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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 --EIGHTY-SEVENTH DAY--TUESDAY, April 28, 1863.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
EIGHTY-SEVENTH DAY--TUESDAY, April 28, 1863.

OPEN SESSION.

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

The House resumed the consideration of the unfinished business of yesterday.

The question being on the passage of the bill reported by Mr. Hilton, from the Committee on Military Affairs, to be entitled "An act to increase the rank and pay of adjutants of regiments and independent battalions."

The vote was taken by yeas and nays;

Which are recorded as follows, viz:
• Yeas ... 32
• Nays ... 25

Yeas: Ashe, Batson, Bell, Boteler, Horatio W. Bruce, Clapp, De Jarnette, Freeman, Garnett, Hanly, Harris, Hartridge, Heiskell, Hilton, Hodge, Holcombe, Holt, Kenner, Lewis, Martin, Miles, Miller, Perkins, Simpson, Staples, Swan, Trippe, Vest, Villeré, Wright of Georgia, Wright of Tennessee, and Wright of Texas.

Nays: Arrington, Chilton, Conrow, Curry, Farrow, Garland, Goode, Gray, Herbert, Jones, Kenan of North Carolina, Marshall, McLean, McQueen, Menees, Preston, Royston, Russell, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Welsh, Wilcox, and Mr. Speaker.

So the bill was passed.

Mr. Trippe moved to reconsider the vote by which the bill was passed.

Mr. Heiskell called the question; which was ordered, and the motion to reconsider prevailed.

Mr. Curry moved to lay the bill on the table.

Mr. Atkins demanded the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 33
• Nays ... 29

Yeas: Arrington, Batson, Chilton, Clopton, Conrow, Curry, De Jarnette, Ewing, Farrow, Garland, Gray, Herbert, Jones, Kenan of North Carolina, Lyon, Lyons, Machen, Marshall, McLean, McQueen, Preston, Royston, Russell, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Vest, Welsh, Wilcox, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

Nays: Atkins, Bell, Boteler, Boyce, Horatio W. Bruce, Clapp, Crockett, Freeman, Graham, Hanly, Harris, Hartridge, Heiskell, Hilton, Holcombe, Holt, Lewis, Martin, McRae, Miles, Miller, Munnerlyn, Perkins, Pugh, Simpson, Swan, Trippe, Villeré, and Wright of Georgia.

So the bill was laid on the table.

A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:

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Mr. Speaker: The Senate have concurred in the amendment of this House to the bill of the Senate entitled

• S. 90. An act relative to certain bonds and Treasury notes issued under the provisions of the act approved May 16, 1861.

The Senate have passed, with amendments, a joint resolution of this House of the following title, viz:

• H. R. 13. Joint resolution to establish a seal for the Confederate States;

In which amendments I am directed to ask the concurrence of this House.

Mr. Harris, from the Committee on Military Affairs, to which had been referred a Senate bill to be entitled "An act to amend an act for the establishment and organization of the Army of the Confederate States," reported the same back, with the recommendation that it pass.

The House having refused to postpone the bill and place it upon the Calendar,

Mr. Atkins moved to lay the bill on the table.

Mr. Miles demanded the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 35
• Nays ... 25

Yeas: Arrington, Atkins, Batson, Boyce, Horatio W. Bruce, Clopton, Curry, Ewing, Farrow, Garland, Goode, Graham, Heiskell, Herbert, Hodge, Holt, Jones, Lyon, Machen, Martin, McLean, McQueen, Pugh, Royston, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Staples, Swan, Vest, Welsh, Wilcox, and Wright of Texas.

Nays: Boteler, Chambers, Chilton, Clapp, Crockett, Freeman, Garnett, Gray, Hanly, Harris, Hartridge, Hilton, Holcombe, Kenner, Lewis, McRae, Miles, Miller, Moore, Munnerlyn, Perkins, Russell, Trippe, Wright of Georgia, and Wright of Tennessee.

So the bill was laid upon the table.

Mr. Russell, by unanimous consent, presented a communication from the Attorney General, recommending an increase in the compensation of the law clerk in his Department.

The communication was referred to the Committee on the Judiciary.

Mr. Wright of Georgia moved that the bill to provide for the public printing be made the special order for to-morrow.

The motion was not agreed to.

