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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-NINTH DAY--TUESDAY April 7, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Edwards.
On motion, leave was granted to Messrs. Hanly and Chambers to change their votes upon the amendment offered by Mr. Curry to the first section of the act providing for holding elections for Representatives in the Congress of the Confederate States in States occupied by the forces of the enemy, and upon the reconsideration of the same.
On motion of Mr. Atkins, leave of absence was granted to Mr. Tibbs, on account of business.
The Chair announced Messrs. Chilton of Alabama, Holt of Georgia, and Atkins of Tennessee as managers on the part of the House at the conference proposed by the Senate, upon a bill to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service.
On motion of Mr. Chambliss, leave of absence was granted to Mr. McDowell, on account of urgent business.
The Chair laid before the House a bill of the Senate entitled "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 fifteenth, eighteen hundred and sixty-two;" which was read the first and second times and referred to the Committee on the Judiciary.
The Chair also laid before the House a communication from the President; which is as follows, viz:
To the Senate of the Confederate States:
I regret that a sense of duty compels me to return to you, with my objections, an act which originated in the Senate, entitled "An act to increase the strength and efficiency of heavy artillery for seacoast defense."
This act selects from the Provisional Army a particular regiment, known as the First Regiment of South Carolina Infantry, and directs that it shall hereafter be known as the Second Regiment of South Carolina Artillery, and shall have the same organization as is now allowed by law to the First Regiment of South Carolina Artillery.
It next directs that the First and Second regiments of South Carolina Artillery
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shall be increased to twelve companies each, and that the complement of a company shall be one hundred and twenty-five enlisted men.
The objections entertained to these provisions are grave, and I submit them as succinctly as possible.
I. The organization of artillery into regiments is subject to great inconvenience, and impairs the efficiency of that important arm of the service.
Both in the Regular and the Provisional Army the organization of the artillery is a corps, composed of batteries, the commander of a battery being a captain and the men being formed into companies. This organization applies to both heavy or siege and field artillery, and experience has shown it to be more efficient than the organization into regiments. Under the law as it now exists the exact number of batteries required at any point can be ordered there, and an officer of such rank as is appropriate to the number of guns is assigned to their command. It is thus in the power of commanders to assign officers to the duties for which they are most competent, some having greater merit in heavy and others in light artillery. The system has worked exceedingly well, and I should greatly regret to see it changed or impaired by exceptions. If the organization by regiments be better, it ought to be adopted for the whole artillery service. If not, why should the exceptions to a good system be increased in number?
Where the organization is uniform throughout the service the troops are better satisfied and the administration of the Army is much more easy and efficient. Where there are exceptions there is constant effort on the part of the men to change from one organization to another, discontent is engendered, and embarrassments arise in administration.
It rarely occurs that the service of artillery is required at one point to the number of ten or twelve companies. The exigencies of the service will require that these regiments (if organized as contemplated in the bill now returned to you) shall be broken into detachments, and the field officers, in such event, would be in command of fractions not proportional to their rank.
The First Regiment of South Carolina Artillery was organized by the State before the formation of the Confederacy, and when it was transferred to this Government it was necessarily accepted with the existing organization; but that organization was exceptional and objectionable for the reasons already stated. It has been retained in Fort Sumter, which is one of the points where such an organization is least detrimental to the service, but no satisfactory reason is perceived for augmenting the number of companies of which it is composed or for the organization of another regiment.
The First Regiment of South Carolina Infantry, or a part of it, I am informed, has been assigned to duty and has received instruction in the artillery service, and can be so employed without the passage of the act in question as long as the exigencies of the service may require. It still remains, however, infantry, and could in case of necessity be used as such in the field. If the act should become a law,this advantage would be lost without any apparent compensating benefit.
