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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 --SEVENTIETH DAY--WEDNESDAY, April 8, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Edwards.
On motion of Mr. McQueen, leave of absence was granted to Mr. Miles, on account of urgent business.
The House proceeded to the consideration of the unfinished business; which was
A bill to provide just compensation for past impressments.
Mr. Russell moved to postpone the further consideration of the same.
The motion was lost.
Mr. Munnerlyn moved that the rules be suspended to enable him to make a report from the Committee on Claims; which was agreed to, and
Mr. Munnerlyn, from the Committee on Claims, to which was referred a bill of the Senate entitled "An act for the relief of the Brunswick and Albany Railroad Company, of the State of Georgia," 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.
Mr. Chambliss moved that the rules be suspended to enable him to report a bill from the Committee on Naval Affairs; which was agreed to, and
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Mr. Chambliss, from the Committee on Naval Affairs, reported
A bill to be entitled "An act to distribute bounty granted as a reward to the officers and men serving on board the Virginia, the Patrick Henry, the Jamestown, the Raleigh, the Beaufort, and the Teazer, for their gallantry and courage in the naval engagement with the enemy's vessels in Hampton Roads, on the eighth and ninth of March, eighteen hundred and sixty-two;"
which was read the first and second times.
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.
On motion of Mr. Conrad, the bill was laid upon the table and ordered to be printed.
On motion of Mr. Barksdale, the rules were further suspended to enable him to make a report from the Committee on Printing, and
Mr. Barksdale, from the Committee on Printing, to which was referred a Senate bill (No. 41) to amend the several acts prescribing the mode of publishing the laws and resolutions of the Confederate States, reported the same back, with the recommendation that it pass.
The question being on the postponement 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 of America do enact, That it shall be the duty of the Attorney-General to select from the laws and resolutions of the present and future sessions of the Congress such as may be of a public nature, and which, in his judgment, require immediate publication, and cause the same to be inserted weekly for four weeks, in three public gazettes, published in each State, selecting such gazettes as shall, in his judgment, most generally distribute the laws and resolutions through the entire limits of the several States,
Mr. Perkins moved to amend the same by striking out the words "select from" and inserting in lieu thereof the word "cause;" strike out the words "such as may be of a public nature, and which, in his judgment, require immediate publication, and cause the same."
Mr. Machen demanded the question; which was ordered, and the amendment was lost.
Mr. Baldwin moved to amend the bill by adding thereto, as an additional section, the following, to wit:
Mr. Smith of North Carolina moved to amend by inserting after the word "gazettes" the words "of the largest circulation."
Mr. Clark demanded the previous question.
The previous question was ordered.
The amendment of Mr. Smith was lost.
The amendment of Mr. Baldwin was agreed to, and the bill as amended was read a third time.
Mr. Dupré moved that the vote by which the bill was ordered to a third reading be reconsidered.
The motion was lost, and the bill as amended was passed.
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On motion of Mr. Jones, the forty-second rule was suspended, and the Clerk was directed to report the bill immediately to the Senate.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
The House took up for consideration 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. Lyons moved that the consideration of the same be postponed.
The motion was lost.
The question being on postponing the consideration of the same until the second Monday of the next session,
Mr. Swan demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Bridgers, Chambers, Chilton, Clopton, Collier, Davidson, Dupré, Ewing, Foster, Freeman, Gaither, Hanly, Harris, Hartridge, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Lyon, Martin, McDowell, McLean, McQueen, Munnerlyn, Perkins, Read, Royston, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Trippe, Villeré, Welsh, Wilcox, and Wright of Georgia.
Nays: Ashe, Atkins, Baldwin, Batson, Boteler, Boyce, Horatio W. Bruce, Chambliss, Clapp, Clark, Conrad, Conrow, Currin, Curry, De Jarnette, Farrow, Foote, Garland, Garnett, Goode, Graham, Gray, Heiskell, Johnston, Lewis, Machen, Marshall, McRae, Menees, Miller, Moore, Preston, Pugh, Ralls, Russell, Sexton, Singleton, Swan, Wright of Tennessee, and Wright of Texas.
So the motion was lost.
Mr. Swan moved that the bill and amendments be referred to a special committee of five members, to be appointed by the Chair.
Mr. Atkins demanded the question.
The question was ordered, and the motion prevailed.
Mr. Chambers, from the Committee on Military Affairs, to which was referred a bill of the Senate to prevent the absence of officers or soldiers without leave, 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 having been read as follows, to wit:
The Congress of the Confederate States of America do enact, That no officer or soldier of the Army shall receive pay for any period during which he may be absent without leave, or beyond the leave granted from competent authority according to the regulations of the Army: Provided, That this restriction shall not affect sick and wounded officers and soldiers in hospitals.
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the deduction of pay for such absence will be made by the quartermaster, from the amount otherwise due the officer or soldier; and any commander of a company who shall fail to note such absence on the muster and pay rolls of the company shall be required to refund to the Government the amount forfeited by such absent officer or soldier, unless it shall already have been received from the officer or soldier so absent.
