A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --SIXTY-FOURTH DAY--TUESDAY, March 31, 1863.
Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
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Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
SIXTY-FOURTH DAY--TUESDAY, March 31, 1863.
OPEN SESSION.
The House met pursuant to adjournment.
Mr. Hilton moved that he be excused from further service upon the special committee of one from each State appointed to provide for the relief of sick and disabled soldiers; which was agreed to.
The Chair appointed Mr. Martin of Florida thereon in place of Mr. Hilton.
The Chair also appointed upon the Committee on Naval Affairs Mr. Martin of Florida, and upon the Committee on Rules and Officers of the House Mr. Jones of Tennessee.
On motion of Mr. Holt, leave of absence was granted to Mr. Hartridge, on account of sickness.
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Mr. Gartrell moved that the rule requiring a call of the States for memorials, resolutions, etc., be suspended, and that the House proceed with the call of the committees.
The motion was lost.
Mr. Clapp introduced
A bill to provide for keeping in repair the railroads of the Confederate States necessary for the transportation of troops and Government supplies;
which was read the first and second times, ordered to be printed, and laid upon the table.
Mr. Welsh introduced
A bill to repeal all laws authorizing the employment of substitutes in the armies of the Confederate States;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Barksdale presented the memorial of Elisha Taylor and others, of Rankin County, Miss., in relation to the sequestration of certain property; which was referred to the Committee on the Judiciary, without being read.
Mr. Harris introduced
A bill to provide for the relief of officers and soldiers who have been irregularly introduced into the military service of the Confederate States;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Harris also offered the following resolution, to wit:
Resolved, That the Committee on Public Printing be instructed to inquire into the expediency of amending act numbered two hundred and eight of the Provisional Congress, so as to provide for the printing and distribution, or sale, of a larger number of copies of the laws, and to report by bill or otherwise;
which was read and agreed to.
Mr. Harris introduced
A bill to regulate the payment of mileage to officers in the service of the Confederate States;
which was read the first and second times.
Mr. Harris moved that the rule requiring a reference of the bill be suspended.
The motion was lost, and the bill was referred to the Committee on Quartermaster's and Commissary Departments and Military Transportation.
Mr. Harris also introduced
A bill to prohibit the improper employment of soldiers and sailors;
which was read the first and second times.
Mr. Harris moved that the rule requiring a 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. Harris also introduced
A bill to facilitate the authentication of official and other bonds;
which was read the first and second times and referred to the Committee on Quartermaster's and Commissary Departments.
Mr. McDowell offered the following resolution, to wit:
Resolved (the Senate concurring), That the President of the Senate and the Speaker of the House of Representatives shall adjourn their respective bodies, sine die, on Monday the thirteenth of April, at twelve o'clock meridian.
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Mr. McDowell demanded the question.
The question was ordered.
Mr. Davis moved that the House reconsider the vote by which the question was ordered; which was agreed to, and the demand for the question was withdrawn.
Mr. Barksdale moved to amend the resolution by striking out the word "thirteenth" and inserting in lieu thereof the word "twenty-seventh."
Mr. Wright of Texas moved to lay the resolution and amendment upon the table, and demanded the yeas and nays;
Which were ordered,
And are recorded as follows, to wit:
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Yeas ... 41
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Nays ... 42
Yeas: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clapp, Collier, Conrad, Crockett, De Jarnette, Dupré, Ewing, Farrow, Foster, Garnett, Gray, Hanly, Harris, Heiskell, Hilton, Hodge, Holcombe, Johnston, Jones, Kenner, Lewis, Machen, Martin, Miles, Moore, Perkins, Preston, Read, Russell, Sexton, Simpson, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Atkins, Batson, Bell, Boyce, Breckinridge, Chambliss, Chilton, Clark, Clopton, Conrow, Currin, Curry, Davidson, Davis, Freeman, Gardenhire, Garland, Gartrell, Herbert, Holt, Kenan of Georgia, Kenan of North Carolina, Lyon, Marshall, McDowell, McLean, McQueen, McRae, Menees, Pugh, Ralls, Royston, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Vest, Wright of Georgia, and Wright of Tennessee.
