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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 --SEVENTY-FIRST DAY--THURSDAY, April 9, 1863.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
SEVENTY-FIRST DAY--THURSDAY, April 9, 1863.

OPEN SESSION.

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

On motion of Mr. Hartridge, the forty-second rule was suspended, and the Clerk was ordered to report immediately to the Senate a bill entitled "An act for the relief of the Brunswick and Albany Railroad Company, of the State of Georgia."

Mr. Russell, from the Committee on the Judiciary, reported

A bill to increase the salary of the judge of the district court of the Confederate States for the eastern district of Virginia;
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 as follows, viz:

The Congress of the Confederate States of America do enact, That the compensation hereafter to be allowed the judge of the district court of the Confederate States for the eastern district of Virginia shall be five thousand dollars per annum, payable quarterly.

Mr. Garland moved to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:

That so much of an act entitled "An act to establish the judicial courts of the Confederate States of America," approved March sixteenth, eighteen hundred and sixty-one, as provides that the salary of each of the judges of the district courts of the Confederate States shall be equal to that paid to a judge of the court of the highest jurisdiction in the State where the district judge resides, be, and the same is hereby, repealed, and in lieu thereof the district judges shall receive a salary of five thousand dollars, to be paid quarterly.


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Mr. Foote moved to amend by inserting after the word "hereafter" the words "until the end of one year after the ratification of a treaty of peace between the Confederate States and the United States."

The amendment was agreed to.

Mr. Machen demanded the previous question.

The main question was ordered.

The amendment of Mr. Garland was lost.

The question being on ordering the bill to be engrossed for a third reading,

The same was lost.

Mr. Harris moved that the vote by which the House refused to order the bill to be engrossed for a third reading be reconsidered.

Mr. Curry demanded the question.

The question was ordered, and 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 passed, without amendment, a bill of this House of the following title, viz:

They have also passed bills of the following titles; in which I am directed to ask the concurrence of this House:

They disagree to the amendment proposed by this House to the bill (S. 27) entitled "An act defining who shall be exempt from military service in the armies of the Confederate States," ask a committee of conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Sparrow, Mr. Phelan, and Mr. Mitchel managers at the said conference on their part.

Mr. Russell, from the Committee on the Judiciary, to which was referred

A bill to provide for placing in the military service of the Confederate States citizens of Maryland residing or sojourning within the limits of the Confederacy,
reported the same back, asked to be discharged from its further consideration, and that the same be referred to the Committee on Military Affairs, with the opinion that the bill does not conflict with the provisions of the Constitution.

Mr. Foster demanded the question; which was ordered, and the report of the committee was agreed to.

The Chair laid before the House a bill of the Senate entitled "An act to provide for the transfer of persons serving in the Army to the Navy;" which was read the first and second times and referred to the Committee on Naval Affairs.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled

And the same were signed by the Speaker.

On motion of Mr. Kenan of Georgia,


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The House insisted on its amendment to a bill of the Senate entitled "An act defining who shall be exempt from military service in the armies of the Confederate States," and agreed to the committee of conference proposed by the Senate.

The Chair laid before the House a bill of the Senate entitled "An act to amend an act entitled 'An act to regulate impressments,' approved March twenty-sixth, eighteen hundred and sixty-three;" which was read the first and second times and referred to the Committee on the Judiciary.

The Chair also presented a bill of the Senate entitled "An act to establish the form of fifty-cent Treasury notes;" which was read the first and second times and referred to the Committee on Ways and Means.

The Chair also presented a bill of the Senate entitled "An act to pay officers and privates not legally mustered into the service of the Confederate States for services actually performed;" 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 amend an act to establish the Bureau of Indian Affairs;" which was read the first and second times and referred to the Committee on Indian Affairs.

The Chair also presented a bill of the Senate entitled "An act to provide for having the laws relating to military and naval affairs digested and published;" which was read the first and second times and referred to the Committee on Printing.

On motion of Mr. Jones,

The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.

Mr. Chilton moved that the rules be suspended to enable him to make a report from the committee of conference.

The Chair decided that the motion was not in order, upon the ground that under the order of the House the call of committees should be proceeded with until concluded, and that, pending the call of committees, no other business nor any motion to suspend the rules should be in order.

Mr. Chilton appealed to the House from the decision of the Chair.

And the question being,

Shall the decision of the Chair stand as the judgment of the House?

It was decided in the affirmative.

Mr. Russell, from the Committee on the Judiciary, to which was referred

A bill authorizing the suspension of the writ of habeas corpus,
reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Russell, from the same committee, to which was referred

A bill to continue in force an act authorizing the suspension of the writ of habeas corpus,
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 affirmative.

