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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 --SIXTY-FIRST DAY--FRIDAY, January 20, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Patterson.
Mr. Baldwin moved that the rules be suspended to enable the Delegate from the Creeks and Seminoles to introduce several bills; which motion prevailed.
Mr. Callahan introduced
A bill "to provide for paying, in cotton, the annuities due the Creek Nation of Indians;"
which was read a first and second time and referred to the Committee on Indian Affairs.
Also, a bill "to provide for paying, in cotton, the annuities of the Seminole Nation of Indians;" which was read a first and second time and referred to the Committee on Indian Affairs.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Gaither presented the memorial of A. B. Cox and other citizens of Ashe County, N. C., asking better mail facilities; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Logan submitted the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means be requested to inquire into the propriety of allowing the agents of tax in kind rations in addition to their pay now allowed by law.
Mr. Logan presented the memorial of E. B. Jennings, agent of the tax in kind, asking to be allowed rations; which was referred to the Committee on Ways and Means.
Mr. Logan offered the following resolution:
Resolved, That the rules of this House be printed and a copy of the same be put upon the table of each member.
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Mr. Logan demanded the yeas and nays thereon; which were not ordered, and the resolution was rejected.
Mr. J. M. Leach offered the following resolution:
Resolved, That the privilege of the writ of habeas corpus is one of the great bulwarks of freedom, and that it ought not to be suspended except in extreme cases where the public safety imperatively demands it; that the people of the Confederacy are united in a great struggle for liberty, and that no exigency exists justifying its suspension.
Mr. J. M. Leach called the question, and demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Baldwin, Bell, Boyce, Branch, Clopton, Colyar, Cruikshank, Darden, Foster, Fuller, Garland, Gilmer, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, Miles, Murray, Ramsay, J. M. Smith, W. E. Smith, Turner, and Wickham.
Nays: Akin, Barksdale, Batson, Baylor, Blandford, Bradley, Horatio W. Bruce, Burnett, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dupré, Ewing, Farrow, Gaither, Gholson, Goode, Gray, Hanly, Hatcher, Herbert, Hilton, Johnston, Keeble, Lyon, Machen, Moore, Norton, Perkins, Read, Russell, Sexton, Shewmake, Simpson, Snead, Staples, Triplett, Villeré, Wilkes, and Mr. Speaker.
So the demand for the question was not sustained.
Mr. Russell moved that the resolution be referred to the Committee on the Judiciary, and called the question; which was ordered, and the motion prevailed.
Mr. Boyce offered the following resolution; which was adopted:
Resolved, That it be referred to the Committee on Naval Affairs to inquire as to the expediency of authorizing the Navy to receive part of the tax in kind.
Also, the following resolution; which was adopted:
Resolved, That it be referred to the Committee on Naval Affairs to inquire into the expediency of giving an increased bounty to disabled men of the Marine Corps.
Also, the following resolution:
Resolved, That during the remainder of the present session no member shall speak upon any question longer than thirty minutes.
Mr. Boyce moved that the rules be suspended to allow the resolution to be now considered; which motion prevailed.
Mr. Foster moved to amend the resolution by striking out the word "thirty" and inserting in lieu thereof the word "twenty."
Mr. Russell moved to amend the amendment of Mr. Foster by striking out the words "twenty minutes" and inserting in lieu thereof the words "one hour;" which was not agreed to.
Mr. Akin moved to amend the amendment of Mr. Foster by adding at the end thereof the words "without the consent of two-thirds of the members present;" which was not agreed to.
Mr. Wickham moved to amend the amendment of Mr. Foster by striking out "twenty" and inserting in lieu thereof the word "forty-five;" which was not agreed to.
The question recurring on the amendment of Mr. Foster,
It was decided in the negative;
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Mr. Garland called the question; which was ordered.
The question recurring on the resolution of Mr. Boyce,
Mr. H. W. Bruce demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Batson, Blandford, Boyce, Carroll, Chilton, Chrisman, Clopton, Cluskey, Conrow, Cruikshank, Ewing, Farrow, Foster, Gaither, Garland, Gholson, Goode, Hatcher, Herbert, Hilton, Keeble, Lamkin, J. T. Leach, Lester, Lyon, Machen, Miles, Miller, Moore, Murray, Norton, Orr, Pugh, Rives, Shewmake, W. E. Smith, Snead, Staples, Triplett, Villeré, and Wilkes.
