PREVIOUS

NEXT

NEW SEARCH

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --FORTY-EIGHTH DAY--TUESDAY, February 2, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
FORTY-EIGHTH DAY--TUESDAY, February 2, 1864.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Duncan.

On motion of Mr. Chilton, the bill to establish certain post routes therein named, which had been reported from the Committee on Post-Offices and Post-Roads and laid upon the table, was taken up for consideration.

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

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

The title of the bill was also agreed to.

Mr. Clopton, from the Committee on Claims, reported

A joint resolution for the relief of Wellington Goddin; which was read a first and second time.

Pending which,

The House, on motion of Mr. Swan, resolved itself into secret session; and having spent some time therein, and being again in open session,

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate have passed, without amendment, a bill and joint resolution of this House of the following titles, viz:

• H. R. 94. An act to provide for wounded and disabled officers, soldiers, and seamen an asylum, to be called "The Veteran Soldiers' Home;" and
• H. R. 24. Joint resolution of thanks to the Alabama troops who have reenlisted for the war.

The President of the Confederate States has notified the Senate that on the 30th ultimo he approved and signed the following joint resolutions and acts:

• S. 20. Joint resolution of thanks to Major Von Borcke;
• S. 23. Joint resolution in relation to the salaries of the judges of the district courts of the Confederate States for the State of Virginia;
• S. 167. An act 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;
• S. 172. An act to increase the compensation of certain civil officers and employees in the President's office and in the executive and legislative departments at Richmond for a limited period;
• S. 190. An act 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; and

---

Page 727 | Page image



• S. 196. An act to extend the provisions of an act entitled "An act in relation to the receipt of counterfeit Treasury notes by public officers," approved May 1, 1863.

Mr. Dupré moved that the House adjourn.

The motion was lost, and

The House, on motion of Mr. Hilton, took a recess until half past 7 o'clock.

Having reassembled,

Mr. Miles moved that the House resolve itself into secret session.

No quorum voting,

Mr. Hilton moved a call of the House; which was ordered.

Upon a call of the roll the following gentlemen answered to their names:

Messrs. Arrington, Atkins, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clapp, Clopton, Curry, Dargan, De Jarnette, Dupré, Ewing, Farrow, Gaither, Garland, Goode, Hanly, Hartridge, Heiskell, Hilton, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Machen, McQueen, McRae, Menees, Miles, Miller, Munnerlyn, Perkins, Pugh, Ralls, Sexton, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, Swan, Villeré, Welsh, Wilcox, and Mr. Speaker.

The following gentlemen were excused or found absent by leave of the House:

Messrs. Ashe, Ayer, Bell, Chambliss, Collier, Currin, Freeman, Funsten, Garnett, Harris, Hodge, Kenan of Georgia, Lyon, McDowell, Preston, Read, Trippe, and Wright of Tennessee.

Messrs. Gardenhire and Tibbs were excused and granted leave of absence for the remainder of the session.

The following gentlemen were found absent without being excused:

Messrs. Batson, Breckinridge, Eli M. Bruce, Burnett, Chrisman, Clark, Conrad, Conrow, Crockett, Davidson, Elliott, Foote, Foster, Gartrell, Gentry, Gray, Herbert, Holcombe, Kenner, Lyons, Marshall, Martin, McLean, Moore, Royston, Russell, Smith of Alabama, Vest, Wright of Georgia, and Wright of Texas.

Mr. Baldwin moved that the House adjourn.

The motion was lost.

Mr. McRae moved to reconsider the vote by which the House refused to excuse Mr. Graham.

The motion to reconsider prevailed, and Mr. Graham was excused.

Mr. McRae moved that the names of the members absent without excuse be published in the morning papers, and called the question; which was ordered, and the motion was lost.

On motion of Mr. Machen, all further proceedings under the call were dispensed with.

Mr. Jones moved that the House adjourn.