Mr. Barksdale moved that the vote by which the bill was postponed and placed upon the Calendar be reconsidered.


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Pending the consideration of which,

The hour of 3.30 having arrived,

The House took a recess until 8 o'clock p. m.;

And having again met,

Mr. Chambers demanded the question; which was on the motion to reconsider.

The question was ordered.

Mr. Kenan of Georgia demanded the yeas and nays.

The yeas and nays were ordered,

Yeas: Barksdale, Batson, Bridgers, Conrow, Ewing, Gray, Harris, Hartridge, Heiskell, Hilton, Holt, Johnston, Kenan of Georgia, Kenan of North Carolina, McQueen, McRae, Miller, Moore, Pugh, Royston, and Vest.

Nays: Ashe, Baldwin, Bell, Boyce, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clark, Collier, Davidson, Davis, De Jarnette, Dupré, Farrow, Foote, Gaither, Garland, Garnett, Goode, Graham, Hodge, Jones, Kenner, Lewis, Lyons, Machen, Marshall, McLean, Perkins, Preston, Ralls, Read, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Strickland, Villeré, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.

So the motion was lost.

Mr. Chilton moved that the House reconsider the vote by which the resolution of Mr. Garnett, continuing the call of committees, was agreed to.

The motion prevailed, and

Mr. Chilton moved to amend the same by striking out all thereof after the word "Resolved" and inserting in lieu thereof the following, to wit:

That the committees be called through for reports before the transaction of any other business, except matters of personal privilege and other matters regarded as of such high importance under ordinary rule as to give them precedence over all other business, and in the meantime no motion to suspend the rule shall be in order; and this resolution shall apply to secret as well as to open session.

The amendment was agreed to.

And the question being on agreeing to the resolution as amended,

Mr. Ralls demanded the yeas and nays;

Which were ordered,

Yeas: Barksdale, Bell, Boteler, Boyce, Chambers, Chambliss, Chilton, Collier, Davis, De Jarnette, Dupré, Ewing, Gaither, Garland, Garnett, Goode, Graham, Harris, Hartridge, Heiskell, Hilton, Hodge, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Lyons, Machen, Marshall, McLean, McQueen, McRae, Miller, Moore, Preston, Pugh, Ralls, Read, Royston, Sexton, Simpson, Strickland, Villeré, Wright of Georgia, Wright of Texas, and Mr. Speaker.

Nays: Baldwin, Batson, Bridgers, Horatio W. Bruce, Clapp, Clark, Farrow, Gray, Johnston, Kenner, Lewis, Perkins, Smith of Alabama, Smith of North Carolina, Vest, Welsh, and Wilcox.

So the resolution as amended was agreed to.

Mr. Garland, from the Committee on the Judiciary, to which was referred a bill of the Senate entitled "An act to organize the Supreme


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Court of the Confederate States," reported the same back, with the recommendation that it pass with an amendment.

Mr. Jones moved that the consideration of the bill and amendment be postponed until the third Monday of the next session.

Mr. Lyons demanded the yeas and nays;

Which were ordered,

Yeas: Atkins, Boyce, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clark, Conrow, Davidson, Davis, Dupré, Ewing, Foote, Foster, Gaither, Hanly, Harris, Heiskell, Holt, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Marshall, McRae, Preston, Pugh, Ralls, Read, Smith of Alabama, Smith of North Carolina, Strickland, Vest, Villeré, Wilcox, Wright of Georgia, Wright of Texas, and Mr. Speaker.

Nays: Ashe, Baldwin, Batson, Bell, Boteler, Bridgers, Collier, De Jarnette, Farrow, Garland, Garnett, Goode, Graham, Gray, Hartridge, Hilton, Hodge, Kenner, Lewis, Lyons, Machen, McLean, McQueen, Miller, Moore, Perkins, Royston, Sexton, Simpson, and Welsh.

So the motion was agreed to.

Mr. Clapp moved to reconsider the vote by which the motion to postpone was agreed to.

Mr. Atkins moved to lay the motion on the table; which was agreed to.

Mr. Garland, from the same committee, to which was referred a bill of the Senate entitled "An act to establish the court for the investigation of claims against the Government of the Confederate States," reported the same back, with the recommendation that it pass with an amendment.

Mr. Boyce moved that the consideration of the bill be postponed until the fourth Monday in the next session and that it be printed.

Mr. Jones demanded the question; which was ordered.

Mr. Lyons demanded the yeas and nays.

