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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 --FIFTY-SECOND DAY--SATURDAY February 6, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Duncan.
Mr. Foster offered the following resolution; which was unanimously adopted:
Resolved, That Major-General Cadmus M. Wilcox be, and he is hereby, tendered the privilege of a seat in this House during his stay in the city, and the Speaker of this House is requested to inform him of the passage of this resolution.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
The Chair laid before the House a communication from the Secretary of the Treasury; which was read as follows, viz:
Treasury Department, Confederate States of America,
Richmond, February 4, 1864.
Hon. Thos. S. Bocock,
Speaker of House of Representatives, Confederate States of America.
Sir: In answer to a resolution of the House of Representative, adopted on 9th ultimo, asking what progress has been made this Department in collecting the tax imposed by the first section of the tax act of last session, and the amount of same assessed and collected in the cities of Richmond, Augusta, and Mobile, I have the honor to submit herewith a report of the commissioner of taxes, giving the desired information.
I am, very respectfully,C. G. MEMMINGER,
Secretary of Treasury.
The communication and accompanying document were laid upon the table and ordered to be printed.
The Chair also laid before the House a Senate bill (S. 215) to amend an act to authorize the appointment of an agent of the Treasury Department west of the Mississippi, approved January 27, 1864; which was read a first and second time.
The rule requiring the bill to be referred to a committee having been suspended, it was read a third time and passed.
The House then resumed the consideration of the unfinished business of yesterday; which was the bill the bill of the Senate bill (S. 204) to provide and organize a general staff for armies in the field, to serve during the war.
Mr. Clark moved that the consideration of the bill be indefinitely postponed.
Mr. Hilton called the question; which was ordered.
Mr. Miles demanded the yeas and nays thereon;
Which were ordered,
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Yeas: Arrington, Ashe, Boyce, Bridgers, Chrisman, Clapp, Clark, Clopton, Conrad, Crockett, Curry, De Jarnette, Dupré, Elliott, Ewing, Foster, Garland, Gartrell, Hilton, Holder, Ingram, Jones, Machen, McLean, Munnerlyn, Preston, Smith of Alabama, Smith of North Carolina, Strickland, and Wright of Texas.
Nays: Baldwin, Barksdale, Boteler, Horatio W. Bruce, Conrow, Dargan, Davidson, Farrow, Funsten, Gaither, Goode, Graham, Hanly, Hartridge, Heiskell, Holcombe, Johnston, Kenan of North Carolina, Lewis, Martin, Menees, Miles, Miller, Perkins, Ralls, Russell, Sexton, Simpson, Villeré, and Wilcox.
So the bill was indefinitely postponed.
Mr. Miles, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 208) to provide compensation for officers who may heretofore have performed staff duty under orders of their superior officers, reported back the same, with the recommendation that it do pass.
The question being on postponing the bill,
It was decided in the negative.
The bill was then read a third time and passed.
Mr. Jones moved to reconsider the vote by which the bill was passed, and called the question; which was ordered.
The motion to reconsider did not prevail.
Mr. Chambers, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 161) to repeal an act entitled "An act to regulate the destruction of property under military necessity, and to provide for the indemnity thereof," reported back the same, with the recommendation that it do pass.
The question being on postponing,
It was decided in the negative.
Mr. Conrad moved that the consideration of the bill be indefinitely postponed.
Mr. Chambers demanded the yeas and nays thereon;
Which were ordered,
Yeas: Arrington, Baldwin, Bell, Boteler, Boyce, Horatio W. Bruce, Chilton, Chrisman, Clapp, Clark, Clopton, Conrad, Conrow, Curry, Dargan, Davidson, De Jarnette, Dupré, Ewing, Farrow, Gaither, Gartrell, Goode, Hartridge, Heiskell, Hilton, Holcombe, Johnston, Jones, Kenan of North Carolina, Lander, Lyon, Lyons, Machen, Martin, McLean, McQueen, McRae, Menees, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Simpson, Staples, Strickland, Swan, Vest, Villeré, and Welsh.
Nays: Ashe, Barksdale, Bridgers, Chambers, Foote, Foster, Funsten, Garland, Graham, Gray, Hanly, Holder, Ingram, Singleton, Smith of Alabama, Smith of North Carolina, and Wilcox.
So the motion to postpone indefinitely prevailed.
Mr. Wilcox, from the same committee, to whom had been referred
A bill to authorize the President to appoint quartermasters and commissaries to armies, corps, and divisions, and to fix their rank, 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.
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The bill was engrossed and read a third time.
And the question being put,
Shall the bill pass?
