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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-SEVENTH DAY--FRIDAY, February 12, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
FIFTY-SEVENTH DAY--FRIDAY, February 12, 1864.

OPEN SESSION.

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

Mr. Jones moved that the House take up for consideration the motion, entered by him on yesterday, to reconsider the vote by which the House concurred in the last amendment of the Senate to the bill of the House to make additional appropriations for the support of the Government of the Confederate States of America for the fiscal year ending June 30, 1864.

The motion prevailed, and

Mr. Jones, from the Committee on Ways and Means, submitted the following amendment to the amendment of the Senate:

Add thereto the following, viz:

• "For increased compensation to officers, clerks, and other employees in the legislative and executive departments of the Government, in pursuance of an act approved January thirtieth, eighteen hundred and sixty-four, from January thirtieth to May fifteenth, inclusive, eighteen hundred and sixty-four, as follows:
• "For the House of Representatives of the Confederate States, two thousand two hundred and seventy-five dollars.
• "For the Senate of the Confederate States, two thousands dollars.
• "For the Treasury Department, two hundred and twenty-seven thousand six hundred and sixty-six dollars and sixty-six cents.
• "For the Navy Department, five thousand five hundred and sixty-one dollars and twenty-five cents.
• "For the Department of Justice, three thousand and seventy-five dollars.
• "For the State Department, two thousand two hundred and eleven dollars and seventy-nine cents.
• "For the Post-Office Department, twenty-four thousand three hundred dollars and eighty-two cents.
• "For the private secretary and messenger of the President, five hundred and eighty-seven dollars and ninety-one cents.
• "For deficiency in appropriation for compensation of the private secretary and messenger of the President to December thirty-first, eighteen hundred and sixty-three, four hundred and forty-one dollars and thirteen cents.

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• "For compensation of the agent of the Treasury Department west of the Mississippi River, a chief and disbursing clerk, and nine other clerks, from February first to June thirtieth, eighteen hundred and sixty-four, twelve thousand three hundred and forty-seven dollars and ninety-two cents.
• "For incidental and contingent expenses of the Treasury service west of the Mississippi River, from February first to June thirtieth, eighteen hundred and sixty-four, twenty thousand dollars.
• "For erecting a staircase connecting the first and second floors of the building occupied by the Treasury Department, three thousand dollars.
• "For building a vault in the Treasury Department for the security of the public moneys, fifty thousand dollars.
• "For pay of officers, noncommissioned officers and privates and clerks, including current and extraordinary expenses, in the Bureau of Conscription, four million eight hundred and sixty-eight thousand four hundred and sixty-seven dollars."

Mr. Lyons submitted the following amendment to the amendment of Mr. Jones:

Add the words

"For compensation to the clerks in the office of the chief tax collector of the State of Virginia, five thousand dollars, if so much be necessary."

Mr. Jones moved to lay the amendment of Mr. Lyons on the table; which motion prevailed.

The amendment of Mr. Jones to the amendment of the Senate was agreed to, and the amendment of the Senate, as amended, was concurred in.

Mr. Jones presented the estimates on which his amendment was based; which were laid upon the table and ordered to be printed.

Mr. Staples, from the Committee on Patents, under a suspension of the rules, reported back a bill of the House (H. R. 82) to grant a special copyright to W. J. Hardee and S. H. Goetzel for Hardee's Rifle and Infantry Tactics, and an amendment of the Senate thereto, with the recommendation that the House do not concur in the amendment.

The amendment of the Senate having been read as follows, viz:

Strike out the provision in the second section; which reads as follows, viz: "Provided, nevertheless, That this act shall not be so construed as to have a retroactive operation, so as to prevent the sale of said tactics heretofore printed,"

And the question recurring,

Shall the House concur in the amendment of the Senate?

It was decided in the negative.

Mr. Hartridge moved that the House insist on its disagreement to the Senate amendments to the bill of the House (H. R. 75) to amend an act to regulate impressments, approved March 26, 1863, and to repeal an act amendatory thereof, approved April 27, 1863, and grant the conference asked for by the Senate.

The motion prevailed, and

The Chair appointed as managers at said conference on the part of the House Messrs. Hartridge of Georgia, Staples of Virginia, and Hanly of Arkansas.

Mr. Graham, under a suspension of the rules, introduced

A joint resolution of thanks to the enlisted men of Douglas' (Texas) battery;
which was read a first and second time.

