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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 --TWENTY-FOURTH DAY--TUESDAY, February 10, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Burrows.
Mr. Hodge moved that the rules be suspended to enable him to introduce a resolution; which was agreed to, and
Mr. Hodge offered the following resolution, viz:
Whereas information has reached this Congress of the passage by the Congress at Washington, District of Columbia, of a bill for the enlistment of negroes as soldiers in the armies of the United States, which armies are to be engaged in prosecuting the further invasion of the Confederate States of America; and
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Whereas the constitutions, both of the Confederate States and the United States, recognize Africans and their descendants as property; and
Whereas we can not consent to any change in their political status and condition: Therefore,
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of bringing in a bill providing the proper forms for the disposition of all negroes or mulattoes who may be captured from the enemy in such manner that those of them who are fugitives from their masters may be restored to their rightful owners, and those for whom no masters can be found shall be sold into perpetual bondage for the purpose of raising a fund to reimburse citizens of this Confederacy who have lost their slave property by reason of the interference therewith of the enemy;
which was read and agreed to.
Mr. Curry offered the following resolution, viz:
Resolved, That the Committee on the Quartermaster's Department inquire into the expediency of such additional legislation as will authorize post quartermasters to pay to the persons authorized by law to receive the amount due to deceased soldiers, on the presentation of the proper papers, made out and certified by the commander of the company to which the deceased soldier belonged;
which was read and agreed to.
Mr. Curry also offered the following resolution, viz:
Resolved, That the Committee on the Quartermaster's and Commissary Departments inquire into the expediency of reporting a bill to pay for horses lost but not killed in battle;
which was read and agreed to.
Mr. Chilton presented a correspondence between the governor of Alabama and the Secretary of War in relation to exemptions; which was referred to the Committee on Military Affairs, without being read.
Mr. Chilton also presented the memorial of M. W. Garrison, praying compensation for provisions furnished the Government; which was referred to the Committee on Claims, without being read.
Mr. Chilton also introduced
A bill to be entitled "An act to allow commutation to soldiers who have been mustered into the Confederate States service for a less period than twelve months;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Chilton also introduced
A bill to be entitled "An act to grant certain powers to commissioners of the Confederate courts;"
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Ralls offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of so amending the act entitled "An act concerning the pay and allowances due to deceased soldiers," approved February fifteenth, eighteen hundred and sixty-two, as to entitle brothers and sisters to receive what is due deceased soldiers, in case there is no other person entitled to receive such dues;
which was read and referred to the Committee on Military Affairs.
Mr. Clopton offered the following resolution, to wit:
Resolved, That the President be requested to cause to be reported to this House any information which the Secretary of the Navy may have in his office in regard to the quality and abundance of iron and coal to be obtained at the place in Alabama at which it is contemplated to establish a cannon foundry, and the facilities now afforded for obtaining the same, the probable cost of the works, the time which will be required to put it in operation, and the probability of obtaining mechanics and operatives for the same, and for mining coal and iron at this time;
which was read and agreed to.
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Mr. Lyon offered the following resolution:
Resolved, That the Committee on Post-Offices and Post-Roads inquire into the expediency of allowing further time to persons holding claims against the Post-Office Department for services rendered in carrying the public mails since the secession of the Southern States, and before contracts were made for transporting the mails, to present the same for settlement;
which was read and agreed to.
Mr. Ralls offered the following resolution, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire if any further legislation is necessary to secure the sending of returns to the Adjutant-General's Office, with a view of expediting the payment of the claims of deceased soldiers;
which was read and referred to the Committee on Military Affairs.
Mr. Garland offered the following resolution, viz:
Resolved, That bill numbered twenty-eight, on the previous Calendar, entitled "A bill to amend an act to establish judicial courts of the Confederate States," be withdrawn from such Calendar and placed upon the Calendar of this session;
which was read and agreed to.
Mr. Garland also introduced
A bill to be entitled "An act to provide for punishing persons committing certain acts against the Government of the Confederate States;" which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Garland also presented a letter from William M. Randolph, of Little Rock, Ark., relating to secret societies forming in that State; which was referred to the Committee on the Judiciary, without being read.
Mr. Royston introduced
A bill to be entitled "An act explanatory of an act entitled 'An act to authorize the President to accept and place in the service certain regiments and battalions heretofore raised,' approved October eleventh, eighteen hundred and sixty-two;"
which was read the first and second times.
Mr. Royston moved that the rule requiring the reference of the bill to a committee be suspended.
The motion was lost, and the bill was referred to the Committee on Military Affairs.