Upon which Mr. Miles demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 21
• Nays ... 39

Yeas: Arrington, Baldwin, Barksdale, Horatio W. Bruce, Chilton, Crockett, Dargan, Dupré, Farrow, Gartrell, Hanly, Jones, Lyon, McQueen, McRae, Miller, Pugh, Simpson, Staples, Swan, and Wilcox.

Nays: Atkins, Boteler, Boyce, Bridgers, Clapp, Clopton, Conrow, Curry, Davidson, De Jarnette, Ewing, Gaither, Garland, Goode, Gray, Hartridge, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston,

Page 728 | Page image

Kenan of North Carolina, Lander, Lewis, Machen, McLean, Menees, Miles, Munnerlyn, Perkins, Ralls, Russell, Sexton, Singleton, Smith of North Carolina, Strickland, Villeré, and Welsh.

So the motion to adjourn was lost.

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate have passed, without amendment, joint resolutions of this House of the following titles:

• H. R. 8. Joint resolution of thanks to Col. Thomas G. Lamar and the officers and men engaged in the defense of Secessionville;
• H. R. 19. Joint resolution of thanks to Captain Odlum, Lieutenant Dowling, and the men under their command; and
• H. R. 23. Joint resolution of thanks to General Beauregard and the officers and men of his command for their defense of Charleston, S. C.

The House then, on motion of Mr. Machen, resolved itself into secret session; and having spent some time therein, again resolved itself into open session, and

On motion of Mr. Swan,

Adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

Mr. Barksdale moved that the House resolve itself into open session for the purpose of considering the special order; which was the bill of the Senate (S. 158) to organize forces to serve during the war.

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

The House having resumed the consideration of the special order,

Mr. Chilton submitted the following amendment to the bill:

Strike out the whole of section 2 as amended and insert in lieu thereof the following, viz:

"All duties as provost and hospitals guards and clerks, and as clerks, guards, and assistants, employees, and laborers in the Quartermaster's and Commissary Departments, in the Ordnance, Medical, and Niter and Mining Bureaus, and in the execution of the enrollment acts, and all similar duties, shall hereafter be performed by persons who have been disabled from active service in the field, and who, by a board of surgeons, shall have been exhausted, the President shall call upon the governors of the several States for the quotas of persons requisite to make up the number needed for the performance of the above-mentioned duties, which quotas shall be taken from persons not liable to military service in the Army of the Confederate States."

Mr. Barksdale moved to amend the amendment of Mr. Chilton as follows: Strike out the whole thereof and insert in lieu thereof the following:

• Sec. 2. That the President be authorized to accept the services of all persons between the ages of forty-five and fifty-five 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 or hospital guards for service in the Quartermaster's, Commissary, Medical, and Ordnance Departments, clerks and guards, and in executing the enrollment acts, and for all other purposes, except as are hereinafter provided, shall be taken from those persons who are between the ages of forty-five and fifty-five years not now in the Army.

And the question recurring on the amendment of Mr. Barksdale to the amendment of Mr. Chilton to the second section (as a substitute therefor),

Page 729 | Page image

Mr. Clapp called question; which was ordered, and the amendment of Mr. Barksdale was lost.

The question recurring on the amendment of Mr. Chilton,

Mr. Jones called the question; which was ordered.

Upon which Mr. Chilton demanded the yeas and nays;

Which were ordered,

And recorded as follows, to wit:
• Yeas ... 50
• Nays ... 19

Yeas: Arrington, Ashe, Baldwin, Barksdale, Boteler, Boyce, Breckinridge, Bridgers, Chambers, Chilton, Chrisman, Clapp, Clark, Clopton, Curry, Davidson, De Jarnette, Ewing, Foste, Gaither, Garland, Gartrell, Goode, Gray, Hanly, Holcombe, Holder, Ingram, Jones, Kenan of North Carolina, Lander, Machen, Martin, McLean, McQueen, Menees, Miller, Munnerlyn, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Welsh, and Mr. Speaker.