Mr. Conrad, from the Committee on Naval Affairs, to which had been referred a Senate bill entitled

• S. 107. An act to provide for the transfer of persons serving in the Army to the Navy,
  reported the same back, with a recommendation that it do pass.

The House having refused to postponed and place the bill on the Calendar, the bill was read a third time and passed.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 104. An act to authorize the Secretary of the Navy to appoint clerks to the commandant and quartermaster of the Marine Corps,
  reported the same back, with a recommendation that it do pass.

The House having refused to postpone and place the bill on the Calendar, it was read a third time and passed.

Mr. Clapp moved to reconsider the vote by which Senate bill to be entitled

• S. 107. An act to provide for the transfer of persons serving in the Army to the Navy
  was passed.

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The motion prevailed.

The bill having been read as follows, viz:

The Congress of the Confederate States of America do enact, That all persons serving in the land forces of the Confederate States, who shall desire to be transferred to the naval service, and whose transfer as seaman or ordinary seaman shall be applied for by the Secretary of the Navy, shall be transferred from the land to the naval service,

Mr. Clapp moved to amend the bill as follows:

Provided, That nothing in this act shall be so construed as to alter or repeal any law now in force limiting the number of seamen.

The amendment was agreed to.

The bill as amended was read a third time and passed.

Mr. Conrad, from the same committee, to which was referred a Senate bill to be entitled

• S. 87. An act to regulate the supplies of clothing to enlisted men of the Navy during the war,
  reported back the same, with a recommendation that it do pass.

The House having refused to postpone and place the bill on the Calendar, it was read a third time and passed.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 96. An act to increase the pay of masters' mates in the Navy, reported back the same, with a recommendation that it do pass.

The House having refused to postpone, it was read a third time and passed.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 91. An act to increase the allowance for mileage to officers of the Navy and agents traveling under orders,
  reported the same back and moved that the committee be discharged from its further consideration and that the same do lie upon the table.

The motion was agreed to.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 50. An act to increase the pay of acting midshipmen in the Navy, reported the same back, with the recommendation that it do pass.

The House having refused to postpone the bill and place it upon the Calendar, it was taken up for consideration, and having been read as follows, viz:

The Congress of the Confederate States of America do enact, That hereafter the pay of acting midshipmen in the Navy of the Confederate States shall be eight hundred dollars per annum when at sea, and seven hundred when on other duty, payable monthly, commencing the first day of January, eighteen hundred and sixty-three,

Mr. Holt moved to amend as follows: Strike out the words "commencing the first day of January, eighteen hundred and sixty-three."

The amendment was agreed to.

The bill as amended was read a third time.

Mr. Smith of North Carolina moved to reconsider the vote by which the bill was ordered to a third reading.

The motion was agreed to.

Mr. Smith of North Carolina offered the following amendment, viz:

Provided, That the increase of pay allowed by this act shall cease at the expiration of the present war.

Mr. Welsh moved to lay the bill and amendment on the table.

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Mr. Hartridge demanded the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 38
• Nays ... 28

Yeas: Arrington, Ashe, Atkins, Batson, Bell, Bridgers, Chilton, Clopton, Conrow, Curry, De Jarnette, Ewing, Farrow, Garland, Garnett, Graham, Gray, Hanly, Holt, Jones, Kenan of North Carolina, Lyon, Machen, Marshall, Martin, McLean, McQueen, Menees, Pugh, Royston, Russell, Simpson, Singleton, Smith of North Carolina, Swan, Welsh, Wilcox, and Wright of Tennessee.

Nays: Boteler, Boyce, Eli M. Bruce, Horatio W. Bruce, Chambers, Clapp, Collier, Conrad, Currin, Hartridge, Heiskell, Hilton, Hodge, Holcombe, Lewis, Miles, Miller, Moore, Munnerlyn, Perkins, Preston, Read, Smith of Alabama, Trippe, Vest, Villeré, Wright of Georgia, and Wright of Texas.

So the bill and amendment were laid on the table.

A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:

Mr. Speaker: The Senate have concurred in the amendments of this House to the bill of the Senate entitled

• S. 81. An act to provide for the payment of certain North Carolina troops from the time of their enlistment.

The Senate have passed, with amendments, a bill of this House of the following title, viz:

• H. R. 61. An act to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned;

In which amendments I am directed to ask the concurrence of this House.