Mr. Hilton introduced
A bill to be entitled "An act relating to organization of the Quartermaster's and Commissary Departments;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Hilton also presented the memorial of W. O. Girardeau, praying compensation for services as enrolling officer; which was referred to the Committee on Claims, without being read.
Mr. Hilton also introduced
A joint resolution explanatory of the act approved October 13, 1862, to increase the pay of certain officers and employees of the civil and legislative departments of Government;
which was read the first and second times.
Mr. Hilton moved a suspension of the rule requiring a reference of the joint resolution to a committee.
The motion was lost, and the resolution was referred to the Committee on Ways and Means.
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Mr. Hilton presented the letter of E. M. Garnett on the same subject; which was referred to the same committee, without being read.
Mr. Hanly offered the following resolution:
Resolved, That the President be, and he is hereby, respectfully requested to communicate to this House the number of quartermasters on duty in the city of Richmond at this time, their rank, and the duties they are severally engaged in;
which was read and agreed to.
Mr. Hilton offered the following resolution, viz:
Resolved, That from and after Monday next, the hour of the daily meetings of this House shall be eleven o'clock antemeridian.
Mr. Garland moved that the resolution be laid upon the table.
Mr. Hilton demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Batson, Bell, Boteler, Boyce, Burnett, Chambers, Chambliss, Clopton, Collier, Conrad, Crockett, Curry, Dargan, Davidson, Davis, De Jarnette, Dupré, Ewing, Farrow, Garland, Goode, Graham, Gray, Hanly, Hartridge, Holcombe, Holt, Jones, Kenner, Lyon, Lyons, Machen, McQueen, McRae, Miles, Moore, Preston, Pugh, Read, Sexton, Simpson, Smith of Virginia, Staples, Vest, Villeré, Wilcox, Wright of Georgia, and Mr. Speaker.
Nays: Bridgers, Eli M. Bruce, Horatio W. Bruce, Chilton, Chrisman, Clapp, Clark, Conrow, Foote, Foster, Freeman, Gaither, Gardenhire, Garnett, Gartrell, Hilton, Johnston, Lander, Lewis, Marshall, McDowell, Menees, Munnerlyn, Perkins, Ralls, Royston, Smith of North Carolina, Strickland, Trippe, and Wright of Tennessee.
So the resolution was laid upon the table.
On motion, leave of absence was granted Mr. Wright of Texas, on account of illness.
Mr. Smith of Virginia presented the memorial of G. Tochman in relation to his rank; which was referred to the Committee on Military Affairs, without being read.
Mr. Villeré moved that he be excused from further service upon the Committee on Claims; which was agreed to.
On motion of Mr. Miles,
The House proceeded to the consideration of the special order; which was
A bill to declare what persons shall be exempt from military service.
The question being on the motion of Mr. Dargan to recommit the bill and amendments to the Committee on Military Affairs,
Mr. Miles demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Baldwin, Batson, Bell, Boteler, Boyce, Breckinridge, Bridgers, Clark, Dargan, Davidson, Davis, De Jarnette, Ewing, Farrow, Foote, Gaither, Garnett, Goode, Hanly, Hodge, Holcombe, Johnston, Lewis, Marshall, McDowell, McQueen, Menees, Munnerlyn, Perkins, Preston, Ralls, Simpson, Smith of Alabama, Smith of North Carolina, Staples, Strickland, Trippe, Wright of Georgia, and Mr. Speaker.
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Nays: Atkins, Barksdale, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chambliss, Chilton, Chrisman, Clapp, Clopton, Collier, Conrad, Conrow, Crockett, Curry, Dupré, Elliott, Foster, Freeman, Gardenhire, Garland, Gartrell, Gray, Hartridge, Hilton, Holt, Jones, Kenner, Lander, Lyon, Lyons, Machen, McRae, Miles, Moore, Pugh, Read, Royston, Sexton, Singleton, Vest, Villeré, Wilcox, and Wright of Tennessee.
So the motion was lost.
Mr. Foote moved the previous question; which was ordered, and the first amendment of the committee, which is as follows, to wit:
Insert after the word "years" the words "not physically or mentally disqualified for service in the field,"
was agreed to.
The second amendment; which is as follows:
Insert after the word "States," in the sixth line, the words "and except those ministers of religion who are authorized to preach according to the rules of their sects and are in the regular discharge of ministerial duties,"
was agreed to.
The third amendment; which is as follows:
Add after the second amendment the words "and except such State troops as are now exempted by law from military service, so long as they remain in such State service,"
was agreed to.