Nays: Atkins, Horatio W. Bruce, Chambliss, Crockett, Dupré, Graham, Heiskell, Hilton, Johnston, Lewis, McRae, Miles, Perkins, Staples, Tibbs, Vest, Villeré, Wilcox, and Wright of Texas.

So the amendment was agreed to.

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

Mr. Foster moved to amend the third section of the bill by striking out, in line 8, the words "under this act" and inserting in lieu thereof the words "but he shall at the expiration of three years from the sixteenth April, eighteen hundred and sixty-two, pay into the Treasury five hundred dollars per annum during the war."

Mr. Machen called the question; which was ordered, and the amendment of Mr. Foster was lost.

Mr. Swan moved to amend the third section by inserting, in line 5, after the word "thereof," the words "unless they shall satisfactorily show that they have in actual service in the field substitutes not liable to conscription under this act, and who by virtue of their contract are to continue in the military service during the war."

Mr. Swan demanded the yeas and nays thereon; which were not ordered, and the amendment was lost.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled bills of the following titles, viz:

• S. 169. An act 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; and
• S. 183. An act to prohibit the importation of luxuries, or of articles not necessaries or of common use.

And the Speaker signed the same.

Mr. Clapp submitted the following amendment:

Strike out first three sections of the bill and insert in lieu thereof the following:

• "Section. 1. The Congress of the Confederate States of America do enact, That from and after the passage of this act all white male residents of the Confederate States, between the ages of eighteen and forty-five, shall be in the military service of the Confederate States for the war; and no person shall be relieved from the operation of this law, by reason of having been heretofore discharged, where disability does not now exist; nor shall those who have furnished substitutes be any longer exempted by reason thereof: Provided, That no person who has heretofore been exempted on account of religious opinions, and who has paid the tax levied to relieve him from that service, shall be conscribed under this act.

---

Page 730 | Page image



• "Sec. 2. All white male residents of the Confederate States, between the ages of forty-five and fifty, not now in the Army, shall be liable to be placed in the military service of the Confederate States for the purposes and in the manner hereinafter mentioned, and shall enroll themselves within such time and at such place or places and before such persons in their respective counties or parishes as may be prescribed by the President, and upon their failure to do so, unless prevented by unavoidable circumstances, to be judged of by the President, shall be conscribed into the Army in the field.
• "Sec. 3. The President shall, as soon as practicable after the passage of this act, cause to be ascertained the number of persons necessary in each State for provost and hospital guards and employees; for commissary, quartermaster, and Niter Bureau agents, clerks, guards, and laborers; for garrison and post duty, and for all other military purposes except for field service; and after assigning or detailing for such duties all such persons between the ages of eighteen and forty-five as are competent to perform the same, and who, by reason of physical disability or other causes, are unfit for military service in the field, the deficiency that may exist in any State shall be supplied from the persons herein named, between the ages of forty-five and fifty, who are residents of such State, either by volunteering upon the call of the President, or by a requisition upon the governor of such State, or by a draft, to be regulated in its details by the President, and equitably apportioned, according to the number in the several counties and parishes of such State, between such ages as the President may in his discretion deem any one of said modes the most appropriate or required by the public exigencies: Provided, That the persons between the ages of forty-five and fifty shall only be placed in the service for the purposes aforementioned, and shall not be compelled to leave the State in which they are residents, except upon occasions of great emergency, and for a period not exceeding thirty days at any one time.
• "Sec. 4. Any quartermaster or assistant quartermaster, commissary or assistant commissary (other than those serving with brigades or regiments in the field), or officer in the Niter Bureau, provost-marshal, or enrolling officer who shall employ any person between the ages of eighteen and forty-five, who is liable to military duty in the field, as a clerk, agent, or in any other way, shall, upon conviction thereof by a court-martial or military court, be cashiered; and it shall be the duty of any department or district commander, upon proof, by the oath of any creditable person, that any quartermaster or assistant quartermaster, commissary or assistant commissary, or officer in the Niter Bureau, provost-marshal, or enrolling officer has violated this law, immediately to relieve said officer from his command and take prompt measures to have him tried for said offense; and any department or district commander who shall fail to do as required by this act as above stated shall, upon conviction thereof, be dismissed the service."