The rule requiring the joint resolution to be referred to a committee having been suspended, it was engrossed, read a third time, and passed unanimously.

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

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

• H. R. 31. Joint resolution of thanks to the Tenth Mississippi Regiment.

The Senate have passed, with an amendment, a bill of this House (H. R. 112) to authorize the President to establish additional military courts.

The Senate have passed bills of the following titles, viz:

• S. 200. An act to confer additional powers upon courts-martial and military courts; and
• S. 203. An act to amend the sixty-fifth article of war;

In which amendment and bills I am directed to ask the concurrence of this House.

Mr. Smith of North Carolina, under a suspension of the rules, introduced

A joint resolution of thanks to the Fifteenth and Twenty-seventh regiments of North Carolina troops;
which was read a first and second time.

The rule having been suspended requiring it to be referred to a committee, the joint resolution was engrossed, read a third time, and passed unanimously.

Mr. Miles moved to suspend the rules, so as to allow all joint resolutions of thanks to troops who have reenlisted for the war to be introduced and considered at any time during the remainder of the session.

The motion prevailed.

Mr. Barksdale, under a suspension of the rules, from the Committee on Printing, reported

A bill to fix the compensation for the publication in the public gazettes of the acts of Congress, including the publication already made of the acts of the last session;
which was read a first and second time.

The question being on postponing the bill,

It was decided in the negative.

Mr. Smith of North Carolina moved to recommit the bill to the Committee on Printing; which motion did not prevail.

Mr. Boyce submitted the following amendment (in the nature of a substitute):

That the Attorney-General be authorized to contract for the publication of the acts of Congress on the best terms he can, in no event to exceed the ordinary rates of printing for private persons.

Mr. Chrisman moved to postpone the bill until Monday next, and make it the special order for that day at 2 o'clock.

The motion was lost.

The question recurring on agreeing to the amendment of Mr. Boyce,

It was decided in the affirmative.

The bill was then engrossed and read a third time.

And the question recurring on its passage,

Mr. Jones demanded the yeas and nays; which were not ordered, and the bill was passed.

Mr. Barksdale moved to amend the title of the bill by striking out the words "including the publication already made of the acts of the last session."

The amendment was agreed to.

Mr. Barksdale, from the same committee, to whom had been referred a Senate bill (S. 178) to provide payment for certain printing therein

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mentioned, done by authority of the two Houses of Congress, 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 having been read a third time, and the question recurring on its passage,

The yeas and nays required by the Constitution were recorded as follows, viz:

It was decided in the affirmative,
• Yeas ... 59
• Nays ... 2

Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clopton, Collier, Conrow, Crockett, Curry, De Jarnette, Ewing, Farrow, Foster, Funsten, Gaither, Garland, Gartrell, Goode, Hanly, Hartridge, Hilton, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, McDowell, McLean, McQueen, McRae, Menees, Miles, Miller, Munnerlyn, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Vest, Villeré, and Welsh.

Nays: Chrisman and Jones.

So the bill was passed.

The title of the bill was read and agreed to.

Mr. Barksdale, from the same committee, reported

A bill supplemental to the several acts in relation to public printing; 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.

Mr. Jones moved to amend the bill by striking out the first section; which reads as follows, viz:

That in lieu of the prices heretofore allowed for printing for the several Departments of the Government, there shall be paid thirty per cent upon the actual cost of typesetting, press work, and ruling and binding; and it shall be the duty of the Superintendent of Public Printing to require a certificate of two disinterested practical printers to accompany the bill presented for work done; said certificate to set forth the actual cost thereof, and no bill shall be paid unless accompanied by such certificate.

On motion of Mr. Chilton, the bill was postponed until to-morrow and ordered to be printed.

Mr. Jones, under a suspension of the rules, introduced

A bill to authorize the payment of mileage and salary to members-elect of the Second Congress of the Confederate States;
which was read first and second times.

The rule having been suspended requiring it to be referred to a committee,

Mr. Hilton called the question; which was ordered, and the bill was engrossed, read a third time, and passed.

The title of the bill was read and agreed to.

Mr. Hilton, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 174) to authorize the issue of certain bonds for payment to the Alabama and Florida Railroad Company, of the State of Florida, reported back the same, with the recommendation that it do pass with an amendment.

The question being on postponing the bill,

It was decided in the negative.

