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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 --FOURTH DAY--THURSDAY, December 10, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
Mr. Conrad, by unanimous consent, offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to inform this House what quantity of cotton has been exported from the Confederate States since first January last; also the amount and value of the goods imported into the Confederate States within the same period, specifying as far as practicable the descriptions of the principal articles so imported.
On motion, the House resolved itself into Committee of the Whole, on the President's message and accompanying documents and the report of the Secretary of the Treasury, Mr. Curry in the chair; and having spent some time therein, the committee rose and reported,
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through their Chairman, that they had had under consideration the matter referred to them and had adopted two resolutions, which they submitted to the consideration of the House.
The resolutions were read as follows, viz:
Resolved, That so much of the President's message as relates to the currency, together with the report of the Secretary of the Treasury, be referred to a committee to be composed of one member from each State, with instructions to report as speedily as practicable such measures as in their judgment may be best calculated to improve the currency, with instructions further to report a bill providing for the laying and collecting a tax upon real and personal property according to the value of such property.
Resolved, That so much of the President's message and accompanying documents as relates to the Army be referred to the Committee on Military Affairs; that so much as relates to foreign affairs be referred to the Committee on Foreign Affairs; that so much as relates to the Navy be referred to the Committee on Naval Affairs; so much as relates to the Post-Office, to the Committee on Post-Office and Post-Roads.
Mr. Chambliss moved to amend the first resolution by striking out the words "one member from each State" and inserting in lieu thereof the words "seven members."
The amendment was agreed to.
Mr. Russell moved to amend the resolution by striking out that part containing the instructions to the committee.
Mr. Garnett called the question; which was ordered, and the amendment was lost.
Mr. Boyce moved to amend by adding to the instructions as follows, viz:
and further to report a bill laying such additional taxes as the country can bear and may be deemed expedient.
The amendment was agreed to.
Mr. Garnett moved to amend by striking out the instructions and inserting in lieu thereof the following, viz:
with instructions to report measures for reducing the currency to proper limits and to provide ample means by taxation and otherwise to meet the annual expenses of the Government.
Mr. Foote called the question; which was ordered, and the amendment was lost.
The resolution as amended was adopted.
The second resolution of the committee was also adopted.
The House resumed the consideration of unfinished business; which was the memorial of G. Tochman, praying brigadier's salary and commutation for three years be paid him, etc.
The memorial was referred to the Committee on Foreign Affairs and ordered to be printed.
Mr. Foote introduced the following bills:
A bill to be entitled "An act to prevent trading with the enemy;" which was read first and second times and referred to the Committee on the Judiciary.
A bill to be entitled "An act providing for the alteration of the tenure of certain offices therein specified;"
which was read first and second times and referred to the Committee on the Judiciary.
A bill to be entitled "An act to provide for the repeal of the existing law authorizing substitutes;"
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which was read first and second times and referred to the Committee on Military Affairs.
A bill to be entitled "An act to increase the pay of the soldiers;" which was read first and second times and referred to the Committee on Military Affairs.
Mr. Foote offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Foreign Affairs be instructed to inquire into the expediency of recommending, respectfully but earnestly, to the President the withdrawal from foreign courts of all diplomatic agents heretofore sent to them, whose governments shall not, before the first day of February next, have recognized our national character, and the dismissal of all foreign consuls from the Confederate States who shall not, before said first day of February, have asked and received exequaturs from our own Government.
Mr. Foote also offered the following resolution:
Resolved, That a select committee be instructed to inquire whether any deliberate violations of the constitutional right of the citizens "to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures" have occurred by the action of military officers or otherwise since the last session of this body, or whether persons have been seized outside the lines of our armies without a "warrant issued upon probable cause," and whether persons, upon vague suspicion merely, without the "presentment or indictment of a grand jury" in cases not arising in the land or naval forces or in the militia "in actual service," have been seized; whether any persons have been deprived of "life, liberty, or property without due process of law;" or whether in any case "private property has been taken for public use without just compensation;" and that said committee report the result of their investigations herein at the earliest practicable period, with a view to the adoption of all needful legislation for the full protection of these sacred and inalienable rights.
The question being on the adoption of the resolution,
Mr. Foote demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Baldwin, Bell, Boteler, Boyce, Bridgers, Burnett, Chambliss, Chilton, Clark, Clopton, Collier, Conrad, Curry, Dargan, Davidson, Elliott, Farrow, Foote, Gaither, Garnett, Gartrell, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Holcombe, Jones, Lyons, McDowell, Menees, Miles, Moore, Perkins, Preston, Pugh, Read, Sexton, Simpson, Smith of North Carolina, Staples, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Ayer, Conrow, Freeman, Johnston, Kenan of Georgia, Machen, and McLean.