So the House refused to lay the resolution and amendment on the table.
The amendment was lost.
Mr. Curry moved to amend the resolution by striking out all thereof after the word "Resolved" and inserting in lieu thereof the words
That the President of the Senate and Speaker of the House of Representatives adjourn their respective bodies at twelve meridian, twenty-eighth day of April next, to meet on Monday, the sixteenth day of November next, at twelve meridian.
Mr. Curry demanded the question; which was ordered.
Mr. Kenan of Georgia demanded the yeas and nays;
Which were ordered,
And are recorded as follows, to wit:
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Yeas ... 38
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Nays ... 47
Yeas: Baldwin, Barksdale, Bell, Boteler, Chilton, Clapp, Clopton, Conrad, Conrow, Curry, De Jarnette, Ewing, Farrow, Freeman, Gray, Hanly, Harris, Heiskell, Hilton, Holcombe, Holt, Jones, Kenner, Lewis, Lyon, Machen, Marshall, Menees, Perkins, Preston, Read, Russell, Sexton, Simpson, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Atkins, Batson, Boyce, Breckinridge, Bridgers, Horatio W. Bruce, Chambliss, Clark, Collier, Crockett, Currin, Dargan, Davidson, Davis, Foster, Gardenhire, Garland, Garnett, Gartrell, Herbert, Hodge, Johnston, Kenan of Georgia, Kenan of North Carolina, Lander, Martin, McDowell, McLean, McQueen, McRae, Miles, Miller, Moore, Pugh, Ralls, Royston, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Villeré, Wright of Georgia, Wright of Tennessee, and Mr. Speaker.
So the amendment was lost.
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Mr. Machen moved to amend the same by striking out all thereof after the word "Resolved" and inserting in lieu thereof the words
by the Senate and House of Representatives, That the Congress of the Confederate States will adjourn on Monday, the twenty-seventh of April, at twelve meridian, to meet again on Monday, the fifth of October next.
Mr. Russell moved that the resolution and amendment be laid upon the table.
Mr. Villeré called for the special order of business.
On motion of Mr. Gray, the special order of business was postponed.
And the question being on laying the resolution and amendment on the table,
Mr. Hilton demanded the yeas and nays.
The yeas and nays were ordered,
And are recorded as follows, to wit:
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Yeas ... 41
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Nays ... 45
Yeas: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clapp, Collier, Conrad, Crockett, Currin, De Jarnette, Dupré, Ewing, Farrow, Foster, Garnett, Hanly, Harris, Heiskell, Hilton, Holcombe, Johnston, Jones, Kenner, Machen, Marshall, Miles, Moore, Perkins, Preston, Ralls, Read, Russell, Sexton, Simpson, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Atkins, Batson, Bell, Boyce, Breckinridge, Chambliss, Chilton, Clark, Clopton, Conrow, Curry, Dargan, Davidson, Davis, Freeman, Gaither, Gardenhire, Garland, Gartrell, Gray, Herbert, Hodge, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lewis, Lyon, Martin, McDowell, McLean, McQueen, McRae, Menees, Pugh, Royston, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Wright of Georgia, and Wright of Tennessee.
So the motion to lay on the table was lost.
Mr. Foster demanded the previous question; which was ordered, and the amendment was lost.
The question being on the passage of the resolution,
Mr. Royston demanded the yeas and nays;
Which were ordered,
And are recorded as follows, to wit:
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Yeas ... 36
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Nays ... 47
Yeas: Arrington, Atkins, Batson, Bell, Boyce, Chambliss, Chilton, Clark, Conrow, Dargan, Davidson, Davis, Foster, Gaither, Gardenhire, Garland, Gartrell, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Martin, McDowell, McLean, McQueen, McRae, Pugh, Royston, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Wright of Georgia, and Wright of Tennessee.
