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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 --TWENTIETH DAY--THURSDAY, February 5, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Crumly.
Mr. Farrow announced the presence of Mr. Simpson, a Representative-elect from the State of South Carolina, who came forward, was duly qualified, and took his seat.
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Mr. Clapp presented a memorial of John M. Sharp, of Kentucky, praying reimbursement for the destruction of a bridge; which was referred to the Committee on Claims, without being read.
Mr. Singleton offered the following resolution, viz:
Resolved, That the Committee on the Judiciary be instructed to inquire into the following propositions, viz:
Mr. Smith of North Carolina offered the following resolution, viz:
Resolved, That the President be requested to communicate to the House the number and amount of claims for vessels seized by order of the naval and military authorities for the public use, filed in the War and Navy Departments and in the office of the First Auditor of the Treasury Department, the names of the claimants, the time when severally filed, and the estimated sum required for their payment;
which was read and agreed to.
Mr. Smith of North Carolina also offered the following resolution:
Resolved, That the Committee on Ways and Means be instructed to report a bill providing for the payment of the amount due the State of North Carolina for clothing furnished the troops of the State, according to the act, numbered two hundred and fifty-six, audited in the Second Auditor's Office;
which was read and agreed to.
Mr. Smith of North Carolina also offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of providing by law for the auditing and payment of claims for cotton and other property destroyed by the military authorities of the Confederate Government, or by its owners, to prevent the same from falling into the hands of the enemy;
which was read and agreed to.
Mr. Smith also offered the following resolution, viz:
Resolved, That the Committee on the Judiciary be directed to inquire whether the organized forces of our invading army, captured in the act of carrying out the declared policy of their Government, can be held amenable in consonance with the principles of public law and the usage of nations to the criminal laws of the invaded country, and be dealt with as felons by its civil tribunals; and if not, what legislation is required to enable the military authorities of the Confederate States, by measures of reprisal and retaliation, to repress the atrocities of an instigated servile insurrection.
Mr. Jones demanded the question; which was ordered, and the resolution was agreed to.
Mr. Smith also offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be directed to consider the expediency of raising a revenue to support the Government and pay the interest on the public debt, to be devised principally by an assessment upon the following subjects of taxation, viz:
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Mr. Smith also introduced
A bill to be entitled "An act to establish a bureau in connection with the War Department, to be known as the Bureau of Transportation;"
which was read the first and second times and referred to the Committee on Quartermaster's and Commissary Departments.
Mr. Bridgers offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of taxing the incomes of speculators, extortioners, and others receiving large profits;
which was read and agreed to.
Mr. Bridgers also offered the following resolution, viz:
Resolved, It shall not be in order for a member introducing a resolution, or bill, or making a motion, or at the conclusion of his remarks upon any question pending, to call the question;
which was read and referred to the Committee on Rules and Officers of the House.
Mr. Lewis moved a suspension of the rules to enable the Committee on Rules and Officers of the House to make a report.
The motion was lost.
Mr. Ayer offered the following resolution, viz:
Resolved, That it be referred to the Committee on Ways and Means to inquire and report, by bill or otherwise, on the expediency of levying an export duty on tobacco and naval stores, similar to the export duty levied on cotton, for the purpose of paying the war debt of the Confederate States;
which was read and agreed to.
Mr. Miles introduced
A joint resolution of thanks to Capt. D. N. Ingraham and the officers and men of his command;
which was read the first and second times and referred to the Committee on Naval Affairs.
Mr. Miles also introduced
A joint resolution of thanks to Lieutenant-Colonel Yates and the officers and men of his command;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Miles offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing compensation by law to the owners of slaves escaping or captured by the enemy, when such slaves are in the employment of the Confederate Government and engaged on works of military defense;
which was read and agreed to.
Mr. Miles also offered the following resolution, viz:
Resolved, That the Committee on Foreign Affairs be instructed to inquire into the expediency of regulating by law the subject of naturalization of foreigners, with a
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view to such discrimination against persons not now citizens of the Confederate States as may best tend to promote the stability and purity of our political and social institutions;
which was read and agreed to.
On motion of Mr. Holcombe,
A bill to be entitled "An act to authorize and regulate impressments of private property for the use of the Army and other military purposes," was taken up and made the special order of business for Friday, February 6, 1863, to be continued from day to day until concluded.
Mr. Goode called for the special order of business.
On motion of Mr. Foote, the consideration of the same was postponed until after the call of States should be concluded.
Mr. Miles offered the following resolution, viz:
Resolved, That the Committee on Commerce be instructed to inquire into the expediency of framing such legislation for the regulation of navigation and the coasting trade as may best subserve the true interests of the Confederate States upon the reestablishment of unrestricted commercial intercourse with foreign nations;
which was read and agreed to.
Mr. Farrow offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire and report on the expediency of putting in operation the mint at Charlotte, in the State of North Carolina;
which was read and agreed to.
Mr. Foote offered the following resolution, viz:
Resolved, That the Judiciary Committee be instructed to inquire whether it be not inexpedient to attempt the execution of the retaliatory policy upon the forces of the enemy found upon Southern soil, armed for the execution of the late incendiary proclamation of President Lincoln;
which was read and agreed to.
