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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-SEVENTH DAY--THURSDAY, April 16, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Seeley.
The Chair laid before the House a bill of the Senate entitled "An act to increase the efficiency of the Medical Department;" which was read the first and second times and referred to the Committee on the Medical Department.
The Chair also presented a bill of the Senate entitled "An act to authorize the Secretary of the Navy to lease a site near the city of Richmond for the preparation and safe-keeping of ordnance stores;" which was read the first and second times and referred to the Committee on Ordnance and Ordnance Stores.
The Chair presented a bill of the Senate entitled "An act to prescribe the rates of postage on newspapers, periodicals, books, and transient and other matter;" which was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
The Chair also presented a House bill, returned from the Senate with an amendment, entitled "An act to allow commutation for clothing to the militia in actual service of the Confederate States;" which was referred to the Committee on Military Affairs.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
An act to authorize the Commissioner of Patents to purchase books for the library of the Patent Office.
And the Speaker signed the same.
Mr. Clapp, from the Committee on Claims, reported
A joint resolution authorizing payment for ice purchased for the use of the Provisional Congress;
which was read the first and second times, its further consideration postponed, and placed upon the Calendar.
Mr. Clapp moved to reconsider the vote by which the joint resolution was placed upon the Calendar.
The motion was lost.
Mr. Clopton, from the Committee on Claims, to which was referred
A bill to authorize the issue of bonds to subscribers to the produce loan in certain cases,
reported the same back, with the recommendation that it do not pass.
The bill was postponed and placed upon the Calendar.
Mr. Clopton, from the same committee, reported back the following memorials, etc., asked to be discharged from their further consideration, and that the same do lie upon the table; which was agreed to, viz:
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Mr. Clopton, from the same committee, reported
A bill to provide for the payment for horses disabled in the public service;
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:
Mr. Boteler moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
[That so much of the seventh section of the act entitled "An act to provide for the public defense," approved March sixth, eighteen hundred and sixty-one, as relates to compensation for horses killed in action shall be amended by substituting for the last clause in said section the following words: "For horses killed in action or unavoidably lost when the soldier is in the regular and proper discharge of his duty, volunteers, including field officers, shall be allowed compensation according to their appraised value at the date of muster into service. Horses permanently disabled in action shall be turned over to the quartermaster, to be sold for the benefit of the Confederate States, and volunteers shall be allowed compensation for them according to their appraised value at the date of muster into service."]
Mr. Sexton moved to amend the bill by inserting after the word. "lost" the words
or where he shall have been dismounted and made to do duty as an infantry soldier by the order of his immediate or any commanding officer, and the loss of his horse shall have resulted therefrom without any fault or negligence on his part.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
An act to amend an act to establish the Bureau of Indian Affairs;
An act relating to appeals from the Commissioner of Patents;
Joint resolution for the relief of Capt. John F. Divine;
An act explanatory of an act entitled "An act to authorize the President to accept and place in the service certain regiments and battalions heretofore raised," approved October 11, 1862; also
An act for the relief of certain officers and soldiers from the State of Missouri.
And the Speaker signed the same.
Mr. Read moved to amend the amendment of Mr. Boteler 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.]
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On motion of Mr. Davidson, the main question was ordered.
The question being on the amendment of Mr. Sexton,
Mr. Sexton demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Batson, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Collier, Currin, Curry, Davis, De Jarnette, Foote, Foster, Freeman, Gaither, Garland, Goode, Graham, Gray, Hanly, Heiskell, Herbert, Hilton, Hodge, Johnston, Jones, Lewis, Lyons, Machen, Martin, Moore, Munnerlyn, Pugh, Ralls, Sexton, Simpson, Singleton, Smith of Alabama, Swan, Trippe, Welsh, Wilcox, and Wright of Texas.
Nays: Boyce, Clark, Clopton, Conrow, Dupré, Elliott, Ewing, Hartridge, Kenan of Georgia, Kenan of North Carolina, Marshall, McLean, McQueen, McRae, Perkins, Royston, Smith of North Carolina, Strickland, Villeré, and Wright of Tennessee.