The Senate have concurred in the amendments of this House to the amendments of the Senate to the bill entitled

• H. R. 26. An act for the assessment and collection of taxes.

And they have disagreed to the amendments of this House to the bill of the Senate of the following title, viz:

• S. 116. An act to authorize the Secretary of War to purchase or lease real estate.

Mr. Clopton, from the Committee on Naval Affairs, to which had been referred a Senate bill to be entitled

• S. 108. An act to amend an act entitled "An act to regulate impressments," approved March 26, 1863,
  reported the same back, with a recommendation that it do pass.

The House having refused to postpone and place the bill upon the Calendar, it was read a third time and passed.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 128. An act to authorize the appointment of a chief constructor in the Navy, and to fix the pay,
  reported back the same, with a recommendation that it do pass.

The House having refused to postpone and place the bill upon the Calendar, it was read a third time and passed.

Mr. Conrad, from the same committee, to which had been referred a Senate bill to be entitled

• S. 59. An act to amend an act entitled "An act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals," approved August 29, 1861,
  reported back the same and moved that the committee be discharged from its further consideration and that it do lie upon the table.

The motion was agreed to.

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Mr. H. W. Bruce, from the Committee on Enrolled Bills, reported the following bills as correctly enrolled:

• H. R. 40. A bill to be entitled "An act to prescribe the rates of postage on newspapers, periodicals, books, and transient and other matter, and to repeal in part the second section of the act approved May thirteenth, eighteen hundred and sixty-one, to amend an act to prescribe the rates of postage in the Confederate States of America, and for other purposes, approved February twenty-third, eighteen hundred and sixty-one;"
• H. R. 48. A bill to be entitled "An act allowing hospital accommodations to sick and wounded officers;"
• H. R. 58. A bill to be entitled "An act to admit free of duty all machinery for the manufacture of cotton or wool, or necessary for carrying on any of the mechanic arts;" and
• H. R. 60. A bill to be entitled "An act to declare the meaning and extend the provisions of an act entitled 'An act to increase the pay of certain officers and employees in the executive and legislative departments,' approved October thirteenth, eighteen hundred and sixty-two."

And the Speaker signed the same.

Mr. Conrad, from the Committee on Naval Affairs, to which had been referred a Senate bill to be entitled

• S. 131. An act to increase the pay of third assistant engineers in the Navy,
  reported back the same, with the recommendation that it pass.

The House having refused to postpone the bill and place it upon the Calendar, it was taken up for consideration, and having been read as follows, viz:

The Congress of the Confederate States of America do enact, That the compensation of third assistant engineers in the Navy of the Confederate States shall be eight hundred and fifty dollars per annum, while on duty, and seven hundred and fifty dollars when not on duty, commencing January first, eighteen hundred and sixty-three,

Mr. Machen moved to amend the bill as follows, viz: Strike out the words "commencing January first, eighteen hundred and sixty-three."

The amendment was agreed to.

Mr. Clapp moved to amend as follows, viz:

Provided, This act shall be in force only during the continuance of the pending war.

The amendment was agreed to.

The question being on the passage of the bill,

Mr. Conrad demanded the yeas and nays; which were not ordered.

And the question being taken, the bill was lost.

Mr. Conrad, from the same committee, to which had been referred Senate bill (No. 4) to be entitled "An act to regulate the action of the Secretary of the Navy upon the decisions of naval general courts martial," reported back the same, with the recommendation that the committee be discharged from its further consideration and that it do lie upon the table.

Mr. Royston called the question; which was ordered, and the report of the committee was agreed to.

Mr. Hodge, from the Committee on Naval Affairs, reported

A bill to be entitled "An act to create a provisional navy of the Confederate States;"
which was read a first and second time.

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The House having refused to postpone the bill and place it upon the Calendar, it was read a third time and passed.

Mr. Hodge, from the same committee, to whom was referred a bill of this House (No. 15) to be entitled "An act for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes," which had been amended by the Senate, reported back the same, with the recommendation that the House do not concur in the amendments of the Senate.

The House having refused to postpone the bill and place it upon the Calendar, the amendments of the Senate were taken up for consideration and are as follows, viz:

A bill to be entitled "An act for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes."

