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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 --FOURTEENTH DAY--WEDNESDAY, January 28, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
On motion of Mr. Conrow, leave of absence was granted to Mr. Bell, on account of illness.
Mr. Sexton offered the following resolution, viz:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency and propriety of providing by law, to such an extent as may be within the power of Congress, for the disfranchisement of all such persons, resident citizens of the Confederate States, as may be clearly shewn to have refused to aid us in our present struggle for independence, or who may in any way have aided or assisted our enemies;
which was read and agreed to.
Mr. Sexton presented a design for a flag; which was referred to the Committee on Flag and Seal.
Mr. Wright of Texas presented the memorial of G. Hodge and S. H. McFarland, praying compensation for the purchase of mules; which was referred to the Committee on Claims, without being read.
Mr. Wright [of Texas] presented several designs for a flag; which were referred to the Committee on Flag and Seal.
Mr. Gray offered the following resolution, viz:
Resolved, That the Committee on the Judiciary consider of the expediency of so amending the sequestration laws as to authorize the judges of the courts in their discretion to postpone sales of confiscated lands and other property during the war;
which was read and agreed to.
Mr. Gray also introduced
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A bill to be entitled "An act to amend an act to establish the judicial courts of the Confederate States of America, approved sixteenth March, eighteen hundred and sixty-one;"
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Gray also introduced
A bill to be entitled "An act declaring the legal invalidity of all acts and proceedings affecting the rights of citizens, done under authority of the public enemy within any State or locality temporarily under their control or in their possession;"
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Collier presented the memorial of sundry ladies of the county of Powhatan, Va., praying a continuance of the law exempting physicians; which was referred to the Committee on Military Affairs, without being read.
Mr. Collier offered the following resolution, viz:
Resolved, That the Committee on the Judiciary inquire into the expediency of repealing so much of the law of last session 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," as invests said courts with civil jurisdiction "as to all offenses defined as crimes by the laws of the Confederate States or of the several States, and when beyond the territory of the Confederate States, to all cases of murder, manslaughter, arson, rape, robbery, and larceny, as defined by the common law, when committed by any private or officer in the Army of the Confederate States against any other private or officer in the Army or against the property or person of any citizen or other person not in the Army;"
which was read and agreed to.
Mr. Holcombe presented the memorial of sundry post chaplains, asking fuel and quarters, etc.; which was referred to the Committee on the Quartermaster's and Commissary Departments, without being read.
Mr. Holcombe also offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of embracing money at interest among the subjects of taxation, and of so discriminating as to impose a heavier burthen upon creditors who have refused to receive payment of their debts in Confederate Treasury notes;
which was read and agreed to.
Mr. Chambliss introduced
A bill to be entitled "An act fixing the time for the election of members of the House of Representatives of the Confederate States;"
which was read the first and second times and referred to the Committee on Elections.
On motion of Mr. Heiskell, the vote referring the bill to the Committee on Elections was reconsidered, and the same was referred to the Committee on the Judiciary.
Mr. Boteler introduced the following resolution, viz:
Resolved, That the Committee on Ordnance and Ordnance Stores be instructed to inquire into the expediency of providing by law for the appointment of a superintendent of laboratories;
which was read and agreed to.
Mr. Boteler also presented the memorial of J. W. Cooley, of Frederick County, Va., relating to the impressment of his cattle; which was referred to the Committee on the Judiciary, without being read.
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On motion of Mr. Boteler, leave was granted him to withdraw from the files of the Committee on Claims the memorial, etc., of Johnson Orrick.
Mr. Russell offered the following resolution, viz:
Resolved, That the Committee on the Judiciary inquire into the expediency of requiring debtors against whom judgments or decrees are rendered as garnishees under the sequestration laws, to pay or secure the same without delay;
which was read and agreed to.
Mr. Russell also offered the following resolution, viz:
Resolved, That the Committee on the Judiciary inquire into the expediency of providing by means of retaliation or otherwise, for the protection of unarmed citizens of the Confederate States form injuries committed by the enemy to enforce a claim of allegiance to the United State or otherwise in violation of the usages of war between independent nations;
which was read and agreed to.
Mr. Staples presented the memorial of sundry citizens of Newbern, Va., in reference to partisan rangers; which was referred to the Committee on Military Affairs, without being read.
Mr. Staples introduced the following resolution, viz:
Resolved, That the Committee on the Quartermaster's and Commissary Departments inquire into the expediency of reporting a bill authorizing the settlement and payment of claims for property taken or purchased from citizens for the use of the Confederate armies, and for which receipts and vouchers were not given in the manner prescribed by the rules and regulations of the War Department;
which was read and agreed to.
