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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-EIGHTH DAY--MONDAY, April 6, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
SIXTY-EIGHTH DAY--MONDAY, April 6, 1863.

OPEN SESSION.

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

The Chair laid before the House a communication from the Hon. William Smith, a Representative from the State of Virginia; which is as follows, to wit:

Richmond, April 4, 1863.

To the Hon. Thos. S. Bocock,

Speaker of the House of Representatives of the Confederate States of America.

Sir: I hereby resign my seat in Congress as the Representative of the Ninth Congressional district of Virginia.

In thus separating myself from the body of which, by this act, I cease to be a member, I trust I shall not be deemed out of order for embracing the occasion to tender my cordial regards to each of my late associates and to express an earnest hope that they may be long spared to our country.

Respectfully,WILLIAM SMITH.

which was read and laid upon the table.

The Chair announced as the special committee under the resolution inquiring into the punishment of persons confined in Castle Thunder,

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Messrs. Herbert of Texas, Smith of Alabama, De Jarnette of Virginia, Clark of Georgia, and Simpson of South Carolina.

The Chair laid before the House a bill of the Senate entitled "An act to establish a preferred mail across the Mississippi River;" 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 House entitled "An act for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes," returned from the Senate with sundry amendments; which were referred to the Committee on Naval Affairs.

Mr. Harris, from the Committee on Military Affairs, to which was referred

A bill entitled "An act to provide for the relief of officers and soldiers who have been irregularly introduced into the military service of the Confederate States,"
reported the same back, with the recommendation that it pass.

Mr. Kenan of Georgia moved that the further consideration of the bill be postponed until to-morrow morning.

The motion was lost.

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

It was decided in the negative.

The bill was taken up, engrossed, read a third time, and passed.

Mr. Swan moved that the rules be suspended to enable him to offer a joint resolution.

Upon which Mr. Swan demanded the yeas and nays.

The yeas and nays were ordered,

And are recorded as follows, to wit:
• Yeas ... 39
• Nays ... 32

Yeas: Baldwin, Boteler, Breckinridge, Chambliss, Clopton, Collier, Currin, Davis, De Jarnette, Dupré, Elliott, Ewing, Farrow, Foote, Freeman, Gaither, Garland, Goode, Graham, Gray, Hanly, Heiskell, Herbert, Kenan of Georgia, Lyon, Machen, Martin, McQueen, Miles, Miller, Ralls, Read, Simpson, Strickland, Swan, Vest, Welsh, Wilcox, and Wright of Georgia.

Nays: Arrington, Ashe, Barksdale, Batson, Boyce, Bridgers, Chilton, Clapp, Conrad, Curry, Davidson, Garnett, Holcombe, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lyons, Marshall, McDowell, McLean, Moore, Munnerlyn, Perkins, Preston, Pugh, Royston, Sexton, Singleton, Smith of Alabama, and Villeré.

Two-thirds of the members present not voting in the affirmative, the motion was lost.

Mr. Machen moved that the House reconsider the vote by which a bill was passed entitled "An act to secure copyrights to authors and composers."

The motion was lost.

Mr. Menees moved that the rules be suspended to enable him to introduce a bill.

The motion was lost.

Mr. Lyons moved that the consideration of sundry messages of the President, vetoing bills, be made the special order of business for Thursday next; which was agreed to.

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On motion of Mr. Currin, leave of absence was granted to Mr. Gardenhire, on account of urgent business.

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

Mr. Speaker: The Senate have refused to concur in the amendment of the House of Representatives to the bill (S. 97) to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Messrs. Oldham, Yancey, and Mitchel as managers at the same on their part.

Mr. Chilton moved that the House insist on its amendment and agree to the committee of conference proposed by the Senate.

Mr. Atkins moved that the House recede from its amendment.

Mr. Boyce moved that the House adjourn.

The motion was lost.

Mr. Royston demanded the question.

The question was ordered.

Mr. Kenan of Georgia demanded the yeas and nays;

Which were ordered,

And are recorded as follows, to wit:
• Yeas ... 30
• Nays ... 46

Yeas: Ashe, Atkins, Baldwin, Barksdale, Boteler, Horatio W. Bruce, Clark, Collier, Currin, Davidson, Dupré, Elliott, Foote, Gaither, Goode, Graham, Hanly, Harris, Jones, Lyons, McDowell, McLean, Miles, Preston, Royston, Sexton, Smith of North Carolina, Villeré, Wright of Tennessee, and Wright of Texas.