So the amendment was agreed to.
The question being on the amendment to the amendment offered by Mr. Read,
Mr. Read demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Collier, Davis, De Jarnette, Elliott, Ewing, Farrow, Foote, Foster, Freeman, Gaither, Goode, Graham, Hanly, Heiskell, Herbert, Hilton, Johnston, Jones, Kenan of North Carolina, Lyons, Machen, Martin, Menees, Miller, Moore, Perkins, Pugh, Read, Royston, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Swan, Welsh, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Boyce, Clapp, Clark, Clopton, Conrow, Curry, Dargan, Davidson, Dupré, Gray, Kenan of Georgia, Lewis, Marshall, McLean, McQueen, McRae, Ralls, Singleton, Strickland, Trippe, and Villeré.
So the amendment to the amendment was agreed to.
The question being on agreeing to the amendment as amended,
Mr. Perkins demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Collier, Crockett, Currin, Davis, Ewing, Farrow, Foote, Freeman, Gaither, Goode, Graham, Hanly, Heiskell, Hilton, Johnston, Jones, Kenan of North Carolina, Lyons, Machen, Martin, Menees, Miller, Moore, Pugh, Ralls, Read, Royston, Russell, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Swan, Trippe, Welsh, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Boyce, Clapp, Clark, Clopton, Conrow, Curry, Dargan, Davidson, Dupré, Foster, Gray, Hartridge, Kenan of Georgia, Lewis, Marshall, McLean, McQueen, McRae, Perkins, Singleton, and Villeré.
So the amendment to the amendment was agreed to.
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The bill as amended was engrossed and read a third time.
Mr. Ralls moved that the House reconsider the vote ordering the bill to a third reading.
On motion of Mr. Read, the motion to reconsider was laid upon the table.
Mr. Gray demanded the question; which was on the passage of the bill.
The question was ordered.
Mr. Kenan of Georgia demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Baldwin, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Collier, Currin, De Jarnette, Elliott, Farrow, Foote, Foster, Gaither, Garland, Garnett, Goode, Graham, Hanly, Hartridge, Heiskell, Herbert, Hilton, Hodge, Johnston, Jones, Kenan of North Carolina, Lyons, Martin, Menees, Miller, Munnerlyn, Pugh, Read, Russell, Sexton, Simpson, Smith of North Carolina, Swan, Trippe, Welsh, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Boyce, Clapp, Clark, Clopton, Conrad, Conrow, Crockett, Curry, Davidson, Davis, Dupré, Ewing, Freeman, Gray, Kenan of Georgia, Lewis, Machen, Marshall, McLean, McQueen, McRae, Perkins, Ralls, Royston, Singleton, Strickland, and Villeré.
So the bill was passed.
Mr. Chilton moved that the House reconsider the vote by which the bill was passed.
Mr. Davis moved that the House do now adjourn.
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 passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
They have agreed to the report of the committee of conference on the bill (H. R. 29) to amend an act entitled "An act to secure copyrights to authors and composers."
The question being on the motion to reconsider,
Mr. Chilton demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Batson, Boyce, Bridgers, Chambers, Chilton, Clapp, Clark, Clopton, Conrad, Conrow, Curry, Davidson, Davis, Dupré, Elliott, Ewing, Foster, Freeman, Gray, Harris, Johnston, Kenan of Georgia, Kenan of North Carolina, Lewis, Machen, Marshall, McLean, McQueen, Perkins, Ralls, Royston, Singleton, Strickland, Trippe, and Wright of Georgia.
Nays: Baldwin, Boteler, Horatio W. Bruce, Chambliss, Collier, Currin, Dargan, De Jarnette, Farrow, Foote, Garland, Garnett, Graham, Hanly, Hartridge, Heiskell, Herbert, Hilton, Jones, Lyons, Martin,
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Menees, Miller, Moore, Munnerlyn, Pugh, Read, Russell, Sexton, Simpson, Smith of North Carolina, Swan, Welsh, Wilcox, Wright of Tennessee, and Wright of Texas.