The fourth amendment; which is as follows:
Strike out the words "and of the several States composing the Confederacy," and insert after the word "States," in the sixth line, the words "and such of the officers of the several States composing the Confederacy as are not by the laws of such State subject to military service in time of war,"
was agreed to.
The fifth amendment; which is as follows:
Provided, That this exemption shall not apply to such officers of any State as may now, or hereafter, by a law of such State, be made liable to military service in the armies of the Confederate States,
was agreed to.
The question being then on agreeing to the sixth amendment; which is as follows, viz:
Add at the end of the bill:
"And provided further, That no person shall be enrolled who has furnished a substitute in the Army, in accordance with orders heretofore issued by the Secretary of War, unless the substitute has deserted, or shall desert, or has become or shall become liable to military service,"
Mr. Baldwin demanded a division of the question.
The Chair decided that the question was not divisible.
From which decision Mr. Baldwin appealed.
And the question being,
Shall the decision of the Chair stand as the judgment of the House?
The same was decided in the affirmative.
The question recurring on agreeing to the amendment,
Mr. De Jarnette demanded the yeas and nays.
The yeas and nays were ordered,
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Yeas: Ashe, Atkins, Barksdale, Batson, Bell, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Conrad, Conrow, Curry, Dargan, Dupré, Elliott, Ewing, Farrow, Foote, Foster, Freeman, Gardenhire, Garland, Hilton, Holcombe, Holt, Johnston, Jones, Kenner, Lander, Lewis, Lyon, Machen, Marshall, McQueen, Menees, Miles, Moore, Munnerlyn, Perkins, Pugh, Royston, Simpson, Singleton, Vest, Villeré, and Wilcox.
Nays: Arrington, Baldwin, Bridgers, Chambliss, Clark, Clopton,Collier, Crockett, Davidson, De Jarnette, Gaither, Gartrell, Goode, Graham, Hanly, Hartridge, Lyons, McDowell, McRae, Preston, Ralls, Read, Sexton, Smith of North Carolina, Strickland, and Trippe.
So the amendment was agreed to.
The question then being on agreeing to the amendment offered by Mr. Collier,
Mr. Collier demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Bell, Bridgers, Burnett, Chambliss, Clapp, Clark, Collier, Conrad, Dargan, Davidson, De Jarnette, Dupré, Farrow, Foote, Gaither, Goode, Gray, Hanly, Hartridge, Holcombe, Lyons, Machen, Marshall, McDowell, Menees, Perkins, Preston, Ralls, Royston, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Strickland, and Trippe.
Nays: Barksdale, Batson, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clopton, Conrow, Crockett, Curry, Ewing, Foster, Freeman, Gardenhire, Gartrell, Graham, Hilton, Holt, Johnston, Jones, Kenner, Lander, Lewis, Lyon, McQueen, McRae, Miles, Moore, Munnerlyn, Pugh, Read, Sexton, Simpson, Vest, Villeré, Wilcox, Wright of Georgia, and Wright of Tennessee.
So the amendment was agreed to, and the bill as amended was engrossed and read a third time.
The question being on the passage of the same,
Mr. Johnston demanded the yeas and nays.
The yeas and nays were ordered.
Yeas: Chambliss, Clapp, Collier, Conrad, Dupré, Ewing, Garnett, Hartridge, Johnston, Machen, Marshall, Ralls, Royston, and Staples.
Nays: Arrington, Ashe, Atkins, Baldwin, Barksdale, Batson, Bell, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clopton, Crockett, Curry, Dargan, Davidson, De Jarnette, Farrow, Foote, Foster, Freeman, Gaither, Gardenhire, Garland, Gartrell, Goode, Graham, Gray, Hanly, Hilton, Hodge, Holcombe, Holt, Jones, Kenner, Lander, Lewis, Lyons, McDowell, McQueen, McRae, Menees, Miles, Moore, Munnerlyn, Perkins, Preston, Pugh, Read, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Vest, Villeré, Wilcox, Wright of Georgia, and Wright of Tennessee.
So the bill was lost.
Mr. Holcombe called for the special order.
On motion of Mr. Kenner, the same was postponed.
Mr. Kenner, by consent, from the Committee on Ways and Means, to which was referred a bill of the Senate entitled "A bill to authorize
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the appointment of assistants to the Register in signing bonds and certificates," reported the same back, with the recommendation that it pass.
The bill was taken up, read a third time, and passed.
The House then proceeded to the consideration of the special order of business; which was
A bill to be entitled "An act to authorize and regulate the impressment of private property for the use of the Army and other military purposes."
Pending the consideration of which,
On motion of Mr. Kenner,
The House adjourned until 12 o'clock to-morrow.
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