Mr. Bridgers called the question; which was ordered, and the amendment of Mr. Clapp was lost.

Mr. Jones moved to reconsider the vote by which the amendment of Mr. Clapp was lost, and called the question; which was ordered, and the motion to reconsider was lost.

Mr. Pugh moved to amend the third section by striking out, in lines 3, 4, and 5, the words "nor shall those who have furnished substitutes be any longer exempted by reason thereof."

The amendment was agreed to.

Mr. Jones moved to reconsider the vote just taken.

Mr. Hilton moved to lay the motion to reconsider on the table; which latter motion was agreed to.

Mr. Jones moved to amend the third section by striking out the words
that no person shall be relieved from the operation of this law by reason of having been heretofore discharged from the Army, where no disability now exists: Provided.

The amendment was lost.

Mr. Jones moved to amend the fourth section by inserting after the word "service," in line 4, the words "by reason of physical and mental disability for military service in the field," and demanded the yeas and nays thereon.

Page 731 | Page image

Which were ordered,

And recorded as follows, viz:
• Yeas ... 17
• Nays ... 41

Yeas: Arrington, Bridgers, Chambers, Clark, Davidson, Foote, Foster, Funsten, Gaither, Hanly, Holcombe, Holder, Jones, Russell, Smith of North Carolina, Villeré, and Wright of Georgia.

Nays: Atkins, Boteler, Boyce, Chambliss, Chilton, Clapp, Clopton, Conrad, Curry, De Jarnette, Ewing, Farrow, Gartrell, Goode, Hartridge, Heiskell, Hilton, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyons, Machen, Martin, McRae, Miles, Munnerlyn, Perkins, Preston, Pugh, Ralls, Sexton, Simpson, Smith of Alabama, Staples, Strickland, Swan, Tibbs, Welsh, and Wright of Texas.

So the amendment was lost.

Mr. Jones moved to amend the fourth section by striking out the whole of the second clause; which reads as follows, viz:

The Vice-President of the Confederate States, the members of Congress and of the several State legislatures, and the officers thereof, and such other Confederate and State officers as the President or the governors of the States, respectively, may declare to be necessary to the proper administration of the Confederate or State governments, as the case may be.

Mr. Jones demanded the yeas and nays thereon.

Mr. Machen moved a call of the House.

The motion was agreed to.

Upon a call of the roll the following members answered to their names:

Messrs, Arrington, Atkins, Bell, Boteler, Boyce, Breckinridge, Bridgers, Chambers, Chambliss, Chilton, Clapp, Clark, Clopton, Conrad, Curry, Davidson, De Jarnette, Ewing, Farrow, Foote, Funsten, Gaither, Gartrell, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McRae, Menees, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Swan, Tibbs, Villeré, and Welsh.

A quorum being present,

Mr. Holcombe moved that all further proceedings under the call be dispensed with; which motion was agreed to.

Mr. Holcombe moved to amend the fourth section by inserting after the word "thereof," in line 8, the words "judges of the several States."

The amendment was agreed to.

Mr. Lyons moved to amend the said section by inserting, in line 8, after the amendment of Mr. Holcombe, the words "except justices of the peace."

Mr. Wilcox moved to refer the bill to a select committee of three members, said committee to report at the next session of Congress.

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

Mr. Swan moved to refer the bill to the Committee on Military Affairs.

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

The question recurring on the amendment of Mr. Lyons,

Mr. Machen called the question; which was ordered, and the amendment was agreed to.

Page 732 | Page image

Mr. Lyons moved to amend the fourth section further by inserting, in line 8, after the word "thereof," the words "if so declared by State laws."

Mr. Staples called the question; which was ordered, and the amendment was lost.