The committee moved to amend by inserting in the proviso to the first section, before the word "sick," the word "the" and striking out therefrom the words "officers and soldiers."
The amendment was agreed to.
Mr. Garnett demanded the previous question; which was ordered, and the bill as amended was read a third time and passed.
On motion of Mr. Chambers,
A bill to provide for the compensation of persons employed by commanding generals as provost-marshals from civil life,
was taken up from the Calendar and referred to the Committee on Military Affairs.
The House proceeded to the consideration of the unfinished business.
Mr. Garnett moved to suspend the rules to enable him to introduce a resolution.
The motion was agreed to, and
Mr. Garnett introduced the following resolution; which was read and agreed to, to wit:
Resolved, That the House do proceed to the consideration of reports from committees, and that no motion to suspend the rules shall be in order until the call of committees is concluded.
The House proceeded to the consideration of the unfinished business, under the call of committees; which was a bill reported from the Committee on the Judiciary, entitled "An act to provide just compensation for past impressments."
The question having been ordered on the amendment of Mr. Machen,
Mr. Collier demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Bridgers, Horatio W. Bruce, Chambers' Chilton, Clark, Clopton, Curry, Dargan, Ewing, Gaither, Heiskell, Hilton, Holt, Jones, Kenan of North Carolina, Lyon, Machen, Marshall, McQueen, McRae, Miller, Munnerlyn, Perkins, Read, Trippe, Villeré, Wilcox, and Wright of Texas.
Nays: Ashe, Baldwin, Boteler, Boyce, Chambliss, Clapp, Collier, Davis, De Jarnette, Foster, Garland, Garnett, Goode, Graham, Gray, Hartridge, Johnston, Kenan of Georgia, Lewis, Lyons, McLean, Moore, Preston, Ralls, Royston, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Vest, Welsh, and Wright of Georgia.
So the amendment was lost.
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Mr. Clapp moved to amend the first section of the bill by inserting after the word "Army" the words
or where the same has been taken for the use of their commands by officers who executed informal or insufficient receipts therefor, and for which proper receipts can not now, by reason of the death of such officers, or other sufficient cause, be obtained.
Mr. Conrad moved that the bill and amendments be laid upon the table, and demanded that the vote be taken by yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Batson, Clark, Conrad, Conrow, Dupré, Ewing, Freeman, Hilton, Holt, Kenan of Georgia, Kenan of North Carolina, Lyon, Machen, Marshall, McDowell, Munnerlyn, Perkins, Pugh, Vest, Villeré, and Wilcox.
Nays: Ashe, Atkins, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Clopton, Collier, Curry, Davidson, Davis, De Jarnette, Elliott, Farrow, Foster, Gaither, Garland, Garnett, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Hodge, Johnston, Jones, Lewis, Lyons, McLean, McQueen, McRae, Moore, Preston, Read, Royston, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Strickland, Swan, Welsh, Wright of Georgia, and Wright of Tennessee.
So the House refused to lay the bill and amendments upon the table.
Mr. Goode demanded the previous question.
The previous question was not ordered.
Mr. Garnett demanded the question.
The question was ordered, and was upon agreeing to the amendment of Mr. Clapp.
Mr. Clapp demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, De Jarnette, Dupré, Elliott, Foster, Goode, Graham, Gray, Hanly, Hilton, Johnston, Kenan of North Carolina, Lewis, Lyons, Marshall, Martin, McRae, Munnerlyn, Perkins, Preston, Ralls, Royston, Sexton, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Villeré, Welsh, Wright of Georgia, and Wright of Texas.
Nays: Ashe, Baldwin, Boyce, Clark, Clopton, Conrad, Conrow, Curry, Davidson, Ewing, Farrow, Freeman, Gaither, Garland, Garnett, Hartridge, Heiskell, Jones, Lyon, Machen, McLean, McQueen, Moore, Pugh, Read, Simpson, Vest, and Wright of Tennessee.
So the amendment was agreed to.
Mr. Gray moved to reconsider the vote by which the amendment was agreed to.
Mr. Goode demanded the question.
The question was ordered, and the motion was lost.
Mr. Chambers moved to amend by inserting in the first section, after the words "use of the Army," the words
and for property lawfully destroyed by the military authorities on the ground that it would, if captured, aid the enemy in the prosecution of the war.
Mr. Clark moved that the further consideration of the bill and amendments be indefinitely postponed.
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Mr. Garland demanded the question.
The question was ordered.
Pending which,
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. Johnston demanded the yeas and nays,
Which were ordered,
Yeas: Atkins, Batson, Chilton, Clark, Clopton, Conrad, Curry, Dupré, Ewing, Graham, Hartridge, Hilton, Holt, Jones, Kenan of North Carolina, Kenner, Machen, Marshall, Munnerlyn, Pugh, Singleton, Strickland, Vest, Villeré, Welsh, Wilcox, and Wright of Texas.