So the resolution was adopted.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed a joint resolution of the following title:
In which I am directed to invite the concurrence of this House.
The Speaker laid before the House a joint resolution of the Senate to be entitled
On motion of Mr. Menees, the rule was suspended requiring the joint resolution to be referred to a committee, and it having been read as follows, viz:
Resolved by the Congress of the Confederate States of America, That, in lieu of the compensation now allowed by law to the Public Printer, he shall receive, until otherwise
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provided, for all printing ordered by either House of Congress, such compensation as the Committees on Printing of the two Houses may determine to be equitable,
Mr. Conrad moved to amend by inserting after the word "Congress" the words "during the present session."
The amendment was agreed to.
Mr. Menees moved to amend by adding the words "subject to the ratification of the two Houses of Congress."
The amendment was agreed to.
Mr. Preston moved to amend the joint resolution by substituting in lieu thereof the following, viz:
That the Committee on Printing be authorized to issue proposals for the public printing, and award the contract to the lowest bidder who shall execute proper guaranties for the performance of the work.
Mr. Lyons moved to lay the whole subject on the table.
The motion was lost.
The question being on the adoption of the substitute proposed by Mr. Preston,
Mr. Hanly demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Baldwin, Bell, Boteler, Bridgers, Burnett, Chilton, Clark, Clopton, Collier, Conrad, Conrow, Crockett, Currin, Curry, Dargan, Davidson, De Jarnette, Farrow, Freeman, Funsten, Gaither, Gartrell, Hanly, Hartridge, Holcombe, Kenan of Georgia, Lyons, McDowell, McLean, Moore, Perkins, Preston, Pugh, Simpson, Smith of North Carolina, Staples, Vest, and Wright of Texas.
Nays: Boyce, Chambliss, Foote, Garnett, Goode, Graham, Gray, Heiskell, Hilton, Johnston, Jones, Machen, Menees, Miles, Read, Russell, Sexton, Swan, Welsh, and Wilcox.
So the substitute was adopted.
Mr. Swan moved to refer the joint resolution to the Committee on Printing.
The motion was lost.
The joint resolution was read a third time and passed.
Mr. Baldwin asked to be excused from further service on the Committee on Ways and Means.
The House refused to excuse him.
Mr. Foote offered the following resolution:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the existing laws on the subject of impressment as to secure to the owner of the property impressed in all cases the actual value of said property at the time and place of impressment.
The question being on the adoption of the resolution,
Mr. Foote demanded the yeas and nays; which were not ordered, and the resolution was lost.
Mr. Foote offered the following resolution:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of amending the law now existing in regard to prisoners of war of the African race, in order to distinguish those who enlisted in the service of the United States as freemen and those who were slaves according to the laws of the Confederate States at the time of their enlistment, and who, therefore, when they shall fall into our hands by the chances of war, are subject, according to the recognized principles of international law, to be returned at once to their original condition of servitude.
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Mr. Conrad moved to amend by inserting after the word "freemen" the words "in the United States."
The amendment was agreed to, and the resolution as amended was adopted.
Mr. Foote offered a resolution on the currency; which was referred to the Committee on the Currency, without being read, and ordered to be printed.
Mr. Foote offered the following resolution:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to inquire into the expediency of adopting suitable legislation for the purpose of compelling all quartermasters, employees in the Commissary Department, and all other official persons intrusted with the safe-keeping and disbursement of public money, to deliver in, on oath, a memorandum of all the property they possessed, or owned, at the time of coming into office, all that they now own or possess, and all they may have acquired by means altogether distinct from and independent of their official position, to the end that all the overplus which can not be legitimately accounted for may be seized upon by the Government, and constitute a fund for increasing the pay of our gallant soldiery and providing for those disabled in war.
The question being on the adoption of the resolution,
Mr. Foote demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Ayer, Bell, Boteler, Boyce, Bridgers, Burnett, Chambliss, Chilton, Clark, Clopton, Collier, Crockett, Davidson, De Jarnette, Foote, Freeman, Funsten, Gaither, Garnett, Gartrell, Goode, Graham, Gray, Hartridge, Hilton, Holcombe, Johnston, Kenan of Georgia, Lewis, Machen, McDowell, Menees, Miles, Perkins, Preston, Pugh, Russell, Sexton, Simpson, Smith of North Carolina, Staples, Swan, Vest, Welsh, Wilcox, and Wright of Texas.