Mr. Simpson moved to amend the fourth section by striking out all after the word "thereof," in line 8, and inserting in lieu thereof the following:
and the officers, executive and judicial, of the Confederate and State governments, except such State officers as the several States may have declared or may hereafter declare by law to be liable to military duty.

Mr. Hanly called the question; which was ordered, and the amendment of Mr. Simpson was agreed to.

Mr. Lyons moved to amend section 4 by striking out, in line 6, the words "members of Congress," and demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 17
• Nays ... 58 [57]

Yeas: Barksdale, Dargan, Davidson, Foote, Foster, Garland, Holder, Jones, Lewis, Lyons, McLean, McRae, Menees, Swan, Welsh, Wilcox, and Wright of Georgia.

Nays: Arrington, Atkins, Baldwin, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clark, Clopton, Conrad, Conrow, Curry, De Jarnette, Dupré, Ewing, Farrow, Funsten, Gaither, Gartrell, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Ingram, Johnston, Kenan of North Carolina, Lander, Lyon, Machen, Martin, McQueen, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Tibbs, Villeré, Wright of Texas, and Mr. Speaker.

So the amendment was lost.

Mr. Lyons moved to reconsider the vote by which the amendment of Mr. Simpson was agreed to.

The motion was lost.

Mr. Pugh moved to amend the third clause of section 4 by striking out the words
authorized to preach according to the rules of his sect, and who was on the tenth of April, eighteen hundred and sixty-two, and has been since in the regular discharge of his ministerial duties,
and inserting in lieu thereof the words
over thirty-five years of age on the sixteenth of April, eighteen hundred and sixty-two, who was then authorized to preach according to the rules of his sect and is now in the regular discharge of ministerial duties, having charge of a church and congregation.

Mr. Goode called the question; which was ordered.

Upon which Mr. Lander demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 14
• Nays ... 53

Yeas: Clark, Foster, Gartrell, Heiskell, Holder, Johnston, McRae, Miles, Miller, Pugh, Swan, Villeré, Wilcox, and Wright of Georgia.

Nays: Arrington, Atkins, Baldwin, Barksdale, Bell, Boteler,

Page 733 | Page image

Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clopton, Conrow, Curry, Dargan, Davidson, De Jarnette, Dupré, Ewing, Farrow, Foote, Funsten, Gaither, Garland, Goode, Gray, Hilton, Ingram, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, Martin, McLean, McQueen, Munnerlyn, Perkins, Preston, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Tibbs, and Welsh.

So the amendment was lost.

Mr. Pugh moved to amend the section by striking out the same words and inserting in lieu thereof the following:
who on the sixteenth of April, eighteen hundred and sixty-two, was authorized to preach according to the rules of his sect and is now in the regular discharge of ministerial duties, having charge of a church and congregation.

Mr. Goode called the question; which was ordered, and the amendment was lost.

Mr. Sexton moved to amend by striking out the same words and inserting the words
who on the sixteenth of April, eighteen hundred and sixty-two, was authorized to preach according to the rules of his sect and is now in the regular discharge of ministerial duties, having charge of a church, circuit, station, or congregation.

Mr. Johnston called the question; which was ordered, and the amendment was lost.

Mr. Ingram moved to amend the said clause (section 4, third clause) by inserting after the word "duties," in line 15, the words "all postmasters who are appointed by the President and confirmed by the Senate."

The amendment was lost.

Mr. Swan moved to amend the clause by inserting after the word "duties," in line 15, the words
each publisher of schoolbooks and such journeymen printers as he may under oath declare to be indispensable for printing said books.

Mr. Johnston called the question; which was ordered, and the amendment was lost.

Mr. Arrington moved to amend by inserting, in line 15, after the word "superintendents," the word "teachers;" which was agreed to.

Mr. Baldwin moved to amend by inserting, in same line, after the word "teachers," the word "physicians;" which was agreed to.

Mr. Funsten moved to amend by striking out the words, in lines 17, 18, and 19, "who was owner or editor of a newspaper at that date, and which has been so published regularly since that time," and insert in lieu thereof the following, viz:
or prior to that date and since the beginning of this war, who was owner or editor of a newspaper at that date, within the time aforesaid, and which has been so published regularly since such time.

