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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-EIGHTH DAY--FRIDAY, April 17, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Seeley.
The House proceeded to the consideration of the unfinished business of yesterday; which was
A bill to be 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."
The question being on ordering the main question,
Mr. Royston demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Batson, Bell, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clopton, Collier, Conrow, Crockett, Currin, Curry, Dargan, Davidson, De Jarnette, Ewing, Farrow, Foster, Freeman, Gaither, Garland, Gray, Hanly, Hartridge, Heiskell, Kenan of Georgia, Lewis, Machen, McLean, McQueen, McRae, Menees, Miller, Moore, Munnerlyn, Preston, Pugh, Ralls, Read, Royston, Sexton, Simpson, Singleton, Smith of Alabama, Strickland, Swan, Villeré, Wilcox, Wright of Tennessee, and Wright of Texas.
Nays: Baldwin, Dupré, Elliott, Goode, Hilton, Johnston, Jones, Marshall, Martin, Perkins, Smith of North Carolina, and Trippe.
So the main question was ordered.
The amendment was agreed to, and the bill as amended was engrossed, read a third time, and passed.
Mr. Dupré, from the Committee on Printing, reported back and recommended the passage of a bill of the Senate entitled "An act to
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provide for having the laws relating to the military and naval service digested and published."
The question being on postponing and placing the same upon the Calendar,
It was decided in the negative.
On motion of Mr. Dupré, the rule requiring the consideration of the bill in Committee of the Whole was suspended.
The bill having been read as follows, to wit:
Mr. Curry moved to amend the first section as follows, viz: Strike out the last syllable of the word "without;" strike out the word "or" and insert in lieu thereof the word "and."
The amendment was agreed to.
Mr. Chilton moved to amend the same section by striking out the words "from the commencement of the Provisional Congress to the close of the present session;" which was agreed to.
Mr. Baldwin moved to amend the same section by inserting after the words "the laws" the words "and general orders of a permanent character."
The amendment was agreed to.
Mr. Sexton moved to amend the second section by striking out the word "bourgeois" and insert in lieu thereof the words "long primer."
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 Senate have passed, without amendment, a bill of this House of the following title, viz:
They have also passed a bill entitled
In which I am directed to ask the concurrence of this House.
They have also passed, with amendments, a bill and joint resolution of this House of the following titles, viz:
In which amendments I am directed to ask the concurrence of this House.
Mr. Baldwin moved to amend the third section by striking out the words "to the military and naval officers in the service of the Confederate States;" which was agreed to.
The bill as amended was read a third time.
The Constitution requiring that the vote upon the passage of the bill shall be taken by yeas and nays,
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Yeas: Arrington, Atkins, Bell, Boteler, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clapp, Clark, Clopton, Conrow, Crockett, Curry, Dargan, Davidson, De Jarnette, Dupré, Elliott, Ewing, Farrow, Foster, Gaither, Garland, Hanly, Hartridge, Heiskell, Hilton, Hodge, Jones, Kenan of Georgia, Kenan of North Carolina, Lewis, Machen, Martin, McQueen, McRae, Miller, Moore, Munnerlyn, Preston, Pugh, Ralls, Read, Royston, Russell, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Strickland, Swan, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Texas, and Mr. Speaker.
Nays: Gray.
So the bill was passed.
On motion of Mr. Pugh,
The House proceeded to the consideration of the special order of business; which was on agreeing to the report of the committee of conference on the disagreeing votes of the two Houses on a bill defining who shall be exempt from military service in the armies of the Confederate States.
Mr. Pugh demanded the question; which was ordered.
Mr. Pugh demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Barksdale, Batson, Chambliss, Clapp, Clark, Clopton, Currin, Curry, Dargan, Davidson, Ewing, Foster, Freeman, Gray, Hanly, Hartridge, Hilton, Hodge, Kenan of Georgia, Kenner, Lewis, Machen, Marshall, Martin, McRae, Menees, Miller, Munnerlyn, Pugh, Sexton, Singleton, Strickland, Swan, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Arrington, Baldwin, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chilton, Conrow, Crockett, De Jarnette, Dupré, Elliott, Farrow, Foote, Gaither, Garland, Heiskell, Jones, Kenan of North Carolina, McQueen, Moore, Perkins, Preston, Ralls, Read, Royston, Simpson, Smith of Alabama, Smith of North Carolina, and Villeré.
So the report was agreed to.