Nays: Baldwin, Conrad, Conrow, Curry, Hanly, Heiskell, Jones, Lyons, and McLean.
So the resolution was agreed to.
Mr. Conrad moved to reconsider the vote by which the report of the Secretary of the Navy was ordered to be printed.
The motion was agreed to.
Mr. Sexton introduced
A joint resolution of thanks to Captain Odlum, Lieutenant Dowling, and the men under their command;
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Gray offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of providing for the appointment of an assistant secretary of the Treasury and other fiscal officers [for the?] proper performance of the functions of the Treasury Department in the States and Territories west of the Mississippi River. Also, that the Committee on Post-Offices and Post-Roads make similar inquiry in reference to the Post-Office Department.
Mr. Gray introduced
A bill to be entitled "An act allowing rations to officers of the Army below the grade of brigadier-general;"
which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill to be entitled "An act supplementary to an act to raise money for the support of the Government, and to provide for the
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defense of the Confederate States of America," adopted February 28, 1861; which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Wilcox presented the memorial of William Thaxton, praying a discontinuance of the mail route from Fredericksburg, by the way of Llano, Llano County, Tex., to San Saba, and the establishment of a weekly mail route from Burnet to San Saba, via Llano; which was referred to the Committee on Post-Offices and Post-Roads, without being read.
Mr. Sexton presented the memorial of sundry citizens of Trinity County, Tex., praying that the notes of the Confederate States Treasury now being issued be made a legal tender; which was referred to the Committee on the Judiciary, without being read.
Mr. Staples presented the memorial of Henry Miller, of Greenbrier County, Va., asking compensation for property destroyed by Confederate forces at the battle of White Sulphur; which was referred to the Committee on Claims, without being read.
Mr. Staples offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Judiciary inquire whether any and what additional legislation is necessary to prevent illegal and arbitrary impressments of property by the agents of the Government.
Mr. Wilcox presented the memorial of Samuel G. Christian, praying the establishment of sundry mail routes in the State of Texas; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Baldwin presented sundry communications, proposing plan of financial relief, from Hon. A. H. H. Stuart, of Virginia; which was referred to the Special Committee on the Currency.
Mr. Baldwin introduced
A bill to be entitled "An act to provide payment for slaves impressed under State laws and lost in the public service;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Baldwin offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Judiciary inquire into the expediency of repealing so much of the act to establish the judicial courts of the Confederate States of America, approved March sixteenth, eighteen hundred and sixty-one, as authorizes the judge of each district to appoint the times and places of holding the courts in his district.
Mr. Baldwin also offered the following resolution; which was adopted:
Resolved, That the President be respectfully requested to communicate to this House--
Mr. Holcombe offered the following resolution; which was adopted, viz:
Resolved, That the committee to which was referred so much of the President's message as relates to the subject of currency be instructed to inquire into the expediency of recommending to the different banks within the Confederate States a loan of their respective reserves of specie to the Confederate Government.
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Mr. Johnston offered the following resolution; which was agreed to, viz:
Resolved, That the Committee on Claims inquire into the expediency of providing by law for the payment of the claim of Lewis A. Phelps and Jefferson Broadwater for property destroyed by order of General William E. Jones.
Mr. Lyons introduced
A bill to be entitled "An act to prevent the further issue of Treasury notes and to fund those now in circulation;"
which was read a first and second time and referred to the Special Committee on the Currency.
Mr. Russell moved that his resolution on the currency, offered this morning and withdrawn, be referred to the Committee on the Currency and printed.
The motion was agreed to, and it was ordered that all the resolutions, bills, propositions, etc., referred to said committee be printed.
Mr. Preston presented the memorial of Mary Clark, praying compensation for slave impressed by State law and employed in the service of the Confederate States on the fortifications around Richmond, who died from disease contracted therein; which was referred to the Committee on Claims.
Mr. Boteler introduced
A bill to be entitled "An act providing compensation for horses unavoidably lost in the public service;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Read introduced
A bill to be entitled "An act to provide for the payment of horses lost, captured, or killed in the Confederate States service;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Boteler presented the memorial of Allen C. Hammond, of Berkeley County, Va., praying Congress to authorize the repayment of certain funds invested by him in the Confederate "call loan" in 1862; which was referred to the Committee on Claims.
Mr. Goode presented the petition of Thomas E. Harris, of Second Virginia Cavalry, praying compensation for a horse lost in the military service; which was referred to the Committee on Military Affairs.