Nays: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clapp, Clopton, Collier, Conrad, Crockett, Currin, Curry, De Jarnette, Dupré, Ewing, Freeman, Garnett, Gray, Hanly, Harris, Heiskell, Herbert, Hilton, Hodge, Holcombe, Johnston, Jones, Kenner, Lewis, Machen, Marshall, Menees, Miles, Moore, Perkins, Preston, Ralls, Read, Russell, Sexton, Simpson, Singleton, Vest, Villeré, Welsh, Wright of Texas, and Mr. Speaker.
So the resolution was lost.
Mr. Gray moved that the rules be suspended to enable him to offer a resolution.
The motion was lost.
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And the House proceeded to the consideration of the special order of business; which was a bill of the Senate defining who shall be exempt from military service in the armies of the Confederate States.
Mr. Miles, on the part of the Committee on Military Affairs, moved that the bill be laid upon the table.
The motion was lost.
The bill having been read as follows, to wit:
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Section 1. The Congress of the Confederate States of America do enact, That the following-named persons are hereby exempted from service in the armies of the Confederate States, upon the terms and conditions hereinafter stated:
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I. Those who shall be held unfit for service in the field by reason of bodily or mental incapacity--to be ascertained by a surgeon of the Army who is not a resident of the part of the country from which those he is called upon to examine may have come--and persons declared to be unfit for duty in the field under this act or under the act entitled "An act to establish places of rendezvous for the examination of enrolled men," approved October eleventh, eighteen, hundred and sixty-two, by reason of any organic disease or permanent disability, shall not be afterwards subject to be again examined and enrolled.
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II. The Vice-President, the officers, judicial and executive, of the Confederate and State governments, including postmasters appointed by the President and confirmed by the Senate, and such clerks in their offices as are now allowed by the Postmaster-General and were employed therein on the sixteenth of April last, excluding all other postmasters, their assistants and clerks, and such State officers other than the judges of the supreme, district, superior, circuit, and probate courts, the chancellors of State courts and sheriffs, excluding justices of the peace, as the several States may have declared, or may hereafter declare, by law, to be liable to militia duty; the members of Congress of the Confederate States and of the legislatures of the several States, and their respective officers; all clerks in the offices of the Confederate and State governments authorized by law and receiving salaries or fees fixed by law: Provided, That this act shall not be construed to exempt from service persons appointed by the officers of the executive departments, or by other executive authority, since the sixteenth of April, eighteen hundred and sixty-two, and who were liable to military service when appointed, under the various acts of enrollment.
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III. All volunteer troops heretofore raised by any State since the passage of the act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any person who was liable to be called into service by virtue of said act of sixteenth April, eighteen hundred and sixty-two.
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IV. All pilots and persons engaged in the merchant marine service, excluding such owners of vessels as are not actually employed in navigating the same; the president, and such superintendents, roadmasters, station agents, conductors, engineers, and mechanics, in the permanent service of railroad companies, as the president thereof may, under oath, declare to be necessary, not to include laborers or any other employees: Provided, That no president or conductor of any railroad company or railroad train shall be exempted from military service under this act when such president or conductor shall fail, neglect, or refuse to furnish seats to such wounded or sick soldiers of the Army as may desire transportation over such railroad, and fresh water, for drinking purposes, in such tanks or other vessels in each passenger car as may be necessary for the use of said sick and wounded, and also the necessary fires to render said cars comfortable; captains of boats, and the engineers and pilots thereof, actually engaged in canal and river navigation; the president of any canal company, the secretary, chief clerks, chief toll gatherer, and such mechanics in the permanent service of said company as the president, under oath, shall declare to be necessary; the president, general superintendent, and operators of telegraphic companies, and the local operators of said companies, not to exceed two in number at any telegraphic office but that at the seat of government of the Confederate States.
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V. One editor of each newspaper now being published, and such journeymen printers, engineers, pressmen, stenographic reporters, and mailing clerks as the editor or proprietor thereof may certify, upon oath, to be indispensable for conducting the publication; the Public Printer, engineers, pressmen, and such number of journeymen printers as he may certify, upon oath, to be necessary for the discharge of his duty.
