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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 --THIRTY-FIRST DAY--THURSDAY, February 19, 1863.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
THIRTY-FIRST DAY--THURSDAY, February 19, 1863.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Wise.

Mr. Miles, by consent, from the Committee on Military Affairs, reported and recommended the passage of

A bill to be entitled "An act to exempt certain persons from military duty, and to repeal all acts heretofore passed by Congress on the same subject;"
which was read the first and second times.

On motion of Mr. Miles, the bill was ordered to be printed.

Mr. Chilton moved that the call of States be suspended to enable him to make a report from the Committee on Quartermaster's and Commissary Departments, and thereupon demanded the years and nays.

The years and nays were ordered,

Yeas: Arrington, Ashe, Atkins, Barksdale, Batson, Bell, Boteler, Boyce, Eli M. Bruce, Horatio W. Bruce, Burnett, Chilton, Clark, Clopton, Conrad, Conrow, Currin, Curry, Dargan, De Jarnette, Ewing, Foote, Foster, Gaither, Gartrell, Graham, Hartridge, Hilton, Hodge, Holcombe, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lewis, Lyon, Lyons, Machen, Marshall, McDowell, McQueen, Menees, Miles, Munnerlyn, Perkins, Royston, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Vest, Villeré, Wright of Tennessee, and Wright of Texas.

Nays: Baldwin, Breckinridge, Chambliss, Collier, Crockett, Davidson, Dupré, Freeman, Garnett, Goode, Hanly, McLean, Preston, Ralls, Read, Russell, Staples, Wilcox, and Mr. Speaker.

So the rules were suspended, and

Mr. Chilton, from the Committee on Quartermaster's and Commissary Departments, to which was referred


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A bill to be entitled "An act to prohibit quartermasters and others from speculating,"
reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Chilton, from the same committee, to which was referred

A bill to be entitled "An act to prevent fraud in the Quartermaster's and Commissary Departments, and the obtaining under false pretense transportation for private property,"
reported the same back, with the recommendation that it pass.

The question being on postponing and placing the same upon the Calendar,

It was decided in the negative.

And the bill having been read as follows, viz:

Mr. Chilton moved to amend the fourth section thereof by inserting after the word "purchased" the words "the place of his or her residence;" which was agreed to.


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Mr. Gartrell moved to amend the fifth section thereof by inserting after the word "year" the words "nor longer than five years;" which was agreed to.

Mr. Gartrell moved further to amend the fifth section by striking out the word "jury" and inserting in lieu thereof the words "judge trying such cause."

The amendment was lost.

Mr. Hanly moved to amend the same section by inserting before the word "Provided" the words
And the State courts having criminal jurisdiction in the place where any such acts or offenses herein defined may be committed shall have concurrent jurisdiction with the Confederate courts to indict and try offenders under this act.

The amendment was lost.

Mr. Gaither moved that the House reconsider the vote by which the amendment of Mr. Gartrell was rejected, and thereupon demanded the yeas and nays;

Which were ordered,

Yeas: Arrington, Ashe, Batson, Bell, Boyce, Bridgers, Horatio W. Bruce, Conrad, Crockett, Currin, Dargan, Davidson, De Jarnette, Dupré, Elliott, Ewing, Gaither, Gartrell, Graham, Hartridge, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lewis, McDowell, McLean, McQueen, McRae, Simpson, Smith of North Carolina, Trippe, and Vest.

Nays: Atkins, Baldwin, Burnett, Chambliss, Chilton, Chrisman, Clark, Clopton, Collier, Conrow, Curry, Foote, Foster, Freeman, Garland, Garnett, Goode, Hanly, Harris, Hodge, Holcombe, Lyon, Lyons, Machen, Marshall, Menees, Miles, Moore, Munnerlyn, Preston, Ralls, Royston, Russell, Sexton, Smith of Alabama, Staples, Strickland, Wilcox, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

So the House refused to reconsider the vote.

