr. Jones moved to reconsider the vote just taken, by which the bill was passed, and called the question; which was ordered, and the motion to reconsider was lost.
The House then resumed the consideration of the special order; which was the bill of the Senate (S. 158) to organize forces to serve during the war.
The amendment of Mr. Barksdale, which had been modified so as to read as follows, viz:
Add at the end of section 1 as amended the words "except persons engaged in the avocations hereafter mentioned,"
was agreed to.
Mr. Chambliss moved to amend the second section by striking out, in line 2, the word "five."
Mr. Foster called the question; which was ordered, and the amendment was agreed to.
Mr. Chilton submitted the following amendment:
Strike out the second section; which is as follows:
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law; and the President shall call upon the governors of the several States for such number of men not liable to [duty] in the Confederate States Army as shall be necessary in each State to discharge the duties specified in this section, and such troops shall be regarded as State troops in the Confederate service, and shall serve in their respective States for the term of twelve months, unless they shall voluntarily enlist for a longer period, and shall not be required to render service without the States in which they are raised and assigned to duty."
Mr. Barksdale submitted the following amendment to the amendment of Mr. Chilton (as a substitute therefor):
That the President be authorized to accept the services of all persons between the ages of forty-five and fifty years, not now in the Army, and that the persons so tendering their services shall be enrolled within such time and at such places in their respective counties or parishes as may be prescribed by the President; and that all persons enrolled under the provisions of this act shall be detailed for provost and hospital guards, for commissary and quartermaster's and Niter Bureau agents, clerks, and guards, and for service in enforcing the conscript acts and for all other purposes as hereinafter provided.
Mr. Foster moved to amend section 2 by striking out the word "five," in lines 11 and 17.
Mr. Singleton moved to refer the bill and amendments to the Committee on Military Affairs, with the following instructions, viz:
To frame a bill so as to provide for conscribing all persons between the ages of 45 and 50 years who are not actually engaged in some mechanical or agricultural pursuit; and all persons between the ages of 18 and 45 who are unfit for military service in the field by reason of physical disability to perform the duties of provost hospital guards, for commissary, quartermaster's, and Niter Bureau agents, clerks, and guards, and for service in enforcing the conscript acts and other like duties.
Mr. Machen called the question; which was ordered.
The question being on the motion of Mr. Singleton to refer the bill to the Committee on Military Affairs,
Mr. Singleton demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Horatio W. Bruce, Chambers, Chrisman, Dargan, De Jarnette, Ewing, Gardenhire, Gartrell, Graham, Holder, Ingram, Lewis, Menees, Munnerlyn, Perkins, Pugh, Singleton, Strickland, and Tibbs.
Nays: Ashe, Baldwin, Barksdale, Bell, Bridgers, Chambliss, Chilton, Clapp, Clark, Clopton, Conrad, Conrow, Davidson, Dupré, Farrow, Foote, Funsten, Garland, Garnett, Goode, Hanly, Hartridge, Heiskell, Holcombe, Johnston, Jones, Kenan of North Carolina, Lander, Lyon, Lyons, Machen, McQueen, McRae, Miles, Preston, Ralls, Russell, Sexton, Smith of North Carolina, Staples, Trippe, Villeré, Welsh, Wilcox, and Wright of Texas.
So the motion was lost.
And the House, on motion of Mr. Ashe, resolved itself into open session.
Having taken a recess until half past 7 o'clock,
The House reassembled at that hour, and being again in secret session, the amendment of Mr. Foster was agreed to.
Mr. McRae submitted the following amendment to the second section:
In line 2, after the word "themselves," insert the words "as reserves in the military service of the Confederate States for the war."
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Mr. Jones called the question; which was ordered, and the amendment of Mr. McRae was agreed to.
Mr. McRae also submitted the following amendment to the second section:
In line 11, after the word "Army," insert the words "and those now in the Army, over the age of forty-five, after the expiration of their present term of service."
Mr. Funsten moved to amend the amendment of Mr. McRae by adding at the end the following:
Provided, That such details shall only be made when there is not a sufficient number of disabled soldiers for such duty, and then only so far as is necessary to supply such deficiency.
The amendment of Mr. Funsten was agreed to.
Mr. Barksdale called the question; which was ordered, and the amendment of Mr. McRae, as amended, was lost.
Mr. Singleton submitted the following amendment to the second section:
Add at the end the following: "Provided further, That no person between the ages of forty-five and fifty years, who is in good faith actually engaged in any mechanical or agricultural pursuit, shall be liable to such conscription."
Mr. McRae called the question; which was ordered, and the amendment of Mr. Singleton was agreed to.
Mr. Holcombe moved to amend the second section by striking out, in line 7, the words "and Niter Bureau."
Mr. Hilton called the question; which was ordered, and the amendment of Mr. Holcombe was agreed to.
Mr. Atkins moved to reconsider the vote by which the amendment of Mr. Singleton was agreed to.
The motion to reconsider prevailed.