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VI. Every minister of religion authorized to preach according to the rules of his sect, and now in the regular discharge of ministerial duties, and all persons who have
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been, since the sixteenth April, eighteen hundred and sixty-two, and now are, members of the Society of Friends, or the Association of Dunkards, Nazarines, or Mennonists, in regular membership in their respective denominations: Provided, That such members shall furnish a substitute or pay a tax of five hundred dollars each into the public treasury.
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VII. All shoemakers, tanners, blacksmiths, wagon makers, millers and their engineers, and millwrights, skilled and actually employed on the sixteenth of April last in said trades as their regular vocation, and working therein for the public, and who have since said time been so regularly employed: Provided, Said persons shall make oath in writing, and present the same to the enrolling officer, that they are so skilled and are, and have been, since the sixteenth of April last, actually employed in one of the above trades as their regular vocations, and working for the public, which affidavit shall, however, only be prima facie evidence of the facts therein stated; also the superintendents and operatives in wool and cotton factories, paper mills, and carding machines, and in card factories, and factories for the manufacture of wire for cotton and wool cards: Provided, That the exemptions herein granted to persons on account of their mechanical skill or occupation shall be subject to the condition that the products of the labor of said exempts shall not exceed a fair and reasonable amount, and to be within a maximum to be fixed by the Secretary of War, under such regulations as he may prescribe: And provided, That in the case of the superintendents and operatives in wool and cotton factories, paper mills, carding machines, and mechanics in these and all other manufacturing establishments, the manufactured articles shall be sold at a net profit not to exceed thirty per centum per annum upon the capital invested, which fact shall be ascertained by the oath of the president, superintendent, or proprietors of such manufacturing establishment: And provided, That if it shall be shown, upon evidence to be submitted to and judged of by the Secretary of War, that any manufacturing establishment has violated this condition, the exemptions herein granted shall no longer be extended to the persons employed in said establishments or factories, but each of them shall be forthwith enrolled and placed in the military service.
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VIII. All presidents and teachers of schools, academies, colleges, and theological seminaries, who have been regularly engaged as such for the two years last preceding the eleventh October, eighteen hundred and sixty-two, or who were engaged in teaching school as a profession on the first of January, eighteen hundred and sixty-one, and who are now so engaged; all superintendents of lunatic asylums and the regular physicians, nurses, and attendants therein, and all teachers regularly employed in the institutions for the deaf, dumb, and blind.
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IX. All physicians who now are, and have been for the last five years, in the actual practice of their profession; and in each apothecary store now established and doing business, one practical apothecary, in good standing as such.
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X. All artisans and mechanics employed in the manufacture of arms or ordnance of any kind by the several States, or by contractors to furnish the same to the several State governments, whom the governor or secretary of state thereof may certify to be necessary to the same.
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XI. All persons engaged in the construction of ships, gunboats, engines, or sails necessary to the public defense, under the direction of the Secretary of the Navy.
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XII. All superintendents and employees engaged at salt works conducted under authority of any State, and all superintendents of laborers engaged in the manufacture or mining of salt to the extent of twenty bushels per day: Provided, That there is not more than one superintendent for every twenty laborers; all superintendents of laborers (not to exceed one for every twenty laborers) engaged regularly in the production of lead or iron or in burning coke for smelting or the manufacture of iron; regular and skilled miners in coal mines, and colliers engaged in making charcoal for making pig and bar iron.
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XIII. For the police of slaves, one person on each farm or plantation the sole property of a minor, a person of unsound mind, a feme sole, or a person absent from home in the military or naval service of the Confederacy, on which there are twenty or more slaves: Provided, The person so exempted was employed and acting as an overseer previous to the sixteenth of April last, and there is no white male adult on said farm or plantation who is not liable to military duty, which fact shall be verified by the affidavits of said person and two respectable citizens, and shall be filed with the enrolling officer: And provided, That the enrolling officer shall be satisfied that no white male adult not liable to military duty can be procured by ordinary diligence, suitable for said purpose: Provided further, That this clause shall not extend to any farm or plantation on which the negroes have been placed by division from any other farm or plantation since the eleventh day of October, eighteen hundred and sixty-two.