Nays: Baldwin, Baylor, Bell, Bradley, Branch, Horatio W. Bruce, Chambers, Clark, Colyar, Darden, De Jarnette, Dupré, Gilmer, Gray, Hanly, Johnston, J. M. Leach, Logan, Marshall, McMullin, Perkins, Read, Russell, Sexton, Simpson, J. M. Smith, Turner, and Wickham.
So the resolution was rejected.
Mr. Herbert introduced
A bill "requiring suit to be brought against persons connected with the Cotton Bureau and Cotton Office in Texas;"
which was read a first and second time and referred to the Committee on the Judiciary.
Under a suspension of the rules, Mr. Herbert, from the Committee on Claims, reported
A bill "providing for the auditing and payment of properly authenticated claims;"
which was read a first and second time and, on his motion, was laid upon the table and ordered to be printed.
Mr. Herbert, from the same committee, also reported
A bill "providing for the auditing and payment of properly authenticated claims against the Cotton Bureau in the Trans-Mississippi Department;"
which was read a first and second time and, on his motion, was laid upon the table and ordered to be printed.
Mr. Akin, from the same committee, reported
A bill "to provide for auditing and paying for horses and equipments taken from dismounted cavalrymen for the use of the Government;"
which was read a first and second time.
Mr. Murray moved that the rules be suspended to allow the bill to be now considered; which motion did not prevail.
On motion of Mr. Akin, the bill was postponed and placed upon the Calendar.
Mr. Staples presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.
Mr. Staples offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Ways and Means be instructed to report a bill requiring the Secretary of the Treasury to receive the four per cent certificates or bonos in payment of all taxes due and payable in the year eighteen hundred and sixty-four, although the said certificates or bonds may not have been tendered in discharge of said taxes prior to the first January, eighteen hundred and sixty-five.
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Mr. Miles presented two communications, inclosing designs for Confederate flag; which were referred to the Committee on Flag and Seal.
Mr. Gholson offered the following resolution; which was adopted, viz:
Resolved, That the papers in the claim of William M. Bowles and Richard Bowles, which were presented to the Congress at the last session, be withdrawn from the files of the House and referred to the Committee on the Judiciary.
Mr. Gholson presented the petition of F. C. Chalkley, asking payment for property destroyed by Confederate forces at Drewry's Bluff; which was referred to the Committee on Claims.
Mr. Wickham presented the petition of William Ritter, asking increased rent of building used as naval hospital; which was referred to the Committee on Claims.
Mr. Wickham offered the following resolution; which was adopted:
Resolved, That the Committee on Claims inquire into the expediency of increasing the rent of certain property of Charles E. Whitlock and others in the city of Richmond, now in the occupancy of the Naval Department.
Mr. Cruikshank offered the following resolution; which was adopted:
Resolved, That the Clerk be directed to cause the Journal of this House, commencing with the first day of this session, to be printed from time to time for the use of the members.
Mr. Funsten presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.
Mr. Funsten offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the expediency of reporting a bill to increase the rank and pay of judge-advocates in the military courts of the Confederate States Army.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the expediency of providing by law that registered bonds of the Confederate States Government may be converted into coupons at the will of the holder.
Mr. Goode presented the memorial of W. L. Bell, praying compensation for a milling establishment destroyed by Confederate forces; which was referred to the Committee on Claims.
Also, the memorial of detailed agriculturists of General Terry's brigade, Gordon's division, stating alleged grievances; which was referred to the Committee on Military Affairs.
Mr. Miller submitted the following resolution; which was adopted:
Resolved, That it be referred to the Committee on Ways and Means to inquire into the expediency of increasing the pay of free negroes impressed into the service of the Confederate States.
Mr. De Jarnette presented the memorial of Andrew J. Pitts, asking to be relieved from military service by reason of his being an overseer; which was referred to the Committee on Claims.
Mr. Funsten presented the memorial of clerks in the Executive Department, praying increase of compensation; which was referred to the Committee on Ways and Means.
Mr. Bocock presented the memorial of John G. Smith, praying that an act be passed by Congress authorizing the renewal of certain coupon bonds stolen from him by the public enemy; which was referred to the Committee on Ways and Means.
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Also, the petition of certain commissioned officers, Confederate States Army, contractors, etc., praying that Congress will pass an act to exempt permanently all skilled artisans, mechanics, and machinists whilst engaged on Government work; which was referred to the Committee on Military Affairs.
Mr. Orr presented the petition of certain citizens of Lafayette County, Miss., to exempt from taxation certain districts which have been devastated by the public enemy; which was referred to the Special Committee for the Relief of Taxpayers.