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The question recurring on the amendment of the committee; which is as follows, viz:

In line 4, strike out the word "six" and insert "eight,"

It was decided in the affirmative.

The bill as amended was then read a third time and passed, and the title was agreed to.

Mr. Miles, from the same committee, to whom had been referred a Senate bill (S. 210) to aid any State in communicating with and perfecting records concerning its troops, reported back the same, with the recommendation that it do pass.

The question being on postponing the bill,

It was decided in the negative.

Mr. Smith of North Carolina moved to amend the bill by striking out after the word "war," in line 8, the words
And such officer shall be allowed to purchase for himself supplies from the commissary stores on the same terms with officers of similar rank in the service of the Confederate States and according to the regulations which govern them: Provided, Such supplies shall not exceed those which a colonel of the Confederate States is allowed to purchase.

Mr. Miles called the question; which was ordered.

Upon which Mr. Arrington demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 20
• Nays ... 36

Yeas: Arrington, Atkins, Barksdale, Bridgers, Chilton, Chrisman, Clapp, Collier, Curry, Ewing, Foster Gaither, Gartrell, Jones, Machen, Preston, Pugh, Smith of North Carolina, Staples, and Vest.

Nays: Baldwin, Bell, Boteler, Boyce, Horatio W. Bruce, Chambers, Chambliss, Clark, Clopton, Davidson, De Jarnette, Farrow, Funsten, Goode, Gray, Hanly, Hartridge, Hilton, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Martin, Miles, Munnerlyn, Ralls, Russell, Sexton, Simpson, Smith of Alabama, Swan, Villeré, and Wright of Texas.

So the amendment was lost.

Mr. Baldwin moved to amend the bill by adding at the end thereof the following, viz:
And provided further, That these agents shall be charged with the duty of obtaining from the officers in command of companies final statements of deceased soldiers, to be filed in the Second Auditor's office to facilitate the settlement of such claims.

The amendment was agreed to, and the bill as amended was read a third time and passed.

The title was read and agreed to.

Mr. Miles, from the same committee, to whom had been referred a Senate bill (S. 224) to promote the efficiency of the cavalry of the Provisional Army, and to punish lawlessness and irregularities of any portion thereof, reported back the same, with the recommendation that it do pass with an amendment.

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

It was decided in the negative.

The amendment of the committee was read as follows, viz:

Strike out the third section of the bill, as follows, viz:

• "Sec. 3. That all laws or parts of laws authorizing the organizations of companies

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  or bands of partisan rangers serving as cavalry be, and the same are hereby, repealed, and all companies or bands of said troops now existing shall have the privilege of volunteering for the war and serving with the pay and allowances now allowed by law to regular troops of the Provisional Army, but upon their failure so to volunteer within a reasonable time, they shall be dismounted and placed in the infantry service, and their horses taken for public use, as provided for above."

Mr. Atkins moved to amend the bill by striking out the word "loyal," in the tenth line.

Mr. Chambliss moved that the bill and amendments be indefinitely postponed.

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

The motion was lost.

Mr. Clark called the question; which was ordered.

The question being on the motion of Mr. Chambliss to postpone indefinitely,

Mr. Miles demanded the yeas and yeas;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 41
• Nays ... 27 [26]

Yeas: Ashe, Atkins, Baldwin, Bell, Boteler, Horatio W. Bruce, Chambliss, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Dargan, Davidson, De Jarnette, Ewing, Funsten, Gartrell, Goode, Gray, Hanly, Hartridge, Holcombe, Jones, Kenan of North Carolina, Machen, Martin, McDowell, McLean, McQueen, Menees, Miller, Preston, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Swan, and Vest.

Nays: Arrington, Barksdale, Boyce, Bridgers, Chambers, Curry, Farrow, Foster, Gaither, Garland, Graham, Holder, Ingram, Lander, Lewis, Lyon, Lyons, McRae, Miles, Munnerlyn, Pugh, Ralls, Singleton, Villeré, Welsh, and Wright of Texas.

So the bill and amendments were indefinitely postponed.

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

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

Upon which Mr. Lander demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 45
• Nays ... 21

Yeas: Arrington, Barksdale, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chrisman, Clapp, Clark, Conrad, Curry, De Jarnette, Ewing, Farrow, Funsten, Gartrell, Goode, Hartridge, Hilton, Holcombe, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyons, Machen, McDowell, McLean, McQueen, McRae, Munnerlyn, Pugh, Russell, Simpson, Singleton, Staples, Swan, Vest, Villeré, and Wright of Texas.

