| 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 --FIFTY-FIRST DAY--FRIDAY, February 5, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Duncan.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: 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 passed, without amendment, joint resolutions of this House of the following titles, viz:
Mr. Hartridge moved that the House resolve itself into secret session.
Mr. Foote demanded the yeas and nays thereon;
Which were ordered,
Yeas: Barksdale, Chambers, Chilton, Chrisman, Clapp, Clopton, Conrad, Dargan, Ewing, Foster, Hartridge, Hilton, Johnston, Jones, Kenan of North Carolina, Lewis, Lyon, Lyons, Machen, Munnerlyn, Perkins, Pugh, Ralls, Russell, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Ashe, Baldwin, Bell, Boteler, Boyce, Horatio W. Bruce, Davidson, De Jarnette, Dupré, Farrow, Foote, Gaither, Garland, Goode, Gray, Hanly, Holder, Ingram, McLean, McQueen, Menees, Miles, Preston, Sexton, Smith of Alabama, Smith of North Carolina, Staples, and Villeré.
So the motion was lost.
Mr. Boteler moved to suspend the rule requiring the call of the States for bills, resolutions, memorials, etc., for the purpose of taking up for consideration the bill to provide payment for horses lost in the service.
The motion was lost.
Mr. Foote, under a suspension of the rules, introduced
A joint resolution of thanks to the officers and men of McClung's battery;
which was read a first and second time.
Mr. Foote moved that the rule be suspended requiring the joint resolution to be referred to a committee.
The motion prevailed, and the joint resolution was engrossed, read a third time, and passed unanimously.
Mr. H. W. Bruce presented certain resolutions adopted by a convention of Kentucky soldiers and refugees at Dalton, Ga., on the 20th January, 1864; which were referred to the Committee on Military Affairs.
Mr. H. W. Bruce offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Medical Department be instructed to inquire into the propriety and practicability of establishing neutral hospitals at the most
Page 759 | Page image
important prison depots in the Confederate States and the United States, under such rules and regulations as may be agreed on between the commissioners for the exchange of prisoners of the respective Governments, permitting surgeons of one Government to remain at such prison depots in the other.
Mr. Chilton presented the memorial of certain members of Battle's brigade, Alabama troops, asking Congress to grant them the privilege of reorganization and reelection of officers, without consolidating regiments or companies, or in any way disturbing the identity of the same; which was referred to the Committee on Military Affairs.
Mr. Heiskell presented the proceedings of a meeting of part of the directors of the East Tennessee and Virginia Railroad, held at Jonesboro on the 25th January, 1864; which were referred to the Committee on the Quartermaster's and Commissary Departments and Military Transportation.
Mr. Foster presented the memorial of J. E. Johnson, asking compensation for the loss of his steamboat, the William B. Terry (captured by the enemy); which was referred to the Committee on Claims.
Mr. Boyce presented the memorial of Captain Hewetson, asking relief in relation to certain money captured by the enemy; which was referred to the Committee on Claims.
Also, the memorial of the Press Association of the Confederate States of America, asking that editors may be exempt from conscription; which was referred to the Committee on Military Affairs.
Mr. Chambliss introduced
A bill for the establishment and equalization of grades of officers of the Navy of the Confederate States; which was read a first and second time and referred to the Committee on Naval Affairs.
Mr. Curry presented the petition of officers of the Tenth Alabama Regiment, asking that officers of war regiments be placed on the same footing as to transportation on furlough with officers of twelve months' regiments; which was referred to the Committee on the Quartermaster's and Commissary Departments.
Mr. Machen presented the petition of Lewis L. Youell, of Kentucky, asking that compensation be allowed to the officers and men of Corbin's and Lessie's companies, Kentucky troops, for their horses, arms, accouterments, and clothing (captured by the enemy); which was referred to the Committee on Claims.
Mr. Foote introduced
A joint resolution of thanks to the officers and men of the First Tennessee Regiment;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Strickland presented joint resolutions of the Georgia legislature, requesting the passage of a law giving detailed soldiers the same pay as other persons employed in the same business; which was referred to the Committee on Military Affairs.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Strickland presented the petition of detailed soldiers in the shoe factory at Richmond, asking increased compensation; which was referred to the Committee on Military Affairs.
Page 760 | Page image
Mr. Bridgers presented the petition of route agents in the service of the Post-Office Department, asking increased compensation; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Smith of North Carolina offered the following resolution; which was agreed to, viz:
Resolved, That the President be requested to communicate to the House the distribution of hospitals in and near the city of Richmond among the several States, and the names and places from which appointed of the several surgeons in charge of each hospital, and their assistant surgeons.
Mr. Lewis introduced
A joint resolution in relation to the thanks of Congress to the soldiers; which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Miles, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 204) to provide and organize a general staff for armies in the field, to serve during the war, reported back the same, with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Chambers moved the previous question.
