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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-SEVENTH DAY--MONDAY, February 1, 1864.
OPEN SESSION.
The Chair laid before the House a communication from the President; which was read as follows, viz:
Richmond, Va., January 30, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate of an additional sum needed by the Engineer Bureau.
I recommend an appropriation of the amount specified for the purpose indicated.
JEFFERSON DAVIS.
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The communication and accompanying documents were laid upon the table and ordered to be printed.
Mr. Foster offered the following resolution; which was unanimously adopted:
Resolved, That the Speaker be requested to invite General Pillow to a seat within the bar of this House.
Mr. Russell moved that the rule be suspended requiring the call of the States for memorials, resolutions, etc.; which motion was agreed to.
On motion of Mr. Clark, leave of absence was granted his colleague, Mr. Trippe.
On motion of Mr. Staples, leave of absence was granted his colleague, Mr. Garnett (detained from his seat by indisposition).
Mr. Chambliss moved that the rules be suspended to enable the Committee on Naval Affairs to make a report.
The motion was lost.
The House then resumed the consideration of unfinished business and took up the bill to allow commissioned officers of the Army rations and the privilege of purchasing clothing from the Quartermaster's Department.
Mr. Machen submitted the following amendment:
Add at the end of section 2 the following: "Provided, That the officer offering to purchase shall give his certificate on honor that the articles are necessary for his own personal comfort and use, and in no case shall more than one suit per annum be allowed to be so purchased by any officer."
The amendment was agreed to.
Mr. Miles submitted the following amendment to the second section, to be added at the end:
Provided, That nothing contained in this section shall be construed as depriving commissioned officers of the privilege they now enjoy of purchasing subsistence stores from the Commissary Department.
Mr. Curry moved to amend the amendment of Mr. Miles by adding thereto the following, viz:
Provided, That this privilege of purchase shall only apply to officers in actual service in the field.
Mr. Foote demanded the previous question.
The demand was sustained.
The question being on the amendment of Mr. Curry,
Mr. Arrington demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Baldwin, Bridgers, Chrisman, Clapp, Clark, Curry, Dargan, Farrow, Foster, Gaither, Garland, Gartrell, Ingram, Jones, Kenan of North Carolina, Lander, Machen, McLean, Pugh, Smith of Alabama, Trippe, Welsh, and Wright of Georgia.
Nays: Atkins, Barksdale, Boteler, Boyce, Breckinridge, Horatio W. Bruce, Chambliss, Chilton, Conrad, Crockett, Davidson, Dupré, Ewing, Foote, Funsten, Gardenhire, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Lyons, Martin, McQueen, McRae, Menees, Miles, Miller, Preston, Ralls, Russell, Simpson, Staples, Swan, Tibbs, Vest, Villeré, Wilcox, and Wright of Texas.
So the amendment of Mr. Curry was lost.
The question recurring on the amendment of Mr. Miles,
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Mr. Clark demanded the yeas and nays; which were not ordered, and the amendment of Mr. Miles was agreed to.
The bill was then engrossed and read a third time.
And the question being on its passage,
Mr. Jones demanded the yeas and nays; which were not ordered, and the bill was passed.
The title of the bill was agreed to.
Mr. Miles moved to reconsider the vote by which the bill was passed.
The motion was lost.
The House then took up the bill to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities.
The question being on the amendment of Mr. Baldwin,
Mr. Atkins called the question: which was ordered, and the amendment of Mr. Baldwin was lost.
Mr. Smith of Alabama moved to amend the bill by striking out the first section; which is as follows, viz:
That all male free negroes resident in the Confederate States, between the ages of eighteen and fifty-five years, shall be held liable to perform such duties with the Army, or in connection with the military defenses of the country, in the way of work upon fortifications, or in Government works for the production or preparation of material of war, or in military hospitals, as the Secretary of War may from time to time prescribe; and while engaged in the performance of such duties shall receive rations and clothing and compensation at the rate of eleven dollars a month, under such rules and regulations as the said Secretary may establish: Provided, That the Secretary of War, with the approval of the President, may exempt from the operations of this act such free negroes as the interests of the country may require should be exempted, or such as he may think proper to exempt on grounds of justice, equity, or necessity.
Mr. Clark called the question; which was ordered, and the amendment of Mr. Smith of Alabama was lost.
Mr. Machen moved to amend section 2 by striking out, in line 4, the words "not to exceed."