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XIV. That on any farm on which resides a family of white women and children not less than ten in number, who are dependent for support and protection on the labor and presence of a white man, and on which there is no white male adult not liable to military duty, or male minor or minors capable of working said farm, there shall be exempted one person as laborer, when said person shall verify the facts aforesaid by his own and the affidavits of two respectable citizens, to be filed with the enrolling officer, and shall also make affidavit that said person so to be exempted designs in good faith to act in said capacity on said farm; and in the event of a failure to do so, at any time thereafter, this exemption as to said person shall cease: Provided, the Enrolling officer shall be satisfied that a white male adult, not liable to military duty, can not be procured suitable for said purpose.
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XV. Such other persons as the President shall be satisfied ought to be exempted on account of justice, equity, or necessity.
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Sec. 2. That all exemptions granted by law shall only continue whilst the person is holding the office or engaged in the pursuit or occupation by reason of which the exemption was granted; and nothing in this act or any other in relation to exemptions shall be construed so as to exempt agents, clerks, or other persons employed by officers in the quartermaster, commissary, or other departments of the Government, unless such agents or clerks are allowed by law, and their fees or salaries fixed by law; nor shall anything herein contained be construed so as to authorize the discharge of anyone now in the military service of the Confederate Government.
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Sec. 3. That all laws and parts of laws providing for exemption from military service are hereby repealed; and no person exempted under previous laws shall continue to be exempted unless embraced within the provisions and on the terms and conditions of this act. The provisions of this act shall apply to all persons between the ages of eighteen and forty-five years not in the military service,
Mr. McRae moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That certain persons, as hereinafter provided, are and shall be exempt from military service in the Provisional Army of the Confederate States.
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I. Persons who shall be held unfit for military service in the field by reason of mental or physical incapacity or imbecility, under rules to be prescribed by the Secretary of War.
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II. The Vice-President of the Confederate States, and the officers, judicial and executive, of the Confederate and State governments, including postmasters appointed by the President and confirmed by the Senate, and such clerks now employed in their offices as are allowed in writing by the Postmaster-General, and excluding all other postmasters, their assistants and clerks, and except such State officers as the several States may have declared or may hereafter declare, by law, to be liable to military duty in the Provisional Army of the Confederate States.
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III. Members of both Houses of the Congress of the Confederate States and of the legislatures of the several States, and their respective officers.
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IV. All volunteer troops heretofore raised by any State since the passage of the act further to provide for the public defense, approved April sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, This exemption shall not include any person liable to military duty under said last-named act.
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V. Pilots and persons actually and regularly engaged in the merchant marine service.
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VI. Captains, engineers, pilots, and mechanics of boats actually and regularly employed in river or canal navigation.
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VII. Presidents, superintendents, engineers, and section masters of railroads, and the artisans and mechanics regularly employed in the workshops of railroad companies.
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VIII. The president, general superintendent, and operators of telegraph companies, and the local superintendent and operators of said companies, not to exceed two in number at any locality, except the seat of government of the Confederate States.
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IX. Such printers of each newspaper now being published in the Confederate States as the editor or proprietor thereof may certify, on oath, to be indispensable for conducting the publication; also the Public Printer, and those employed to perform the public printing for the Confederate and State governments.
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X. Ministers of religion authorized to preach according to the rules of their sect, and in the regular discharge of ministerial duty; also all persons who have been, and now are, members of the Society of Friends, and the Association of Dunkards, Nazarines,
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and Mennonists, in regular membership in their respective denominations: Provided, Each member of said denominations shall have furnished a substitute or paid the tax of five hundred dollars into the public treasury, as authorized, under the exemption act, approved October eleventh, eighteen hundred and sixty-two, or shall hereafter pay said tax.
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XI. Physicians who now are, and for the last five years have been, in the actual practice of their profession.
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XII. Superintendents of public hospitals, lunatic asylums, and the regular physicians, nurses, and attendants therein, and the teachers employed in the institutions of the deaf, dumb, and blind.
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XIII. Presidents and teachers of colleges, academies, schools, and theological seminaries, who have been regularly engaged as such for two years previous to the passage of this act.