Mr. Johnston presented the memorial of Capt. Ben. Desha, praying compensation for guns; which was referred to the Committee on Claims, without being read.
Mr. Lyons introduced
A bill to be entitled "An act for the relief of the families of the noncommissioned officers and privates of the Confederate Army;"
which was read the first and second times, ordered to be printed, and referred to the Committee on Military Affairs.
Mr. Lyons also introduced
A bill to be entitled "An act to provide for funding the currency of the Confederate States;"
which was read the first and second times, ordered to be printed, and referred to the Committee on Ways and Means.
Mr. Lyons presented the petition of Joseph S. Walthall, praying compensation for services rendered in the Army; which was referred to the Committee on Claims, without being read.
Mr. Lyons also presented the memorial of sundry citizens of Hanover County, Va., praying the exemption of a mail carrier; which was referred to the Committee on Military Affairs, without being read.
Mr. Lyons offered the following resolution, viz:
Resolved, That the Committee on the Medical Department inquire into the expediency of allowing to sick and wounded officers hospital accommodations as well as rations without charge;
which was read and agreed to.
Mr. Lyons also offered the following resolution, viz:
Resolved, That the Clerk of this House do procure from the Department of Justice five copies of the acts of the Provisional, and five copies of the acts of this Congress, which have been published, and the cause the same to be bound for the use of this House and marked "House of Representatives of the Confederate States;"
which was read and agreed to.
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Mr. Lyons also offered the following resolution, viz:
Resolved, That hereafter the States be called every Monday, commencing alternately with Alabama and Virginia. That the call when commenced shall be continued until all the States have been called, during which time no other business shall be in order, and when the call has been completed, there shall be no other call until the following Monday;
which was read and laid on the table under the rules.
Mr. Boteler introduced
A bill to be entitled "An act to establish a niter and mining bureau;"
which was read the first and second times and referred to the Committee on Ordnance and Ordnance Stores.
Mr. Goode offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire and report whether the claims for arrearages of pay due to deceased soldiers are promptly audited and settled by the Second Auditor of the Treasury Department, and, if not, what are the causes of delay in the settlement and payment of the same; and that said committee also report what legislation, if any, is deemed necessary to secure the prompt and speedy settlement of said claims;
which was read and agreed to.
Mr. Goode also offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law for the detection and punishment of persons habitually engaged as agents in hiring substitutes;
which was read and agreed to.
Mr. Royston moved that the House proceed to the consideration of the special order of business.
Pending which,
On motion of Mr. Jones of Tennessee,
The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Chilton, by consent, introduced
A bill to be entitled "An act to aid committees of Congress in the investigation of matters referred to them, and to punish false swearing before said committees;"
which was read the first and second times and referred to the Committee on the Judiciary.
On motion of Mr. Sexton,
The House adjourned until 12 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, proceeded to the consideration of the unfinished business of the last secret session; which was the consideration of the call for the previous question by Mr. Jones.
The demand was not sustained.
Mr. Jones called the question; which was upon agreeing to the motion of Mr. Perkins to postpone until Monday next the further consideration of a Senate bill (9) and amendments entitled "A bill to authorize a foreign loan," and the call being sustained,
Mr. Hanly demanded the yeas and nays;
Which being ordered,
Yeas: Arrington, Ashe, Atkins, Breckinridge, Bridgers, Chambers, Chilton, Chrisman, Clapp, Conrad, Davidson, Davis, De Jarnette,
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Dupré, Elliott, Ewing, Farrow, Foote, Foster, Gray, Hanly, Heiskell, Hilton, Johnston, Kenan of Georgia, Lyons, Marshall, Menees, Perkins, Ralls, Royston, Singleton, Smith of North Carolina, Staples, Swan, Villeré, Wright of Georgia, and Mr. Speaker.
Nays: Baldwin, Barksdale, Batson, Boteler, Boyce, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Clark, Clopton, Collier, Conrow, Currin, Curry, Dargan, Freeman, Garland, Gartrell, Goode, Hartridge, Hodge, Holcombe, Holt, Jones, Kenner, Lander, Lewis, Lyon, McDowell, McLean, McQueen, Miles, Moore, Sexton, Smith of Alabama, Strickland, Tibbs, Wilcox, and Wright of Texas.
So the motion to postpone did not prevail.
Mr. Holt demanded the question; which was upon agreeing to the amendment of Mr. Smith of North Carolina to strike out the second section of the bill.
