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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 --FIFTIETH DAY--FRIDAY, March 13, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
FIFTIETH DAY--FRIDAY, March 13, 1863.

OPEN SESSION.

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

Mr. Ralls moved that when the House adjourn to-day it adjourn to meet at 11 o'clock to-morrow.

The motion was agreed to.

Mr. Harris moved that the rules be suspended to enable him to introduce a resolution.

The motion was lost.

On motion of Mr. Bridgers, leave of absence was granted to Mr. Smith of North Carolina.

On motion of Mr. Garnett,

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

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

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

• S. 48. An act to authorize the discharge of certain civil officers from the military service of the Confederate States.

They have also passed a bill entitled

• H. R. 9. An act to authorize and regulate the impressment of private property for the use of the Army and other military purposes,

With amendments; in which bill and amendments I am directed to ask the concurrence of this House.

The Senate have disagreed to the amendment of this House to joint resolution (S. 8) entitled "Joint resolution relating to the production of provisions."

On motion of Mr. Holcombe,

The House took up for consideration the bill to authorize and regulate the impressment of private property for the use of the Army and other military purposes, returned from the Senate with an amendment.

Mr. Holcombe moved that the House disagree to the amendment of the Senate.

And the question being on disagreeing to the amendment of the Senate; which is as follows, viz: Strike out all after the enacting clause and insert

That when any officer in the military service of the Confederate States, in command of troops, or charged with the duty of supplying an army, shall impress into the public service any property belonging to a citizen of any of the Confederate States, or to any peaceful resident of the same, such officer shall, before appropriating the same to the public use, cause a valuation and appraisement thereof, upon proof of value, to be made by three or more disinterested citizens, if it can be done without injurious delay, and if the appraisement shall seem just and fair, he shall indorse upon it his approval; if not, he shall indorse on it his reasons for refusing, and deliver the same, together with a receipt for the property impressed, to the owner, his agent or attorney, and as soon as practicable forward a copy of the receipt and appraisement and his indorsement thereon to the head of the department having charge of the species of property taken. Where an appraisement can not be conveniently made, he shall deliver a receipt to the owner, his agent or attorney, and forward a copy as above directed.

• Sec. 2. That the persons selected to appraise property impressed as provided in the first section, shall in all cases, before acting, take and subscribe an oath that the appraisement they are called upon to make shall be just, and, as near as they can estimate the same, a fair value of the impressed property.
• Sec. 3. Where property is impressed, and after temporary use or service it is returned to the owner, his agent or attorney, the value of such use or service shall be ascertained and acted upon as directed in the foregoing section.
• Sec. 4. That upon the production of the receipt of the officer for property impressed and the valuation of the same, or for the use and service of such when returned to the owner, approved by said officer, it shall be the duty of the proper disbursing officer to pay the amount thereof to the owner of such property, his agent or attorney, as in the case of property duly purchased or hired, and the acceptance of pay from Government shall, in all cases, operate as a release of all claim or right of action against the officer taking the property or ordering it to be done. Where there has been no appraisement or valuation, or where such appraisement and valuation are not approved by the officer taking the property, the claim shall be referred to the proper accounting officer of the Government, to be settled according to the principles of equity and justice.
• Sec. 5. That any officer in the military service of the Confederate States who shall wantonly or oppressively impress or take any property of a citizen of any of the Confederate States, or of a peaceful resident of the same, or who shall do so except when necessary to avert impending danger, or to prosecute successfully important military operations, shall be deemed a trespasser, and held liable for damages as such to any citizen or resident so deprived of his property, to be recovered in any court having jurisdiction in the premises, and shall further be tried by a court martial or military court, and on conviction shall be dismissed the service.
• Sec. 6. That property necessary for the support of the owner and his family, and necessary to carry on his ordinary agricultural and manufacturing business until the

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  harvesting of the next crop, shall not be taken for the public use; to be ascertained by the oath of the appraisers hereinbefore authorized, when the owner and officer can not agree, and the decision of the appraisers shall be binding on the officer.

• Sec. 7. That previous to the first day of October next, no slave laboring on a farm or plantation, exclusively devoted to the production of grain and provisions, shall be taken for the public use public use without the consent of the owner, except in case of urgent necessity,

Mr. Holcombe demanded the question; which was ordered.

Mr. Jones moved that the House reconsider the vote ordering the previous question.

The motion was lost.

Mr. Collier called for the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 41
• Nays ... 34

Yeas: Arrington, Baldwin, Bridgers, Chambliss, Clopton, Collier, Conrad, Curry, De Jarnette, Foster, Gardenhire, Garland, Garnett, Goode, Graham, Gray, Hartridge, Heiskell, Herbert, Holcombe, Lyon, Machen, Marshall, McDowell, Menees, Miles, Miller, Moore, Munnerlyn, Preston, Ralls, Russell, Sexton, Simpson, Staples, Strickland, Tibbs, Trippe, Vest, Wright of Texas, and Mr. Speaker.

Nays: Atkins, Barksdale, Batson, Boyce, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clapp, Conrow, Dupré, Elliott, Ewing, Farrow, Freeman, Gartrell, Hilton, Jones, Kenan of North Carolina, McQueen, McRae, Perkins, Pugh, Read, Royston, Singleton, Smith of Alabama, Swan, Villeré, Welsh, and Wright of Tennessee.