Mr. Boudinot introduced
A bill to be entitled "An act for filling vacancies of Delegates to Congress in certain Indian nations;"
which was read a first and second time and referred to the Committee on Indian Affairs.
Mr. Hanly moved that one of the Delegates from the Indian nations be requested to attend the sessions of the Committee on Indian Affairs.
The motion was agreed to.
Mr. Dargan introduced
A bill to be entitled "An act to fund the Treasury notes;"
which was read a first and second time, referred to the Committee on the Currency, and ordered to be printed.
Also, a bill to be entitled "An act to increase the force of the Army;" which was read a first and second time and referred to the Committee on Military Affairs.
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Mr. Clark offered the following resolution; which was agreed to, viz:
Resolved, That the claims of deceased soldiers have been unnecessarily delayed in their payment, and that reform on this point is necessary and proper to the satisfaction of the country.
Mr. Gartrell offered the following resolution; which was adopted, viz:
Resolved, That the special committee to which was referred so much of the President's message as relates to the finances inquire into the expediency of repealing all laws imposing a tithe tax upon the produce of the country.
Mr. Gartrell introduced
A bill to be entitled "An act to prohibit the reception of substitutes in the Army;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Gartrell also presented a memorial from Ransom C. Gaines, praying compensation for Confederate States Treasury notes destroyed by fire; which was referred to the Committee on Claims.
Mr. Read offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the propriety of introducing a bill allowing to all commissioned officers in the service rations agreeable to their respective rank.
Mr. Perkins offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Foreign Affairs be instructed to inquire into the expediency of reporting a bill so regulating the running the blockade by vessels going out of our ports as shall insure a return for their cargoes in such articles as are required for the support of the Army and the defense of the country.
Mr. Machen offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency and necessity of supplying, through the Commissary Department, commissioned officers in the military service of the Government with rations, and that said committee report thereon by bill or otherwise.
Mr. Vest introduced
A bill to be entitled "An act to provide for holding elections for Representatives in the Congress of the Confederate States from the State of Missouri;"
which was read a first and second time and referred to the Committee on Elections.
Mr. Bell introduced
A bill to be entitled "An act to provide for the election of Representatives in the Congress of the Confederate States for the State of Missouri;"
which was read a first and second time and referred to the Committee on Elections.
Mr. Ayer presented a memorial of Mrs. M. E. Parker, praying to be refunded the excess of a Confederate war tax improperly assessed; which was referred to the Committee on Claims.
Mr. Smith of North Carolina offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to communicate to this House whether contractors for carrying the mails of the Confederate States, exempt from the performance of military duty in the service of the Confederate States, under the act of April sixteenth, eighteen hundred and sixty-three, have been retained in the Army and held subject to the performance of military duty since the passage of said act; and if so, upon what grounds it has been done.
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Mr. Ayer offered the following resolution; which was adopted, viz:
Resolved, That it be referred to the special committee to whom has been referred the subject of finance, to inquire and report, by bill or otherwise, on the expediency and propriety of abolishing the tax in kind and substituting in lieu thereof a money tax.
Mr. Simpson presented the petition of Robert Y. Jones, praying new issue of certain Treasury bonds in place of others consumed by fire; which was referred to the Committee on Claims.
Mr. Miles presented the memorial of Capt. Zimmerman Davis, Confederate States Army, praying increased compensation for horses killed in battle, or otherwise lost in service; which was referred to the Committee on Claims.
Mr. Farrow presented the claim of W. H. Stribling against the Commissary and Quartermaster's Departments, for rations furnished to men and forage for horses in the Confederate States service; which was referred to the Committee on Claims.
Mr. Farrow also presented the petition of Rev. J. C. White, praying to be refunded a portion of Confederate tax improperly exacted; which was referred to the Committee on Ways and Means.
Mr. Miles offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of conscribing all able-bodied male free negroes in the Confederate States, for the purpose of employing them on Government work and for the discharge of the duties of teamsters, cooks, etc., in the Army.
Mr. Currin offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Public Buildings request the legislature of Virginia to permit this House to cause a temporary hood or room to be erected over the south door of this chamber for the comfort and convenience of the members of this House.
Mr. Swan offered the following resolution; which was adopted, viz:
Resolved, That the President be respectfully requested to communicate to this House the number of substitutes in the armies of the Confederate States and what portion of them is from foreign countries.
On motion of Mr. Dargan,
The House adjourned until 12 o'clock to-morrow.
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