II. The act seems to me objectionable as being special legislation.
It is well known that the artillery service is very generally preferred by our troops to infantry service. It is believed that there would be little difficulty now in raising a regiment of artillerists from citizens exempt from conscription, while such is not the case with infantry. If the example be once set of converting regiments of infantry into artillery, it needs little foresight to predict that Congress will be beset with applications for such change from regiments now serving as infantry, and claims will be put forward for equal favors in each of the States. Wherever siege artillery is required the delegations from the different States will naturally expect and apply for a grant of the same favor to some infantry regiment from their State, and this result would be far from conducive to the discipline of the Army and the good of the service.
There are now numbers of our citizens who, after having volunteered in the infantry, have been found to feeble in constitution to withstand the fatigue and exhaustion of the rapid movements on which the success of our military operations depends. Such soldiers would deem it a great favor to be transferred to the service of heavy artillery, for which they would be well fitted,and their claims for this favorite service appear to me better founded than those of the enlisted men of the infantry regiment designated in the act.
If the purpose of the act be, as it apparently is, to provide for twenty-four companies of artillerists to serve together, the command of these companies would be of sufficient importance to require the appointment of a brigadier-general to command them; and it is feared that such special legislation, without apparent necessity, for one State would be made the precedent for similar demands from other States, thus
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leading to consequences which did not, perhaps, suggest themselves to Congress when the bill received its assent.
III. It is finally suggested for the consideration of Congress whether some of the provisions of this bill are not equivalent to the exercise of Executive functions by the legislative department of the Government, and therefore an infringement of the principles of the Constitution which so carefully separate the duties of these different departments.
Congress has power to "make rules for the government and regulation of the land and naval forces" as well as to "raise armies."
Under these powers Congress could undoubtedly order the raising of regiments of artillery for seacoast defense, and by change of organization direct that a certain number of regiments of infantry be converted into artillery. But such is not the bill under discussion. Congress, in that bill, orders a specified regiment to be employed for seacoast defense.
If this be a legitimate exercise of legislative power, Congress can, of course, select other regiments and order them to the defense of the Indian country, and select, again, other regiments and order them to be sent to the Tennessee, the Virginia, or the Texan frontier.
Such orders seem to me purely executive. They have hitherto been made through the Adjutant-General of the Army, and it requires but little reflection to perceive that the exercise of such powers by Congress withdraws from the Executive the authority indispensable to the fulfillment of his functions as Commander in Chief.
These reasons have appeared to my mind decisive of the question, and I therefore respectfully return them to the Senate as those which have prevented my approval of the act, which is also herewith returned.
JEFFERSON DAVIS.
Richmond, Va., March 31, 1863.
On motion of Mr. Miles, the bill returned by the President was taken up for consideration.
And the question being,
Shall the bill become a law, the reasons of the President to the contrary notwithstanding?
The yeas and nays were recorded, as required by the Constitution,
Yeas: Bell, Boyce, Chambliss, Clark, Conrad, Dupré, Elliott, Ewing, Farrow, Foote, Garland, Garnett, Hilton, Marshall, Martin, McDowell, McQueen, Miles, Perkins, Pugh, Simpson, and Villeré.
Nays: Ashe, Atkins, Baldwin, Barksdale, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clapp, Clopton, Collier, Conrow, Currin, Curry, Dargan, Davidson, Davis, De Jarnette, Foster, Freeman, Gaither, Goode, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lewis, Lyon, Lyons, Machen, McLean, Menees, Miller, Moore, Ralls, Read, Royston, Sexton, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Welsh, Wilcox, Wright of Georgia, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the bill was lost.
On motion of Mr. Wright of Georgia, a bill to reorganize and promote the efficiency of the Medical Department of the Army was taken up and made the special order for Friday next.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:
They have also passed bills of the following titles, viz:
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In which I am directed to ask the concurrence of this House.
Mr. Miles, from the Committee on Military Affairs, to which was referred sundry amendments of the Senate to a bill of the House entitled "An act to prohibit the punishment of soldiers by whipping," reported the same back, with the recommendation that they be concurred in with an amendment.
The amendments of the Senate having been read as follows, to wit:
Insert after the words "court-martial" the words "or military court."