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XIV. One practical apothecary in each drug store now established and regularly engaged in the sale of drugs, upon the payment by said apothecary or his employer of five hundred dollars, annually, into the Treasury of the Confederate States.
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XV. The regiment raised under and by authority of the State of Texas for frontier defense, now in the service of said State, and while in such service.
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XVI. All artisans, mechanics, and employees in the establishments of the Government for the manufacture of arms, ordnance, ordnance stores, and other munitions of war, or army supplies, who may be certified, under oath, by the officer in charge thereof as indispensable to such establishments. All artisans, mechanics, and employees in the establishments of such persons as are or may be engaged, under contracts with the Government, in furnishing arms, ordnance, ordnance stores, and other munitions of war: Provided, The Chief of the Ordnance Bureau, or some ordnance officer authorized by him for the purpose, shall approve of the number of operatives required in such establishments: And provided also, That the persons so contracting with the Government shall make oath, in writing, to be filed with the Secretary of War, that the artisans, mechanics, and employees in said establishments are indispensable thereto, on account of their skill in such work and labor; and that, after diligent effort, they have been unable to procure artisans, mechanics, or employees who have been discharged from the Provisional Army, or who are not subject to military duty. Also all persons employed in the manufacture of arms or ordnance of any kind by the several States, or by contractors to furnish the same to the several State governments, whom the governor or secretary of state thereof may certify to be necessary to the same: Provided, That said last-named contractors shall make oath as required in this paragraph of contractors with the Confederate Government.
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XVII. All persons engaged, under the authority of the Secretary of the Navy, in the construction of ships, gunboats, engines, sails, or other articles necessary to the public defense.
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XVIII. Superintendents and operators in wool and cotton factories and paper mills, whom the Secretary of War may approve as necessary for such establishments. The owners of said wool and cotton factories and paper mills to make affidavit, in writing, to be filed with the Secretary of War, that said superintendents and operators are skilled as such and indispensable to said establishments.
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XIX. Superintendents, mechanics, and miners, employed in the production and manufacture of lead and iron; also persons engaged in burning coke for the smelting and manufacture of iron; regular miners in coal mines, and one collier to each furnace and forge for making blooms and pig and bar iron, not to embrace laborers, messengers, wagoners, and servants, unless employed at works conducted and [by] the officers or agents of a State, or in works employed in the production of iron for the Confederate States: Provided, The persons interested in the exemption from military duty of said superintendents, mechanics, miners, and colliers shall make affidavit in writing that said persons are skilled in said labor, and are indispensable to such works; and that, after diligent effort, they have been unable to procure superintendents, mechanics, miners, and colliers who have been discharged from the Provisional Army, or who are not subject to military duty.
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XX. Blacksmiths, millwrights, and the engineers of flour, grist, and saw mills, skilled, actually and regularly employed in said trades, and regularly engaged in working for the public.
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XXI. All exemptions herein granted to persons by reason of their peculiar mechanical or other occupation or employment, not connected with the public service, shall be subject to the condition that the products of the labor of such exempts, or of the companies and establishments in which they are employed, shall be sold and disposed of by the proprietors thereof at prices not to exceed seventy-five per centum upon the cost of production, or within a maximum to be fixed by the Secretary of War, under such regulations as he may prescribe; and it shall be the duty of said proprietors to have at all times exhibited, in the most conspicuous place in their said establishments,
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a list, in writing, verified by affidavit, of the cost of each item entering into the production of the articles or wares offered by them for sale to the public; and if it shall be made known to the Secretary of War, or any officer authorized to enroll such persons, that said exhibit has not been made, or that any of the conditions of said exemptions, specified in this paragraph, have been violated or in any manner evaded by said proprietors, the exemption granted shall no longer be extended to them, their superintendents, or operatives in said establishments, but they and each and every [one] of them shall be forthwith enrolled and ordered into the Confederate Army, and shall in no event be again exempted therefrom by reason of said manufacturing establishment or employment therein.