The amendment was lost.
Mr. Miles moved to amend by filling the blank with the words "twenty thousand."
Mr. Dargan moved to amend the amendment by striking out "twenty thousand" and inserting "forty thousand."
Mr. Goode called the question; which was ordered, and the amendment of Mr. Dargan was lost, and the amendment of Mr. Miles was agreed to.
Mr. Miles submitted the following amendment:
In section 2, line 12, strike out the words "incurred in consequence of the discharge of" and insert in lieu thereof the words "contracted while in."
The amendment was agreed to.
Mr. Ralls moved to amend by striking out the words "or by disease contracted while in any service required of said slaves, then the owners of the same shall be entitled to receive the full value of such slaves."
Mr. Foster called the question; which was ordered, and the amendment of Mr. Ralls was lost.
Mr. Gray moved to amend section 2 by inserting, in line 14, after the word "slaves," the words "to be ascertained by agreement, or by appraisement under the laws regulating impressments, and."
Mr. Foster called the question; which was ordered, and the amendment of Mr. Gray was agreed to.
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Mr. Hilton moved to amend the third section of the bill by [inserting], in line 6, after the word "slaves," the words "not to exceed twenty thousand;" which was agreed to.
Mr. Baldwin moved to amend the third section by striking out, in lines 8 and 9, the words "under such rules and regulations as the said Secretary may establish" and inserting the words "according to the laws regulating impressments of slaves in other cases."
The amendment was agreed to.
Mr. Baldwin also submitted the following amendment:
In section 3, lines 13 and 14, strike out the words "and regulations as those who may have been hired" and insert the words "established by the said impressment laws;"
which was agreed to.
Mr. Dargan submitted the following amendment:
Add at end of third section the following: "Provided, That if the owner have but one male slave within the ages of eighteen and fifty he shall not be impressed against the will of the owner;"
which was agreed to.
Mr. Barksdale submitted the following amendment as an independent section:
Mr. Dupré moved to amend the amendment of Mr. Barksdale by adding at the end thereof the following:
Provided, That no slave laboring on a farm or plantation exclusively devoted to the production of grain and provisions, and not exceeding ten hands to each farm, shall be impressed without the consent of the owner.
Mr. Hilton called the question; which was ordered, and the amendment of Mr. Dupré was agreed to.
Mr. Ashe submitted the following amendment to the amendment of Mr. Barksdale (as a substitute therefor):
That the slaves required to be impressed shall be apportioned pro rata among the several States and the several owners in each State as far as practicable.
Mr. Foster called the question; which was ordered, and the amendment of Mr. Ashe was lost.
Mr. Goode moved to amend the bill by striking out the third section as amended; which reads as follows, viz:
That when the Secretary of War shall be unable to procure the services of slaves in any military department in sufficient numbers for the necessities of the department upon the terms and conditions set forth in the preceding section, then he is hereby authorized to impress the services of as many male slaves, not to exceed twenty thousand, as may be required from time to time to discharge the duties indicated in the first section of this act, according to laws regulating impressments of slaves in other cases: Provided, That slaves so impressed shall, while employed, receive the same rations and clothing in kind and quantity as slaves regularly hired from their owners, and in the event of their loss, shall be paid for in the same manner and under the same rules established by the said impressment laws.
Mr. Foster called the question; which was ordered, and the amendment of Mr. Goode was lost.
Mr. Welsh moved to amend the amendment of Mr. Barksdale as follows, viz:
Strike out all of said amendment and insert in lieu thereof the following, viz: "Provided further, That in making the impressments, not more than one of every five male slaves between the ages of eighteen and forty-five shall be taken from any owner."
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The amendment was agreed to.
Mr. Conrad moved to reconsider the vote just taken, by which the amendment of Mr. Welsh was agreed to, and demanded the yeas and nays thereon;
Which were ordered,
Yeas: Arrington, Baldwin, Barksdale, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chilton, Clopton, Conrad, Dargan, Dupré, Ewing, Farrow, Foster, Gartrell, Goode, Heiskell, Holcombe, Ingram, Johnston, Jones, Lewis, Lyons, Machen, Menees, Miles, Preston, Pugh, Russell, Singleton, Staples, Strickland, and Villeré.
