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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 --FIFTIETH DAY--THURSDAY, February 4, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Duncan.
The House resumed the consideration of unfinished business; which was a joint resolution for the relief of Wellington Goddin.
Mr. Jones moved to amend the joint resolution by striking out the words "from the first day of June last."
The amendment was lost.
Mr. Clark moved to lay the joint resolution on the table; which motion was agreed to.
Mr. Sexton moved to suspend the rules, to enable him to report a bill from the Committee on Quartermaster's and Commissary Departments.
The motion was lost.
Mr. Clopton, from the Committee on Claims, reported
A bill for the relief of Livingston Mims;
which was read the first and second times.
The question being on postponing,
It was decided in the negative.
The bill was then engrossed, read a third time, and passed.
Mr. Clopton, from the same committee, reported back
A joint resolution for the relief of Maj. Henry R. Hooper, with a recommendation that it do pass.
The question being on postponing the joint resolution,
It was decided in the negative.
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The joint resolution was then engrossed, read a third time, and passed.
On motion of Mr. Jones, the forty-second rule was suspended for the remainder of the session.
Mr. Jones moved to suspend for the remainder of the session the rule requiring Senate amendments to House bills to be referred to a committee.
The motion was agreed to.
Mr. Baldwin, from the Committee on Ways and Means, reported
A bill to increase the compensation of certain officers of the Treasury;
which was read first and second times.
The question being on postponing the bill,
It was decided in the negative.
Mr. Boyce offered the following amendment; which was agreed to, viz:
Mr. Ewing offered the following amendment; which was not agreed to, viz:
Provided, That the above act shall only remain in force until the fifteenth of May next.
The bill as amended was then engrossed, read a third time, and passed.
Mr. Chambers, from the Committee on Military Affairs, reported
A bill to authorize the President to establish additional military courts,
with a recommendation that it do pass.
The question being on postponing the bill and placing it upon the Calendar,
It was decided in the negative.
Mr. Gray moved to amend the bill as follows, viz: After the word "field," in the fifth line, insert "and also one for each State within a military department."
Mr. Gray called the question; which was ordered, and the amendment was agreed to.
The bill as amended was then engrossed, read a third time, and passed.
Mr. Conrad, under a suspension of the rules, reported back from the Committee on Naval Affairs a Senate joint resolution (S. 22) for the benefit of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi, with an amendment in the nature of a substitute.
The amendment was read as follows, viz:
Resolved by the Congress of the Confederate States, That the Secretary of the Treasury be directed to cause the claim of Zedekiah McDaniel and Francis M. Ewing for compensation for having, by means of a torpedo invented and used by them, sunk the steam gunboat Cairo in the Yazoo River, on or about the twelfth day of December, eighteen hundred and sixty-two, to be adjusted under the provisions of the act entitled "An act to amend an act to recognize the existence of war between the United States and the Confederate States," approved April twenty-first, eighteen hundred and sixty-one.
The question being on postponing and placing the joint resolution on the Calendar,
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It was decided in the negative.
The joint resolution as amended was then read a third time and passed.
Mr. Conrad, under a suspension of the rule, reported back from the Committee on Naval Affairs
A bill to amend an act entitled "An act to establish a volunteer navy," approved April 18, 1863,
with a recommendation that it do pass without amendment.
The question being on postponing the bill,
It was decided in the negative.
The bill was then read a third time and passed.
Mr. Clapp, from the Committee on Claims, reported joint resolution for the relief of Mary C. Morgan, John McKown, and Samuel McKown; which was read first and second times.
The question being on postponing the joint resolution,
It was decided in the negative.
The joint resolution was then engrossed, read a third time, and passed.
Mr. Miles, from the Committee on Military Affairs, reported back a memorial of the armorers of the Confederate States Armory at Richmond, with a recommendation that it be referred to the Committee on the Ordnance Department; which was agreed to.
Mr. Simpson, from the Committee on Claims, reported back a memorial from detailed soldiers employed as clerks in the Quartermaster's Department, praying an increase of compensation, with a recommendation that it be referred to the Committee on Ways and Means; which was agreed to.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows:
Mr. Speaker: The Senate have passed, without amendment, a joint resolution of this House of the following title, viz:
The Senate have passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
The Senate have also passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
On motion of Mr. Gartrell,
The House then resolved itself into secret session; and having spent some time therein, resumed business in open session.
Mr. Barksdale moved that the House adjourn; which motion was lost.
On motion of Mr. Jones,
The House took a recess until half past 7 o'clock.