Upon which Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Bell, Boteler, Boyce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Conrow, Crockett, Curry, De Jarnette, Ewing, Farrow, Foote, Gaither, Garland, Gray, Hanly, Hartridge, Heiskell, Ingram, Lewis, Lyon, Machen, Martin, McQueen, McRae, Menees, Miles, Preston, Pugh, Staples, Strickland, Swan, Vest, Villeré, Welsh, and Wilcox.
Nays: Atkins, Baldwin, Bridgers, Clark, Clopton, Conrad, Davidson, Dupré, Foster, Funsten, Gartrell, Goode, Hilton, Holcombe, Holder, Jones, Lander, McLean, Munnerlyn, Ralls, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, and Wright of Texas.
Two-thirds not voting in the affirmative, the main question was not ordered.
Mr. Hartridge moved that the House resolve itself into secret session.
The motion prevailed.
Having spent some time in secret session,
The House resumed business in open session.
Mr. Foote moved that the House adjourn.
Upon which motion Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Barksdale, Bell, Boteler, Horatio W. Bruce, Chilton, Clark, Clopton, De Jarnette, Dupré, Farrow, Foote, Garland, Gartrell, Graham, Gray, Hanly, Hartridge, Holcombe, Johnston, Kenan of North Carolina, Lyon, Lyons, McQueen, McRae, Miller, Preston, Pugh, Sexton, Simpson, Staples, Vest, Wilcox, and Wright of Texas.
Nays: Atkins, Bridgers, Chambers, Chrisman, Clapp, Conrad, Conrow,
Page 761 | Page image
Curry, Dargan, Ewing, Foster, Funsten, Goode, Heiskell, Hilton, Ingram, Jones, Lander, Lewis, Machen, Martin, McLean, Miles, Munnerlyn, Perkins, Ralls, Russell, Singleton, Smith of North Carolina, Strickland, Swan, Villeré, and Welsh.
So the motion to adjourn prevailed, and
The House adjourned until to-morrow morning at 11 o'clock.
SECRET SESSION
The House being in secret session,
The Chair laid before the House a bill of the House to tax, fund, and limit the currency; which had been returned from the Senate with sundry amendments.
On motion of Mr. Boyce, the bill and amendments were referred to the Special Committee on the Currency and the amendments ordered to be printed.
The House then resumed the consideration of the unfinished business of yesterday; which was the bill to authorize the suspension of the writ of habeas corpus.
Mr. Pugh submitted the following amendment (in the nature of a substitute;)
Whereas a portion of each of the Confederate States has been invaded and occupied by the armies of the United States, and it is manifest that they are preparing for the invasion of, and if possible to subjugate the remainder; and
Whereas instances of submission to the power of the enemy, and adherence to their Government and cause, have occurred in the Confederate States, and of aid and comfort being rendered to them by citizens thereof; and
Whereas it is known to be a settled purpose of the enemy to incite insurrection among our slaves, and to encourage rebellion against the Confederate Government by disloyal persons in the Confederate States: Therefore,
The Congress of the Confederate States of America do enact, That until sixty days after the meeting of the next Congress, the privilege of the writ of habeas corpus be, and is hereby, suspended in the following cases in the Confederate States:
In all cases in which a person shall be in custody upon a charge or suspicion founded upon reasonable or probable cause supported by affidavit--
1. Treason. 2. Misprision of treason. 3. Treasonable or unlawful intercourse with the public enemy. 4. Acts affording aid and comfort to the public enemy in prosecution of the war. 5. Aiding or inciting insurrection of slaves. 6. Aiding or inciting rebellion against the constituted authorities of the Confederate States. 7. Resisting by force the lawful performance of his duty any officer authorized to execute the law subjecting persons to military service in the Confederate Army. 8. Harboring any deserter, or encouraging desertion rom the Confederate Army, or resisting by force or otherwise the arrest of any deserter. 9. In all cases where the person is arrested as a spy. 10. In all cases in which a person within the conscript age and not expressly exempted by law (which facts shall be distinctly set forth in the petition for the said writ) is in custody or is held by virtue of any enrollment for or enlistment or engagement in the Army or Navy of the Confederate States, or who, being subject to the rules and articles of war, is confined by one legally acting by authority thereof, or in which a person being arrested as a fugitive from justice is held in custody to be delivered up to the authority of the State from which he has escaped.
Mr. Baldwin submitted the following amendment to the amendment of Mr. Pugh:
Strike out the whole thereof and insert the following:
Page 762 | Page image
Mr. Conrad moved to amend the bill by inserting after the word "persons" the following, viz:
who are in, or by law are liable to be in, the military service of the Confederate States of America, or who are under oath charged with or suspected, on reasonable grounds, of being an alien enemy, or of having committed or designing to commit some act or offense calculated to impair the discipline of the Army, to give aid and comfort to the enemy, to excite rebellion or insurrection, or to interfere with the successful prosecution of the war: Provided, That no order of arrest or detention under this act shall be issued except by the President, the Secretary of War, or in the Trans-Mississippi Department by some general officer.
