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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-SEVENTH DAY--FRIDAY, February 13 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Burrows.
Mr. Gartrell, by unanimous consent, offered
A joint resolution of thanks to Gen. John H. Morgan and the officers and men under his command;
which was read first and second times and referred to the Committee on Military Affairs.
Mr. Atkins moved that the special committee of five to examine into frauds in transportation on railroads be enlarged by the addition of one member.
The motion was agreed to, and
The Chair appointed Mr. Foote of Tennessee.
Mr. Atkins moved to suspend the rules so as to allow the Speaker to appoint a chairman for said committee.
The motion prevailed, and
The Speaker appointed Mr. Foote chairman of said committee.
Mr. McDowell offered the following resolution; which was read and agreed to, to wit:
Resolved, That the Committee on the Judiciary inquire into the expediency of reporting a bill providing for the sale of all negroes taken in arms against the Confederate States, the proceeds to be divided among the troops engaged in their capture.
Mr. Jones, the Delegate from the Choctaw Nation, by consent, presented the memorial of Jones & Thebo, for articles, stores, etc., furnished the Choctaw Volunteers; which was referred to the Committee on Claims, without being read.
Mr. Arrington presented the memorial of Col. Wharton J. Green, praying compensation for property taken by the enemy at the battle of Roanoke Island; which was referred to the Committee on Claims, without being read.
Mr. Ashe presented the memorial of John Manning, praying to be restored to rank and service in the Navy; which was referred to the Committee on Naval Affairs, without being read.
Mr. Boyce presented the memorial of sundry citizens of the State of South Carolina in relation to Sunday mails; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. McQueen presented the memorial of John P. Ellis for value of a negro lost in service; which was referred to the Committee on Claims, without being read.
Mr. Gartrell moved that when this House adjourns to-day it adjourn to meet at 12 o'clock on Monday next.
Mr. Jones of Tennessee demanded the yeas and nays thereon;
Which being ordered,
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Yeas: Ashe, Atkins, Bell, Boteler, Boyce, Breckinridge, Burnett, Chrisman, Collier, Conrad, Crockett, Currin, Dargan, Freeman, Gaither, Garland, Gartrell, Goode, Graham, Hanly, Hartridge, Holcombe, Johnston, Kenan of Georgia, Kenner, Lewis, Lyons, McQueen, Miles, Moore, Munnerlyn, Preston, Read, Russell, Sexton, Simpson, Singleton, Strickland, Villeré, Wilcox, and Wright of Tennessee.
Nays: Arrington, Baldwin, Batson, Bridgers, Eli M. Bruce, Horatio W. Bruce, Clark, Clopton, Conrow, Curry, Davidson, De Jarnette, Dupré, Ewing, Foote, Foster, Gardenhire, Garnett, Hilton, Holt, Jones, Kenan of North Carolina, Lander, Machen, Marshall, McLean, Menees, Perkins, Ralls, Royston, Smith of Alabama, Smith of North Carolina, Staples, and Trippe.
So the motion prevailed.
On motion of Mr. Strickland, leave of absence was granted Mr. Wright of Georgia, on account of sickness.
Mr. Foote moved that the House resolve itself into secret session.
Upon which motion Mr. Royston demanded the yeas and nays;
Which being ordered,
Yeas: Ashe, Atkins, Bell, Boyce, Breckinridge, Bridgers, Eli M. Bruce, Burnett, Collier, Conrow, Dupré, Foote, Gardenhire, Gartrell, Lyons, Machen, Menees, Moore, Preston, Read, Sexton, Simpson, Smith of Alabama, Strickland, Wilcox, and Mr. Speaker.
Nays: Arrington, Baldwin, Batson, Boteler, Horatio W. Bruce, Chilton, Chrisman, Clark, Clopton, Crockett, Currin, Curry, Dargan, Davidson, De Jarnette, Ewing, Foster, Freeman, Gaither, Garnett, Goode, Hanly, Harris, Hartridge, Hilton, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lewis, McLean, McQueen, McRae, Miles, Munnerlyn, Perkins, Pugh, Ralls, Royston, Russell, Singleton, Smith of North Carolina, Staples, Trippe, and Wright of Tennessee.