Nays: Ashe, Atkins, Baldwin, Chilton, Clopton, Collier, Davidson, Gaither, Garland, Gray, Hanly, Jones, Menees, Miles, Miller, Preston, Ralls, Sexton, Smith of Alabama, Smith of North Carolina, and Welsh.

So the motion prevailed, and

The House resolved itself into secret session; and having spent some time therein, resumed business in open session.

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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 resolutions of this House of the following titles, viz:

• H. R. 118. An act to authorize the purchase and publication of a digest of the laws of the Confederate States;
• H. R. 35. Joint resolution of thanks to Virginia troops stationed at Drewry's Bluff;
• H. R. 36. Joint resolution of thanks to the officers and men of the Twenty-eighth and Thirteenth regiments of North Carolina troops;
• H. R. 37. Joint resolution of thanks to the officers and men of the Third Georgia Regiment;
• H. R. 38. Joint resolution of thanks to the officers and men of the Twenty-second Virginia Regiment;
• H. R. 40. Joint resolution of thanks to the Sixteenth Mississippi Regiment; and
• H. R. 44. Joint resolution of thanks to the Forty-sixth and Fifty-fifth regiments of Tennessee Volunteers at Mobile.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled

• S. 179. An act making allowances to officers of the Navy of the Confederate States, under certain circumstances, and to amend an act entitled "An act to provide for the organization of the Navy," approved March 16, 1861;
• S. 29. Joint resolution of thanks to the troops reenlisting for the war from the State of Georgia;
• S. 30. Joint resolution of thanks to certain Virginia regiments who have reenlisted for the war;
• H. R. 95. An act for the relief of taxpayers in certain cases;
• H. R. 102. An act to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts;"
• H. R. 108. An act to establish certain post routes therein named;
• H. R. 30. Joint resolution of thanks to the officers and men of McClung's battery;
• H. R. 31. Joint resolution of thanks to the Tenth Mississippi Regiment; and
• H. R. 33. Joint resolution to declare the meaning of an act allowing hospital accommodations to sick and wounded officers.

And the Speaker signed the same.

Mr. Jones, from the Committee on Ways and Means, reported

A bill to establish and organize two bureaus in connection with the agency of the Treasury in the Trans-Mississippi Department, one of which is to be known as the bureau of the auditor, and the other as the bureau of the comptroller for the Trans-Mississippi Department; which was read a first and second time.

The question being on postponing the bill,

It was decided in the negative.

Mr. Jones moved to amend the bill by adding at the end thereof the following as an additional section:

The compensation of such clerks shall be prescribed by the Secretary of the Treasury, which shall not exceed two thousand dollars for the chief clerk and fifteen hundred dollars for each assistant clerk per annum.

The amendment was agreed to, and the bill as amended was engrossed, read a third time, and passed.

The title of the bill was read and agreed to.

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The Chair laid before the House a communication from the President; which was read as follows, viz:

Richmond, Va., February 12, 1864.

To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of the Treasury, submitting an estimate for additional sums needed for the support of the Government.

I recommend an appropriation of the amount specified for the purposes indicated.

JEFFERSON DAVIS.

The communication and accompanying documents were laid upon the table and ordered to be printed.

The Chair also laid before the House a bill (H. R. 112) to authorize the President to establish additional military courts; which had been returned from the Senate with an amendment.

The amendment of the Senate having been read as follows, viz:
which courts shall be organized, and have the same powers and duties, and the members thereof appointed as provided by law: Provided, That the members thereof shall be selected from persons who have been incapacitated from active service in the field by reason of wounds or disease contracted whilst in service, or from persons over forty-five years of age,

Mr. Chambers moved to amend the same by striking out the proviso.

Upon which Mr. Jones demanded the yeas and nays; which were not ordered, and the amendment of Mr. Chambers was agreed to.

The amendment of the Senate, as amended, was concurred in.

The Chair also laid before the House a Senate bill (S. 200) to confer additional powers upon courts-martial and military courts; which was read a first and second time and referred to the Committee on Military Affairs.

Also, a Senate bill (S. 203) to amend the sixty-fifth article of war; which was read a first and second time and referred to the Committee on Military Affairs.

Mr. Singleton presented the petition of William Tucker, asking compensation for the labor of a slave impressed into the public service; which was referred to the Committee on Claims.