Insert the following independent section:
"'All officers and soldiers who have received pay or have been duly enlisted in the service of the Confederate States, and shall be convicted of having deserted the same, shall suffer death, or confinement in a penitentiary with or without hard labor for a period not less than one year or more than five, or such other punishment as the court-martial or military court may determine.'"
The first amendment of the Senate was agreed to.
The question being on the second amendment,
The committee moved to amend the same by inserting after the word "punishment" the words "not inconsistent with the provisions of this act."
Mr. Baldwin moved to lay the amendment to the amendment upon the table.
The motion was lost.
The amendment to the amendment was agreed to, and the amendment as amended was agreed to.
Mr. Miles, from the Committee on Military Affairs, to which was referred
A bill to amend an act to provide for an increase of the Quartermaster's and Commissary Departments, approved February 15, 1862, 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.
The bill was taken up, and having been read as follows, to wit:
The Congress of the Confederate States do enact, That the act entitled "An act to provide for an increase of the Quartermaster's and Commissary Departments," approved February fifteenth, eighteen hundred and sixty-two, be, and the same is hereby, amended by striking out the proviso at the end of the same and inserting in lieu thereof the following: "Provided, That no quartermaster, assistant quartermaster, commissary, or assistant commissary be authorized to employ as a clerk any one liable to military service, and the commanding officer of quartermasters, assistant quartermasters, commissaries, or assistant commissaries may detail from the ranks under his command such person or persons as may be necessary for service in the offices of said quartermasters, assistant quartermasters, commissaries, or assistant commissaries,"
Mr. Welsh moved to amend the same by adding thereto the following proviso, to wit:
Provided, That only disabled soldiers shall be so detailed where one can be found for such service.
The amendment was agreed to, and the bill as amended was engrossed, read a third time, and passed.
Mr. Hilton moved that the House resolve itself into secret session.
The motion was lost.
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Mr. Batson, from the Committee on Military Affairs, to which was referred
An act to provide for the compensation of persons employed by commanding generals as provost-marshals from civil life,
reported the same back, with the recommendation that it pass with an amendment.
The consideration of bill and amendment was postponed, and the same were placed upon the Calendar.
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. Russell moved to amend the first section by striking out thereof the word "Virginia."
Mr. Foster demanded the question; which was ordered.
Mr. Boteler demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Baldwin, Batson, Boteler, Chambers, Chambliss, Chilton, Clapp, Clopton, Collier, Currin, Curry, Davidson, De Jarnette, Dupré, Elliott, Farrow, Foote, Foster, Freeman, Garland, Garnett, Goode, Graham, Gray, Hanly, Harris, Hartridge, Herbert, Hilton, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Lewis, Lyon, Lyons, Marshall, Martin, McLean, McQueen, Menees, Miles, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Read, Royston, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Strickland, Trippé, Vest, Villere, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Ashe, Bridgers, Horatio W. Bruce, Clark, Conrad, Conrow, Ewing, Gaither, Heiskell, Hodge, Kenner, Moore, Swan, and Wright of Tennessee.
So the amendment was agreed to.
Mr. Perkins moved to amend the same section by striking out therefrom the word "Louisiana."
The amendment was agreed to.
Mr. Russell moved to amend the same section by inserting after the words "and in any other States" the words "except the State of Virginia."
The amendment was agreed to.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The President of the Confederate States has notified the Senate that he did, on the 2d instant, approve and sign bills of the following titles, viz:
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On the 4th instant, the President approved and signed the following bills, viz:
Mr. Clapp moved to amend the amendment of Mr. Marshall by striking out all of the same and inserting in lieu thereof the following, to wit:
When during the continuance of the present war it shall be impracticable to hold an election for Representatives in the Confederate Congress in any one of the Confederate States by reason of the presence or proximity of the public enemy, or if such State shall, by the laws thereof, be divided into separate Congressional districts, and it shall be impracticable to hold an election as aforesaid in one-third the number of such districts, or in a majority of the counties composing such districts, which fact may be ascertained and determined by the proclamation of the governor of such State, issued not more than sixty days and not less than forty before the usual time of holding an election therein for Representatives in Congress, it shall be lawful to hold such election at such places as are or shall be designated by the laws of said State at which it may be practicable to hold the same, and at such places to elect the whole number of Representatives to which such State is entitled, either by general ticket or by such other method as is prescribed or may be prescribed by the laws of such State.