Upon which Mr. Foote demanded the yeas and nays;
Which being ordered,
Yeas: Atkins, Baldwin, Barksdale, Batson, Boteler, Boyce, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Chrisman, Clark, Clopton, Collier, Conrad, Conrow, Crockett, Currin, Curry, Dargan, Davidson, De Jarnette, Dupré, Ewing, Farrow, Freeman, Garland, Gartrell, Goode, Graham, Gray, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Jones, Kenner, Lander, Lewis, Lyon, Lyons, McLean, McRae, Miles, Moore, Royston, Russell, Sexton, Singleton, Strickland, Tibbs, Villeré, and Wright of Texas.
Nays: Arrington, Ashe, Chilton, Clapp, Davis, Foote, Foster, Gardenhire, Hanly, Kenan of Georgia, Machen, Marshall, McQueen, Menees, Perkins, Ralls, Smith of North Carolina, Swan, Wilcox, and Wright of Georgia.
So the question was ordered, and the amendment was lost.
Mr. McRae called the question; which was upon agreeing to the amendment of Mr. Perkins.
And Mr. Perkins, by unanimous consent, having been allowed to modify his amendment by inserting before the [words] "twenty-five million dollars" the [words] "for a sum not exceeding" and adding at the end thereof the words "and to make such pledge of cotton as in his judgement may be prudent and necessary,"
The call for the question was sustained; and
Mr. Royston demanded the yeas and nays on agreeing to the amendment as modified;
Which being ordered,
Yeas: Arrington, Ashe, Atkins, Batson, Bridgers, Chambers, Chilton, Clapp, Clopton, Curry, Davis, De Jarnette, Ewing, Foote, Foster, Gray, Hanly, Hilton, Kenan of Georgia, Marshall, McDowell, Perkins, Ralls, Royston, Smith of North Carolina, Swan, Wilcox, and Wright of Georgia.
Nays: Baldwin, Barksdale, Boteler, Boyce, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Chrisman, Clark, Collier, Conrad, Conrow, Crockett, Currin, Dargan, Davidson, Dupré, Farrow, Freeman, Gardenhire, Garland, Gartrell, Goode, Graham, Hartridge, Heiskell, Holcombe
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Holt, Johnston, Jones, Kenner, Lander, Lewis, Lyon, Lyons, Machen, McLean, McQueen, McRae, Menees, Miles, Moore, Russell, Sexton, Singleton, Strickland, Tibbs, Villeré, and Wright of Texas.
So the amendment was lost.
Mr. Hilton called the question; which was upon ordering the bill to a third reading, and the demand being sustained, the bill was read a third time;
When,
Mr. Jones called the question; which was upon the passage of the bill, and the demand being sustained,
Mr. Foote demanded the yeas and nays thereon;
Which being ordered,
Yeas: Atkins, Baldwin, Barksdale, Batson, Boteler, Boyce, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chambliss, Chrisman, Clapp, Clark, Collier, Conrad, Conrow, Crockett, Currin, Dargan, Davidson, De Jarnette, Dupré, Ewing, Farrow, Freeman, Gardenhire, Garland, Gartrell, Goode, Graham, Gray, Hartridge, Heiskell, Holt, Johnston, Jones, Kenner, Lander, Lewis, Lyon, Lyons, McDowell, McLean, McQueen, McRae, Menees, Miles, Moore, Sexton, Singleton, Strickland, Tibbs, Villeré, Wright of Georgia, and Wright of Texas.
Nays: Arrington, Ashe, Bridgers, Chilton, Clopton, Curry, Davis, Foote, Foster, Hanly, Hilton, Kenan of Georgia, Marshall, Perkins, Ralls, Royston, Swan, and Wilcox.
So the bill was passed.
Mr. Conrad offered the following resolution; which was read and agreed to, to wit:
Resolved, That the President be requested to inform this House in secret session what contracts have been made for the construction of vessels abroad, for what amount, and when and where to be paid for, and by virtue of what laws; also what progress has been made toward the fulfillment of the contract entered into in August, eighteen hundred and sixty-two, with Messrs. Lawson & Co., of England, for the construction of certain iron-plated steamers.
Mr. Perkins offered the following resolution; which was read and agreed to, to wit:
Resolved, That the Secretary of the Treasury be requested to furnish Congress with a statement of the extent and character of the present indebtedness of the Confederate Government in foreign parts and of the particular contracts whose execution are dependent upon the negotiation of a foreign loan; also the amount of cotton now owned by the Government, upon which the proposed loan is based, and its cost per pound.
Mr. Vest moved that the injunction of secrecy be removed from the message of the President requesting the return of his message sent to Congress at the commencement of the session.
Pending which,
The House,
On motion of Mr. Sexton,
Resolved itself into open session.
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