Mr. Atkins submitted the following amendment to the amendment of Mr. Singleton (as a substitute therefor):
Provided further, That no person between the ages of forty-five and fifty years who is now and has been since the sixteenth April, eighteen hundred and sixty-two, in good faith actually engaged in any mechanical pursuit, or any person between the ages of forty-five and fifty years who is now employing his labor, capital, or skill in the production of grain, forage, and provisions and is the sole male manager of his farm or plantation.
Mr. Chambliss moved to lay the amendment of Mr. Singleton and the amendment to the amendment on the table.
Upon which motion Mr. Conrad demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Chambliss, Chilton, Chrisman, Clapp, Conrad, Conrow, Dargan, Dupré, Elliott, Ewing, Farrow, Funsten, Garland, Gartrell, Goode, Gray, Hartridge, Hilton, Ingram, Lander, Lewis, Machen, McRae, Miller, Villeré, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Ashe, Atkins, Baldwin, Boteler, Boyce, Bridgers, Clopton, Davidson, Foote, Foster, Gaither, Garnett, Hanly, Heiskell, Holcombe, Holder, Johnston, Jones, Lyon, Lyons, Martin, McQueen, Miles, Preston, Pugh, Ralls, Russell, Simpson, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Vest, and Mr. Speaker.
So the motion was lost.
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Mr. Wilcox moved that the House resolve itself into open session.
The motion was lost.
Mr. Foster called the question; which was ordered, and the amendment of Mr. Atkins was agreed to.
The question recurring on the amendment of Mr. Singleton, as amended,
Mr. Foster called the question; which was ordered.
Upon which Mr. Chambliss demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Boyce, Clopton, Curry, Davidson, Farrow, Gaither, Gardenhire, Garnett, Hanly, Heiskell, Holder, Jones, Lyon, Martin, Miles, Munnerlyn, Preston, Pugh, Ralls, Russell, Singleton, Smith of North Carolina, Strickland, Swan, Tibbs, Vest, and Mr. Speaker.
Nays: Barksdale, Boteler, Chambers, Chambliss, Chilton, Clapp, Conrad, Conrow, Dargan, Dupré, Ewing, Foster, Funsten, Garland, Gartrell, Goode, Gray, Hartridge, Hilton, Ingram, Kenan of North Carolina, Lander, Lewis, Lyons, Machen, McRae, Miller, Simpson, Villeré, Welsh, Wilcox, and Wright of Texas.
So the amendment was lost.
Mr. Wilcox moved to refer the bill to the Committee on Military Affairs, and called the question; which was ordered.
Mr. Machen moved that the House resolve itself into open session.
The motion was lost.
Mr. Jones demanded the yeas and nays on the motion to refer the bill to the Committee on Military Affairs;
Which were ordered,
Yeas: Atkins, Baldwin, Boteler, Boyce, Bridgers, Chambers, Clopton, Ewing, Gardenhire, Garnett, Hanly, Hartridge, Hilton, Holder, Kenan of North Carolina, Lyon, Lyons, Munnerlyn, Preston, Pugh, Ralls, Simpson, Singleton, Strickland, Swan, Tibbs, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Ashe, Barksdale, Chambliss, Chilton, Clapp, Conrad, Conrow, Curry, Dargan, Davidson, Dupré, Farrow, Foster, Funsten, Gaither, Garland, Gartrell, Goode, Heiskell, Holcombe, Ingram, Johnston, Jones, Lander, Lewis, Machen, Martin, McRae, Miller, Russell, Sexton, Smith of North Carolina, Villeré, and Mr. Speaker.
So the motion was lost.
Mr. Foster moved to reconsider the vote by which the amendment of Mr. Singleton, as amended, was lost.
Mr. Jones called the question; which was ordered.
Upon which Mr. Gaither demanded the yeas and nays;
Which were ordered,
And recorded as follows, viz:a
[Note a: a The yeas and nays are not recorded in the Journal.]
So the motion to reconsider prevailed.
Mr. Jones called the question; which was ordered.
The question being on the amendment of Mr. Singleton, as amended,
Mr. Gaither demanded the yeas and nays thereon;
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Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Boteler, Boyce, Chambers, Clopton, Davidson, Foster, Gaither, Gardenhire, Garnett, Hanly, Heiskell, Holcombe, Holder, Johnston, Jones, Kenan of North Carolina, Lyon, Miles, Munnerlyn, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Smith of North Carolina, Strickland, Swan, Tibbs, Vest, Villeré, and Mr. Speaker.
Nays: Barksdale, Chambliss, Chilton, Clapp, Conrad, Conrow, Curry, Dupré, Ewing, Farrow, Funsten, Garland, Gartrell, Goode, Hartridge, Hilton, Ingram, Lander, Lewis, Lyons, Machen, McRae, Welsh, and Wilcox.
So the amendment as amended was agreed to.
The House then,
On motion of Mr. Barksdale,
Resolved itself into open session.
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