Mr. Clopton moved that the bill and amendments be laid upon the table.
The motion was lost.
Mr. Machen moved to amend the first section by striking out the letter "s" from the word "States" after the words "in any other."
The amendment was agreed to.
Mr. Smith of North Carolina moved to amend the same by inserting after the words "except Virginia" the words "North Carolina."
The amendment was agreed to.
On motion of Mr. Holt, the rule was suspended to enable him to make a motion to amend the rule in relation to the recess of the House.
The motion prevailed, and
Mr. Holt moved that the House take a daily recess from half past 3 until 8 o'clock p. m.
Mr. Machen moved to amend the motion by striking out all of the same and inserting in lieu thereof "that the House will adjourn daily at 4 o'clock."
The amendment was lost.
Mr. Lyons moved to amend the same by striking out all thereof and inserting the words "that for the remainder of the session the House will meet at 10 o'clock a. m. and adjourn at 4 o'clock p. m."
Mr. Swan demanded the previous question.
The previous question was ordered, and the amendment was lost.
Mr. McLean demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Bridgers, Horatio W. Bruce, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Davidson, Foote, Foster, Freeman, Gaither, Garland, Garnett, Gray, Heiskell, Herbert, Hilton, Holt, Kenner, Lewis, Marshall, McDowell, McLean, McRae, Menees, Miles, Munnerlyn, Perkins, Ralls, Royston, Russell, Sexton, Swan, Vest, Welsh, and Wilcox.
Nays: Barksdale, Batson, Bell, Boteler, Chambers, Chambliss, Conrow,
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Currin, Curry, Dargan, De Jarnette, Ewing, Farrow, Goode, Graham, Hanly, Harris, Johnston, Kenan of Georgia, Lyons, Machen, McQueen, Miller, Moore, Preston, Read, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Wright of Texas, and Mr. Speaker.
So the motion prevailed.
The question being on the amendment of Mr. Clapp to the amendment of Mr. Marshall,
On motion of Mr. Heiskell, the same was laid upon the table.
Mr. Royston demanded the question.
The question was not ordered.
Mr. Machen moved that the House adjourn.
The motion was lost.
The hour of half past 3 having arrived,
The House, under the rule, took a recess until 8 o'clock p. m.;
And having again met,
Mr. Chilton moved that the rules be suspended to enable him to report sundry bills from the Committee on Post-Offices and Post-Roads.
Mr. Garnett demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Ashe, Atkins, Barksdale, Bell, Boyce, Bridgers, Chilton, Clapp, Clark, Clopton, Conrad, Curry, Davis, Elliott, Ewing, Farrow, Foster, Garland, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Hilton, Hodge, Holt, Johnston, Jones, Kenan of North Carolina, Kenner, Lewis, Lyon, Machen, McDowell, McLean, McRae, Miles, Miller, Munnerlyn, Perkins, Ralls, Read, Royston, Sexton, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.
Nays: Garnett, Goode, and Mr. Speaker.
So the rules were suspended, and
Mr. Chilton, from the Committee on Post-Offices and Post-Roads, to which was referred 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," reported the same back, with the recommendation that it pass.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative.
Mr. Jones demanded the previous question; which was ordered, and the bill was read a third time and passed.
On motion of Mr. Jones, the forty-second rule was suspended, and the Clerk was directed to report the bill immediately to the Senate.
Mr. Chilton also, from the same committee, to which was referred a bill of the Senate entitled "An act to establish a preferred mail across the Mississippi River," reported the same back, with the recommendation that it pass.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative.
The bill was taken up, read a third time, and passed.