So the House refused to resolve itself into secret session.
Mr. Garnett moved to suspend the rules to enable him to make a report from the Committee on Military Affairs.
The motion prevailed.
And Mr. Garnett, from the Committee on Military Affairs, to which had been referred
A resolution in reference to allowing commutation for deficiencies in rations,
reported and recommended the passage of
A bill to allow commutation for deficiencies in rations;
which was taken up, read first and second times, engrossed, read a third time, and passed.
Mr. Lewis, from the Committee on Rules and Officers of the House, to which had been referred
A resolution to change the rules of the House,
reported the same back, with the recommendation that it pass.
And the resolution having been read as follows, to wit:
Resolved, That hereafter the business immediately after the morning hour shall be the call of committees.
Mr. Curry moved to amend the report of the committee by adding thereto the words
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That the morning hour of Mondays, Wednesdays, and Fridays be devoted to the call of committees.
Mr. Baldwin moved to amend the amendment of Mr. Curry by adding thereto the words
And the chairmen of the several committees be allowed to file their reports with the Clerk of the House, which reports shall be placed on the Calendar in their respective order.
The amendment to the amendment was lost.
Mr. Kenan of Georgia moved to amend the amendment of Mr. Curry by adding thereto the words
And the Committees on Ways and Means and Military Affairs be allowed to report at any time.
Mr. Foote called the previous question; which was ordered, and the amendment of Mr. Kenan of Georgia to the amendment of Mr. Curry was agreed to.
The amendment of Mr. Curry as amended was agreed to.
And the question recurring upon agreeing to the report of the committee as amended,
The same was agreed to.
And by unanimous consent, the rule as amended was referred to the Speaker, to be placed in proper form and reported back to the House.
Mr. Royston called for the special order of the day.
Mr. Foote moved that the House resolve itself into secret session.
The motion was lost, and
The House proceeded to the consideration of the special order of the day; which was the consideration of the amendment of Mr. Baldwin to the first section of
A bill to authorize and regulate impressments of private property for the use of the Army and other military purposes.
And Mr. Lyons having, by consent, withdrawn his amendment to the first section, the amendment of Mr. Baldwin was agreed to.
Mr. Collier moved to amend the first section by inserting before the word "property" the word "private."
The amendment was agreed to.
Mr. Chilton, by unanimous consent, moved to strike out the word "commissioned" in the first section.
The amendment was agreed to.
Mr. Hanly moved to amend the first section by striking out the whole of the same and inserting in lieu thereof the following, to wit:
It shall not be lawful hereafter for any officer in the military service of the Confederate States to impress or take private property for the use of the Army or other military purpose, except when authorized in the following manner; that is to say: Whenever an officer commanding a military district or department shall become satisfied that any property within his district or department is necessary for the use of the army under his command or other military exigency pertaining to his district or department, and that the same can not be procured or obtained for immediate use except by impressment, he may authorize the impressment of such property by an order in writing, specifying therein the property to be impressed and the use to which it is to be applied, which order shall in all cases be exhibited to the person owning or having in possession the property to be impressed before such impressment is absolutely made: Provided, Such person be present at or convenient to the place where the impressment shall be made.
The amendment was lost.
Mr. Gardenhire moved to amend the first section by inserting after the word "writing" the words "specifying the quantity and kind of property to be seized."
The amendment was lost.
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And the House having proceeded to the consideration of the second section of the bill,
Mr. Holcombe moved to amend the same by striking out the word "employed" and inserting in lieu thereof the word "impressed."
The amendment was agreed to.
Mr. Garnett moved to amend by adding at the end of the section the words
Provided, That no impressment of slaves shall be made where they can be hired at the usual market rates.
The amendment was agreed to.
Mr. Chambers moved to amend by adding at the end of the section the words
And in cases of impressment under rules and regulations prescribed by the Secretary of War, not more than one-third of the able-bodied adult male slaves on or belonging to the premises shall be taken; nor shall any slaves be taken by impressment for a longer period than sixty days; nor shall there be a second impressment of slaves on the same premises until the first taken shall have been returned.