Mr. Ewing demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Barksdale, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Conrad, De Jarnette, Dupré, Farrow, Funsten, Garland, Goode, Graham, Heiskell, Hilton, Holcombe, Johnston, Lyon, Martin, McQueen, McRae, Menees, Miles, Munnerlyn, Ralls, Russell, Simpson, Staples, Swan, Wilcox, and Wright of Texas.
Nays: Arrington, Baldwin, Chilton, Chrisman, Clapp, Clark, Clopton, Conrow, Crockett, Curry, Davidson, Elliott, Ewing, Foote, Foster, Gaither, Gartrell, Hartridge, Holder, Ingram, Jones, Lewis, Lyons, Machen, Perkins, Preston, Pugh, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Vest, Welsh, and Mr. Speaker.
So the bill was lost.
Mr. Chambers, from the same committee, to whom had been referred
A bill to repeal the laws allowing commutation for forage, fuel, room rent, etc., not actually used or needed by officers of the Army, and for other purposes,
reported back the same, with the recommendation that it do pass with sundry amendments.
The question being on postponing the bill,
It was decided in the negative.
The first amendment of the committee was read and agreed to as follows, viz:
In section 1, line 5, after the word "else," insert the words "not actually needed for his own personal use."
Mr. Baldwin moved to recommit the bill and amendments to the Committee on Military Affairs; which motion prevailed.
Mr. Barksdale, under a suspension of the rules, introduced
A joint resolution of thanks to the Tenth Mississippi Regiment; which was read a first and second time.
The rule having been suspended requiring the joint resolution to be referred to a committee, it was engrossed, read a third time, and passed unanimously.
To the honorable Speaker of the House of Representatives.
Mr. Speaker: On the 3d instant the President approved and signed the following acts:
Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., February 6, 1864.
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 (H. R. 90) to make additional appropriations for the support of the Government of the Confederate States of America for the fiscal year ending June 30, 1864, with sundry amendments; in which I am directed to ask the concurrence of this House.
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The Senate have passed the following bills, viz:
In which I am directed to ask the concurrence of this House.
The Chair laid before the House a communication from the President; which was read as follows, viz:
Richmond, Va., February 5, 1864.
To the House of Representatives:
In response to your resolution of the 25th ultimo, I herewith transmit for your information a communication from the Secretary of War relative to the steps taken to carry out the provisions of the act of Congress "relative to the arrest and disposition of slaves who have been recaptured from the enemy."
JEFFERSON DAVIS.
The communication and accompanying documents were laid upon the table and ordered to be printed.
The Chair also laid before the House another communication from the President; which was read as follows, viz:
Richmond, Va., February 5, 1864.
To the House of Representatives:
I herewith transmit communications from the Secretaries of the Treasury and of War, which convey the information asked for in your resolution of the 13th ultimo, relative to the amount of money forwarded to the Trans-Mississippi Department since the adjournment of Congress, and to the adjustment of claims against the Government for articles illegally impressed and not paid for at the time.
JEFFERSON DAVIS.
The communication and accompanying documents were laid upon the table and ordered to be printed.
The Chair also laid before the House
H. R. 90. A bill to make additional appropriations for the support of the Government of the Confederate States of America for the fiscal year ending June 30, 1864;
which had been returned from the Senate with sundry amendments.
The bill and amendments were referred to the Committee on Ways and Means.
The House then, on motion of Mr. Curry, resolved itself into secret session; and having spent some time therein, again resolved itself into open session, and
On motion of Mr. Machen,
Adjourned until 11 o'clock Monday.
SECRET SESSION.
The House being in secret session,
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled a bill of the following title:
And the Speaker signed the same.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 209) to establish a bureau of foreign supplies; in which I am directed to ask the concurrence of this House.
The Chair laid before the House a Senate bill (S. 209) to establish a bureau of foreign supplies; which was read a first and second time and referred to the Committee on Ways and Means.
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Mr. Curry moved that the special orders be postponed to enable him to make a report from the Special Committee on the Exchange of Prisoners.
Mr. Dupré called the question; which was ordered.
Mr. Heiskell demanded the yeas and nays; which were not ordered, and the motion to postpone prevailed.
Mr. Curry, by consent, from the Special Committee on the Exchange of Prisoners, to whom had been referred
A joint resolution in reference to the exchange of prisoners,
with sundry amendments, reported back the same, with the recommendation that the committee be discharged from their further consideration, and that they do lie upon the table; which was agreed to.
Mr. Curry, from the same committee, reported
A joint resolution in reference to the exchange of prisoners,
with the recommendation that it do pass.
The question being on postponing the joint resolution and placing it on the Calendar,
It was decided in the negative.