Nays: Ashe, Atkins, Clapp, Clark, Davidson, Foote, Funsten, Gaither, Gardenhire, Garland, Graham, Gray, Hartridge, Hilton, Lander, Martin, McLean, McQueen, McRae, Miller, Munnerlyn, Perkins, Ralls, Sexton, Simpson, Smith of Alabama, Swan, Tibbs, Trippe, Welsh, Wilcox, Wright of Georgia, Wright of Texas, and Mr. Speaker.
So the motion to reconsider prevailed.
Mr. Miles moved to reconsider the vote by which the amendment of Mr. Dupré was agreed to.
Mr. Foote called the question; which was ordered, and the motion to reconsider prevailed, and the amendment of Mr. Dupré was lost.
Mr. Welsh moved to amend the amendment of Mr. Barksdale by adding the following, viz:
Provided further, That in making the impressments, not more than one of every five male slaves between the ages of eighteen and forty-five shall be taken from any owner.
The amendment was agreed to, and the amendment of Mr. Barksdale, as amended, was agreed to.
Mr. Hilton moved to amend the fourth section by adding at the end thereof the following:
Provided, That no slaves shall be impressed in one State to labor on fortifications in another.
Mr. Swan demanded the previous question; which was not seconded.
Mr. Foster called the question; which was ordered, and the amendment of Mr. Hilton was lost.
Mr. Gardenhire submitted the following amendment:
Add at end of last section the following: "Provided further, That free negroes shall be first impressed, and if there should be a deficiency it shall be supplied by the impressment of slaves according to the foregoing provisions;"
which was agreed to.
Mr. Foster moved to amend the fourth section by adding the following:
Provided, That the slaves of the First and Third Congressional districts of Alabama be exempted from the provisions of this act.
Mr. Wilcox moved to amend the amendment of Mr. Foster by adding the following:
Provided, That they be exempted from taxation and representation during the war.
Mr. Gray moved to lay the amendment of Mr. Foster and the amendment to the amendment on the table; which motion was agreed to.
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A message was received from the Senate, by Mr. Anderson; which is as follows:
Mr. Speaker: The Senate has passed joint resolutions of the following titles, viz:
In which I am directed to ask the concurrence of this House.
Mr. Miles moved to amend the first section of the bill by inserting after the word "negroes" the words "and other free persons of color."
Mr. Dargan moved to amend the amendment of Mr. Miles by adding thereto the words "not including those who are free under the treaty of Paris of eighteen hundred and three, or under the treaty with Spain of eighteen hundred and nineteen."
The amendment of Mr. Dargan was agreed to.
The amendment of Mr. Miles, as amended, was also agreed to.
The bill was then engrossed and read a third time.
The question recurring on the passage of the bill,
Mr. Foster demanded the yeas and nays; which were not ordered, and the bill was passed.
The title of the bill was agreed to.
Mr. Miles moved to reconsider the vote by which the bill was passed.
The motion was lost.
The Chair laid before the House a Senate joint resolution (S. 28) of thanks to the troops from the State of Louisiana in the Army of Tennessee; which was read a first and second time, and
On motion of Mr. Dupré, the rule requiring the same to be referred to a committee having been suspended, the joint resolution was read a third time and passed unanimously.
The Chair also laid before the House a Senate joint resolution (S. 19) for the relief of Capt. Walker Anderson; which was read a first and second time and referred to the Committee on Claims.
Also, a Senate joint resolution (S. 27) of thanks to North Carolina troops; which was read a first and second time, and
On motion of Mr. Gaither, the rule having been suspended requiring it to be referred to a committee, it was read a third time and passed unanimously.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
A message was received from the President; which is as follows, viz:
To the honorable Speaker of the House of Representatives.
Mr. Speaker: On the 30th ultimo the President approved and signed the following act:
Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.
Richmond, February 1, 1864.
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Mr. Wilcox moved that the House adjourn.
The motion was lost, and
The House, on motion of Mr. Bridgers, took a recess until half past 7 o'clock;
And having reassembled,
On motion of Mr. Miles, resolved itself into secret session; and having spent some time therein, and being again in open session,
On motion of Mr. Ralls,
Adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
The Chair laid before the House a communication from the President; which was read as follows, viz:
Richmond, Va., January 30, 1864.
To the House of Representatives:
In response to your resolution of the 21st instant, I herewith transmit a communication from the Secretary of War, showing the present state of the question pending between the two Governments of the Confederate States and the United States relative to the exchange of prisoners.
JEFFERSON DAVIS.
The communication and accompanying documents were referred to the Special Committee on the Joint Resolution in Reference to the Exchange of Prisoners.