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XXII. In addition to the exemptions specified in the foregoing paragraphs, the Secretary of War is hereby authorized, and it shall be his duty, under the direction of the President, to exempt or detail from the Provisional Army, upon any terms or conditions he may prescribe, such other persons as he shall be satisfied, with the sanction of the President, ought to be exempted or detailed for the police of plantations cultivated exclusively by slave labor and owned by widows, minors under eighteen, lunatics, and persons in the service of the country; also for the maintenance and support of the Army, the public defense, or the general vital interests of the county. And it is the true intent and meaning of this act that the enumeration of the exemptions in the foregoing paragraphs shall not be construed to limit or restrain the exercise of the power herein granted.
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Sec. 2. That the foregoing exemptions shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations.
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Sec. 3. That all acts or parts of acts heretofore passed by Congress to exempt persons from military service in the Provisional Army of the Confederate States are hereby repealed.
Mr. McLean moved that the rules be suspended to enable him to move that the further reading of the bills be dispensed with.
Mr. Baldwin presented the point of order that it is not in the power of the House by a suspension of its rules to allow a resolution to be introduced dispensing with the reading of a bill or resolution on which a member is called upon to vote.
The Speaker overruled the point of order raised by Mr. Baldwin, from which decision of the Chair Mr. Baldwin appealed.
And upon the question being stated.
Shall the decision of the Chair stand as the judgment of the House?
Mr. Baldwin demanded the yeas and nays;
Which were ordered,
And are recorded as follows, viz:
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Yeas ... 56
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Nays ... 17
Yeas: Atkins, Batson, Bell, Boyce, Chambliss, Chilton, Clark, Clopton, Collier, Conrad, Conrow, Crockett, Currin, Dargan, Davis, De Jarnette, Dupré, Farrow, Foster, Freeman, Gaither, Gardenhire, Garnett, Gartrell, Hanly, Harris, Heiskell, Herbert, Hilton, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, Martin, McDowell, McLean, McQueen, McRae, Menees, Miles, Moore, Preston, Ralls, Royston, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Villeré, Wilcox, Wright of Georgia, and Wright of Texas.
Nays: Baldwin, Bridgers, Horatio W. Bruce, Curry, Ewing, Gray, Johnston, Jones, Lyons, Marshall, Perkins, Pugh, Read, Sexton, Swan, Vest, and Welsh.
So the decision of the Chair was adopted as the judgment of the House.
The question being on suspending the rules,
Mr. Collier demanded the yeas and nays;
Which were ordered,
And are recorded as follows, to wit:
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Yeas ... 26
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Nays ... 44
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Yeas: Atkins, Barksdale, Bell, Boyce, Horatio W. Bruce, Chambliss, Chilton, Clark, Clopton, Conrow, Dargan, Dupré, Foster, Gaither, Gardenhire, Lander, Machen, McDowell, McLean, McQueen, Miles, Ralls, Royston, Strickland, Trippe, and Villeré.
Nays: Arrington, Baldwin, Batson, Bridgers, Clapp, Collier, Conrad, Crockett, Curry, Davis, De Jarnette, Ewing, Farrow, Freeman, Garnett, Gartrell, Gray, Hanly, Harris, Herbert, Hilton, Holt, Johnston, Jones, Kenner, Lewis, Lyons, Marshall, McRae, Menees, Moore, Perkins, Pugh, Read, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Vest, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.
So the House refused to suspend the rules.
Mr. McRae demanded the previous question.
The previous question was ordered.
And the question being on agreeing to the amendment,
Mr. Curry demanded the yeas and nays;
Which were ordered,
And are recorded as follows, to wit:
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Yeas ... 46
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Nays ... 34
Yeas: Atkins, Barksdale, Batson, Boteler, Boyce, Breckinridge, Horatio W. Bruce, Chambliss, Conrow, Currin, Curry, Dargan, Davis, De Jarnette, Dupré, Ewing, Farrow, Foster, Freeman, Gardenhire, Garnett, Gartrell, Graham, Harris, Hilton, Hodge, Holt, Johnston, Lyon, Machen, Marshall, McRae, Miles, Moore, Preston, Pugh, Russell, Sexton, Singleton, Smith of Alabama, Swan, Villeré, Wilcox, Wright of Georgia, Wright of Tennessee, and Wright of Texas.