Mr. Dupré, from the Committee on Printing, to which was referred
A resolution in relation to so amending Act No. 208 of the Provisional Congress as to provide for the printing and distribution or sale of a larger number of copies of the laws,
reported the same back, asked to be discharged from its further consideration, and that the same do lie upon the table; which was agreed to.
Mr. Dupré, from the same committee, to which was referred
A resolution to print 500 extra copies of the bill to define who shall be exempt from military service in the armies of the Confederate States, together with the report of the committee of conference upon the same,
reported the same back, asked to be discharged from its further consideration, and that the same do lie upon the table; which was agreed to.
Mr. Dupré also, from the same committee, to which was referred
A resolution to print 500 extra copies of the report of the Secretary of the Treasury in relation to the currency,
reported the same back, with the recommendation that it pass.
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The question being on postponing and placing the same upon the Calendar,
It was decided in the negative, and the resolution was agreed to.
Mr. Boteler, from the Committee on Flag and Seal, reported
A joint resolution to establish a Confederate seal;
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 joint resolution having been read as follows, to wit:
The Congress of the Confederate States of America do enact, That the seal of the Confederate States shall consist of a device representing an equestrian portrait of Washington (after the statue which surmounts his monument in the Capitol Square at Richmond), surrounded with a wreath composed of the principal agricultural products of the South (cotton, tobacco, sugar cane, corn, wheat, and rice), and having around its margin the words "Seal of the Confederate States of America, twenty-second February, eighteen hundred and sixty-two," with the following motto: "Deo due vincemus,"
Mr. Jones moved to amend the same by striking out the words, "Deo duce vincemus" and inserting in lieu thereof the words "liberty and independence."
Mr. Gray moved to amend the amendment by striking out the whole of the same and inserting in lieu thereof the words "Fide fortis."
On motion of Mr. McRae, the main question was ordered, and the amendment to the amendment was lost.
The question being on agreeing to the amendment,
Mr. Jones demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Baldwin, Barksdale, Batson, Bell, Bridgers, Chambers, Chambliss, Clopton, Conrad, Crockett, Davidson, Farrow, Foote, Foster, Freeman, Gaither, Garland, Hanly, Harris, Hilton, Jones, Kenan of North Carolina, Machen, McLean, McRae, Menees, Moore, Royston, Singleton, Smith of North Carolina, Strickland, Trippe, Wilcox, Wright of Georgia, Wright of Tennessee, and Wright of Texas.
Nays: Atkins, Boteler, Boyce, Chilton, Clapp, Clark, Conrow, Currin, Curry, Dargan, Davis, De Jarnette, Ewing, Garnett, Goode, Graham, Gray, Hartridge, Heiskell, Hodge, Johnston, Kenan of Georgia, Kenner, Lewis, Lyon, Marshall, Martin, McQueen, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Read, Sexton, Simpson, Smith of Alabama, Swan, Vest, Villeré, Welsh, and Mr. Speaker.
So the amendment was lost.
The joint resolution was engrossed, read and third time, and passed.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled
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And the Speaker signed the same.
Mr. Wright of Georgia, from the Committee on the Medical Department, reported
A bill allowing hospital accommodations to sick and wounded officers;
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. Clark moved to amend the bill by striking out the words "at one dollar per day" and inserting in lieu thereof the words "at a per diem cost that shall not exceed the expenses."
The amendment was lost.
The bill was engrossed, read a third time, and passed.
Mr. Wright, from the same committee, reported
A bill regulating the granting of furloughs and discharges in hospitals;
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:
The house surgeon in all hospitals shall see each patient under his charge once every day,
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Mr. Clark moved to amend the same by striking out the whole of the same and inserting in lieu thereof the following, to wit:
Pending the consideration of which,
The House resolved itself into secret session; and having spend some time therein, again resolved itself into open session.
On motion of Mr. Harris,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
A message was received from the Senate, by the hands of the Secretary of that body, 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:
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Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Lyon, from the committee of conference on the disagreeing votes of the two Houses on a bill to lay taxes for the common defense and carry on the Government of the Confederate States, reported as follows, to wit:a
[Note a: a The report is not recorded in the Journal.]
Mr. Sexton moved to suspend the reading of the report of the committee.
The motion was lost.
On motion of Mr. Garnett, the consideration of the report of the committee was postponed for thirty minutes for the purpose of correcting clerical errors therein, and
The House proceeded to the consideration of the special order of business, which was the consideration of joint resolution (S. 2) of the Senate relative to the plan of retaliation proposed in the President's message; which had been reported from the Committee on the Judiciary with an amendment.