Also, the petition of James L. Patterson, asking compensation for property taken for the use of soldiers in the Confederate service; which was referred to the Committee on Claims.

Mr. Hanly presented the petition of A. H. Dobbin, of Arkansas, asking payment for 400 bales of cotton, subscribed to the Government and destroyed by order of the military authorities; which was referred to the Committee on Claims.

Mr. Farrow presented a presentment of the Confederate States grand jury for February 1, 1864, at Greenville, S. C., suggesting increased pay to witnesses attending Confederate States courts; which was referred to the Committee on the Judiciary.

Mr. Conrow presented the memorial of Albert Danner, assistant quartermaster, asking relief from loss, from the destruction of Treasury notes, to prevent their falling into the possession of the enemy; which was referred to the Committee on Claims.

Mr. Chilton presented the memorial of the Central Warehouse Company, asking compensation for damages sustained by the launching of a Confederate gunboat at Selma; which was referred to the Committee on Claims.

Mr. Miller moved that the House do now adjourn.

Upon which Mr. Jones demanded the yeas and nays; which were not ordered.

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The motion to adjourn prevailed, and

The Speaker announced that the House stood adjourned till to-morrow at 11 o'clock.

SECRET SESSION.

The House being in secret session,

The Chair announced that he had appointed Messrs. Baldwin of Virginia, Lyon of Alabama, Conrad of Louisiana, Boyce of South Carolina, and Lewis of Georgia managers on the part of the House at the conference tendered to the Senate on the disagreeing votes of the two Houses on the bill to tax, fund, and limit the currency.

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

Mr. Speaker: The Senate have passed, without amendment, a bill of this House (H. R. 101) making additional appropriation of secret service money.

The Senate have passed, with amendments, a bill of this House (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases;

In which amendments I am directed to ask the concurrence of this House.

The Chair laid before the House a bill of the House (H. R. 113) to suspend the privilege of the writ of habeas corpus in certain cases; which had been returned from the Senate with sundry amendments; which were read as follows, to wit:

Strike out all after the enacting clause and insert

• "1. That during the present invasion of the Confederate States the privilege of the writ of habeas corpus be, and the same is hereby, suspended; but such suspension shall apply only to the cases of persons arrested or detained by order of the President, Secretary of War, or the general officer commanding the Trans-Mississippi Military Department, by the authority and under the control of the President. 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 suspending the writ of habeas corpus in the following cases, and no others:
  • "I. Of treason or treasonable efforts or combinations to subvert the Government of the Confederate States.
  • "II. Of conspiracies to overthrow the Government, or conspiracies to resist the lawful authorities of the Confederate States.
  • "III. Of combining to assist the enemy, or of communicating intelligence to the enemy, or giving him aid and comfort.
  • "IV. Of conspiracies, preparations, and attempts to incite servile insurrection.
  • "V. Of desertions or encouraging desertions, of harboring deserters, and of attempts to avoid military service: Provided, That in cases of palpable wrong and oppression by any subordinate officer upon any party who does not legally owe military service, his superior officer shall grant prompt relief to the oppressed party, and the subordinate shall be dismissed from office.
  • "VI. Of spies and other emissaries of the enemy.
  • "VII. Of holding correspondence or intercourse with the enemy without necessity and without permission of the Confederate States.
  • "VIII. Of unlawful trading with the enemy and other offenses against the laws of the Confederate States, enacted to promote their success in the war.
  • "IX. Of conspiracies or attempts to liberate prisoners of war held by the Confederate States.
  • "X. Of conspiracies or attempts or preparations to aid the enemy.
  • "XI. Of persons advising or inciting others to abandon the Confederate cause, or to resist the Confederate States, or to adhere to the enemy.
  • "XII. Of unlawfully burning, destroying, or injuring, or attempting to burn, destroy, or injure, any bridge or railroad, telegraphic line of communication, or other property, with the intent of aiding the enemy.
  • "XIII. Of treasonable designs to impair the military power of the Government by destroying or attempting to destroy the vessels, or arms, or munitions of war, or arsenals, foundries, workshops, or other property of the Confederate States.
• "Sec. 2. The President shall cause proper officers to investigate the cases of all persons so arrested or detained, in order that they may be discharged if improperly detained.

