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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 --SIXTY-SIXTH DAY--THURSDAY, April 2, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Brown.
Mr. Chilton moved that the rules be suspended to allow a report to be made from the Committee on Post-Offices and Post-Roads; which was agreed to, and
Mr. Clark, from the Committee on Post-Offices and Post-Roads, to which was referred a bill of the Senate to be entitled "An act to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service," reported the same back, with the recommendation that it pass with an amendment.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative.
The bill was taken up, and the first section of the same being under consideration, which is as follows, to wit:
That the contractors for carrying the mails of the Confederate States shall be exempt from the performance of military duty in the armies of the Confederate States from and after the passage of this act: Provided, That no more than one contractor shall be exempt on any one route, and that no more than one member of any firm of contractors shall be exempt, and if one or more members of any such firm be exempt, from age or other cause, from the performance of military duty, the other member or members of such firm shall not be exempt by this act on account of being mail contractors: And provided further, That no person to whom a contract for carrying the mails may be transferred, with the consent of the Post-Office Department, after the passage of this act, shall be exempt from military service on that account,
Mr. Clark, on the part of the committee, moved to amend the same by inserting after the words "shall be exempt on any one route, and" the words "and that the mail route be ten or more miles in length, and."
The amendment was agreed to.
Mr. Gardenhire moved that the vote agreeing to the amendment be reconsidered.
Mr. Garland demanded the question; which was ordered, and the motion was lost.
Mr. Royston demanded the question.
The question was ordered, and the bill as amended was read a third time and passed.
Mr. Davidson offered the following resolution:
Resolved, That the Doorkeeper be authorized to employ an assistant, to be paid out of the contingent fund, upon order of the Committee on Accounts;
which was read and agreed to.
Mr. Smith of North Carolina presented the memorial of W. J. Green, praying reimbursement for property lost in the service; which was referred to the Committee on Claims, without being read.
Mr. Smith of North Carolina also introduced.
A bill in reference to the enlistment of minors under the age of eighteen years and for their discharge;
which was read the first and second times and referred to the Committee on Military Affairs.
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Mr. Smith of North Carolina also offered the following resolution, to wit:
Resolved, That the President be requested to communicate to the House whether the requirements of the fifth section of the act entitled "An act to better provide for the sick and wounded of the Army in hospitals," approved September twenty-seventh, eighteen hundred and sixty-two, have been complied with; and, if so, the number and location of those within and near the city of Richmond which have been respectively assigned to the several States, and the names and places where appointed of the surgeons and assistant surgeons assigned and doing service at each; and if said requirements have not been carried out, the reasons for such delay;
which was read and agreed to.
Mr. Smith of North Carolina also introduced the following resolution, viz:
Resolved (the Senate concurring), That the President of the Senate and the Speaker of the House of Representatives shall adjourn their respective Houses, sine die, on Monday, twentieth April, at twelve o'clock meridian.
Mr. Smith of North Carolina demanded the question.
The question was ordered.
Mr. Jones demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Atkins, Baldwin, Barksdale, Bell, Boteler, Breckinridge, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, Curry, Davidson, De Jarnette, Dupré, Farrow, Gardenhire, Garnett, Goode, Gray, Harris, Heiskell, Hilton, Holcombe, Holt, Johnston, Kenner, Lewis, Lyon, Lyons, Martin, McDowell, McLean, Menees, Miller, Munnerlyn, Read, Royston, Simpson, Singleton, Tibbs, Trippe, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Batson, Chilton, Clopton, Conrad, Conrow, Crockett, Davis, Elliott, Foster, Garland, Hanly, Jones, McQueen, Miles, Moore, Perkins, Pugh, Smith of North Carolina, Strickland, Swan, Villeré, and Wright of Georgia.
So the resolution was agreed to.
Mr. Perkins moved that the vote agreeing to the resolution be reconsidered.
Mr. Garland moved to lay the motion to reconsider on the table.
Mr. Royston demanded the question; which was ordered.
Mr. Perkins demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Batson, Bell, Boyce, Breckinridge, Chambliss, Chilton, Clark, Clopton, Conrow, Currin, Curry, Davidson, Elliott, Freeman, Gaither, Gardenhire, Garland, Harris, Heiskell, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Martin, McDowell, McLean, McQueen, McRae, Munnerlyn, Pugh, Royston, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, and Wright of Georgia.
Nays: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Collier, Conrad, Crockett, Dargan, Davis, De Jarnette, Dupré, Ewing, Farrow, Foote, Garnett, Goode, Graham, Gray, Hanly, Hartridge, Hilton, Hodge, Holcombe, Jones, Kenner, Lewis, Lyons, Machen, Marshall, Menees, Miles, Moore, Perkins, Preston, Read, Sexton, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
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So the motion to lay the motion to reconsider on the table was lost.