Having reassembled,
The Chair laid before the House a Senate bill (S. 204) to provide and organize a general staff for armies in the field, to serve during the war; which was referred to the Committee on Military Affairs.
The Chair also laid before the House a Senate bill (S. 208) to provide compensation for officers who may heretofore have performed
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staff duty under orders of their superior officers; which was referred to the Committee on Military Affairs.
On motion of Mr. Gartrell,
The House then resolved itself into secret session; and having spent some time therein, resumed business in open session.
On motion of Mr. Miles,
The House adjourned until to-morrow at 11 o'clock a. m.
SECRET SESSION.
The House being in secret session,
Mr. Jones moved that the special order be postponed to enable him to report certain bills from the Committee on Ways and Means.
The motion was agreed to, and
Mr. Jones, from the Committee on Ways and Means, reported
A bill to authorize the shipment of cotton and tobacco by the Treasury Department;
which was read a first and second time.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The House then resolved itself into Committee of the Whole for the purpose of considering said bill, Mr. McRae in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that the committee had had the matter referred to them under consideration, and recommended that the bill do pass without amendment.
Mr. Jones called the question; which was ordered, and the bill was engrossed, read a third time, and passed.
Mr. Jones, from the same committee, also reported
A bill to declare the construction of the fifth paragraph of the eighth section of the tax act;
which was read a first and second time, postponed, and placed upon the Calendar.
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. Lewis submitted the following amendment:
Insert as an independent paragraph, to come in before paragraph 5 of section 4:
"Nothing in this act shall be so construed as to prevent any State in the organization of its military force for home defense from enrolling, forming into companies, and keeping drilled all persons exempted and detailed by the action of Congress or the President: Provided, That railroad employees and civil officers of the States or Confederate Government exempted by law shall not be subject to the operation of this section."
The amendment of Mr. Lewis was lost.
Mr. Chambers moved to reconsider the vote by which the amendment of Mr. Smith of North Carolina, at the end of paragraph 4, was agreed to.
The motion prevailed.
Mr. Smith of North Carolina moved to amend his amendment by striking out the word "wholly."
The amendment was agreed to.
The question recurring on the amendment as amended,
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Mr. Johnston demanded the yeas and nays; which were not ordered, and the amendment as amended was agreed to.
Mr. Hanly moved to amend the fifth paragraph by striking out, in line 63, the word "Provided."
The amendment was agreed to.
Mr. Holcombe submitted the following amendment:
Before the word "that," in line 63, insert the following:
"No farmer or planter engaged on the fifth of January, in the year eighteen hundred and sixty-four, in the production of grain and provisions, either by his own manual labor or in superintending the labor of others, shall be embraced in the operations of this act: Provided, The exemption herein contemplated is granted subject to the following conditions:
Mr. Heiskell called the question; which was ordered.
Upon which Mr. Holcombe demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Bell, Boyce, Bridgers, Horatio W. Bruce, Chambers, Clapp, Clark, Collier, Conrad, Davidson, De Jarnette, Foster, Gaither, Goode, Hartridge, Heiskell, Hilton, Holcombe, Ingram, Jones, Lewis, Lyons, Miles, Preston, Sexton, Smith of Alabama, Smith of North Carolina, Staples, Swan, Wright of Georgia, and Mr. Speaker.
Nays: Boteler, Chilton, Clopton, Crockett, Curry, Dargan, Dupré, Elliott, Ewing, Farrow, Funsten, Garland, Gartrell, Graham, Gray, Hanly, Johnston, Kenan of North Carolina, Lander, Machen, Martin, McLean, McQueen, McRae, Miller, Munnerlyn, Pugh, Ralls, Singleton, Strickland, Villeré, Welsh, Wilcox, and Wright of Texas.
So the amendment was lost.
Mr. Miles submitted the following amendment:
Add at the end of the fifth paragraph the following as an additional clause:
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Mr. Chambers moved to amend the amendment by adding thereto the following:
Provided further, That this exemption shall not extend to any one liable to conscription who has joined such fire company since the first of December, eighteen hundred and sixty-three.
The amendment to the amendment was agreed to.
The question recurring on the amendment of Mr. Miles, as amended,
Mr. Clark demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Bell, Boteler, Boyce, Chilton, Collier, Crockett, Curry, Dargan, Farrow, Gartrell, Graham, Hartridge, Heiskell, Hilton, Ingram, Jones, Kenan of North Carolina, Lewis, Lyons, McQueen, Miles, Sexton, Simpson, Strickland, and Villeré.