The amendment was lost.
Mr. Garnett moved to reconsider the vote just taken.
Upon which Mr. Hilton called the question; which was ordered, and the motion to reconsider did not prevail.
Mr. Lyons moved to amend by striking out the whole of the second section and inserting in lieu thereof the following, to wit:
Slaves may be impressed for the purpose of laboring upon fortifications or other military works, or to act as teamsters for the Army, when they can not be hired at the usual market rates from their owners, and not otherwise; but such impressments shall always be made in conformity with the law of the State in which the impressment is made, if there be any such law. And if there be no such State law, then, before any impressment is made, the following rules shall be observed, to wit: The impressing officer shall procure from the court of the city, county, or town in which the slaves to be impressed are, or from the circuit judge, the appointment of three disinterested farmers or planters, if in the country, and freeholders if in town, being slave owners, to go with him, and in the presence of the owner of the slave, if he will attend after notification, assess the hire and ascertain the value of the slave to be impressed, and his fee simple value, of which they shall furnish each party with a certificate in writing, signed by themselves; and at the foot, or upon the back of such certificate, the impressing officer shall give to the owner a receipt for the slave or slaves impressed: Provided, however, That in no instance shall a slave be impressed who is under the age of eighteen or over the age of forty years, or who is unsound, or from any defect incompetent to perform the duty required of him. But the owner may, if he pleases, substitute a slave over the age of forty for one under that age, before the valuation is made, if the substitute be sound and able-bodied.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
A bill to authorize the appointment of assistants to the Register in signing bonds and certificates.
And the Speaker signed the same.
Mr. Garnett moved to amend by adding at the end of the section the following, to wit:
But slaves shall not be impressed in any county or district except under authority of the President, and in ordering such impressment, due regard shall be had to the losses suffered by such county or district by the escape of slaves to the enemy, and the probable effect of the order of impressment in exciting the further escape of slaves therein.
The amendment was lost.
Mr. Baldwin moved to amend the second section by striking out the words "required to labor on fortifications and other public works" and inserting in lieu thereof the word "necessary."
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Mr. Clark demanded the previous question; which was ordered, and the amendment of Mr. Baldwin was lost.
And the question being on agreeing to the amendment of Mr. Lyons,
The same was lost, and the bill was engrossed.
Mr. Holcombe moved to reconsider the vote by which the House ordered the bill to be engrossed for a third reading.
Mr. Read moved that the House do now adjourn.
The motion was lost.
Mr. Goode called the question; which was upon the motion of Mr. Holcombe to reconsider the vote on the engrossment of the bill.
The question was ordered, and the motion to reconsider did not prevail.
And the bill was read a third time;
When,
Mr. Holt moved that the House do now adjourn.
The motion was lost.
And the question recurring on the passage of the bill,
Mr. Lyons demanded the yeas and nays thereon;
Which being ordered,
Yeas: Atkins, Baldwin, Barksdale, Batson, Boteler, Boyce, Horatio W. Bruce, Burnett, Chilton, Clark, Clopton, Conrad, Conrow, Curry, Dargan, Davidson, Foote, Foster, Freeman, Garland, Garnett, Goode, Graham, Gray, Harris, Hilton, Holcombe, Jones, Kenan of Georgia, Kenan of North Carolina, Lewis, Lyon, Machen, Marshall, McLean, McQueen, McRae, Miles, Moore, Munnerlyn, Pugh, Read, Royston, Russell, Sexton, Simpson, Singleton, Strickland, Villeré, Wilcox, Wright of Tennessee, and Mr. Speaker.
Nays: Bridgers, Chambers, Dupré, Hanly, Kenner, Lyons, and Perkins.
So the bill was passed.
The Chair presented a message from the President; which is as follows, to wit:
Richmond, Va., February 13, 1863.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an "estimate for the incidental and contingent expenses of the Army and of the Department of War until the 30th of June next."
I recommend an appropriation [of the amount] and for the purpose specified.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
And on motion of Mr. Foote,
The House adjourned until 12 o'clock m. on Monday.
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