Mr. Curry demanded the question.
The question was ordered.
Mr. Conrad demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clapp, Collier, Conrad, Crockett, Davis, De Jarnette, Dupré, Ewing, Farrow, Foote, Foster, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Hodge, Holcombe, Johnston, Jones, Kenner, Lewis, Lyons, Machen, Marshall, Menees, Miles, Perkins, Preston, Read, Sexton, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Atkins, Batson, Bell, Boyce, Breckinridge, Chambliss, Chilton, Clark, Clopton, Conrow, Currin, Curry, Dargan, Davidson, Elliott, Freeman, Gaither, Gardenhire, Garland, Graham, Harris, Herbert, Holt, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Martin, McDowell, McLean, McQueen, McRae, Munnerlyn, Pugh, Royston, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, and Wright of Georgia.
So the motion to reconsider was lost.
Mr. Garnett moved that the House take a recess, each day, from 3 o'clock to 7.30 p. m.
Mr. Kenan of Georgia demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Batson, Bell, Boyce, Breckinridge, Bridgers, Horatio W. Bruce, Chilton, Clapp, Clark, Clopton, Collier, Conrow, Crockett, Currin, Davidson, Davis, De Jarnette, Elliott, Foote, Foster, Freeman, Gaither, Gardenhire, Garnett, Goode, Harris, Hartridge, Hilton, Holcombe, Holt, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Martin, McDowell, McLean, Menees, Miles, Moore, Pugh, Royston, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, Wilcox, Wright of Georgia, and Wright of Tennessee.
Nays: Arrington, Baldwin, Barksdale, Boteler, Chambliss, Conrad, Dargan, Dupré, Ewing, Farrow, Graham, Gray, Hanly, Heiskell, Herbert, Hodge, Johnston, Jones, Lyons, Machen, Marshall, McQueen, McRae, Perkins, Preston, Read, Sexton, Vest, Villeré, Welsh, Wright of Texas, and Mr. Speaker.
So the motion was agreed to.
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. McDowell demanded the question; which was on the indefinite postponement of the bill and amendment.
The question was ordered, and
Mr. Collier demanded the yeas and nays.
The yeas and nays were not ordered, and the motion to postpone the bill indefinitely was lost.
Mr. Dupré moved that the vote by which the bill was ordered to a third reading be reconsidered.
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The motion was lost.
Mr. Gray demanded the question; which was ordered, and the bill as amended was passed.
The title of the same being under consideration,
Mr. Pugh moved to amend the same by striking out all of the same and inserting in lieu thereof the following, viz:
Mr. Hilton, from the Committee on Military Affairs, to which was referred a bill of the Senate in relation to substitutes, reported the same back, with the recommendation that it do pass.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative, and the bill was taken up and read a third time.
And the question being on the passage of the same,
Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Batson, Breckinridge, Horatio W. Bruce, Chambers, Chilton, Clark, Clopton, Conrad, Conrow, Crockett, Currin, Curry, Davis, Dupré, Ewing, Foote, Foster, Freeman, Gardenhire, Graham, Gray, Hanly, Hartridge, Hilton, Hodge, Holt, Kenner, Machen, McLean, McRae, Miles, Munnerlyn, Pugh, Read, Sexton, Singleton, Strickland, Swan, Vest, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Arrington, Atkins, Baldwin, Bell, Boteler, Bridgers, Chambliss, Clapp, Collier, Dargan, Davidson, De Jarnette, Farrow, Garland, Garnett, Goode, Harris, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenan of Georgia, Lewis, Lyon, Lyons, Martin, McDowell, McQueen, Perkins, Preston, Royston, Simpson, Smith of Alabama, Trippe, Wright of Tennessee, and Wright of Texas.
So the bill was passed.
Mr. Clark moved that the vote by which the bill was passed be reconsidered.
Mr. Chambliss moved to lay the motion on the table.
Mr. Clark demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Batson, Breckinridge, Horatio W. Bruce, Chambers, Chilton, Clopton, Conrad, Conrow, Crockett, Currin, Curry, Davis, Dupré, Ewing, Foote, Freeman, Gaither, Gardenhire, Hanly, Hartridge, Hilton, Hodge, Holt, Machen, McLean, McRae, Miles, Munnerlyn, Pugh, Read, Singleton, Strickland, Swan, Vest, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Arrington, Atkins, Baldwin, Bell, Bridgers, Chambliss, Clapp, Clark, Collier, Dargan, Davidson, De Jarnette, Farrow, Foster, Garland, Garnett, Goode, Graham, Gray, Harris, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lewis, Lyon, Lyons, Marshall, Martin, McQueen, Menees, Moore, Perkins, Preston, Royston, Sexton, Simpson, Smith
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of Alabama, Trippe, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the House refused to lay the motion to reconsider on the table.