So the amendment was disagreed to.

Mr. Holcombe moved that a committee of three be appointed to confer with a committee on the part of the Senate on the disagreeing votes of the two Houses on the bill to authorize and regulate the impressment of private property for the use of the Army and other military purposes; which was agreed to.

The Chair announced as the committee on the part of the House Messrs. Holcombe of Virginia, Chilton of Alabama, and Garland of Arkansas.

A message was received from the Senate; which is as follows, viz:

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

• S. 81. An act to provide for the payment of certain North Carolina troops from the time of their enlistment;

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

On motion,

The House adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

Mr. Heiskell moved to reconsider the vote by which the amendment of Mr. Machen to the resolutions of Mr. Garnett was agreed to.

Mr. Foote called the question.

The call was sustained, and

Mr. Swan demanded the yeas and nays thereon;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 34
• Nays ... 47

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Yeas: Boyce, Breckinridge, Chambers, Chambliss, Clapp, Clopton, Collier, Conrad, Curry, Dupré, Garnett, Gartrell, Gray, Hanly, Hartridge, Heiskell, Hilton, Marshall, McQueen, Miles, Perkins, Preston, Pugh, Ralls, Sexton, Simpson, Strickland, Swan, Trippe, Vest, Villeré, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

Nays: Arrington, Ashe, Atkins, Baldwin, Batson, Bridgers, Horatio W. Bruce, Burnett, Chilton, Chrisman, Conrow, Currin, Dargan, Davidson, De Jarnette, Elliott, Ewing, Farrow, Foote, Freeman, Gardenhire, Garland, Goode, Graham, Harris, Herbert, Holcombe, Jones, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, McDowell, McRae, Menees, Miller, Moore, Read, Royston, Russell, Singleton, Smith of Alabama, Smith of Virginia, Tibbs, Welsh, and Wilcox.

So the motion to reconsider did not prevail.

Mr. Dupré called for the previous question.

The call was sustained.

And the question being upon agreeing to the proviso of Mr. Russell to the resolution as amended,

Mr. Garnett demanded the yeas and nays thereon;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 47
• Nays ... 29

Yeas: Arrington, Ashe, Baldwin, Barksdale, Batson, Breckinridge, Horatio W. Bruce, Burnett, Chambliss, Chilton, Chrisman, Clapp, Clopton, Conrow, Currin, Curry, De Jarnette, Elliott, Ewing, Foote; Foster, Freeman, Garland, Gartrell, Goode, Harris, Hartridge, Hilton, Hodge, Holcombe, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, McDowell, Miles, Miller, Moore, Royston, Russell, Simpson, Singleton, Smith of Alabama, Swan, Tibbs, and Welsh.

Nays: Atkins, Boyce, Chambers, Collier, Davidson, Dupré, Farrow, Garnett, Graham, Gray, Hanly, Heiskell, Herbert, Jones, Marshall, McQueen, Menees, Perkins, Pugh, Ralls, Sexton, Staples, Strickland, Trippe, Vest, Villeré, Wilcox, Wright of Tennessee, and Wright of Texas.

So the amendment was agreed to.

And the question being upon agreeing to the resolutions as amended,

Mr. Swan demanded the yeas and nays thereon;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 41
• Nays ... 41

Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Batson, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Chilton, Chrisman, Conrow, Currin, Dargan, Davidson, Elliott, Ewing, Foote, Freeman, Gardenhire, Garland, Goode, Hodge, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, McDowell, Menees, Miller, Moore, Read, Royston, Russell, Singleton, Smith of Alabama, Tibbs, Welsh, and Wilcox.

Nays: Boyce, Breckinridge, Chambers, Chambliss, Clapp, Clopton, Collier, Conrad, Curry, De Jarnette, Farrow, Foster, Garnett, Gartrell, Gray, Hanly, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Jones, Marshall, McQueen, Miles, Munnerlyn, Perkins, Preston, Pugh, Ralls, Sexton, Simpson, Staples, Strickland, Swan, Trippe, Vest, Villeré, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

So the resolutions were lost.

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Mr. Chilton moved to suspend the rules to enable him to introduce a resolution.

The motion was lost, and

The House went into Committee of the Whole, Mr. Chilton in the chair, on a bill to lay taxes for the common defense and to carry on the Government of the Confederate States; 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. Jones moved to reconsider the vote by which the amendment of Mr. Machen, as amended, to Mr. Garnett's resolution, was lost.

A message was received from the Senate, by the hands of Mr. Nash, the Secretary of that body; which is as follows, to wit:

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

• Secret S. 39. An act to suspend for a limited period the several acts authorizing furloughs or leaves of absence to be granted;

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

Mr. Kenner, from the Committee on Ways and Means, to whom sundry amendments of the Senate to amendments of the House to a Senate bill to provide for the further issue of Treasury notes, and for other purposes, were referred, reported:

The committee recommend that the House insist on the House amendments numbered 14, 17, and 18, and recede from 19, 21, and 22.

Mr. Atkins demanded the question.

Pending which,

The House,

On motion of Mr. Machen,

Went into open session.

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