The yeas and nays were ordered,

Yeas: Atkins, Batson, Boyce, Chilton, Clark, Conrad, Currin, Dupré, Ewing, Farrow, Foote, Gaither, Hanly, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Marshall, Martin, McLean, McQueen, Pugh, Ralls, Royston, Singleton, Smith of North Carolina, Strickland, Vest, Villeré, Wilcox, Wright of Georgia, and Wright of Texas.

Nays: Ashe, Baldwin, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, Conrow, Davidson, Davis, De Jarnette, Foster, Garland, Garnett, Goode, Gray, Harris, Hartridge, Heiskell, Herbert, Hodge, Johnston, Lewis, Lyons, Machen, Miller, Moore, Perkins, Preston, Read, Sexton, Simpson, Welsh, and Mr. Speaker.

So the motion was lost.

Mr. Chambliss moved that the consideration of the bill be made the special order of business for Monday next and that the bill be printed.

The motion was lost.

Mr. Jones moved that the consideration of the bill be postponed until the third Monday in next session.


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Mr. Moore demanded the question; which was ordered.

Mr. Machen moved that the House adjourn.

The motion was lost.

Mr. Lyons demanded the yeas and nays;

Which were ordered,

Yeas: Atkins, Batson, Boyce, Chilton, Clark, Conrad, Currin, Dupré, Ewing, Farrow, Foote, Gaither, Graham, Hanly, Hilton, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Machen, Marshall, Martin, McLean, McQueen, Pugh, Ralls, Royston, Singleton, Smith of North Carolina, Strickland, Vest, Villeré, Wilcox, Wright of Georgia, and Wright of Texas.

Nays: Ashe, Baldwin, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Collier, Conrow, Davidson, Davis, De Jarnette, Foster, Garland, Garnett, Goode, Gray, Harris, Hartridge, Heiskell, Herbert, Johnston, Lewis, Lyons, Miller, Moore, Perkins, Preston, Read, Sexton, Simpson, Welsh, and Mr. Speaker.

So the motion prevailed.

On motion of Mr. Strickland,

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

SECRET SESSION.

The House being in secret session,

The Chair presented a communication from the President; which is as follows, to wit:

Richmond, Va., April 6, 1863.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of the Navy, to be read in secret session.

I invite your especial attention to the subject presented.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Naval Affairs.

The Chair also presented a communication from the President; which is as follows, to wit:

Richmond, Va., April 2, 1863.

To the House of Representatives:

I herewith transmit a communication from the Secretary of State, to be read in secret session, in partial response to your resolution of February 28, asking for copies of such portions of the correspondence between the State Department and our commissioners abroad as can be communicated without detriment to the public interest.

JEFFERSON DAVIS.

Mr. Perkins moved that the message and accompanying documents be referred to the Committee on Foreign Affairs.

Mr. Swan moved to amend the motion of Mr. Perkins by adding thereto the words "with instructions to report to this House if any of said correspondence should be printed, and if so, what part."

The amendment was agreed to, and the motion as amended was agreed to.

Mr. Conrad, from the Committee on Naval Affairs, to which had been referred

A bill to establish a volunteer navy,
reported the same back, with the recommendation that it do pass.


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And the question upon postponing the further consideration of the bill and placing it on the Calendar being decided in the negative,

Mr. Foote demanded the previous question.

The main question was ordered, and the bill was engrossed, read a third time, and passed.

Mr. Russell, from the Committee on the Judiciary, to which had been referred joint resolution of the Senate (2) relative to the plan of retaliation proposed in the President's message, reported the same back, with the recommendation that it pass with an amendment.

On motion of Mr. Conrad, the further consideration of the joint resolution and amendment was postponed, ordered to be printed, and made the special order for Monday next after the morning hour, and from day to day until concluded.

Mr. Russell, from the same committee, to which was referred a bill of the Senate (82) entitled "An act to authorize retaliation on the enemy for violations of the usages of civilized warfare," reported the same back, with the recommendation that it pass with sundry amendments.

On motion of Mr. Conrad, the further consideration of the bill and amendments was postponed, ordered to be printed, and made the special order after the joint resolution on the subject of retaliation, and from day to day until concluded.

Mr. Gray moved that the rules be suspended to enable him to introduce a resolution.

Mr. Jones, being in the chair, decided the motion out of order, the House having ordered that no suspension of the rules be allowed until after the conclusion of the call of committees.

Mr. Read appealed from the decision of the Chair.

Pending which,

The House,

On motion of Mr. Garnett,

Resolved itself into open session.

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