Mr. Crockett demanded the question.
The question was ordered.
Mr. Davis demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Baldwin, Bell, Boteler, Boyce, Bridgers, Chambliss, Clapp, Clark, Collier, Dargan, Davidson, De Jarnette, Farrow, Garland, Garnett, Goode, Graham, Gray, Harris, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenan of North Carolina, Lewis, Lyon, Lyons, Marshall, Martin, McDowell, McQueen, Menees, Moore, Perkins, Preston, Royston, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Trippe, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
Nays: Barksdale, Batson, Breckinridge, Horatio W. Bruce, Chambers, Chilton, Clopton, Conrad, Conrow, Crockett, Currin, Curry, Davis, Dupré, Ewing, Foote, Foster, Freeman, Gaither, Gardenhire, Hanly, Hartridge, Hilton, Hodge, Holt, Kenan of Georgia, Kenner, Machen, McLean, McRae, Miles, Munnerlyn, Pugh, Read, Singleton, Strickland, Swan, Vest, Villeré, Welsh, Wilcox, and Wright of Georgia.
So the motion to reconsider prevailed.
Mr. Garnett demanded the question; which was on the passage of the bill.
The question was ordered.
Mr. Pugh demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Batson, Horatio W. Bruce, Chambers, Chilton, Clopton, Conrad, Conrow, Crockett, Currin, Curry, Davis, Dupré, Ewing, Foster, Freeman, Gaither, Gardenhire, Hanly, Hartridge, Hilton, Holt, Kenan of Georgia, Kenner, Machen, McLean, McRae, Miles, Munnerlyn, Pugh, Read, Singleton, Strickland, Swan, Vest, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Arrington, Atkins, Baldwin, Bell, Boteler, Boyce, Bridgers, Chambliss, Clapp, Clark, Collier, Dargan, Davidson, De Jarnette, Farrow, Foote, Garland, Garnett, Goode, Graham, Gray, Harris, Heiskell, Herbert, Holcombe, Johnston, Jones, Kenan of North Carolina, Lewis, Lyon, Lyons, Marshall, Martin, McDowell, McQueen, Menees, Moore, Perkins, Preston, Royston, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Trippe, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the bill was lost.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
An act to authorize the Secretary of the Navy to employ the best pilots for service in the Confederate Marine;
An act to change the title of engineers in the Navy;
An act to authorize the appointment of a register and an additional clerk and a draftsman for the Navy Department; and
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An act to fix the rank of officers [in the military and naval service] of the Confederate States holding commissions under the Provisional Government when reappointed to offices of the same grade under the Permanent Government.
Messages were received from the Senate, by their Secretary, Mr. Nash; which are as follows, viz:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
Mr. Speaker: The Senate have passed, with amendments, a bill of this House of the following title, viz:
In which amendments I am directed to ask the concurrence of this House.
The Chair laid before the House a bill of the Senate entitled "An act to authorize the Secretary of the Navy to appoint clerks to the commandant and quartermaster of the Marine Corps;" which was read the first and second times and referred to the Committee on Naval Affairs.
The Chair also presented a bill of the Senate entitled "An act to prevent the absence of officers and soldiers without leave;" 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 in relation to the public printing;" which was read the first and second times.
On motion of Mr. Barksdale, the rule requiring a reference of the bill to a committee was suspended, and the bill was taken up, and having been read as follows, to wit:
Mr. Barksdale moved to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That the first, second, and third clauses of the seventh section of the act of the Provisional Congress entitled "An act in relation to the public printing," approved February twenty-seventh, eighteen hundred and sixty-one, be, and the same are hereby, repealed, and that the prices allowed for all kind of printing shall be as follows: For composition, any size of type, under and including pica, plain, per one thousand ems, one dollar and twenty-five cents; strictly rule and rule and figure, per one thousand ems, two dollars and fifty cents; for presswork, including folding and stitching, per token of two hundred and fifty impressions, or fraction of such token, one dollar and twenty-five cents.
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Pending the consideration of which,
The House took a recess until 7.30 o'clock;
And having met pursuant to adjournment,
Mr. Conrad moved to amend the amendment by adding thereto the following, to wit:
Provided further, That this act shall not be understood to apply to any existing contract, or to increase the price of any work already ordered to be done by the Public Printer.
Mr. Atkins moved to lay the amendment to the amendment upon the table.
Mr. Conrad demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Bell, Boyce, Breckinridge, Horatio W. Bruce, Chambliss, Clark, Conrow, Curry, Davidson, De Jarnette, Dupré, Farrow, Gardenhire, Garnett, Gray, Heiskell, Hilton, Holt, Johnston, Kenner, Lewis, Lyons, McLean, Read, Royston, Simpson, Singleton, Smith of Alabama, Welsh, and Wilcox.