• Section 1. The Congress of the Confederate States of America do enact, That from and after the passage of this act the Navy of the Confederate States shall consist of the following commissioned and warrant officers, to wit: Four admirals, three vice-admirals, three rear-admirals, eight commodores, fifteen captains, thirty-one commanders, thirty-one lieutenant-commanders, one hundred first lieutenants, twenty-five second lieutenants, thirty masters in line of promotion, as many ensigns as may be necessary from time to time to absorb the class of passed midshipmen, one hundred and forty-eight midshipmen, twenty paymasters, twenty assistant paymasters, one surgeon in chief and ten fleet surgeons, fifteen surgeons, fifteen passed assistant surgeons, and hereafter as many as may be necessary to absorb the passing assistants, twenty-five assistant surgeons, one engineer in chief, ten chief engineers, twenty-five first assistant engineers, thirty second assistant engineers, thirty third assistant engineers, two constructors, five assistant constructors, thirty gunners, thirty boatswains, thirty carpenters, and ten sailmakers.
• Sec. 2. The vessels of the Confederate States Navy shall be divided into four classes, to be commanded as follows: First rate, having not less than four hundred officers, seamen, and marines, by commodores; second rate, having not less than two hundred and fifty and not more than four hundred officers, seamen, and marines, by captains; third rate, having not less than one hundred and twenty-five and not more than two hundred and fifty officers, seamen, and marines, by commanders; fourth rate, having one hundred and twenty-five or less officers, seamen, and marines, by lieutenant-commanders. Lieutenant-commanders may be assigned as executive officers of naval stations or of vessels commanded by commodores.
• Sec. 3. Two admirals, one vice-admiral, one rear-admiral, four commodores, five captains, ten commanders, ten lieutenant-commanders, and fifteen lieutenants shall be appointed solely for highly distinguished conduct or extraordinary heroism in the line of their profession and in conflict with the enemy. During the war these appointments in all grades above that of lieutenant-commanders shall be made from the grade immediately below the grade to be filled and without reference to the rank of the officer in such grade, and the service for which the appointment shall be conferred shall be specified in the commission. During time of peace vacancies in these grades shall be filled by regular promotion from the next below.
• Sec. 4. The relative and assimilated rank between officers of the Army and Navy shall be as follows:
  • Admirals, ... Generals.
  • Vice-admirals, ... Lieutenant-generals.
  • Rear-admirals, ... Major-generals.
  • Commodores, ... Brigadier-generals.
  • Captains, ... Colonels.
  • Commanders, ... Lieutenant-colonels.
  • Lieutenant-commanders, ... Majors.
  • Lieutenants, ... Captains.
  • Masters and second lieutenants, ... First lieutenants.
  • Ensigns, ... Second lieutenants.
  • Midshipmen, ... Cadets.
• Sec. 5. The annual pay of the several new grades of the officers of the Navy established by this law shall be as follows: Vice and rear admirals, the same as now allowed by law to flag officers; commodores, that now allowed by law to captains; ensigns, the same as now allowed by law to passed midshipmen; assistant constructors, one thousand five hundred dollars per annum. Officers in all other grades and ranks will receive the same pay as now allowed by law.

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• Sec. 6. The relative and assimilated rank of officers who resigned from the United States Navy to take service in the Confederate States Navy will be determined by reference to the date of commission or warrant held by them in the United States Navy. But seniority of commission in all new grades created shall determine rank.
• Sec. 7. All officers at sea or attached to seagoing vessels, or receiving ships, or doing duty in camp ashore, shall be allowed one ration per diem.
• Sec. 8. Midshipmen, after their final examination and graduation, if successful, shall be commissioned ensigns, taking rank according to merit.
• Sec. 9. After forty-five years in the services of the United States and Confederate States combined, and faithful performance, an officer shall be permitted to retire upon leave-of-absence pay, and the President may, in his discretion, retire any officer coming within this description upon one-half the leave-of-absence pay of the grade to which he belongs.
• Sec. 10. For distinguished services in battle the President may cause suitable medals to be prepared and presented to such officers, seamen, and marines as have or may hereafter merit them, to be worn on suitable occasions, as an incentive to others to win the gratitude of the nation.
• Sec. 11. There shall be a sufficient number of midshipmen appointed to make up, with those already appointed, the number of one hundred and forty-eight; and the appointments to be made shall be in the States and Congressional districts which may now have none, upon the recommendation of the member of Congress from such district; and hereafter when vacancies occur, if from a district, they shall be filled upon the recommendation of the member of Congress from that district; if from the State at large (each State, under the law contemplated by this bill, being entitled to two appointments at large), upon nomination of the Senators thereof. Ten appointments shall be from the Confederacy at large, and shall be appointed by the President, in his discretion, and vacancies in them filled, in his discretion.
• Sec. 12. Before any officer shall be promoted to the grade of captain his fitness in all respects for such grade, and his ability to perform all its duties, shall be inquired of by five members of such grade, whose report thereon shall be submitted to the Secretary of the Navy, and he is empowered to convene such board.
• Sec. 13. The two constructors provided for in this act shall be commissioned officers, and the five assistant constructors shall be warrant officers.
• Sec. 14. All laws inconsistent with the provisions of this act shall be, and are hereby, repealed: Provided, That an act entitled "An act authorizing the appointment of additional officers of the Navy," approved December twenty-fourth, eighteen hundred and sixty-one, is not to be affected by anything herein contained, nor any laws now in existence by which acting masters in the Navy are appointed.
• Sec. 15. The service performed in the United States Navy by medical officers who have resigned therefrom, and are now commissioned in the Confederate States Navy, shall be considered as having been performed under their present commissions.
• Sec. 16. This act shall take effect from and after its passage.