So the motion prevailed.
On motion of Mr. Chilton,
The House took up from the table the motion to reconsider the third reading of the bill, and the motion prevailed.
Mr. Chilton moved to reconsider the vote agreeing to the amendment offered by Mr. Read; which was agreed to.
Mr. Atkins moved to amend the same by adding thereto the following proviso, to wit:
And provided,That in no case shall any horse be paid for under the provisions of this act at a greater value than four hundred dollars.
Mr. Chilton moved to amend the amendment as follows, to wit:a
[Note a: a The amendment is not recorded in the Journal.]
On motion of Mr. Sexton, the main question was ordered.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
The bill as amended was engrossed and read a third time.
Mr. Read demanded the question; which was ordered.
Mr. Gray demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Baldwin, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Collier, Currin, Davidson, De Jarnette, Elliott, Ewing, Farrow, Foote, Foster, Gaither, Garland, Garnett, Goode, Graham, Hanly, Heiskell, Herbert, Hilton, Holt, Johnston, Jones, Kenan of North Carolina, Lyons, Martin, Menees, Miller, Moore, Munnerlyn, Pugh, Ralls, Read, Russell, Sexton, Simpson, Strickland, Swan, Welsh, Wilcox, Wright of Georgia, Wright of Tennessee, and Wright of Texas.
Nays: Boyce, Clark, Clopton, Conrad, Conrow, Curry, Dargan, Dupré, Freeman, Gray, Harris, Kenan of Georgia, Lewis, Marshall, McLean, McQueen, McRae, Perkins, Royston, and Villeré.
So the bill was passed.
Mr. Sexton moved to amend the title of the same by inserting therein, after the word "disabled," the words "or lost;" which was agreed to.
Mr. Chambers moved that the House reconsider the vote postponing and placing upon the Calendar
A bill to authorize the issue of bonds to subscribers to the produce loan in certain cases.
Pending which,
The House took a recess until 8 o'clock p. m., under the rule;
And having again met,
Mr. Kenner demanded the question.
The question was ordered.
Mr. Chambers demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Atkins, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Clapp, Currin, Davis, Foster, Graham, Hanly, Harris,
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Hartridge, Heiskell, Lewis, Menees, Perkins, Ralls, Sexton, Singleton, Smith of Alabama, Welsh, and Wright of Texas.
Nays: Ashe, Baldwin, Batson, Boyce, Chilton, Clark, Clopton, Collier, Conrad, Davidson, Dupré, Elliott, Ewing, Foote, Garland, Hilton, Hodge, Jones, Kenan of North Carolina, Kenner, Machen, Marshall, McLean, McQueen, Miller, Moore, Read, Royston, Smith of North Carolina, Strickland, Villeré, Wilcox, and Mr. Speaker.
So the motion was lost.
Mr. Clapp, from the Committee on Claims, to which was referred the petition of Gary Grice, made a report, to wit:
[Mr. Speaker: The Committee on Claims have had under consideration the petition of Gary Grice, a citizen of Spalding County, State of Georgia, and have instructed me to report:
That the case presented in the petition is one well calculated to excite the sympathy and admiration of the committee and of the country, it appearing that the petitioner, who is over 68 years of age, entered the service as a private in the Spalding Grays at the commencement of the war, and continued to serve faithfully in that capacity until a recent period, performing long and arduous marches and undergoing hardships well calculated to tax the endurance of one in the prime of life. It also appears that the two and only sons of the petitioner have devoted themselves to the service of their country, and that the petitioner is in indigent circumstances, with a family to support.
A stronger appeal to the generosity of Congress could not well be presented, and deserves, as the committee think, a special notice, but the constitutional inhibition against the granting of bounties by Congress being imperative, the committee, on this ground, are compelled to report unfavorably to the prayer of the petitioner for a donation, and ask to be discharged from the further consideration of the petition.