Mr. Chilton moved to amend the fifth section by adding thereto the following, viz:
Provided also, That all conservators of the peace who by the laws of the several States have jurisdiction to commit or bind over offenders for breaches of the criminal laws of the State in which they may reside shall have power to commit or bind over, in a sufficient recognizance, offenders against the provisions of this law, to appear at the next term of the district court of the Confederate States within the jurisdiction of which the offense was committed, for trial, in the same manner and under the same rules as if such preliminary trial were had before the judge of such district courts;
which was agreed to.

Mr. Smith of North Carolina moved to amend the same section by striking out the words "at the discretion of the jury trying said case" and inserting in lieu thereof of the following words: "to be imposed by the judge or jury trying the cause, according to the course of judicial proceeding in force in the several States."

Mr. Dargan moved to amend the bill by adding thereto, as an additional section, the following, to wit:


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Mr. Hodge demanded the previous question; which was ordered.

And the question being on the amendment offered by Mr. Smith of North Carolina,

Mr. Ashe demanded the yeas and nays.

The yeas and nays were ordered,

Yeas: Arrington, Ashe, Batson, Bell, Boyce, Bridgers, Horatio W. Bruce, Chrisman, Collier, Conrad, Conrow, Crockett, Currin, Davidson, Dupré, Elliott, Freeman, Gaither, Garnett, Gartrell, Goode, Hanly, Harris, Hilton, Holcombe, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lewis, Marshall, McDowell, McLean, McQueen, McRae, Miles, Perkins, Ralls, Russell, Simpson, Smith of Alabama, Smith of North Carolina, Trippe, Vest, Villeré, Wright of Georgia, Wright of Tennessee, and Mr. Speaker.

Nays: Atkins, Baldwin, Boteler, Eli M. Bruce, Burnett, Chambliss, Chilton, Clark, Clopton, Curry, Dargan, Ewing, Foote, Garland, Graham, Hartridge, Kenner, Machen, Menees, Moore, Preston, Pugh, Royston, Sexton, Singleton, Staples, Strickland, and Wilcox.

So the amendment was agreed to.

The question then recurring on the amendment of Mr. Dargan,

The same was agreed to, and the bill as amended was engrossed, read a third time, and passed.

On motion of Mr. Chilton, the forty-second rule was suspended, and the bill was ordered to be reported immediately to the Senate.

On motion of Mr. Machen, leave of absence was granted to Mr. Burnett, on account of family affliction.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, viz:

Mr. Speaker: The Senate have passed, without amendment, a bill of the following title, viz:

They have also concurred in the amendments of this House to the bill (S. 35) to authorize the issue of bonds for funding Treasury notes.

A message was also received from the Senate, by their Secretary, Mr. Nash; which is as follows:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

In which I am directed to ask the concurrence of this House.

Mr. Hilton, from the Committee on Military Affairs, to which was referred a bill and sundry resolution in relation to substitutes in the Army, reported the same back, asked to be discharged from their further consideration, and that the same lie upon the table; which was agreed to.

Mr. Hilton, from the same committee, reported

A bill to be entitled "An act in relation to substitutes in the Army," with the recommendation that it pass.

The bill was read the first and second times and, on motion of Mr. Hilton, was ordered to be printed.

On motion of Mr. Hodge, the bill for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes, was made a continuing special order, from day to day, until concluded.


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On motion of Mr. Kenner,

The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;

When,

On motion of Mr. Wilcox,

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

SECRET SESSION.

The House being in secret session,

On motion of Mr. Kenner,

The House resolved itself into Committee of the Whole, Mr. Russell being in the chair, on a bill to fund the currency; and having spent some time therein, the committee rose and, through their Chairman, reported that they had had under consideration the matter referred to them and had come to no conclusion thereon.

Mr. Perkins offered the following resolution, viz:

Resolved, That the Secretary of the Treasury give information in person to this House, concerning the recommendation in his recent report on the financial condition of the country.

Pending the consideration of which,

The House,

On motion of Mr. Wilcox,

Resolved itself into open session.

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