Mr. Foote also offered the following resolution, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of providing, by some general act, for the indemnification of those citizens who have been subjected to pecuniary loss by the destruction of cotton, tobacco, and other agricultural products, by the act of our own Government, in order to keep the same out of the hands of the enemy, and report by bill or otherwise;
which was read and agreed to.
Mr. Foote also offered the following resolution, viz:
Resolved,That the Committee on Quartermaster's and Commissary Departments be instructed to inquire particularly into the existing condition of the transportation service on the line of railroad extending from Vicksburg, Mississippi, to Mobile, Alabama, and report to the House the facts of the case, in order that the proper remedy herein may be promptly applied; and also to inquire into the same subject in reference to the line of the Mobile and Ohio Railroad, from Meridian to Okalona, in the State of Mississippi, and the line of railroad from Richmond, Virginia, to Charleston, South Carolina.
Mr. Miles moved to amend the resolution by striking out the words "the Committee on Quartermaster's and Commissary Departments" and inserting in lieu thereof the words "a special committee, consisting of five members, to be appointed by the Speaker;" which was agreed to, and the resolution as amended was agreed to.
Mr. Swan introduced
A bill to be entitled "An act to provide an export duty on cotton and tobacco exported from the Confederate States to the ports or in the ships of any foreign country which has not recognized the independence of the Confederate States;"
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which was read the first and second times, ordered to be printed, and referred to the Committee on Ways and Means.
Mr. Heiskell offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be requested to inquire and report what steps have been taken by the War Department for awarding medals to the soldiers who have distinguished themselves in battle. That they further be instructed to report what legislation is proper (in case difficulties exist in the preparation of medals) to provide for certificates of title to medals, upon which the same can be claimed when prepared;
which was read and agreed to.
Mr. Gardenhire presented the memorial of D. K. Young, of Clinton, Tenn., in relation to the burning of the academy at that place; which was referred to the Committee on Claims, without being read.
Mr. Heiskell offered the following resolution, viz:
Resolved, That the bills and resolutions on the Calendar at the end of the last session of this Congress, excepting the numbers hereinafter mentioned, stand in the same condition in which they then were, and be proceeded on as if the same had been introduced at the present session and as if all the proceedings then had therein had been had at the present session; and that they stand on the Calendar in the order they now occupy. That the numbers excepted be as follows: Nos. 3, 4, 5, 7, 10, 18, 20, 23, 31, 35, 37, 38, 39, and 47;
which was read and, on motion of Mr. Curry, was laid upon the table.
Mr. Jones presented a memorial from J. G. W. Mills, praying an increase of compensation as route agent; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
On motion of Mr. Currin, leave of absence was granted Messrs. Heiskell and Swan to visit Tennessee, on business.
On motion of Mr. McLean, leave of absence was granted to Mr. Lander, on account of illness.
Mr. Vest, by consent, introduced
A bill to be entitled "An act to provide for the payment of officers acting under temporary appointment from the commander of any department, corps, division, or brigade;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Vest also, by consent, introduced
A bill to be entitled "An act for the relief of certain officers and soldiers from the State of Missouri;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Lyons, by consent, presented a memorial from E. T. Sturdivant, of Alabama, praying compensation for slave impressed into the service; which was referred to the Committee on Claims, without being read.
Mr. Lyons also, by consent, presented a memorial from C. P. Whitt, praying compensation for tools lost in public service; which was referred to the Committee on Claims, without being read.
Mr. Lyons also presented the claim of S. F. Smith for tools lost in public service; which was referred to the Committee on Claims, without being read.
Mr. Lyons also presented a design for a Confederate seal; which was referred to the Committee on Flag and Seal.
Mr. Boteler introduced
A bill to be entitled "An act to provide for the appointment of military storekeepers in the Provisional Army of the Confederate States;"
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which was read the first and second times and referred to the Committee on Ordnance and Ordnance Stores.
Mr. Boteler offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of promptly providing by law for the reorganization of the Army by authorizing the consolidation of such companies, battalions, and regiments whose efficiency has been impaired by reason of their numerical reduction, having a due regard, in said reorganization, to the preservation of those regiments and brigades which have most distinguished themselves in battle, and to the retention in service of the more meritorious officers, honorably retiring such as may be spared from duty and exempting them from conscription, and also having proper respect for the reasonable wishes of the men, by continuing, as far as practicable, the association of those who heretofore have served together, or who may be from the same localities;
which was read and agreed to.
Mr. Russell introduced
A bill to be entitled "An act to restrict the issue of Treasury notes and to substitute certificates of loan to a certain amount;"
which was read the first and second times and referred to the Committee on Ways and Means.
On motion of Mr. Russell, all bills, etc., of the last session in relation to the sequestration of property were taken up and referred to the Committee on the Judiciary.
Mr. Boteler presented a letter from Brigadier-General Paxton, concerning the consolidation of reduced companies, regiments, etc.; which was referred to the Committee on Military Affairs, without being read.