Nays: Baldwin, Barksdale, Bridgers, Chambers, Clark, Clopton, Conrad, Davidson, De Jarnette, Dupré, Elliott, Ewing, Foote, Funsten, Gaither, Goode, Hanly, Holcombe, Holder, Johnston, Lander, Martin, McRae, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Welsh, Wilcox, and Wright of Texas.
So the amendment as amended was lost.
Mr. Hartridge submitted the following amendment:
Add at the end of section 4 the following as an additional clause:
"And be it further enacted, That there shall be exempted from military service, under the provisions of this act, the white officers of any fire company organized and in existence in any city of the Confederate States on the first day of January, eighteen hundred and sixty-four, and composed of free persons of color and slaves: Provided, Not more than three officers shall be exempted for each company: And provided further, That the persons claiming this exemption were officers of such companies on the first day of November, eighteen hundred and sixty-three."
The amendment was agreed to.
Mr. Pugh submitted the following amendment:
Strike out, in section 5, the words "That the President be, and he is hereby, authorized to grant details, under general rules and regulations to be issued from the War Department, either from persons between forty-five and fifty years of age, or from the army in the field, in all cases where, in his judgment, justice, equity, and necessity require that he should make such details, and he may revoke such order of details," and insert in lieu thereof the following, viz: "In addition to the foregoing exemptions, the Secretary of War, under the direction of the President, shall exempt or detail such other persons as he may be satisfied ought to be exempted on account of public necessity; and to insure the production of grain and provisions for the Army and nonproducers, he shall grant exemptions or details on such terms as he may prescribe to such overseers, farmers, or planters as he may be satisfied will be more useful to the country in the pursuit of agriculture than in the military service: Provided, Such exemptions shall cease whenever the farmer, planter, or overseer shall fail diligently to employ in good faith his own skill, capital, and labor exclusively in the production of grain and provisions, to be sold to the Government and nonproducer at prices not exceeding those fixed at the time for like articles by appraisers of the vicinage under the authority of the law imposing the tax in kind or the law regulating impressments."
Mr. Dupré demanded the previous question.
Upon which Mr. Conrad demanded the yeas and nays;
Which were ordered,
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Yeas: Arrington, Atkins, Barksdale, Boteler, Boyce, Horatio W. Bruce, Clapp, Clark, Clopton, Conrow, Crockett, Dargan, Dupré, Ewing, Foote, Foster, Gaither, Garland, Gartrell, Goode, Hanly, Hartridge, Heiskell, Hilton, Holder, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, Martin, McLean, McQueen, McRae, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Singleton, Smith of Alabama, Staples, Strickland, Swan, Villeré, Welsh, Wright of Georgia, and Wright of Texas.
Nays: Ashe, Baldwin, Bridgers, Chambers, Chilton, Collier, Conrad, Curry, Davidson, De Jarnette, Farrow, Funsten, Graham, Holcombe, Ingram, Johnston, Menees, Sexton, Simpson, Smith of North Carolina, and Wilcox.
Two-thirds having voted in the affirmative, the main question was seconded.
The question being on the amendment of Mr. Pugh,
It was decided in the affirmative.
The question recurring on ordering the bill as amended to a third reading,
It was decided in the affirmative.
The bill having been read a third time,
Mr. Curry moved to reconsider the vote by which it was ordered to a third reading.
Mr. Heiskell called the question; which was ordered, and the motion to reconsider prevailed.
Mr. Curry moved to amend the bill by striking out the whole thereof and inserting the bill as amended, with the words "Niter and Mining Bureau" stricken out, wherever they occur, as a substitute, and called the question; which was ordered.
The amendment of Mr. Curry was agreed to.
Mr. Bridgers rose to a point of order, viz:
That the sixth, seventh, and eighth sections of the bill had not been read.
The Chair overruled the point of order.
Mr. Jones appealed from the decision of the Chair.
Mr. Sexton moved to lay the appeal on the table.
Upon which Mr. Jones demanded the yeas and nays; which were not ordered, and the motion to lay on the table prevailed.
Mr. Atkins moved to reconsider the vote by which the amendment of Mr. Curry was agreed to.
Mr. Clark demanded the previous question.
The demand was seconded.
The question being on the motion of Mr. Atkins to reconsider,
Mr. Atkins demanded the yeas and nays:
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Barksdale, Bridgers, Collier, Conrad, Conrow, Davidson, Ewing, Farrow, Funsten, Gaither, Gartrell, Hilton, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lyons, McQueen, Menees, Miller, Preston, Ralls, Sexton, Singleton, Smith of North Carolina, Villeré, Welsh, Wilcox, and Mr. Speaker.