Mr. Russell moved to amend the bill by inserting between sections 1 and 2 the following, viz:
It is hereby declared that the purpose of Congress in the passage of this act is to provide more effectually for the public safety by the restraint of persons even when the proof is not complete and when the ordinary process of law is insufficient for the public safety, in the following cases and no others:
Mr. Preston moved to recommit the bill and amendments to the Committee on the Judiciary, with instructions to report a bill enumerating or limiting and defining the cases to which the bill will apply.
Mr. Baldwin moved to amend the motion of Mr. Perkins by striking out instructions and inserting in lieu thereof the following:
With instructions--
Mr. Clark moved the previous question; which was seconded.
Page 763 | Page image
The question being on the amendment of Mr. Baldwin to the motion of Mr. Preston to recommit the bill and amendments,
Mr. Baldwin demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Bell, Davidson, Farrow, Foote, Gaither, Jones, Martin, Simpson, and Smith of Alabama.
Nays: Arrington, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clapp, Clark, Clopton, Conrad, Conrow, Crockett, Curry, De Jarnette, Dupré, Elliott, Ewing, Foster, Funsten, Gartrell, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McLean, McQueen, McRae, Miles, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Staples, Strickland, Swan, Vest, Villeré, Welsh, Wilcox, and Wright of Texas.
So the amendment was lost.
The question recurring on the motion of Mr. Preston,
It was decided in the negative.
The question recurring on the amendment of Mr. Russell,
Mr. Gray demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chrisman, Clapp, Clopton, Conrow, Crockett, Curry, Davidson, De Jarnette, Elliott, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Garland, Gartrell, Goode, Gray, Hanly, Hartridge, Hilton, Holcombe, Holder, Ingram, Lewis, Lyon, Lyons, Martin, McLean, McQueen, Menees, Miles, Miller, Munnerlyn, Preston, Pugh, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Staples, Strickland, Swan, Vest, Welsh, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Boyce, Chilton, Clark, Conrow, Dargan, Dupré, Heiskell, Johnston, Jones, Kenan of North Carolina, Lander, Machen, McRae, Perkins, Ralls, Villeré, Welsh, and Wilcox.
So the amendment was agreed to.
The question recurring on the amendment of Mr. Conrad,
It was decided in the negative.
The question recurring on the amendment of Mr. Baldwin to the amendment of Mr. Pugh,
It was decided in the negative.
The question recurring on the amendment of Mr. Pugh,
Mr. Hanly demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Bell, Boteler, Horatio W. Bruce, Chilton, Clopton, Curry, Davidson, De Jarnette, Foote, Funsten, Garland, Hanly, Hartridge, Kenan of North Carolina, Lewis, McLean, McQueen, Menees, Pugh, Ralls, Simpson, Smith of Alabama, Welsh, and Mr. Speaker.
Nays: Arrington, Ashe, Baldwin, Barksdale, Boyce, Bridgers, Chambers, Chrisman, Clapp, Clark, Conrad, Conrow, Crockett, Dargan,
Page 764 | Page image
Dupré, Elliott, Ewing, Farrow, Foster, Gaither, Gartrell, Goode, Graham, Gray, Heiskell, Hilton, Holcombe, Holder, Ingram, Johnston, Jones, Lander, Lyons, Machen, Martin, McRae, Miles, Miller, Munnerlyn, Perkins, Preston, Russell, Sexton, Singleton, Smith of North Carolina, Staples, Strickland, Swan, Vest, Villeré, Wilcox, Wright of Texas.
So the amendment was lost.
The question recurring on ordering the bill to be engrossed and read a third time.
It was decided in the affirmative.
The bill having been engrossed and read a third time,
Mr. Singleton called the question; which was ordered.
The question being put,
Shall the bill pass?
Mr. Gartrell demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Barksdale, Boteler, Boyce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clark, Conrad, Conrow, Crockett, Curry, De Jarnette, Dupré, Elliott, Ewing, Foster, Funsten, Gartrell, Goode, Graham, Gray, Hartridge, Heiskell, Hilton, Holcombe, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McLean, McQueen, McRae, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Staples, Strickland, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Ashe, Atkins, Baldwin, Bell, Bridgers, Clopton, Dargan, Davidson, Farrow, Foote, Gaither, Garland, Hanly, Holder, Jones, Martin, Menees, Simpson, Smith of Alabama, and Smith of North Carolina.
So the bill was passed.
Mr. Singleton Mr. Foote moved to reconsider the vote by which the bill was passed, and called the question; which was ordered, and the motion reconsider was lost.
Mr. Russell moved to amend the title of the bill by striking out the same and inserting in lieu thereof the following, viz:
The amendment was agreed to.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled bills of the following titles, viz:
The House then,
On motion of Mr. Clark,
Resolved itself into open session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |