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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 --NINETEENTH DAY--WEDNESDAY, February 4, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
NINETEENTH DAY--WEDNESDAY, February 4, 1863.

OPEN SESSION.

The House met pursuant to adjournment.

Mr. Hodge, by consent, introduced

A bill to be entitled "An act for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes;"
which was read the first and second times, ordered to be printed, and placed upon the Calendar.

Mr. Read, by consent, introduced the following resolution, viz:

Whereas, in the reports of Generals Bragg and Beauregard of the battle of Shiloh, honorable and meritorious mention is made of the services of the Kentucky brigade commanded by Colonel R. P. Trabue, but in the printed reports furnished to this House an error appears in the name of that gallant officer: Therefore, be it

Resolved, That the Committee on Printing be instructed to cause the Public Printer, in any copies of said report that may hereafter be furnished to this House, to cause the name of Colonel R. P. Trabue to be properly printed in connection with the command of the Kentucky brigade in the battle of Shiloh;
which was read and agreed to.

Mr. Holt, by consent, introduced

A bill to be entitled "An act to provide for the payment of slaves, horses, and other property lost, captured, or destroyed in the military service of the Confederate States;"
which was read the first and second times and referred to the Committee on Quartermaster's and Commissary Departments.

Mr. Collier, by consent, introduced joint resolutions of thanks to Gen. Roger A. Pryor and the officers and men under his command for gallant conduct and signal success over the enemy at Kelly's, near the Blackwater, Va.; which was read the first and second times and referred to the Committee on Military Affairs.

On motion of Mr. Gardenhire, leave of absence was granted Mr. Tibbs, on account of illness.

Mr. Kenner called for the order of the day, and

The House resolved itself into Committee of the Whole, Mr. Russell in the chair, on a bill to be entitled "An act making appropriations for the support of the Government for the period from February first to June thirtieth, eighteen hundred and sixty-three, inclusive, and to supply deficiencies arising prior thereto;" and having spent some time therein, the committee rose and, through their Chairman, reported back the bill, with the recommendation that it pass.

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Mr. Jones demanded the previous question; which was ordered, and the bill was engrossed, read a third time, and passed.

On motion of Mr. Kenner, the forty-second rule was suspended, and the Clerk was directed to report the bill immediately to the Senate.

A message was received from the President, by his Private Secretary, Mr. Harrison.

The Chair laid before the House the following communication from the President, viz:

Richmond, Va., February 4, 1863.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of War, submitting estimates for the Indian service to June 30, 1863.

I recommend an appropriation of the amount and for the purpose indicated.

JEFFERSON DAVIS.
which was read and, with its accompanying documents, ordered to be printed and referred to the Committee on Ways and Means.

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

Richmond, Va., February 4, 1863.

To the House of Representatives:

I herewith transmit for your information a communication from the Secretary of War, covering reports from the Surgeon-General and the Chief of Engineers, in response to your resolution of the 23d ultimo.

JEFFERSON DAVIS.
which was read, ordered to be printed, and, with its accompanying documents, referred to the Committee on the Quartermaster's and Commissary Departments.

Mr. Gartrell moved that the rules be suspended to enable him to report a bill from the Committee on the Judiciary, to which was agreed to, and

Mr. Gartrell, from the Committee on the Judiciary, to which was referred

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,"
reported the same back, with the recommendation that it pass with sundry amendments.

The bill was taken up for consideration, and having been read as follows, viz:

• Section 1. The Congress of the Confederate States of America do enact, That whenever a committee shall be raised by either the Senate or House of Representatives of the Confederate Congress, or a joint committee of both Houses, or any standing committee of either House, shall be charged with the duty of investigating any matter referred to such committee, with power to send for and examine witnesses touching the matter of inquiry so referred, the chairman of such committee, or in his absence, the member of such committee presiding over it for the time being, shall have power to issue summons for compelling the attendance upon such committees, respectively, of all witnesses whom they may desire to examine, which summons shall in case of joint committee be executed by the Sergeant-at-Arms of the Senate, and in other cases by the Sergeant-at-Arms or Doorkeeper of the House to which such committee may belong, and the return of such officer indorsed in writing on the said summons as to whether the same was executed or not shall be evidence of the fact so returned, and in case any witness who has been duly summoned as aforesaid shall fail or refuse to attend before such committee in obedience to such summons, without a sufficient excuse therefor, he shall be guilty of a contempt against the authority of the body or bodies raising such committee, and on report of such failure or refusal by the chairman of such committee to the House to which such committee is required to respond, such House may call the delinquent before its bar and punish him in a fine

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  not exceeding five hundred dollars or imprisonment not exceeding six months, or both.

• Sec. 2. Be it further enacted, That the Chairman, or in his absence, the member of such committees, respectively, as may preside over the deliberations thereof for the time being, shall have power to administer oaths to the witnesses to be examined before any such committees, and every person so sworn and examined before any such committee, who shall willfully, knowingly, and corruptly depose falsely in any matter material to the inquiry referred to and then pending before such committee, shall be guilty of perjury, and upon indictment in any court of competent jurisdiction and conviction thereof, shall suffer all the penalties prescribed by the existing laws to be inflicted on persons guilty of said offense.
• Sec. 3. Be it further enacted, That said committees, respectively, shall have power in case the witness whose testimony is desired resides without the city of Richmond, to issue through their chairman, or person presiding in his absence, a commission or dedimus potestatem directed to one or more discreet persons, signed by such chairman or presiding officer and accompanied by such written interrogatories to be propounded to the witness as the committee shall adjudge necessary to elicit the information desired, directing such person or persons, or either one of them, to summon said witness to appear before him or them at a time and place to be designated in such summons, and then and there after causing said witness to be duly sworn, to take down distinctly in writing the answers of such witness to the interrogatories attached to said commission or dedimus potestatem, which shall be subscribed by the witness so examined and certified and sealed up, with the commission and interrogatories, and inclosed by mail to the chairman of such committee by the commissioner or commissioners so taking the same. And such commissioner shall be entitled to the same fee now allowed by law to commissioners taking depositions under authority from the district courts of the Confederate States in the State where the deposition may be taken, to be paid upon the certificate of the chairman of said committees, respectively, out of the contingent fund of Congress,

Mr. Gartrell, on the part of the committee, moved to amend the bill as follows, viz:

In the first section, strike out the words "shall be;" also the words "by the Sergeant-at-Arms." After the words "may belong," in the first section, insert the words "or such person as the presiding officer of such committee may depute for that purpose."

At the end of the last section add the words "and the said witness in default shall also be reported to the presiding officer of such committee, who may proceed against him thereon, as herein provided for witnesses summoned to appear before the said committee;" which were agreed to.

Mr. Smith of North Carolina moved to amend the last section of the bill by inserting after the word "sum" the words "not exceeding five thousand dollars and imprisoned for a time not less than two nor more than five years, as the court may adjudge."

Mr. Dargan moved to postpone the further consideration of the bill and amendments, that the same be printed, and made the special order of business for Monday next; which was agreed to.

On motion of Mr. Collier,

The House adjourned until 12 o'clock to-morrow.

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