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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-SECOND DAY--SATURDAY, January 21, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Mr. Patterson.
The Chair laid before the House a Senate bill (S. 164) "to extend the jurisdiction of the State tax collector of Mississippi over eastern Louisiana."
On motion of Mr. Dupré, the rule requiring the bill to be referred to a committee was suspended.
The bill was read a third time and passed, and the title was read and agreed to.
The Chair laid before the House a House resolution "providing for the appointment of a joint committee of the two Houses to prepare an address to the people of the Confederate States:" which had been returned from the Senate with the following amendment:
In line 3, insert the word "five" after the word "and."
The rule having been suspended, the amendment was concurred in.
On motion of Mr. Russell, leave of absence was granted his colleague, Mr. Funsten.
On motion of Mr. Baldwin, leave of absence was granted his colleague, Mr. Holliday.
Mr. Miles, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 111) "to authorize the President to
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appoint commissioners for the exchange of prisoners," which had been amended by the House and returned from the Senate with an amendment to the amendment, reported back the same with the recommendation that the amendment of the Senate be concurred in.
The amendment was read as follows, viz:
After the word "lines," line 7, insert the words "under regulations to be issued by the War Department,"
and concurred in.
Mr. J. M. Smith, from the same committee, reported
A bill "providing for the discharge of soldiers in certain cases, and their future exemption from military service;"
which was read a first and second time.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Miles, from the same committee, to whom had been referred a Senate bill (S. 159) "to secure more effectually the preservation and distribution of the effects of deceased officers and soldiers," reported back the same with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Gholson, from the Committee on the Judiciary, to whom had been referred
A bill "to regulate the compensation of the marshal of the Confederate States of America for the eastern district of Virginia,"
reported back the same with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Gholson, from the same committee, reported
A bill "to increase the compensation of marshals, criers, jurors, and witnesses;"
which was read a first and second time.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Under a suspension of the rules, Mr. Boyce, from the Committee on Naval Affairs, reported
A bill "to authorize and regulate the allowances of naval storekeepers;"
which was read a first and second time.
The question being on postponing the bill,
It was decided in the negative.
On motion, the bill was laid upon the table.
Under a suspension of the rules, Mr. Barksdale, from the Committee on Ways and Means, reported
A joint resolution "for the relief of Nathaniel Moore;"
which was read a first and second time.
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The question being on postponing the joint resolution,
It was decided in the negative.
The joint resolution was engrossed and read a third time.
Pending the question on its passage,
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."
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed, with amendments, a bill of this House of the following title:
In which amendments I am directed to ask the concurrence of this House.
Mr. Machen submitted the following amendment to the amendment of Mr. Anderson:
Strike out the word "thirty-five" and insert in lieu thereof the word "forty."
Mr. Shewmake called the question: which was ordered.
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Batson, Baylor, Bell, Blandford, Boyce, Bradley, Branch, Horatio W. Bruce, Carroll, Chambers, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, Darden, De Jarnette, Dupré, Echols, Ewing, Farrow, Foster, Garland, Gholson, Goode, Gray, Hatcher, Holder, Johnston, Keeble, Machen, Marshall, McMullin, Miles, Moore, Murray, Norton, Orr, Perkins, Pugh, Read, Russell, Sexton, Simpson, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Anderson, Baldwin, Chilton, Cruikshank, Fuller, Gaither, Gilmer, Hanly, Hilton, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Lyon, Ramsay, Shewmake, J. M. Smith, W. E. Smith, Smith of North Carolina, Turner, and Wickham.
So the amendment of Mr. Machen was agreed to.
Mr. Garland moved to lay the amendment of Mr. Anderson, as amended, on the table.
Mr. Anderson demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Batson, Baylor, Bell, Blandford, Bradley, Branch, Horatio W. Bruce, Carroll, Chambers, Chrisman, Clark, Cluskey, Colyar, Conrow, Darden, De Jarnette, Dupré, Ewing, Farrow, Garland, Goode, Gray, Hanly, Holder, Johnston, Keeble, Marshall, McMullin, Murray, Norton, Orr, Read, Simpson, J. M. Smith, Wilkes, and Witherspoon.
Nays: Anderson, Baldwin, Boyce, Chilton, Clopton, Cruikshank, Echols, Foster, Fuller, Gaither, Gholson, Gilmer, Hatcher, Hilton, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Lyon, Machen, Miles, Moore, Perkins, Pugh, Ramsay, Russell, Sexton, Shewmake, W. E. Smith, Smith of North Carolina, Triplett, Turner, Villeré, and Wickham.
So the motion to lay on the table prevailed.
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Mr. Wickham submitted the following amendment:
Insert the following as an independent section between the second and third: "But nothing herein contained shall be construed to prohibit the President from granting exemptions or details on account of private necessity, and no such exemption or detail heretofore granted, if application is made for its renewal, shall be revoked by reason of the provisions of this act, unless the President shall have the opportunity to act upon such application."
Mr. Sexton offered the following amendment:
Strike out section 3 and insert in lieu thereof the following, viz:
"Nothing herein contained shall be construed as repealing the act approved April fourteenth, eighteen hundred and sixty-three, entitled 'An act to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches from military service:' Provided, That the exemptions granted under this act shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations. It is the intent of Congress that the exemption hereby declared applies to any person who is accepted by the Postmaster-General as a mail contractor, according to the law, whether such contractor he at the time in the Army or not; but hereafter, if the Postmaster-General shall accept any mail contractor under the age of forty-five years, such contractor shall not be exempt from military service by reason of such contract."