Nays: Baldwin, Boteler, Horatio W. Bruce, Chambers, Chilton, Clapp, Clark, Clopton, Curry, De Jarnette, Dupré, Foote, Foster,
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Garland, Goode, Gray, Hanly, Hartridge, Heiskell, Holcombe, Lewis, Lyon, Machen, Martin, McLean, McRae, Miles, Perkins, Pugh, Russell, Simpson, Staples, Strickland, and Swan.
So the motion to reconsider was lost.
The question recurring on ordering the bill as amended to a third reading,
It was decided in the affirmative.
The bill having been read a third time,
Mr. Foster called the question; which was ordered.
The question being on the passage of the bill,
Mr. Atkins demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Boteler, Chilton, Clark, Clopton, Conrow, Crockett, Dargan, De Jarnette, Farrow, Funsten, Garland, Gartrell, Goode, Hartridge, Heiskell, Hilton, Holcombe, Johnston, Lewis, Lyon, Lyons, Machen, Martin, McLean, McRae, Miles, Miller, Munnerlyn, Perkins, Pugh, Russell, Sexton, Simpson, Singleton, Strickland, Swan, Villeré, Welsh, and Mr. Speaker.
Nays: Arrington, Atkins, Baldwin, Bridgers, Horatio W. Bruce, Chambers, Clapp, Collier, Conrad, Curry, Davidson, Dupré, Ewing, Foote, Foster, Gaither, Gray, Hanly, Holder, Ingram, Jones, Kenan of North Carolina, Lander, McQueen, Menees, Preston, Ralls, Smith of North Carolina, Staples, and Wilcox.
So the bill was passed.
Mr. Hartridge moved to reconsider the vote just taken, and called the question; which was ordered, and the motion to reconsider was lost.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 194) entitled "An act to organize bodies for the capture and destruction of the enemy's property, by land or sea, and to authorize compensation for the same;" in which I am directed to ask the concurrence of this House.
The House then, on motion of Mr. Barksdale, resolve itself into open session.
Being again in secret session.
The Chair laid before the House a Senate bill (S. 194) to organize bodies for the capture and destruction of the enemy's property, by land or sea, and to authorize compensation for the same; which was read a first and second time and referred to the Committee on Military Affairs.
The pending special orders having been postponed on motion of Mr. Gartrell,
Mr. Gartrell, by consent, from the Committee on the Judiciary, to whom had been referred
A bill to authorize the suspension of the writ of habeas corpus, 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. Gartrell, from the same committee, reported a bill of the same title, with the recommendation that it do pass.
The bill having been read a first and second time,
Mr. McRae called the question; which was ordered.
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The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Dupré moved to suspend, during the discussion of this bill, the rule limiting debate to ten minutes.
Upon which Mr. Baldwin demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Atkins, Baldwin, Bell, Horatio W. Bruce, Chambers, Chilton, Curry, Davidson, Dupré, Farrow, Funsten, Garland, Gartrell, Graham, Gray, Hartridge, Hilton, Holcombe, Johnston, Lyon, Miles, Miller, Preston, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Staples, and Villeré
Nays: Arrington, Barksdale, Boteler, Bridgers, Clapp, Clark, Clopton, Conrad, Conrow, Crockett, Dargan, Ewing, Foster, Gaither, Goode, Hanly, Heiskell, Holder, Ingram, Jones, Kenan of North Carolina, Lander, Lewis, Machen, McLean, McQueen, McRae, Menees, Munnerlyn, Perkins, Pugh, Ralls, Singleton, Strickland, Swan, Welsh, and Wright of Texas.
So the motion to suspend the rules was lost.
Mr. Atkins moved that the House resolve itself into open session for the purpose of considering this bill.
Upon which Mr. Baldwin demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Bell, Bridgers, Clopton, Curry, Davidson, Dupré, Foote, Foster, Gaither, Garland, Graham, McQueen, Menees, Preston, Sexton, Smith of Alabama, Smith of North Carolina, Staples, and Mr. Speaker.
Nays: Arrington, Ashe, Barksdale, Boteler, Horatio W. Bruce, Chambers, Chilton, Clapp, Clark, Conrad, Conrow, Crockett, Dargan, Ewing, Funsten, Gartrell, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McLean, McRae, Miles, Miller, Munnerlyn, Perkins, Pugh, Ralls, Russell, Simpson, Singleton, Strickland, Swan Villeré, Welsh, and Wright of Texas.
So the motion was lost.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed a bill of this House of the following title, viz:
With sundry amendments; in which I am directed to ask the concurrence of this House.
The House,
On motion of Mr. Miles,
Resolved itself into open session.
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