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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 --EIGHTIETH DAY--MONDAY, April 20, 1863.
OPEN SESSION.
The House met pursuant to adjournment.
On motion of Mr. Lyon,
The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
The Chair laid before the House a communication from the President; which is as follows, to wit:
Richmond, Va., April 16, 1863.
To the House of Representatives:
Having approved and signed a bill which originated in your body, entitled "An act to allow minors to hold commissions in the Army," I deem it due to many meritorious officers in the service to make a short explanation.
The bill, in my opinion, is only declaratory of the preexisting law; no prohibition existed prior to its passage against the issue of commissions, either in the Permanent or Provisional Army, to persons under 21 years of age.
Many of the commissioned officers of the Provisional Army have attained high rank by election and promotion before attaining the age of 21 years.
The only objection, therefore, that I could entertain to signing the bill in question was based on the apprehension that the approval of an act allowing commissions to be issued to minors, "from and after the passage of the act," might imply that the commissions heretofore issued to minors are invalid.
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It seemed, however, more proper to sign the act, which in itself was unobjectionable, and to address to you this explanation, which will obviate, it is believed, the only ill consequence that could flow from the passage of the law.
JEFFERSON DAVIS.
which was read, laid upon the table, and ordered to be printed.
The Chair also presented a communication from the President; which is as follows, to wit:
Richmond, Va., April 20, 1863.
To the House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, in response to your resolution of January 24, in reference to the exchange or release of persons who, taken from civil life, have been transported and confined beyond the limits of the Confederacy.
JEFFERSON DAVIS.
which was read, laid upon the table, and ordered to be printed.
Mr. Perkins offered a resolution that 1,000 extra copies of the same be printed for the use of the members; which was referred to the Committee on Printing.
The Chair also presented the following communication from the President:
Richmond, Va., April 18, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, covering an estimate of the amount required for the use of the Surgeon-General before the close of the current fiscal year.
I recommend an appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
which was read and referred to the Committee on Ways and Means.
The Chair also presented a communication from the President; which is as follows, to wit:
Richmond, Va., April 18, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, covering an estimate of the amount required to liquidate claims to be paid for river defense service.
I recommend an appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
which was read and referred to the Committee on Ways and Means.
The Chair also presented a communication from the President; which is as follows:
Richmond, Va., April 20, 1863.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering copies of the official reports of several engagements with the enemy.
JEFFERSON DAVIS.
which was read, laid upon the table, and ordered to be printed.
The Chair also presented a communication from the President; which is as follows, to wit:
Richmond, Va., April 20, 1863.
To the House of Representatives:
I herewith transmit a communication from the Secretary of War, in response to your resolutions of the 1st and 4th instant, calling for copies of the official reports of certain battles.
JEFFERSON DAVIS.
which was read, laid upon the table, and ordered to be printed.
The Chair also presented a communication from the President; which is as follows, to wit:
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Richmond, Va., April 18, 1863.
To the House of Representatives:
I herewith transmit a communication from the Secretary of War, in response to your resolution of the 4th instant, relative to the case of Surg. J. E. Dixon, a prisoner at Johnson's Island.
JEFFERSON DAVIS
which was read, laid upon the table, and ordered to be printed.
A message was received from the President, notifying the House that on the 13th instant he approved and signed a bill entitled "An act to prohibit the punishment of soldiers by whipping," and, on the 16th instant, he approved and signed bills of the following titles, viz:
An act to allow minors to hold commissions in the Army;
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 on the 11th day of October, 1862; and
An act for the relief of certain officers and soldiers from the State of Missouri.
On the 17th instant, he signed and approved a bill entitled "An act to provide for the execution of deeds by marshals in certain cases."
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, with amendments, a bill of this House of the following title, viz:
In which amendments I am directed to ask the concurrence of this House.
They have disagreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S. 27) entitled "An act defining who shall be exempt from military service in the armies of the Confederate States."
They have also passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
On motion of Mr. Currin,
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 Mr. Nash, the Secretary of that body; which is as follows, to wit:
Mr. Speaker: The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House entitled "An act to lay taxes for the common defense and carry on the Government of the Confederate States."
The House then proceeded to the consideration of the report of 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.
On motion of Mr. Lyon, the rule was suspended requiring the report to be considered in Committee of the Whole.
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On motion of Mr. Wright of Texas, the rule was suspended so as to enable Mr. Lyon to continue his remarks without limit.
Mr. Gray moved for a call of the House; which was ordered.
On motion of Mr. Foote, the vote by which a call of the House was ordered was reconsidered.
Mr. Davis demanded the question; which was ordered.