Nays: Arrington, Baldwin, Bridgers, Chilton, Clapp, Clopton, Collier, Davidson, Gaither, Garland, Gray, Hanly, Heiskell, Herbert, Holcombe, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lewis, Lyons, Martin, McDowell, McLean, McQueen, Perkins, Ralls, Royston, Simpson, Smith of North Carolina, Strickland, Trippe, and Welsh.
So the amendment was agreed to.
The bill as amended was read a third time.
And the question being on the passage of the same,
Mr. Collier demanded the yeas and nays.
Mr. Davis moved that he be excused from voting upon the bill as amended.
The motion was lost.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have concurred in the amendment proposed by the House of Representatives to the bill (S. 48) entitled "An act to authorize the discharge of certain civil officers from the military service of the Confederate States."
They have passed bills of the following titles, viz:
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S. 102. An act to amend the several acts fixing the pay and allowances to chaplains in the Provisional Army; and
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S. 103. An act to authorize the increase of the compensation of route agents, and to increase the per diem allowance to special agents of the Post-Office Department.
They have also passed a joint resolution of the following title, viz:
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S. 10. Joint resolution authorizing the Postmaster-General to extend the time for receiving bids for transportation of the mails in the States therein named;
In which I am directed to ask the concurrence of this House.
Mr. Perkins moved that the further consideration of the bill be indefinitely postponed.
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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.
The Chair laid before the House a bill of the Senate entitled "An act to amend the several acts fixing the pay and allowances to chaplains in the Provisional Army;" which was read the first and second times and referred to the Committee on Military Affairs.
The Chair also presented a bill of the Senate entitled "An act to authorize an increase of the compensation of route agents, and to increase the per diem allowance to special agents of the Post-Office Department;" which was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
The Chair also presented a joint resolution of the Senate authorizing the Postmaster-General to extend the time for receiving bids for transportation of the mails in the States therein named; which was read the first and second times.
On motion of Mr. Chilton, the rule requiring a reference of the resolution to a committee was suspended, and the same was read a third time and passed.
Mr. Russell moved that the rules be suspended to enable him to present a memorial; which was agreed to, and
Mr. Russell presented the memorial of William Waller in relation to property destroyed by the Army; which was referred to the Committee on Claims, without being read.
On motion of Mr. Miles, the rules were further suspended to enable him to introduce a bill, and
Mr. Miles introduced
A bill to amend an act entitled "An act to provide for an increase in the Quartermaster's and Commissary Departments," approved February 15, 1862;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Perkins moved a reconsideration of the vote by which a bill of the Senate entitled "An act to provide for the appointment of additional quartermasters in the Provisional Army" was passed.
Pending the consideration of which,
On motion of Mr. Miles,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
On motion of Mr. Kenner, went into Committee of the Whole, Mr. McRae in the chair, on a bill to make appropriations for ironclad and other war steamers and steam engines, and other supplies contracted for abroad; and having spent some time therein, the committee rose and, through their Chairman, reported that they had, according to order, had under consideration the matter referred to them, and reported the bill back to the House, with the recommendation that it be passed.
The bill was engrossed, read a third time, and passed.
A message was received from the Senate, by the hands of Mr. Nash, the Secretary of that body; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
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S. 58. An act to establish a volunteer navy;
In which I am directed to ask the concurrence of this House.
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The Chair presented a bill of the Senate (S. 58) to establish a volunteer navy; which was read first and second times and referred to the Committee on Naval Affairs.
Also, joint resolution (S. 2) relative to the plan of retaliation proposed in the President's message; which was read first and second times and referred to the Committee on the Judiciary.
Also, bill of the Senate (S. 82) to authorize retaliation on the enemy for violation of the usages of civilized warfare; which was read first and second times and referred to the Committee on the Judiciary.
And on motion of Mr. Chilton,
The House resolved itself into open session.
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