Nays: Arrington, Batson, Boyce, Breckinridge, Bridgers, Chambers, Chambliss, Chilton, Clapp, Clopton, Conrad, Conrow, Curry, Davis, De Jarnette, Ewing, Farrow, Foster, Freeman, Garland, Garnett, Gray, Heiskell, Hilton, Holcombe, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, Machen, Marshall, McQueen, Miller, Moore, Perkins, Pugh, Ralls, Read, Simpson, Smith of Alabama, Strickland, Vest, Welsh, Wilcox, Wright of Georgia, and Mr. Speaker.

So the House refused to recede from its amendment.

The question recurring on the motion of Mr. Chilton,

The same was agreed to.

On motion of Mr. Heiskell,

The House proceeded to the consideration of the special order of business; which was

A bill to provide for holding elections for Representatives in the Congress of the Confederate States in States occupied by the forces of the enemy.

Mr. Conrad moved a suspension of the rules, in order to enable him to move a postponement of all business until after the conclusion of the call of the committees.

The motion was lost.

Mr. Holcombe moved that the further consideration of the special order be postponed.

The motion was lost.

The bill was taken up, and having been read as follows, to wit:

• Section 1. The Congress of the Confederate States of America do enact, That in the States of Kentucky, Louisiana, Missouri, Virginia, and Tennessee, and in any other States in which more than one-third of the number of Congressional districts, or a majority of the counties composing such districts, respectively, are, at this time, within the lines of the public enemy, or occupied and held by them, or in which the governor thereof, by proclamation, shall hereafter declare that more than one-third of

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  such districts or a majority of the counties composing such districts are so held, at a time preceding an election for Representatives in the Congress of the Confederate States, and not exceeding sixty days, nor less than forty days, before the same; such elections for Representatives shall be by general ticket for such States, and each voter shall be entitled to vote one ticket containing the names of one person from each Congressional district in such State; and the persons in each district receiving the greatest number of votes of the whole vote of the State shall be commissioned as Representatives by the governor of such State.

• Sec. 2. Such elections shall be held in all States, wherein no provision exists by law fixing the time for holding the same, on the first Wednesday in November next, and in each second year thereafter during the war.
• Sec. 3. Such elections shall be so held by the officers, authorities, or persons appointed or provided by the laws of the several States for the purpose of holding such elections and at the places so provided, or, if no provision has been made or shall be made therefor, then by the State authority, officers, or persons who at the time are authorized to hold elections for members of the most numerous branch of the State legislature.
• Sec. 4. Such elections shall be conducted according to the mode prescribed by the laws of the several States, except so far as the same are modified by this act.
• Sec. 5. In such elections every citizen of the Confederate States who has not forfeited his citizenship by electing to adhere to the Government of the United States, who shall be qualified to vote for a member of the most numerous branch of the State legislature of the State wherein he resides, shall be entitled to vote at the place or places in his State at which he would be entitled to vote in an election for such member of such legislature.
• Sec. 6. But in case such citizen shall be in the military service of the Confederate States, or in case he shall be driven from his home by the occupation of his country by the public enemy, or by the movements of his troops, or in case the elections can not be held at the usual places of holding the same, by reason of such occupation or movements, then such citizen shall be allowed to vote at any place of voting in such State, or in the camps of the Army, as provided for by the laws of such State, or as hereinafter provided.
• Sec. 7. In every such case, if the State governments have failed to provide for elections to be held in the camps of the Army, such elections for Representatives shall be held therein as follows: In every army corps, division, or command the colonel of each regiment, or other officer in command thereof, or the officer in command of any less body on detached service, shall appoint two judges and three clerks to open and hold such election, who shall hold the same, and make out the poll books and returns, under the same rules and regulations as if the same were opened and held at the usual place of holding the same in the State from which such regiment or command came, and shall allow all persons entitled to vote therein.
• Sec. 8. The returns of such elections in camps shall be forwarded by the several commanding officers, appointing the judges and clerks as aforesaid, to the highest officer in grade, and the senior of the grade from the State for which the same is held in the encampment or army in which the same is held, whose duty it shall be at once to forward the same to the governor of the State; or the same may be, if more convenient, forwarded by such commanding officer directly to the governor.
• Sec. 9. In case the exigencies of the public service prevent the holding of the elections in any camp, under this act or under any State law passed for that purpose, at the time provided by law, the same may be held at any time within ten days after the preventing cause may cease; the time for holding the same to be fixed by the officer authorized to appoint the judges and clerks.
• Sec. 10. Such officer shall be authorized to administer the proper oaths to the judges and clerks, or they may administer the same to each other.
• Sec. 11. Every person concerned in holding such election in any State or camp shall take an oath to support the Constitution of the Confederate States and to discharge his duty in holding such election faithfully and impartially.
• Sec. 12. In the event that any such State has, by law, provided for holding such election under the circumstances herein specified, either by temporary act, which has expired, or by acts now in force, such election shall be held according to the provisions of such temporary or permanent act,