Nays: Ashe, Baldwin, Barksdale, Bell, Boteler, Boyce, Bridgers, Chambers, Chambliss, Clapp, Collier, Davis, De Jarnette, Foster, Gaither, Garland, Garnett, Goode, Hanly, Harris, Heiskell, Johnston, Lewis, McLean, Miller, Moore, Preston, Ralls, Read, Royston, Sexton, Smith of North Carolina, Wright of Georgia, Wright of Tennessee, and Mr. Speaker.
So the motion to postpone was lost.
Mr. McLean demanded the question; which was upon the amendment of Mr. Chambers.
The question was ordered.
Mr. Chambers demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Atkins, Barksdale, Batson, Bell, Bridgers, Chambers, Chilton, Clark, Davis, Dupré, Ewing, Foster, Hanly, Harris, Hartridge, Hilton, Holt, Kenner, Machen, Munnerlyn, Pugh, Read, Smith of North Carolina, Strickland, Vest, Villeré, and Wilcox.
Nays: Ashe, Baldwin, Boteler, Boyce, Chambliss, Clapp, Clopton, Collier, Curry, De Jarnette, Farrow, Gaither, Garland, Garnett, Goode, Graham, Heiskell, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Lewis, Marshall, McLean, Miller, Moore, Preston, Ralls, Royston, Sexton, Simpson, Singleton, Smith of Alabama, Welsh, Wright of Georgia, Wright of Tennessee, and Wright of Texas.
So the amendment was lost.
Mr. Conrad moved to amend the bill by adding at the end thereof the following, to wit:
And provided also, That no additional compensation shall in any case be allowed for property impressed which has been already paid for, unless it be shown to the satisfaction of the accounting officers that the claimant complained to the proper officer, at the time of payment, of the inadequacy of the price allowed for the same.
Mr. Davis moved that the bill and amendments be laid upon the table.
Mr. Baldwin demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Batson, Chilton, Clark, Clopton, Conrad, Conrow, Curry, Davidson, Davis, Dupré, Ewing, Farrow, Foote, Foster, Freeman, Graham, Gray, Harris, Hartridge, Hilton, Hodge, Holt, Kenan of Georgia, Kenan of North Carolina, Kenner, Machen,
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Marshall, McQueen, Munnerlyn, Perkins, Pugh, Ralls, Read, Sexton, Singleton, Smith of Alabama, Strickland, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Ashe, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Chambers, Chambliss, Clapp, Collier, De Jarnette, Gaither, Garland, Garnett, Goode, Heiskell, Johnston, Jones, Lewis, McLean, Moore, Preston, Royston, Simpson, Smith of North Carolina, and Mr. Speaker.
So the bill and amendments were laid upon the table.
Mr. Harris moved that the House adjourn.
The motion was lost.
Mr. Clark moved that the vote by which the bill was laid upon the table be reconsidered.
The motion was lost.
Mr. Moore, from the Committee on the Judiciary, to which was referred
A resolution in relation to substitutes,
reported the same back, asked to be discharged from its further consideration, and that the same be laid upon the table; which was agreed to.
Mr. Heiskell, from the same committee, reported
A bill to provide for the execution of deeds by marshals in certain cases:
which was read the first and second times.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative, and the bill was engrossed, read a third time, and passed.
Mr. Garland, from the same committee, to which was referred a communication from the Postmaster-General in relation to making the Post-Office Department self-sustaining, reported the same back, asked to be discharged from its further consideration, and that the same be referred to the Committee on Post-Offices and Post-Roads; which was agreed to.
Mr. Garland also, from the same committee, to which was referred a resolution in reference to a digest of the laws, reported
A bill to provide for digesting the laws of the United States, and of the Provisional and Permanent Congresses, that are now in force in the Confederate States;
which was read the first and second times, postponed, and placed upon the Calendar.
Mr. Gray, from the same committee, to which was referred
A bill to amend an act to establish the judicial courts of the Confederate States of America, approved March 16, 1861,
reported the same back, asked to be discharged from its further consideration, and that the same lie upon the table; which was agreed to.
Mr. Gray, from the same committee, reported
A bill concerning fees of district attorneys;
which was read the first and second times.
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative.
The bill having been read as follows, to wit:
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States, it is hereby declared that they have been and are entitled to the fees established by the laws of the Confederate States in force prior to the act entitled "An act to establish the judicial courts of the Confederate States of America," approved March sixteenth, eighteen hundred and sixty-one, as well as those enacted since that date.
Mr. Chilton moved to amend the first section of the bill by adding after the word "laws" the words "of the Confederate States."
The amendment was agreed to.
Mr. Hartridge moved to amend the bill by adding as an additional section the following, to wit:
The amount of compensation received by the district attorneys from all sources shall not exceed the sum of five thousand dollars per annum.
Mr. Davidson moved to amend the bill by striking out the second section thereof.
The amendment was agreed to.
The amendment of Mr. Hartridge was agreed to.
Mr. Gray moved that the House reconsider the vote striking out the second section of the bill.
The motion was lost, and the bill as amended was engrossed, read a third time, and passed.
On motion of Mr. Garnett,
The House adjourned until 11 o'clock to-morrow.
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