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• "Sec. 3. That during the suspension aforesaid no military or other officer shall be compelled, in answer to any writ of habeas corpus, to appear in person or to return the body of any person or persons detained by him by the authority of the President, Secretary of War, or the general officer commanding the Trans-Mississippi Department; but upon the certificate under oath of the officer having charge of any one so detained, that such person is detained by him as a prisoner for any of the causes hereinbefore specified, under the authority aforesaid, further proceedings under the writ of habeas corpus shall immediately cease and remain suspended so long as this act shall continue in force.
• "Sec. 4. This act shall continue in force for ninety days after the next meeting of Congress, and no longer."

Prefix the following preamble:

• "Whereas the Constitution of the Confederate States of America provides, in article one, section nine, paragraph three, that 'The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion and invasion the public safety may require it;' and
• "Whereas the power of suspending the privilege of said writ, as recognized in said article one, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and
• "Whereas in the opinion of the Congress, the public safety requires the suspension of said writ in the existing case of the invasion of these States by the armies of the United States; and
• "Whereas the President has asked for the suspension of the writ of habeas corpus, and informed Congress of conditions of public danger which render the suspension of the writ a measure proper for the public defense against invasion and insurrection: Now, therefore."

Mr. Chambers moved that the House concur in the amendments of the Senate, and called the question; which was ordered.

Upon which Mr. Baldwin demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 56
• Nays ... 18

Yeas: Arrington, Barksdale, Boteler, Boyce, Horatio W. Bruce, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clark, Clopton, Conrad, Conrow, Curry, De Jarnette, Elliott, Ewing, Foster, Funsten, Gartrell, Goode, Graham, Gray, Hartridge, Hilton, Holcombe, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyon, Lyons, Machen, McLean, McQueen, McRae, Miles, Miller, Munnerlyn, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Smith of Alabama, Staples, Strickland, Swan, Vest, Villére, Welsh, Wright of Texas, and Mr. Speaker.

Nays: Ashe, Atkins, Baldwin, Bell, Bridgers, Collier, Dargan, Davidson, Farrow, Gaither, Garland, Hanly, Holder, Jones, McDowell, Menees, Simpson, and Smith of North Carolina.

So the amendments of the Senate were concurred in.

Mr. Garland moved to amend the preamble by inserting after the word "insurrection," in the last line, the words "in a written message, which is hereto annexed and made a part of this preamble."

Mr. Barksdale moved to lay the amendment of Mr. Garland on the table.

Upon which motion Mr. Garland demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 64
• Nays ... 8

Yeas: Arrington, Ashe, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clark, Clopton, Collier, Conrad, Conrow, Curry, Dargan, De Jarnette, Elliott, Ewing, Foster, Funsten, Gaither, Gartrell, Goode, Graham, Gray, Hanly, Hartridge, Hilton, Holcombe, Holder, Ingram, Johnston, Kenan of North Carolina, Lander, Lewis, Lyons, Machen, Martin,

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McDowell, McLean, McQueen, McRae, Miles, Miller, Munnerlyn, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Swan, Vest, Villeré, and Welsh.

Nays: Atkins, Baldwin, Bell, Davidson, Farrow, Garland, Jones, and Menees.

So the motion to lay on the table prevailed.

Mr. Hilton moved to amend the preamble by striking out all after the word "it," in the seventh line.

Mr. Clark called the question; which was ordered, and the amendment of Mr. Hilton did not prevail.

Mr. Barksdale called the question; which was ordered.

The question being on agreeing to the preamble,

Mr. Jones demanded the yeas and nays; which were not ordered, and the preamble was agreed to.

Mr. Foster, from the Committee on Territories, by unanimous consent, reported

A bill to amend an act entitled "An act to organize the Territory of Arizona;"
which was read a first and second time.

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

It was decided in the negative.

Mr. Swan called the question; which was ordered, and the bill was engrossed, read a third time, and passed.

The title of the bill was read and agreed to.

Mr. Jones moved that the injunction of secrecy be removed from the President's message and the proceedings of the House on the bill to suspend the writ of habeas corpus in certain cases.

Mr. Gartrell moved to amend the motion of Mr. Jones by striking out "the President's message."

Mr. McRae called the question; which was ordered, and the amendment of Mr. Gartrell was agreed to.

Mr. McRae called the question; which was ordered.

The question being on the amendment of Mr. Jones, as amended,

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

The House then,

On motion of Mr. Hanly,

Resolved itself into open session.

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