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On motion of Mr. Chilton, Rule 42 was suspended, and the Clerk was directed to report the bill immediately to the Senate.
Mr. Chambers moved to amend the first section by striking out thereof the words
and in any other State in which more than one-third of the number of Congressional districts, or a majority of the counties composing such districts, respectively.
Mr. Conrad moved to amend the amendment of Mr. Marshall by striking out all of the same and inserting in lieu thereof the following, to wit:a
[Note a: a The amendment is not recorded in the Journal.]
The amendment was accepted by Mr. Marshall.
Mr. Holt moved to lay the bill and amendments upon the table.
Mr. Vest demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Bridgers, Chilton, Clapp, Clark, Clopton, Davidson, Elliott, Ewing, Foster, Freeman, Garnett, Goode, Harris, Hartridge, Hilton, Holt, Jones, Kenan of North Carolina, Lyon, Martin, McDowell, McLean, McRae, Munnerlyn, Ralls, Royston, Simpson, Smith of North Carolina, Strickland, Trippe, Welsh, Wilcox, and Wright of Georgia.
Nays: Ashe, Atkins, Baldwin, Barksdale, Bell, Boteler, Chambers, Collier, Conrad, Conrow, Currin, Curry, Davis, Garland, Graham, Gray, Hanly, Heiskell, Herbert, Hodge, Johnston, Lewis, Lyons, Machen, Marshall, McQueen, Menees, Miles, Miller, Perkins, Read, Sexton, Singleton, Swan, Vest, Villeré, and Wright of Texas.
So the motion was lost.
Mr. Foster demanded the question.
The question was ordered, and the amendment of Mr. Chambers was agreed to.
Mr. Jones moved that the further consideration of the bill and amendments be postponed until the second Monday of the next session.
Mr. Jones demanded the question; which was ordered.
Mr. Swan demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Bridgers, Chilton, Clark, Clopton, Conrad, Curry, Davidson, Davis, De Jarnette, Elliott, Ewing, Farrow, Foster, Freeman, Garnett, Goode, Gray, Hanly, Harris, Hartridge, Hilton, Holt, Jones, Kenan of North Carolina, Kenner, Lyon, Machen, Marshall, Martin, McDowell, McLean, McQueen, Munnerlyn, Perkins, Royston, Smith of North Carolina, Strickland, Swan, Trippe, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Ashe, Atkins, Baldwin, Barksdale, Bell, Boteler, Collier, Conrow, Currin, Garland, Graham, Heiskell, Hodge, Johnston, Lewis, Lyons, McRae, Menees, Miles, Miller, Ralls, Read, Sexton, Singleton, Vest, and Wright of Texas.
So the motion was agreed to.
Mr. Swan moved that the House reconsider the vote by which the motion to postpone was agreed to.
Mr. Trippe moved that the House do now adjourn.
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The motion was lost.
Mr. Gray demanded the question; which was on the motion to reconsider.
The question was ordered.
Mr. Swan moved a reconsideration of the vote ordering the question.
Mr. Menees moved that the House do now adjourn.
The motion was lost.
The motion to reconsider the call of the question was lost, and the question recurring on the motion to reconsider the motion to postpone,
Mr. Swan demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Bell, Boteler, Clapp, Collier, Conrad, Conrow, Currin, Davis, De Jarnette, Ewing, Garland, Graham, Heiskell, Johnston, Lewis, Machen, McQueen, McRae, Menees, Miles, Miller, Ralls, Read, Singleton, Swan, Vest, Villeré, and Wright of Texas.
Nays: Bridgers, Chambers, Chilton, Clark, Clopton, Curry, Davidson, Foster, Freeman, Garnett, Goode, Hanly, Harris, Hilton, Holt, Jones, Kenan of North Carolina, Kenner, Lyon, Marshall, Martin, McDowell, McLean, Munnerlyn, Perkins, Royston, Smith of North Carolina, Strickland, Welsh, Wilcox.
So the motion prevailed.
On motion of Mr. Harris,
The House adjourned until 11 o'clock to-morrow.
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