Mr. Baldwin presented the petition of John F. Greenlee, asking the return of money paid for exemption of his manager; which was referred to the Committee on Claims.
Mr. Clopton offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law for the payment to the wives of officers and soldiers who are prisoners of war of the amount now due and may hereafter become due to such officers and soldiers whilst in captivity.
Mr. Chilton offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the expediency of so amending the law as to prevent loss to our prisoners of war held by the enemy, by reason of their having Confederate Treasury notes, which they had no opportunity or power of funding, and that they report by bill or otherwise.
Mr. Garland introduced
A bill "to provide for the discharge from the armies of the Confederate States soldiers of certain ages;" which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Hilton presented a communication from E. M. L'Eugh in reference to certain suits he has brought for his relief against the Confederate States Treasurer, who, he alleges, has charged his account with forged checks; which was referred to the Committee on the Judiciary.
Mr. Hilton offered the following resolution; which was adopted, viz:
Resolved, That the Committee on the Judiciary be instructed to inquire into the propriety of authorizing the district courts of the Confederate States to issue writs of mandamus, and report by bill or otherwise.
Mr. Hilton offered the following; which lies over two days under the rule:
Resolved, That until otherwise ordered, no member shall speak more than once nor more than forty minutes on any question, unless by the consent of two-thirds of the members present, to be shown by a division of the House.
Mr. Bell introduced
A bill "to suspend the collection of taxes for the year eighteen hundred and sixty-five in certain counties in Georgia;"
which was read a first and second time and referred to the Special Committee for the Relief of Taxpayers.
Also, a bill "to repeal the impressment laws of the Confederate States;" which was read a first and second time and referred to the Special Committee on Impressments.
Mr. Bell presented an anonymous letter purporting to be from a soldier in the army of General Lee; which was referred to the Committee on Military Affairs.
On motion of Mr. Boyce, leave of absence was granted his colleague, Mr. Ayer.
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A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed, without amendment, a bill of this House (H. R. 308) to provide more effectually for carrying out certain stipulations in the treaty made with the Cherokee Nation of Indians.
They have passed a resolution of this House providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States, with an amendment; in which I am directed to ask the concurrence of this House.
Mr. Shewmake presented the petition of certain mechanics, artisans, and machinists of Augusta, Ga., for exemption from military service; which was referred to the Committee on Military Affairs.
Mr. Echols offered the following resolution; which was adopted:
Resolved, That it be referred to the Judiciary Committee to inquire and report whether any duty is now, by existing law, properly collectible on cotton and wool hand cards, and that they report their opinion to this House.
Mr. W. E. Smith presented the memorial of the inferior court of Miller County, Ga., asking that the tithes of that county in certain cases be commuted by payment in money; which was referred to the Committee on Ways and Means.
Mr. Burnett offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to report what additional legislation is necessary to prevent arbitrary and malicious arrests by generals in the Army.
Second. To report a bill fixing an adequate punishment for failing to prefer charges within a reasonable time after arrest.
Mr. Perkins presented a communication from the Quartermaster-General, inclosing a letter calling attention to defects in present law for examination of informal claims; which was referred to the Special Committee on Impressments.
Mr. Perkins offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to communicate to this House, if not incompatible with the public interest, all the correspondence between himself and General Joseph E. Johnston touching the command and movements of the Army of Tennessee, and all the correspondence between himself and Generals Beauregard and Hood touching the command and movements of the same army since the removal of General Johnston from the command of it and up to the retreat of it to the south side of the Tennessee River.
Also, the following resolution; which was adopted, viz:
Resolved, That the Secretary of the Treasury be requested to inform this House how much coin of the New Orleans banks came into the possession of the Confederate authorities after the fall of that city, and is now held by them, specifying the amounts belonging to the different banks, and whether said coin is held by any agreement between the Government and the agents of said banks, and if not, by what authority. That the Secretary be further requested to inform this House if cotton or other property, besides coin, of said banks has been taken possession of by the Government, and if so, under what authority, and by what arrangement it is held. That the Secretary be requested to furnish this House with copies of such correspondence as may have occurred between the Treasury Department and the agents of the banks on the subject.
Mr. Dupré introduced
A bill "to allow interest on certificates of stock and coupon bonds after maturity in certain cases;"
which was read a first and second time and referred to the Special Committee for the Relief of Taxpayers.