Mr. Perkins, from the same committee, submitted a minority report, and an amendment to the joint resolution (in the nature of a substitute); which was read as follows, viz:
Whereas during the present war the Confederate Government has always desired to observe the humane practice of exchanging prisoners according to the usage of modern warfare between civilized nations, and, in order to obtain the consent of the enemy to a cartel of exchange, has repeatedly submitted to inconvenience and injustice, resulting from the enemy's violation of agreements and refusal to make others whenever equitable exchanges were supposed to their disadvantage; and
Whereas during the last few months the enemy having, by the fortune of war, obtained a greater number of captives than he has lost, has again, upon various pretext, interrupted the practice of exchange under the existing cartel and has indicated that such practice is not to be resumed unless our slaves and other negroes captured by the Confederate armies be admitted to equal privileges and exchanged man for man with white men as prisoners of war, notwithstanding such slaves and other negroes have been armed and employed in war against their masters, with the avowed purpose of emancipating all negro slaves and of protecting them in insurrection; and
Whereas the enemy has recently appointed Major-General Benjamin F. Butler agent to negotiate an exchange, notwithstanding the said Butler had, long before his appointment, been denounced in a proclamation of the President of the Confederate States as a felon, deserving death, and not entitled, if captured, to the treatment due to prisoners of war, but to be put to death by hanging whenever captured, because of his many lawless barbarities toward citizens of the Confederate States who had fallen under his power; and
Whereas the President has declined to recognize the said Butler as such agent of exchange, and Congress is informed that the enemy, in order to compel such recognition, has collected a great number of the prisoners in his possession and placed them under the command of said Butler so as to make it appear from all the circumstances that the said Butler was appointed not with a view to facilitate exchanges of prisoners on fair and equitable terms and in accordance with the cartel, but rather to interpose a new obstacle and to dishonor this Confederacy by forcing its admission of said Butler to the privileges accorded to an agent of exchange in a manner to dishonor our Government without procuring the release of our gallant, patriotic, and unhappy fellow-citizens now confined in the prisons of the enemy:
The Congress of the Confederate States do resolve:
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Mr. Singleton called the question.
Mr. Foote demanded the previous question; which was ordered.
The question being on the amendment of Mr. Perkins,
Mr. Heiskell demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Chilton, Conrow, Dupré, Elliott, Gartrell, Heiskell, Lander, Lewis, Machen, McQueen, McRae, Miles, Perkins, Pugh, Russell, Swan, and Vest.
Nays: Arrington, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chrisman, Clapp, Clark, Clopton, Conrad, Crockett, Curry, Davidson, De Jarnette, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Garland, Goode, Gray, Hanly, Hartridge, Hilton, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lyon, Lyons, Martin, McLean, Menees, Miller, Munnerlyn, Preston, Ralls, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Villeré, Welsh, Wilcox, and Wright of Texas.
So the amendment was lost.
The question recurring on ordering the joint resolution to be engrossed and read a third time,
It was decided in the affirmative.
The joint resolution having been engrossed and read a third time,
Mr. Curry called the question; which was ordered.
The question being put,
Shall the joint resolution pass?
Mr. Heiskell demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clopton, Conrad, Crockett, Curry, Davidson, De Jarnette, Ewing, Farrow, Foote, Foster, Funsten, Gaither, Garland, Goode, Gray, Hanly, Hartridge, Hilton, Holder, Ingram, Johnston, Jones, Kenan of North Carolina, Lyon, Lyons, Martin, McLean, Menees, Miles, Munnerlyn, Preston, Pugh, Ralls, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Villeré, Welsh, and Wilcox.
Nays: Baldwin, Clark, Conrow, Dupré, Elliott, Gartrell, Heiskell, Lander, Lewis, Machen, McRae, Miller, Perkins, Swan, and Vest.
So the joint resolution was passed.
Mr. Curry moved to reconsider the vote just taken, and called the question; which was ordered, and the motion to reconsider was lost.
Mr. Heiskell rose to a privileged question, and submitted a paper; which was read as follows, viz:
To the Speaker of the House of Representatives.
Sir: The action of the House on the subject of exchange of prisoners having been such as I can not approve, and this without any prospect of bringing about any arrangement for exchange, but in my belief with a direct tendency to prevent the very object we profess to desire, I beg leave to tender to this House the resignation of the seat I hold therein.
Very respectfully,J. B. HEISKELL.
The House then proceeded to the consideration of the special order; which was the bill to amend an act entitled "An act to lay taxes for
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the common defense and carry on the Government of the Confederate States," approved April 24, 1863, and resolved itself into Committee of the Whole for the purpose of considering the same, Mr. McRae in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that they had the matter referred to them under consideration and had come to no conclusion thereon.
The House then,
On motion of Mr. Machen,
Resolved itself into open session
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