Mr. Collier presented a design for a Confederate seal; which was referred to the Committee on Flag and Seal.
Mr. Holcombe offered the following resolution, viz:
Resolved, That the Committee on Public Printing be instructed to inquire into the expediency of amending a joint resolution entitled "Resolution for the preservation of public documents," approved April nineteenth, eighteen hundred and sixty-two;
which was read and agreed to.
On motion of Mr. Holcombe, the bills, etc., of the last session relating to the establishment of a court of claims were taken up and referred to the Committee on the Judiciary.
Mr. De Jarnette presented a memorial from the railroad companies of Virginia, praying relief from taxation on military freight and travel; which was referred to the Committee on Ways and Means, without being read.
Mr. Preston presented the memorial of sundry citizens of Virginia, praying an increase of the pay of a mail contractor; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Baldwin offered the following resolution, viz:
Resolved, That the Committee on Post-Offices and Post-Roads inquire into the expediency of reducing the expenses of the Post-Office Department within its means, by abolishing the Department; and if it is inexpedient to abolish the Department, to inquire into the expediency of allowing express companies to carry mailable matter with postage prepaid.
A division of the resolution having been called for, it was divided as follows, to wit:
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And the question being on agreeing to the first part,
The same was lost.
And, on motion, the second part of the resolution was laid upon the table.
Mr. Boteler offered the following resolution, viz:
Resolved, That all bills on the subject of making Treasury notes a legal tender, which were on the Calendar at the end of the last session, be referred to the Committee on the Judiciary;
which was read and agreed to.
Mr. Lyons presented the petition of Messrs. Williams & Carrington, praying compensation for tobacco destroyed by the Government; which was referred to the Committee on Claims, without being read.
Mr. Lyons also presented a design for a Confederate seal; which was referred to the Committee on Flag and Seal.
Mr. Lyons offered the following resolution, viz:
Resolved, That the President be requested to inform this House whether private property of citizens not in the Army has been seized and confiscated by his order [or not]; and if it has been, for what offense and under what law such seizure and confiscation have been ordered;
which was read and agreed to.
Mr. Russell moved that all the bills, resolutions, etc., of the last session in relation to martial law be taken up and made the special order of business for Wednesday next.
The motion was lost.
On motion of Mr. Russell, the same were taken up and placed upon the Calendar.
Mr. Baldwin offered the following resolution, viz:
Resolved, That the President be requested to communicate to this House a list of all civilians now in custody under authority of the War Department, giving, as to each, his name, residence, and occupation, with the date of his arrest, the offense charged against him, and the place of his imprisonment;
which was read and agreed to.
Mr. Baldwin also offered the following resolution, viz:
Resolved, That the Committee on Quartermaster's and Commissary Departments inquire into the expediency--
Mr. Burnett, by consent, offered the following resolution, viz:
Resolved, That hereafter the regular business of the morning hour shall be a call of the committees;
which was read and referred to the Committee on Rules and Officers of the House.
On motion of Mr. Hilton, the rules were suspended to allow the Committee on Rules and Officers of the House to make a report.
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Mr. Lewis, from the committee, reported the following resolutions, with the recommendation that they pass, viz:
Resolved, That the following shall be among the established rules of the House:
Mr. Smith of North Carolina moved to amend the first resolution of the committee by striking out the words "to each member" and inserting in lieu thereof the following, viz: "two speeches of five minutes each, one in favor and one against the proposition,"
Mr. Jones demanded the previous question; which was ordered, and the amendment was lost.
Mr. Atkins moved to amend the first resolution as follows, viz: Strike out all of the original and insert in lieu thereof the following, viz:
That hereafter, in the presentation of bills, resolutions, or memorials for reference to any committee, no debate shall be allowed upon them until the report of the committee is before the House, without unanimous consent: Provided, however, That the member introducing a resolution or bill shall be allowed five minutes for explanation of the character of the same;
which was agreed to, and the first resolution as amended was agreed to.
The second resolution was agreed to.
The third resolution was also agreed to.
Mr. Foote moved that the vote by which the first resolution was agreed to be reconsidered; which was agreed to.
Mr. Lewis, from the Committee on Rules and Officers of the House, to which was referred a resolution of the Senate to amend the joint rules, which was to rescind joint rule No. 16, reported the same back, with the recommendation that the House do not concur in the joint resolution.
And the question being that the House nonconcur,
The same was agreed to.
On motion of Mr. Boyce,
The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;
When,
On motion of Mr. Curry,
The House adjourned until 12 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
The Chair laid before the House a communication; which is as follows, to wit:
Richmond, February 4, 1863.
To the House of Representatives:
I herewith transmit a communication from the Secretary of War, forwarding the report of the Chief of Ordnance, in partial response to your resolution of the 10th of September, 1862.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were laid upon the table.
Mr. Boyce offered joint resolutions in reference to a just settlement
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of the issues growing out of the war; which were read first and second times and referred to the Committee on Foreign Affairs.
And on motion of Mr. Clapp,
The House resolved itself into open session.
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