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By consent, Mr. Lyon, from the Committee on Ways and Means, to whom had been referred a bill "to suspend the collection of taxes in certain cases," and a bill "to construe the fourth paragraph of section fifth of the act 'to levy additional taxes for the common defense and support of the Government,' approved seventeenth February, eighteen hundred and sixty-four," reported them back with the recommendation that the committee be discharged from their further consideration, and that they be referred to the Special Committee for the Relief of Taxpayers; which was agreed to.
The morning hour having expired,
The House resumed the consideration of the special order, viz:
The bill "to diminish the number of exemptions and details."
Mr. Simpson, by consent, withdrew his amendment.
Mr. Russell rose to a point of order, viz:
That the amendment of Mr. J. M. Smith was not germane to the bill and not, therefore, in order.
The Chair sustained the point of order.
Mr. J. M. Smith moved to refer the bill and amendments to the Special Committee on Conscription; which motion did not prevail.
Mr. Goode submitted the following amendment:
Insert after word "except," in second section, the words "persons lawfully reported by a board of surgeons as unable to perform active service in the field;"
which was agreed to.
Mr. Wickham submitted the following amendment:
Insert at end of section 2 the following: "But nothing herein contained shall be construed to prohibit the Secretary of War, under direction of the President, from granting exemptions or details on account of justice, equity, and private necessity, nor shall such exemptions or details heretofore granted be revoked by reason of anything herein contained."
Mr. Foster called the question; which was ordered.
Mr. Wickham demanded the yeas and nays thereon;
Which were ordered,
Yeas: Boyce, De Jarnette, Fuller, Gilmer, Hatcher, Hilton, Holder, Lamkin, J. M. Leach, Lester, Logan, Lyon, McMullin, Ramsay, Read, J. M. Smith, Snead, Wickham, and Witherspoon.
Nays: Akin, Anderson, Baldwin, Batson, Baylor, Bell, Blandford, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Chrisman, Clopton, Colyar, Cruikshank, Darden, Elliott, Ewing, Farrow, Foster, Gaither, Garland, Gholson, Goode, Gray, Hanly, Herbert, Keeble, J. T. Leach, Machen, Marshall, Menees, Miles, Miller, Moore, Murray, Norton, Orr, Pugh, Russell, Sexton, Shewmake, Simpson, W. E. Smith, Staples, Triplett, Turner, and Wilkes.
So the amendment was rejected.
Mr. Dupré moved to reconsider the vote just taken.
Mr. Snead called the question; which was ordered, and the motion to reconsider was lost.
Mr. J. M. Leach submitted the following amendment:
Add at the end of section 2 the following, viz: "There shall also be exempted in each county, or district answering to a county, according to the census or eighteen hundred and sixty, the following artisans, who shall be persons of skill
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and experience in their several callings, whether such persons be in the Army or not, to wit; One blacksmith for every two thousand inhabitants: one miller for every two thousand inhabitants; one tanner for every four thousand inhabitants; one shoemaker for every four thousand inhabitants; the said artisans to be designated by the governors of the several states, respectively, upon the recommendation of the county court of ordinary or probate court, who may hear testimony in regard to the qualifications and proper distribution of such artisans. and make recommendations accordingly, and such artisans, if in the service, shall be discharged therefrom."
Mr. Cluskey called the question; which was ordered.
Mr. J. M. Leach demanded the yeas and nays thereon;
Which were ordered,
Yeas: Barksdale, Bell, Clopton, Cluskey, Cruikshank, Echols, Farrow, Fuller, Gaither, Garland, Gilmer, Hatcher, Herbert, Holder, J. M. Leach, J. T. Leach, Lester, Logan, McMullin, Ramsay, J. M. Smith, Snead, Staples, Triplett, and Wickham.
Nays: Anderson, Baldwin, Blandford, Boyce, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Chrisman, Clark, Conrow, De Jarnette, Dupré, Elliott, Ewing, Foster, Funsten, Gholson, Goode, Gray, Hanly, Hilton, Holliday, Johnston, Lamkin, Lyon, Machen, Marshall, Menees, Miller, Norton, Orr, Pugh, Read, Russell, Shewmake, Simpson, W. E. Smith, Villeré, and Wilkes.
So the amendment was rejected.