Mr. Hilton called the question; which was ordered, and the amendment of Mr. Funsten was agreed to.

Mr. Jones moved to amend by striking out after the word "insane," in line 16, the words
one editor of each newspaper established and being published on the sixteenth of April, eighteen hundred and sixty-two, or prior to that date and since the beginning of this war, who was owner or editor of a newspaper at that date or within the time aforesaid, and which has been so published regularly since such time, and such journeymen printers as such editor may, under oath, declare are indispensable for printing said newspapers,

Page 734 | Page image

And called the question; which was ordered.

Upon which Mr. Staples demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 26
• Nays ... 43

Yeas: Arrington, Clark, Conrad, Conrow, Curry, Dargan, Foster, Garland, Gartrell, Goode, Heiskell, Johnston, Jones, Kenan of North Carolina, Lewis, Lyons, Martin, McRae, Munnerlyn, Perkins, Ralls, Sexton, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.

Nays: Atkins, Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clopton, Davidson, De Jarnette, Dupré, Ewing, Farrow, Foote, Funsten, Gaither, Gray, Hanly, Hartridge, Hilton, Holder, Ingram, Lander, Lyon, Machen, McLean, McQueen, Menees, Miles, Miller, Preston, Pugh, Russell, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, Tibbs, and Villeré.

So the amendment was lost, and

The House, on motion of Mr. Machen, resolved itself into open session.

Being again in secret session,

Mr. Goode submitted the following amendment:

In section 4, strike out after the word "insane," in line 16, the words "one editor of each newspaper established and being published on the sixteenth of April, eighteen hundred and sixty-two, or prior to that date and since the beginning of this war, who was owner or editor of a newspaper at that date or within the time aforesaid, and which has been so published regularly since such time, and such journeymen printers as such editor may, under oath, declare are indispensable for printing said newspaper," and insert in lieu thereof the following: "one editor of each newspaper now being published and such employees as the editor or proprietor may certify, upon oath, to be indispensable for conducting the publication."

Mr. Hilton moved to amend the amendment of Mr. Goode by inserting after the word "editor" the words "being a practical printer."

Mr. Machen called the question; which was ordered, and the amendment of Mr. Hilton was lost.

The question recurring on the amendment of Mr. Goode,

Mr. Machen called the question.

Mr. Jones demanded the yeas and nays upon the call for the question; which were not ordered, and the question was ordered.

Mr. Jones demanded the yeas and nays on the amendment of Mr. Goode;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 9
• Nays ... 46

Yeas: Baldwin, Barksdale, Dupré, Hartridge, Holcombe, Miles, Miller, Staples, and Villeré.

Nays: Arrington, Atkins, Boteler, Bridgers, Chambers, Chilton, Clopton, Conrad, Conrow, Curry, Dargan, Davidson, Ewing, Farrow, Gaither, Garland, Gartrell, Graham, Gray, Hanly, Heiskell, Hilton, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McLean, McQueen, McRae, Menees, Munnerlyn, Perkins, Pugh, Ralls, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Strickland, Welsh, and Wilcox.

So the amendment was lost.

Page 735 | Page image

Mr. Goode then submitted the following amendment:

Strike out, in section 4, all after the word "insane," in line 15, and down to and including "newspaper," in line 21, and insert in lieu thereof the following, viz: "The Principal editor of each newspaper which was established prior to the sixteenth day of April, eighteen hundred and sixty-two, and is now being regularly published, and such journeymen printers as such editor may declare, on oath, are indispensably necessary for printing said newspapers."

Mr. Machen called the question; which was ordered, and the amendment was lost.

Mr. Curry moved to amend the fourth section by inserting, in line 19, after the word "time," the words "and who is a practical printer," and called the question; which was ordered, and the amendment was agreed to.