The amendments of the Senate from 1 to 15, inclusive, were disagreed to.

Mr. Smith of North Carolina demanded the yeas and nays on the sixteenth amendment of the Senate;

Which were ordered,

And are recorded as follows:
• Yeas ... 23
• Nays ... 40

Yeas: Arrington, Ashe, Batson, Bridgers, Chambers, Chilton, Conrow, Farrow, Freeman, Garland, Goode, Harris, Jones, Kenner, Lyon, Lyons, Marshall, Perkins, Royston, Smith of North Carolina, Trippe, Wright of Tennessee, and Wright of Texas.

Nays: Atkins, Boteler, Boyce, Clapp, Clopton, Conrad, Currin, Curry, De Jarnette, Ewing, Gaither, Garnett, Gray, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Holt, Lander, Lewis, Machen, Martin, McLean, McQueen, McRae, Menees, Miles, Miller, Pugh, Russell, Simpson, Singleton, Smith of Alabama, Swan, Vest, Welsh, Wilcox, Wright of Georgia, and Mr. Speaker.

So the amendment was not concurred in.

The seventeenth amendment was disagreed to.

The eighteenth and nineteenth amendments were concurred in.

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The amendments from 20 to 24, inclusive, were not concurred in.

The twenty-fifth and twenty-sixth amendments were concurred in.

The twenty-seventh amendment was not concurred in.

The twenty-eighth amendment was concurred in.

The Speaker laid before the House a bill of the House to be entitled

• H. R. 61. An act to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned;
  which had been returned from the Senate with sundry amendments.

On motion of Mr. Kenner, the rule requiring the bill and amendments to be referred to a committee and considered in Committee of the Whole was suspended.

The bill was taken up for consideration, and amendments read as follows, viz:

The question being on agreeing to the first amendment of the Senate, which is as follows, viz:

Strike out, on page 2, lines 27, 28, and 29, the words "and for such increase of the pay of the privates in the Army as may be ordered by law, one hundred and sixty millions of dollars," and insert "one hundred and forty-one millions one hundred and eighteen thousand six hundred and eighty-eight dollars,"

Mr. Swan demanded the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 18
• Nays ... 42

Yeas: Boyce, Conrad, Conrow, Ewing, Farrow, Freeman, Harris, Heiskell, Holt, Jones, Kenner, Marshall, McQueen, Miles, Moore, Royston, Simpson, and Wright of Tennessee.

Nays: Arrington, Ashe, Atkins, Batson, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clapp, Clopton, Currin, De Jarnette, Gaither, Garnett, Graham, Gray, Herbert, Hilton, Holcombe, Kenan of North Carolina, Lyons, Martin, McLean, McRae, Miller, Perkins, Pugh, Russell, Sexton, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Trippe, Vest, Villeré, Welsh, Wilcox, Wright of Georgia, Wright of Texas, and Mr. Speaker.

So the amendment was not agreed to.