Mr. Marshall moved to amend the same by striking out the whole of the first section thereof, after the enacting clause, and inserting in lieu thereof the following, to wit:

That in the States of Missouri, Kentucky, and Tennessee the Representatives to Congress shall be chosen, until the legislatures thereof shall otherwise provide, by

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the qualified voters of said States, respectively; and in any other State in which a Congressional district or a majority of the counties or parishes thereof are in the possession or under the control of the enemy's forces, so that an election can not conveniently be held therein, and in which no other mode of election has been or shall be prescribed by the respective legislatures thereof, the Representatives of such districts shall be chosen by the qualified voters of the State.

Mr. Curry moved to amend the first section by striking out the word "from" before the words "each Congressional district" and inserting in lieu thereof the word "for."

Mr. Swan demanded the question; which was ordered.

Mr. Moore demanded the yeas and nays.

The yeas and nays were ordered,

And are recorded as follows, to wit:
• Yeas ... 24
• Nays ... 48

Yeas: Baldwin, Boyce, Clark, Clopton, Curry, Davis, Freeman, Gaither, Goode, Gray, Hilton, Holcombe, Holt, Jones, Lewis, Marshall, McLean, McQueen, Perkins, Preston, Pugh, Sexton, Welsh, and Mr. Speaker.

Nays: Arrington, Ashe, Atkins, Barksdale, Batson, Boteler, Breckinridge, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, Conrow, Currin, Davidson, Dupré, Ewing, Farrow, Foote, Foster, Garland, Graham, Hanly, Harris, Heiskell, Johnston, Kenan of North Carolina, Lyon, Lyons, Machen, Martin, McDowell, Menees, Miller, Moore, Munnerlyn, Read, Royston, Simpson, Singleton, Smith of North Carolina, Strickland, Swan, Vest, Villeré, Wright of Georgia, and Wright of Texas.

So the amendment was lost.

Messages were received from the Senate, by their Secretary, Mr. Nash; which are as follows, to wit:

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

• S. 34. An act to amend an act entitled "An act to alter and amend an act for the sequestration of estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States," approved February 15, 1862;

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

Mr. Speaker: The President of the Confederate States having returned to the Senate the bill (S. 36) entitled "An act to increase the strength and efficiency of heavy artillery for seacoast defense," with his objections to the same, the Senate proceeded to reconsider the bill, and resolved that the bill do pass, two-thirds of the Senate agreeing thereto.

I am directed by the Senate to communicate the said bill, the message of the President returning the same to the Senate with his objections, and the proceedings of the Senate thereon to the House of Representatives.

Mr. Foote moved that the House reconsider the vote by which the amendment was lost.

Mr. Barksdale demanded the question; which was ordered.

Mr. Conrad demanded the yeas and nays.

The yeas and nays were ordered.

Pending which,

The hour of 3 having arrived,

The House took a recess until 7.30 o'clock;

And having again met,

The yeas and nays were recorded as follows, to wit:
• Yeas ... 30
• Nays ... 45

Yeas: Baldwin, Boyce, Chilton, Clark, Clopton, Conrad, Curry, Davidson, De Jarnette, Farrow, Foote, Freeman, Gaither, Garnett,

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Goode, Gray, Hartridge, Holcombe, Jones, Kenan of Georgia, Lyons, Marshall, Miles, Perkins, Preston, Pugh, Sexton, Simpson, Welsh, and Mr. Speaker.

Nays: Arrington, Ashe, Atkins, Barksdale, Batson, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, Conrow, Currin, Dargan, Dupré, Elliott, Ewing, Foster, Graham, Hanly, Harris, Hilton, Kenan of North Carolina, Lewis, Lyon, Machen, Martin, McDowell, McQueen, McRae, Menees, Miller, Moore, Munnerlyn, Ralls, Read, Royston, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Vest, Villeré, Wright of Georgia, and Wright of Texas.

So the motion to reconsider was lost.

On motion of Mr. Chambers.

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

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