CLAPP.]
which was read, ordered to be printed, and laid upon the table.
Mr. Clopton, from the Committee on Claims, to which was referred
A bill for the relief of Lieut. Thomas T. Kirtland,
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 having been read as follows, to wit:
Whereas it is alleged and claimed by Lieutenant Thomas T. Kirtland, of Company B, Walker's Fortieth Tennessee Regiment, that he did, in the months of February and March, eighteen hundred and sixty-two, muster into the service of the Confederate States for the term of three years, or the war, fifteen recruits, and did pay to each and every of said recruits the sum of fifty dollars each, amounting in the aggregate to the sum of seven hundred and fifty dollars, and did also pay for clothing, which was distributed to said recruits, the sum of six hundred and fifty-four dollars; and
Whereas the said Lieutenant Kirtland, together with the said recruits, were surrendered as prisoners of war to the Federal forces at Island No. 10, in the Mississippi River, on the eighth day of April, eighteen hundred and sixty-two, and was detained and confined as a prisoner until the month of September following; and during his said confinement he was deprived by the soldiers or authorities of the United States of the said receipts for bounty and clothing, and on account of the death of the greater number of said recruits during their said imprisonment and the taking of the oath of allegiance to the Government of the United States by the balance of them, it is now impossible for the said Lieutenant Kirtland to procure new receipts and descriptive rolls, all of which facts appear by the certificate of the officers of said regiment.
The Congress of the Confederate States do enact, That in the absence of receipts and descriptive rolls the proper accounting officers be authorized to adjust and liquidate the claims of Lieutenant Thomas T. Kirtland for the disbursements aforesaid, upon the next best evidence that he may be able to adduce,
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The committee moved to amend the bill as follows, to wit:
Provided, That for the disbursements made by said Lieutenant Thomas T. Kirtland for clothing furnished said recruits he shall not receive a sum exceeding the amount of commutation money at that time allowed by the existing laws; and that he be further required to furnish to the proper officer a satisfactory list so mustered into service by him, and to whom bounty money and clothing was furnished as aforesaid. And provided further, That the commutation in money has not been paid to said recruits.
The amendment was agreed to.
Mr. Machen moved to amend the same by adding thereto the words
Provided, The evidence presented shall satisfy the auditor that the claim is equitable and just;
which was agreed to.
The bill as amended was engrossed.
Mr. Garland moved to amend the preamble by inserting after the word "Whereas" the words "it is alleged and claimed by."
The amendment was agreed to, and the preamble as amended was engrossed.
The bill was read a third time and passed.
Mr. Dupré, from the Committee on Printing, to which was referred two bills, each entitled "An act to amend an act entitled 'An act to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice,' approved August fifth, eighteen hundred and sixty-one," reported the same back, asked to be discharged from their further consideration, and that they lie upon the table; which was agreed to.
Mr. Dupré, from the same committee, reported
A bill to amend an act entitled "An act to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice," approved August 5, 1861;
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:
Mr. Jones moved to amend the first section thereof by striking out the word "ten" and inserting in lieu thereof the word "two;" which was agreed to.
Mr. Machen moved to amend the same section by striking out the words "and one hundred copies to each of the governors of the several States for the use of the States" and inserting in lieu thereof the words
to the governors of the States, ten copies, and as many additional copies as will furnish one copy to each county, district, or parish in all the States of the Confederacy.
The amendment was agreed to.
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Mr. Jones moved to amend the second section by striking out the word "five" and inserting in lieu thereof the word "two;" which was agreed to.
Mr. Baldwin move that the House adjourn.
The motion was lost.
Mr. Conrad moved that the further consideration of the bill be postponed until to-morrow.
The motion was lost.
Mr. Hilton moved to amend the bill by adding thereto, as an additional section, the following, to wit:
Mr. Chilton demanded the previous question.
Pending which,
On motion of Mr. Baldwin,
The House adjourned until 11 o'clock to-morrow.
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