Mr. Ramsay submitted the following amendment, to come in at the end of section 2:
That all blacksmiths, tanners, millwrights, public millers, hatters, and shoemakers, skilled in their several avocations, who can produce satisfactory evidence to the Secretary of War that they were regularly engaged in the performance of their duties of the same on the seventeenth day of February, eighteen hundred and sixty-four, shall forthwith be discharged from military duty: Provided, That no more than one blacksmith, tanner, hatter, or shoemaker shall be so discharged for every eight miles of territory, except in large towns and cities.
Mr. Russell called the question; which was ordered.
Mr. Ramsay demanded the yeas and nays thereon;
Which were ordered,
Yeas: Bell, Cruikshank, Fuller, Gaither, Garland, Gilmer, Hilton, J. M. Leach, J. T. Leach, Logan, McMullin, Ramsay, Turner, and Wickham.
Nays: Anderson, Baldwin, Barksdale, Blandford, Boyce, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chilton, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Elliott, Ewing, Farrow, Foster, Gholson, Goode, Gray, Hanly, Hatcher, Holder, Holliday, Johnston, Keeble, Lester, Lyon, Machen, Marshall, Menees, Miles, Miller, Orr, Read, Russell, Sexton, Shewmake, Simpson, J. M. Smith, W. E. Smith, Snead, Triplett, Villeré, and Wilkes.
So the amendment of Mr. Ramsay was rejected.
Mr. Cluskey moved the previous question.
The motion was lost.
Mr. Orr submitted the following amendment:
Add at end of section 2 the following: "The bonds heretofore given by exempted and detailed men shall bind them to comply with the same only to an
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extent bearing the same proportion to the whole amount which would be due thereon in one year if this act had not passed as the time they shall have been exempted or detailed bears to a year;"
which was agreed to.
Mr. Logan submitted the following amendment:
Add to the second section, at the end of the preceding amendment, the following, viz: "In each and every territory of eight miles square, in which there are now a regular tanner, blacksmith, shoemaker, or miller, regularly employed, they shall be exempt from military duty;"
which was not agreed to.
Mr. Anderson submitted the following amendment, to come in as a separate section after section 2:
Persons over thirty-five years of age who are exempted or detailed by virtue of the said act, approved February seventeenth, eighteen hundred and sixty-four, as agriculturists or owners of plantations or farms, and who are now engaged in the business for which they were exempted or detailed, shall be exempt front conscription so long as they shall devote themselves to the production of articles of subsistence, unless hereafter otherwise directed by Congress: Provided, That in each case of exemption so granted the person so exempted, or his employer, shall give bond in such form and with such security and in such penalty as the Secretary of War may prescribe, conditioned that he will deliver to the Government at such place as the said Secretary may designate, annually, during the continuance of said exemption, one hundred pounds of bacon, or at the election of the Government, its equivalent in pork, and one hundred pounds net beef (said beef to be delivered on foot) for each able-bodied slave on the farm or plantation, between the ages of sixteen and fifty years, whether said slave be worked in the field or not, which said bacon or pork, and beef, shall be paid for by the Government at prices to be fixed by the State commissioners appointed under the impressment act, or commissioners appointed in the manner specified by that act.
Pending which,
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
On motion of Mr. Miles, the pending business was postponed, and the bill (S. 165) "to amend the act entitled 'An act to organize forces to serve during the war,' approved February seventeenth, eighteen hundred and sixty-four," was taken up for consideration.
The bill was read a first and second time.
On motion of Mr. Miles, the rule was suspended requiring the bill to be referred to a committee.
The bill was read a third time, and the question recurring and being put,
Shall the bill pass?
Mr. Blandford demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Baldwin, Barksdale, Baylor, Boyce, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Chrisman, Clark, Cluskey, Context, Darden, De Jarnette, Dupré, Elliott, Ewing, Farrow, Funsten, Gaither, Garland,
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Gholson, Goode, Gray, Hanly, Hatcher, Hilton, Holder, Holliday, Johnston, Keeble, Lamkin, Lyon, Machen, Marshall, McMullin, Menees, Miles, Murray, Norton, Orr, Perkins, Reads Rives, Russell, Sexton, Shewmake, Simpson, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Bell, Blandford, Clopton, Cruikshank, Echols, Foster, Fuller, Gilmer, Herbert, J. M. Leach, J. T. Leach, Lester, Logan, Ramsay, Turner, and Wickham.
So the bill was passed, and the title was read and agreed to.
Mr. J. M. Smith moved to reconsider the vote by which the bill was passed.
Mr. Lyon called the question; which was ordered, and the motion to reconsider was lost.
On motion of Mr. Elliott,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
On motion,
The House resolved itself into open session.
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