The House concurred in the other amendments of the Senate; which are as follows, viz:

Add the following additional appropriations:

• (2) "For salaries of officers, printing, stationery, and contingent expenses to be incurred in collecting taxes, four million dollars."
• (3) "Amount required to refund the State of Louisiana the amount overpaid by her on the war-tax act of August nineteenth, eighteen hundred and sixty-one, five thousand eight hundred and twenty-five dollars and sixty-one cents."
• (4) "Advertising and other expenses incident to the funding of Treasury notes, fifty thousand dollars."
• (5) "Amount required to build fireproof vaults, and to fit up the city post-office rooms for the use of the Treasury, five thousand dollars."
• (6) "Amount required for alterations, rent, damages, lights, etc., for a building for a post-office for the city of Richmond, fourteen thousand eight hundred and sixty-six dollars and sixty-six cents."

Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled the following Senate bills:

• S. 62. A bill to be entitled "An act to pay officers, noncommissioned officers, and privates not legally mustered into the service of the Confederate States for services actually performed;"
• S. 74. A bill to be entitled "An act to amend an act entitled 'An

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  act for the establishment and organization of a general staff for the Army of the Confederate States of America,' approved February twenty-sixth, eighteen hundred and sixty-one;" and

• S. 81. A bill to be entitled "An act to provide for the payment of certain North Carolina troops from the time of their enlistment."

And the said bills were signed by the Speaker.

The Speaker laid before the House a bill of the House to be entitled

• H. R. 30. An act to punish forgery and counterfeiting;
  which had been returned from the Senate with sundry amendments.

The rule requiring the bill and amendments to be referred to a committee and considered in Committee of the Whole having been suspended, the same were taken up for consideration, and the amendments having been read as follows, viz:

• (1) Strike out, in section 3, line 3, the words "of, or" and insert "bonds, coupon or other."
• (2) Strike out, in section 6, line 2, the word "or," where it last occurs, and insert "bond, coupon or other."
• (3) Strike out, in section 11, line 1, the word "and" and insert "bond, coupon and other,"
  were agreed to.

The Speaker also laid before the House a bill to be entitled

• H. R. 34. An act concerning fees of district attorneys;
  which had been returned from the Senate with an amendment.

Under a suspension of the rules the bill and amendment were taken up for consideration, and the amendment having been read as follows, viz:

Provided, Each district attorney shall make returns of the fees received by him and shall pay the excess over five thousand dollars into the Treasury,

The same was agreed to.

The Speaker also laid before the House a Senate bill to be entitled

• S. 116. An act to authorize the Secretary of War to purchase or lease real estate;
  which had been amended by the House and returned from the Senate, that body having refused to concur in the amendments of the House.

Mr. Garnett moved that the House insist on its amendments.

Mr. Holt moved to adjourn.

Mr. Atkins demanded the yeas and nays;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 21
• Nays ... 32

Yeas; Arrington, Ashe, Bridgers, Ewing, Farrow, Gaither, Graham, Herbert, Hilton, Holcombe, Holt, Kenner, Lewis, Lyons, Miles, Miller, Moore, Russell, Simpson, Villeré, and Mr. Speaker.

Nays: Atkins, Batson, Boteler, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Clapp, Clopton, Conrad, Currin, Curry, Garland, Garnett, Gray, Heiskell, Jones, Kenan of North Carolina, Martin, McLean, McQueen, McRae, Menees, Perkins, Royston, Singleton, Smith of North Carolina, Swan, Trippe, Welsh, Wilcox, and Wright of Texas.

So the House refused to adjourn.

Mr. Hilton called the question on Mr. Garnett's motion; which was ordered.

The motion of Mr. Garnett was then agreed to.

So the House insisted on its amendment.

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The Speaker laid before the House a Senate bill to be entitled

• S. 19. An act to amend an act to organize the clerical force of the Treasury Department;
  which had been amended by the House, the Senate having refused to concur in the House amendment.

Mr. Chilton moved that the House recede.

Mr. Jones moved that the House insist on its amendment; which was agreed to.

The Speaker laid before the House a Senate bill to be entitled

• S. 134. An act to amend an act entitled "An act to amend an act entitled 'An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods,' approved May sixth, eighteen hundred and sixty-one," approved May 21, 1861, and numbered 170 of the acts of the second session of the Provisional Congress of 1861; which was read first and second times.

Mr. McRae moved to suspend the rules requiring said bill to be referred to a committee.