Nays: Batson, Boteler, Bridgers, Chambers, Chilton, Clapp, Clopton, Collier, Conrad, Crockett, Elliott, Ewing, Foster, Garland, Goode, Hanly, Harris, Holcombe, Jones, Kenan of North Carolina, Lyon, Machen, Marshall, McDowell, McQueen, Menees, Miles, Moore, Munnerlyn, Perkins, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, Vest, Villeré, and Wright of Texas.
So the motion to lay on the table was lost.
Mr. Conrad modified his amendment by striking out thereof the words "ordered to be."
Mr. Garland demanded the previous question; which was ordered, and the amendment to the amendment was agreed to.
The question being on the amendment as amended,
Mr. Machen moved that he be excused from voting.
The motion was lost.
The amendment as amended was agreed to.
The bill was read a third time.
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And the question being on the passage of the same,
Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Batson, Bell, Boyce, Breckinridge, Chambliss, Chilton, Clark, Clopton, Conrow, Currin, Curry, Dargan, Davidson, Freeman, Gaither, Gardenhire, Garland, Graham, Harris, Herbert, Kenan of Georgia, Kenan of North Carolina, Lander, Lyon, Martin, McDowell, McLean, McQueen, Miller, Moore, Munnerlyn, Perkins, Pugh, Royston, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, and Wright of Georgia.
Nays: Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clapp, Collier, Conrad, Crockett, De Jarnette, Dupré, Ewing, Farrow, Foster, Garnett, Goode, Gray, Hanly, Hartridge, Heiskell, Hilton, Hodge, Holcombe, Holt, Johnston, Jones, Kenner, Lewis, Machen, Marshall, Menees, Miles, Preston, Read, Sexton, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
So the bill was passed.
Mr. Barksdale moved that the rules be suspended, in order to make a report from the Committee on Public Printing.
The motion was lost.
The Chair laid before the House a bill of the Senate entitled "An act to amend an act entitled 'An act for the establishment and organization of the Army of the Confederate States of America;'" 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 newspapers to be mailed to soldiers free of postage;" which was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
The Chair also presented a bill of the Senate entitled "An act to provide and organize a general staff for armies in the field, to serve during the war;" 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 regulate the action of the Secretary of the Navy upon the decisions of naval general courts-martial;" which was read the first and second times and referred to the Committee on Naval Affairs.
The Chair also presented a bill entitled "An act to prohibit the punishment of soldiers by whipping," returned from the Senate with amendments; which was referred to the Committee on Military Affairs.
Mr. Miles moved that when the House adjourn it adjourn to meet at 11 o'clock on Saturday next.
Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Bell, Boteler, Breckinridge, Horatio W. Bruce, Clapp, Collier, Conrad, Conrow, De Jarnette, Dupré, Elliott, Farrow, Gardenhire, Garland, Garnett, Goode, Hanly, Harris, Hilton, Hodge, Holcombe, Holt, Johnston, Kenner, Lewis, Lyons, McQueen, Miles, Miller, Perkins, Pugh, Read, Sexton, Simpson, Vest, Villeré, and Wright of Texas.
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Nays: Atkins, Baldwin, Batson, Bridgers, Chambers, Chambliss, Chilton, Clark, Clopton, Crockett, Curry, Davidson, Davis, Ewing, Foster, Gray, Heiskell, Jones, Kenan of North Carolina, Lyon, Machen, Martin, McDowell, McLean, Menees, Moore, Munnerlyn, Royston, Singleton, Smith of North Carolina, Strickland, Swan, Tibbs, Trippe, Welsh, Wilcox, and Wright of Georgia.
So the motion prevailed.
Mr. Holt moved that the vote agreeing to the motion be reconsidered.
The motion to reconsider prevailed.
And the question recurring on agreeing to the motion of Mr. Miles,
Mr. Foster demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Barksdale, Bell, Boteler, Breckinridge, Horatio W. Bruce, Clapp, Conrad, Conrow, De Jarnette, Dupré, Elliott, Farrow, Garland, Garnett, Goode, Hanly, Harris, Hilton, Hodge, Holcombe, Johnston, Kenner, Lewis, Lyons, Martin, McQueen, Miles, Miller, Moore, Perkins, Pugh, Read, Sexton, Simpson, Tibbs, Vest, Villeré, and Wright of Texas.
Nays: Atkins, Baldwin, Batson, Batson, Bridgers, Chambers, Chambliss, Chilton, Clark, Clopton, Collier, Crockett, Curry, Davidson, Davis, Ewing, Foster, Graham, Gray, Heiskell, Holt, Kenan of North Carolina, Lyon, Machen, McDowell, McLean, Menees, Munnerlyn, Royston, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Welsh, Wilcox, and Wright of Georgia.
So the resolution was agreed to.
On motion of Mr. Munnerlyn,
The House adjourned until 11 o'clock on Saturday.
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