Mr. Baldwin moved to amend by striking out the words "sixteenth April" and inserting "eleventh October;" which was agreed to.

Mr. Lewis submitted the following amendment:

In line 21, after the word "newspaper," insert the following: "Provided, That no editor shall be entitled to the privilege of this act whose paper has an actual circulation of less than five thousand copies."

The amendment was lost.

Mr. Russell moved to reconsider the vote by which the amendment of Mr. Curry, inserting, in line 19, the words "and who is a practical printer," was agreed to.

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

Mr. Barksdale moved to amend the section by striking out the entire clause relating to newspapers, as amended.

Mr. Jones called the question; which was ordered.

Upon which Mr. Barksdale demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 17
• Nays ... 45

Yeas: Arrington, Clopton, Conrad, Curry, Davidson, Dupré, Gaither, Garland, Graham, Hanly, Johnston, Jones, Lewis, Munnerlyn, Pugh, Staples, and Welsh.

Nays: Atkins, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Chambers, Chilton, Clapp, Conrow, Dargan, De Jarnette, Ewing, Farrow, Gartrell, Goode, Gray, Hartridge, Heiskell, Hilton, Holcombe, Holder, Ingram, Kenan of North Carolina, Lander, Lyon, Machen, McLean, McQueen, McRae, Menees, Miles, Miller, Perkins, Preston, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Villeré, and Wilcox.

So the amendment was lost.

Mr. McRae moved to reconsider the vote just taken, and called the question; which was ordered.

The motion to reconsider was lost.

Mr. Machen moved to amend said section by inserting after the word "business," in line 24, the words "as an apothecary;" which was agreed to.

Mr. Smith moved to amend by inserting, in line 21, after the word "newspaper," the words "printers and bookbinders employed in the publication of schoolbooks."

Mr. Goode called the question; which was ordered.

Page 736 | Page image

Upon which Mr. Smith of North Carolina demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 22
• Nays ... 35

Yeas: Barksdale, Boteler, Bridgers, Clapp, Conrow, Davidson, Gaither, Hartridge, Hilton, Holcombe, Holder, Kenan of North Carolina, Lewis, Lyon, McQueen, Miles, Miller, Munnerlyn, Preston, Smith of North Carolina, Swan, and Villeré.

Nays: Arrington, Atkins, Baldwin, Chambers, Clopton, Conrad, Curry, Dargan, De Jarnette, Dupré, Ewing, Farrow, Garland, Gartrell, Goode, Gray, Hanly, Heiskell, Ingram, Johnston, Jones, Lander, Machen, McLean, McRae, Menees, Perkins, Pugh, Ralls, Russell, Simpson, Singleton, Smith of Alabama, Welsh, and Wilcox.

So the amendment was lost.

Mr. Barksdale moved to amend by inserting, in line 21, after the word "newspapers," the words "the Public Printer and those employed to perform the public printing for the Confederate and State governments;" which was agreed to.

Mr. Ralls moved to amend by striking out, in line 23, the words "sixteenth April" and inserting "eleventh October;" which was agreed to.

Mr. Russell moved to amend by striking out the clause relating to apothecaries; which read as follows, viz:
one skilled apothecary in each apothecary store, who was doing business as such apothecary on the eleventh of October, eighteen hundred and sixty-two, and who is now and has been doing business as an apothecary since that time.

The amendment was lost.

Mr. McRae moved to amend by inserting after the word "store," in line 22, the words "in which nothing but medicines are sold;" which was agreed to.

Mr. Conrad moved to reconsider the vote just taken.

The motion prevailed.

Mr. McRae moved to amend his amendment by inserting after the words "medicines" the words "medicine stores and surgical instruments."

Mr. Jones called the question; which was ordered, and the amendment to the amendment was agreed to.

The question recurring on the amendment as amended,

It was decided in the negative.

Mr. Jones called the previous question; which was not seconded.

And the House.

On motion of Mr. Swan,

Resolved itself into open session.

PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

PREVIOUS

NEXT

NEW SEARCH