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 amendment of the House of Representatives to the resolution in relation to the assignment of Gen. J. E. Johnston to the command of the Army of Tennessee.
Mr. Clopton submitted the following amendment:
Add at the end of section 2 the following proviso: "Provided, That nothing in this act shall be construed as revoking or annulling any exemption which has been heretofore granted to any person as overseer or agriculturist under the tenth section of the act entitled 'An act to organize forces to serve during the war,' approved February seventeenth, eighteen hundred and sixty-four, until after the expiration of one year from the time such exemption was granted."
Mr. Garland moved the previous question.
Mr. Chilton demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin Atkins, Batson, Blandford, Boyce, Bradley, Eli M. Bruce, Chambers, Cluskey, Colyar, Conrow, Ewing, Foster, Gaither, Garland, Gholson, Goode, Gray, Hanly, Hatcher, Hilton, Johnston, Lyon, Machen, Marshall, Moore, Murray, Norton, Orr, Pugh, Read, Russell, Simpson, Snead, Triplett, and Wilkes.
Nays: Anderson, Bell, Branch, Horatio W. Bruce, Carroll, Chilton, Clark, Clopton, Cruikshank, Darden, Dupré, Echols, Farrow, Fuller, Gilmer, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, McMullin, Miles, Perkins, Ramsay, Sexton, Shewmake, J. M. Smith, W. E. Smith, Smith of North Carolina, Villeré, Wickham, and Witherspoon.
So the main question was not ordered.
Mr. Atkins called the question; which was ordered, and the amendment of Mr. Clopton was lost.
Mr. Russell called the question; which was ordered, and the amendment of Mr. Wickham was lost.
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Mr. McMullin submitted the following amendment:
Insert the following as an independent section between sections 2 and 3:
"There shall also be exempted in each county, or district answering to a county, according to the census of eighteen hundred, and sixty, the following artisans, who shall be persons of skill 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 millwright for every ten 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: Provided, There is within the limits of such community no skilled white mechanic not liable to military duty, or negro mechanic working for the public, of the classes herein enumerated: And provided further, That said artisans shall forfeit such exemptions on failure diligently to labor for the public, in the employment for which they are exempted."
Mr. McMullin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baldwin, Baylor, Bell, Bradley, Horatio W. Bruce, Chilton, Clopton, Colyar, Cruikshank, Dupré, Echols, Farrow, Fuller, Gather, Garland, Gilmer, Hatcher, Hilton, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Machen, McMullin, Norton, Ramsay, J. M. Smith, Smith of North Carolina, Snead, Triplett, Wickham, and Witherspoon.
Nays: Akin, Anderson, Batson, Blandford, Branch, Carroll, Clark, Conrow, Darden, De Jarnette, Ewing, Foster, Gholson, Godde, Gray, Hanly, Johnston, Lyon, Marshall, Miles, Moore, Murray, Pugh, Russell, Sexton, Shewmake, Simpson, W. E. Smith, Villeré, and Wilkes.
So the amendment was agreed to.
Mr. Dupré submitted the following amendment:
Insert the following as an independent section after the second section:
"But nothing herein contained shall be construed to prohibit the President from granting exemptions on account of private necessity, provided the application for such exemption shall have been first passed upon and approved by the governor of the State in which the applicant resides: and no such exemption now in force shall be revoked by the provisions of this act if application for renewal of the same be made in the manner indicated herein within sixty days after the passage of this act on this side of the Mississippi River, and within ninety days west of that river: Provided, That while such application is pending the applicant shall not be placed in the military service."
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
A message was received from the President, by Mr. Harrison, his Private Secretary, notifying [the House] that on the 16th instant the President had approved and signed
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That on the 19th instant he had approved and signed
That on the 20th he approved and signed
Mr. Hanly offered the following resolution; which was adopted:
Resolved, That the Doorkeeper be, and he is hereby, authorized to hire wagons to haul coal from the coal fields in the vicinity of this city for the use of this House, and pay the cost thereof out of the contingent fund of the House of Representatives.
The question being on the amendment of Mr. Dupré,
It was decided in the negative.
Mr. Bradley moved to reconsider the vote by which the amendment of Mr. McMullin was agreed to.
Mr. Marshall moved that the House adjourn.
Mr. Chilton demanded the yeas and nays thereon;
Which were ordered,
Yeas: Batson, Baylor, Bell, Blandford, Branch, Carroll, Clark, Conrow, De Jarnette, Dupré, Ewing, Farrow, Foster, Goode, Gray, Hanly, Johnston, J. M. Leach, J. T. Leach, Marshall, McMullin, Menees, Moore, Murray, Norton, Orr, Pugh, Russell, Sexton, Simpson, J. M. Smith, Wickham, Wilkes, and Witherspoon.
Nays: Akin, Anderson, Baldwin, Boyce, Bradley, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Clopton, Colyar, Cruikshank, Darden, Fuller, Garland, Gholson, Gilmer, Hatcher, Holder, Lamkin, Lester, Logan, Lyon, Machen, Miles, Perkins, Ramsay, Shewmake, W. E. Smith, Smith of North Carolina, Snead, Staples, Triplett, and Villeré.
So the motion to adjourn was lost.
Mr. Johnston called the question.
Pending which,
On motion of Mr. Foster,
The House adjourned until 11 o'clock Monday.
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