And the resolution having been read as follows, to wit:
Joint resolution relative to the plan of retaliation proposed in the President's message.
Resolved by the Congress of the Confederate States of America, That, in the opinion of Congress, the right of retaliation for violations of the usages of civilized warfare is a belligerent right, and as such is confided to, and should be controlled and exercised by, the authorities of the Confederate Government; and therefore the commissioned officers of the public enemy captured in open hostility ought not to be delivered to the authorities of the several States for trial and punishment as criminals on account of any act committed in the conduct of the war by direction or order of the Government of the United States,
Mr. Davis demanded the previous question.
The main question was ordered.
And the question being upon agreeing to the amendment of the committee, which was to strike out all of the original resolutions and to insert in lieu thereof the following, to wit:
Whereas the President in his message to this Congress, at the opening of the present session, called the attention of Congress to a proclamation dated on the first day of January, eighteen hundred and sixty-three, and signed by the President of the United States, in which he orders and declares all slaves within ten States of the Confederacy to be free, except such as are found within certain districts now occupied in part by the armed forces of the enemy, and encourages the slaves to a general assassination of their masters; and
Whereas in the said message the President informs Congress that, so far as regards the action of this Government on such criminals as may attempt the execution of said proclamation, he will, unless Congress shall deem some other course more expedient, deliver to the several State authorities all commissioned officers of the United States that may hereafter, be captured by our forces in any of the States embraced in the said proclamation, that they may be dealt with in accordance with the laws of those States providing for the punishment of criminals engaged in exciting servile insurrection:
Resolved by the Congress of the Confederate States of America, First. That, in the judgment of Congress, the course of proceeding which the President proposes to pursue, as above recited, would probably be ineffectual to restrain the attempts of the enemy to give effect to the said proclamation.
Second. That, in the judgment of Congress, it is advisable that the Confederate Government dispose of all captives taken by its forces and of all questions relating to the same.
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Third. That it is proper and necessary, in order to restrain the lawless and inhuman conduct of the enemy, that effectual retaliation be inflicted upon the enemy for said proclamation and the proclamation of the President of the United States dated September twenty-second, eighteen hundred and sixty-two, and the other acts of the enemy designed to disturb the institution of slavery and excite servile insurrection in the Confederate States,
The same was agreed to.
The resolutions as amended were read a third time, and the question being upon the passage of the same as amended,
Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clapp, Clark, Collier, Conrad, Currin, Dargan, Davis, De Jarnette, Elliott, Ewing, Foote, Foster, Freeman, Gaither, Garland, Goode, Graham, Gray, Harris, Heiskell, Hilton, Hodge, Kenner, Lewis, Machen, Marshall, Martin, McLean, McQueen, McRae, Menees, Miller, Moore, Perkins, Preston, Pugh, Ralls, Read, Royston, Russell, Sexton, Simpson, Singleton, Swan, Trippe, Welsh, Wilcox, Wright of Georgia, and Wright of Texas.
Nays: Ashe, Baldwin, Bell, Chambers, Clopton, Conrow, Curry, Davidson, Dupré, Farrow, Jones, Kenan of North Carolina, Munnerlyn, Smith of North Carolina, Vest, and Villeré.
So the resolutions as amended were passed.
Mr. Conrad moved to reconsider the vote just taken.
The thirty minutes having expired,
The House proceeded to the consideration of the report of Mr. Lyon, from the committee of conference on the disagreeing votes of the two Houses on a bill to lay taxes for the common defense and carry on the Government of the Confederate States.
Mr. Clark moved to suspend the rules, in order to enable him to make a motion to have printed the report of the committee.
The motion was lost.
Mr. Atkins moved that the House go into open session.
The motion did not prevail.
On motion of Mr. Perkins, the rules were suspended, the further consideration of the report of the committee on the tax bill was postponed until Monday next, and the same ordered to be printed.
The hour of half past 3 p. m. having arrived,
The House, according to order, took a recess until 8 o'clock p. m.;
And having again met, proceeded to the consideration of the motion of Mr. Conrad to reconsider the vote on the passage of joint resolutions relative to the plan of retaliation proposed in the President's message.
Mr. Heiskell called the question; which was ordered, and the motion to reconsider was lost.
And the House,
On motion of Mr. Curry,
Resolved itself into open session.
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