And the question being upon agreeing to the report of the committee of conference,
Mr. Davis demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Boteler, Boyce, Eli M. Bruce, Chambers, Chambliss, Chilton, Clapp, Conrad, Currin, Curry, Dargan, Davis, De Jarnette, Dupré, Elliott, Freeman, Garland, Garnett, Goode, Harris, Hartridge, Hilton, Hodge, Holcombe, Holt, Johnston, Kenan of North Carolina, Lewis, Lyon, Marshall, Martin, McQueen, McRae, Miller, Munnerlyn, Perkins, Preston, Pugh, Read, Royston, Singleton, Trippe, Vest, Villeré, Welsh, and Wright of Tennessee.
Nays: Arrington, Ashe, Atkins, Baldwin, Batson, Bridgers, Horatio W. Bruce, Clark, Clopton, Conrow, Crockett, Davidson, Ewing, Farrow, Foote, Gaither, Graham, Gray, Hanly, Heiskell, Herbert, Jones, Kenan of Georgia, Kenner, Machen, McDowell, McLean, Menees, Ralls, Sexton, Simpson, Smith of Alabama, Smith of North Carolina, Swan, Wilcox, Wright of Georgia, and Wright of Texas.
So the report of the committee of conference was agreed to.
Mr. Garnett moved to reconsider the vote just taken, and to lay the motion to reconsider on the table.
The motion to lay on the table prevailed.
Mr. Hilton moved that the injunction of secrecy be removed from all the proceedings upon the consideration and passage of a bill to lay taxes for the common defense and carry on the Government of the Confederate States.
Mr. Foote moved to amend the motion by adding thereto "and also on a bill to authorize a foreign loan."
The amendment was lost.
And the question being upon agreeing to the motion of Mr. Hilton,
Mr. Gray demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Baldwin, Barksdale, Batson, Boteler, Boyce, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chambers, Chambliss, Chilton, Clapp, Clark, Clopton, Conrow, Crockett, Currin, Curry, Dargan, Davidson, Davis, De Jarnette, Dupré, Ewing, Farrow, Foote, Freeman, Gaither, Garland, Goode, Gray, Hanly, Harris, Hartridge, Herbert, Hilton, Hodge, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Lewis, Machen, Marshall, Martin, McLean, McQueen, McRae, Menees, Moore, Munnerlyn, Perkins, Preston, Pugh, Ralls, Read, Royston, Sexton, Simpson, Singleton, Swan, Trippe, Vest, Welsh, Wilcox, Wright of Georgia, and Wright of Tennessee.
Nays: Ashe, Atkins, Conrad, Garnett, Graham, Heiskell, Johnston, Kenner, Lyon, McDowell, Miller, Smith of North Carolina, Villeré, and Wright of Texas.
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So the motion prevailed.
Mr. Machen moved that the House do resolve itself into open session.
The motion was lost.
Mr. Davidson moved to suspend the rules to enable him to make a report from the Committee on Quartermaster's and Commissary Departments.
The motion prevailed, and
Mr. Davidson, from the Committee on Quartermaster's and Commissary Departments, reported and recommended the passage of a bill to be entitled "An act to aid the several Departments in the investigation of accounts;" which was read first and second times.
And the House having refused to postpone the same and place it on the Calendar,
The bill was taken up, and having been read as follows, to wit:
Mr. Kenan of Georgia moved to amend by striking out, in section 1, the word "Attorney-General" and inserting in lieu thereof the word "President."
The amendment was lost.
Mr. Smith of North Carolina moved to amend the same section by inserting after the word "until" the words "the end of the present Congress, or."
The hour of 3.30 o'clock having arrived,
The House, under order, took a recess until 8 o'clock p. m.;
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And having reassembled, proceeded to the consideration of the amendment offered by Mr. Smith of North Carolina;
When,
Mr. Perkins moved to amend the same by striking out the whole thereof and inserting in lieu the words "sixty days after the meeting of the next Congress, or."
The amendment was agreed to, and the amendment as amended was adopted.
Mr. Jones moved to amend by striking out the words "Attorney-General of the Confederate States" and inserting the words "President, by and with the advice and consent of the Senate."
The amendment was agreed to.
Mr. Chambers moved to amend by striking out all after the enacting clause and inserting as follows, to wit:
That the military courts in the field shall have power to investigate the accounts and proceedings of all disbursing officers of the Government connected with army subsistence, transportation, or pay, and especially the accounts and proceedings of disbursing officers of posts and stations, and it shall be the duty of said courts to make investigation of all such accounts or proceedings when turned over or submitted to them by the heads of Departments in such investigations.
Mr. Atkins moved to recommit the bill and amendments to the Committee on Quartermaster's and Commissary Departments, and called the previous question.
The Chair presented a message from the President; which is as follows, to wit:
Richmond, Va., April 18, 1863.
To the House of Representatives:
I herewith transmit for your information in secret session a communication from the Secretary of State, in further 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 service.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were referred to the Committee on Foreign Affairs.
And the House,
On motion of Mr. Curry,
Went into open session.
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