The Chair also laid before the House another communication from the President; which was read as follows, viz:
Richmond, Va., January 29, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration in secret session a communication from the Secretary of the Treasury, to which I invite your special attention.
I recommend an appropriation of the sum specified for the purpose indicated.
JEFFERSON DAVIS.
Mr. Gardenhire, from the Committee on Enrolled Bills, reported as correctly enrolled bills of the following titles:
And the Speaker signed the same.
The House then resumed the consideration of the special order; which was the Senate bill (S. 158) to organize forces to serve during the war.
Mr. McRae submitted the following amendment:
In section 2, line 7, after the word "for," insert the words "commissaries and quartermasters of posts and all."
Mr. Machen called the question; which was ordered.
Upon which Mr. McRae demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Breckinridge, Chambers, Chilton, Clark, Conrow, Ewing, Foster, Garland, Gartrell, Goode, Gray, Hartridge, Holder, Ingram, Johnston, Kenan of North Carolina, McLean, McRae, Perkins, Ralls, Tibbs, Welsh, and Wright of Georgia.
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Nays: Arrington, Ashe, Atkins, Baldwin, Boteler, Boyce, Bridgers, Horatio W. Bruce, Clapp, Clopton, Conrad, Dargan, Davidson, Dupré, Farrow, Funsten, Gaither, Gardenhire, Graham, Hanly, Heiskell, Hilton, Holcombe, Jones, Lander, Lewis, Machen, Martin, McQueen, Miles, Miller, Munnerlyn, Pugh, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Strickland, Swan, Villeré, Wilcox, and Mr. Speaker.
So the amendment was lost.
Mr. Conrad submitted the following amendment:
In section 2, line 7, after the word "for," strike out the words "commissary and quartermaster agents, clerks, and guards, and for service in enforcing the conscript acts," and insert in lieu thereof the words "service in the Commissary, Quartermaster's, Medical, and Ordnance Departments for clerks and guards, and in executing the enrollment acts."
Mr. Ralls called the question; which was ordered, and the amendment of Mr. Conrad was agreed to.
Mr. Miles submitted the following amendment:
In section 2, line 13, after the word "disability," insert the words "but who may be declared by a medical examining board capable of discharging the duties to which they may be assigned under this section."
The amendment was agreed to.
Mr. Funsten submitted the following amendment; which was agreed to, viz:
In line 14, after the word "act," insert the words "Provided, That such details shall only be made when there is not a sufficient number of disabled soldiers qualified for such duty, and then only so far as may be necessary to supply such deficiency."
Mr. Conrad moved to amend the second section by striking out, in lines 13 and 14, the words "within thirty days after the passage of this act."
The amendment was agreed to.
Mr. Conrad submitted the following amendment:
Add to the amendment of Mr. Miles, in line 13, after the word "disability," the words "unless in any case the detail of those now in the service be expressly authorized by special order of the Secretary of War or of the commander of the district in which such detail is made."
The amendment was lost.
Mr. Sexton moved to amend the second section by adding at the end thereof the following:
And provided further, That the persons herein named, between the ages of forty-five and fifty, shall not be placed in the military service of the Confederate States out of the States in which they reside, unless these States are beyond our military lines; and whenever such persons are now or may be organized into companies, battalions, or regiments previous to the time prescribed for enrollment, they shall, if they desire it, be accepted in their organizations.
Mr. McRae called the question; which was ordered, and the amendment of Mr. Sexton was lost.
Mr. Menees moved to reconsider the vote by which the House rejected the amendment of Mr. Conrad to the second section, to come in after the amendment of Mr. Miles, in line 13.
Mr. McRae called the question; which was ordered, and the motion to reconsider prevailed.
The question recurring on the amendment of Mr. Conrad,
Mr. McRae called the question; which was ordered, and the amendment was agreed to.
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Mr. Russell moved to amend the second section by striking out, in line 1, the word "persons" and inserting in lieu thereof the words "white male residents in the Confederate States."
Mr. Conrad moved to amend the amendment of Mr. Russell by striking out the word "residents" and inserting in lieu thereof the word "citizens," and called the yeas and nays thereon; which were not ordered, and the amendment to the amendment was lost.
The question recurring on the amendment of Mr. Russell,
It was decided in the affirmative.
And the House,
On motion of Mr. Russell,
Resolved itself into open session.
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