Mr. Jones moved a call of the House, and demanded the yeas and nays on said motion;

Which were ordered,

And are recorded as follows, viz:
• Yeas ... 18
• Nays ... 38

Yeas: Ashe, Baldwin, Batson, Chambers, Chilton, Garland, Hanly, Harris, Holt, Jones, Kenan of North Carolina, McQueen, Menees, Miles, Perkins, Pugh, Villeré, and Mr. Speaker.

Nays: Atkins, Bell, Boteler, Bridgers, Eli M. Bruce, Horatio W. Bruce, Clapp, Clopton, Collier, Currin, Curry, Freeman, Graham, Heiskell, Hilton, Holcombe, Kenner, Lewis, Machen, Marshall, Martin, McLean, McRae, Moore, Munnerlyn, Read, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Swan, Trippe, Welsh, Wilcox, Wright of Georgia, Wright of Tennessee, and Wright of Texas.

So the motion was lost.

The Speaker signed

A bill to be entitled "An act relative to certain bonds and Treasury notes issued under the provisions of the act approved May sixteenth, eighteen hundred and sixty-one."

The question recurring on the motion of Mr. McRae to suspend the rules,

It was agreed to.

The bill was ordered to a third reading.

Mr. Smith moved to reconsider the vote by which the bill was ordered to a third reading.

The motion was lost.

The bill was then read a third time and passed.

The Speaker laid before the House a joint resolution of the House to establish a seal for the Confederate States; which had been amended by the Senate as follows, viz:

• (1) Strike out the word "South" and insert "Confederacy."
• (2) Strike out the words "seal of," in line 9.
• (3) Strike out, in line 11, the words "duce vincemus" and insert "vindice."

The question being on suspending the rules requiring the joint resolution as amended by the Senate to be referred to a committee,

Mr. Jones demanded the yeas and nays; which were not ordered.

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The rules were suspended.

The first and second amendments of the Senate were then agreed to.

Mr. Boyce moved to amend the third amendment of the Senate by striking out the words "Deo vindice" and inserting the words "Glory to God in the Highest, on earth peace, and good will toward men."

Mr. Boteler moved to amend the amendment of Mr. Boyce by striking out the words "Deo vindice" and inserting "Deo favente, animo fervente;" which was disagreed to.

Mr. Jones moved to amend the amendment of Mr. Boyce by substituting the words "Liberty and Independence."

Mr. Chilton demanded the previous question; which was not ordered.

Mr. Heiskell called the question; which was ordered.

Mr. Jones demanded the yeas and nays; which were not ordered.

Mr. Atkins moved to adjourn.

The motion was disagreed to.

The amendment of Mr. Jones was then disagreed to.

Mr. Garnett moved to amend the amendment of Mr. Boyce by substituting the words "Deo vindice fide fortes."

Mr. Heiskell called the question; which was ordered.

Mr. Freeman moved to adjourn; which was disagreed to.

Mr. Singleton moved that there be a call of the House; which was ordered.

The roll was called, and the following gentlemen answered to their names:

Ashe, Atkins, Baldwin, Batson, Bell, Boteler, Boyce, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Clapp, Clopton, Collier, Conrad, Conrow, Currin, Curry, Farrow, Freeman, Garland, Garnett, Graham, Gray, Harris, Heiskell, Herbert, Hilton, Holcombe, Holt, Jones, Kenan of North Carolina, Kenner, Lewis, Machen, Marshall, Martin, McQueen, McRae, Menees, Miles, Miller, Moore, Munnerlyn, Pugh, Sexton, Simpson, Singleton, Smith of North Carolina, Swan, Trippe, Villeré, Welsh, Wilcox, Wright of Tennessee, Wright of Texas, and Mr. Speaker.

Mr. Curry moved that all further proceedings under the call of the House be dispensed with; which was agreed to.

Mr. Harris moved that the House adjourn; which was not agreed to.

The question recurring on the amendment of Mr. Garnett, it was decided in the affirmative.

Mr. Heiskell moved to lay the amendment of Mr. Garnett on the table; which was agreed to.

The question recurring on agreeing to the Senate amendment,

Mr. Boteler called the question; which was ordered.

The amendment of the Senate was concurred in.

Mr. Chambers, from the Committee on Military Affairs, to which had been referred

A bill to be entitled "An act to authorize a detail of men for service in the Engineer Department,"
reported back the same without amendment, with a recommendation that it pass.

On motion of Mr. Harris,

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

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