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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-SEVENTH DAY--FRIDAY, January 27, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Burrows.
On motion of Mr. Hartridge, leave of absence was granted his colleague, Mr. Echols, after the 8th February.
The Chair laid before the House a message from the President; which was read as follows, viz:
Richmond, Va., January 24, 1865.
To the House of Representatives:
In response to a resolution adopted by you on the 31st ultimo, I herewith transmit a communication from the Secretary of War, covering copies of his letters to Gen. E. Kirby Smith relative to the general administration of the Trans-Mississippi Department.
JEFFERSON DAVIS.
The message and accompanying documents were laid upon the table and ordered to be printed.
Mr. Montague offered the following resolution; which was adopted:
Resolved, That the Committee on Post-Offices and Post-Roads inquire into the expediency of indemnifying John W. Daniel, the postmaster at Locust Mill, in the county of Middlesex, Virginia, against the loss of one hundred and eighty dollars in postage stamps and money belonging to the office forcibly taken from him on the tenth November, eighteen hundred and sixty-four, by the public enemy, and report by bill or otherwise.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Post-Offices and Post-Roads inquire into the expediency of indemnifying Thomas Taliaferro, the postmaster at Gloucester Court-House, for the loss of one hundred and forty-four dollars worth of Confederate postage stamps, forcibly taken from him by the public enemy in February last, and report by bill or otherwise.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Claims inquire into the expediency of allowing to Lieutenant Granville Harvey and the men who acted under him the sum of nine thousand dollars, the same being the proceeds of the sale of the effects saved by them from United States steamer Kingston, which steamer was captured and burned by them on the Chesapeake Bay in July last, and report by bill or otherwise.
Mr. Montague presented a letter from Colonel Robins, asking pay
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for a horse killed in battle; which was referred to the Committee on Military Affairs.
Also, a letter from E. T. Montague, collector of taxes, asking increased compensation; which was referred to the Committee on Ways and Means.
Also, joint resolution of the general assembly of Virginia, as to the exemption from taxation of certain property by the Confederate Government; which was referred to the Committee on Ways and Means.
Mr. Russell presented a communication from the War Department, respecting the appropriation to pay for slaves impressed; which was referred to the Special Committee on Impressments.
Mr. Hanly introduced
A bill "to require noncommissioned officers and privates held as prisoners of war to be paid upon their individual certificates, supported by oath;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Carroll introduced
A bill "for the relief of Edmund Burgevin, of Arkansas;" which was read a first and second time and referred to the Committee on Claims.
Mr. Dickinson presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.
Mr. Garland moved that the rules be suspended, and that the Senate bill (S. 129) "to provide for the employment of free negroes and slaves to work upon fortifications and perform other labor connected with the defenses of the country" be taken from the Calendar and made the special order for the morning hour.
Mr. Moore demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson. Batson, Baylor, Bell, Blandford, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Chrisman, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Dickinson, Ewing, Farrow, Foster, Fuller, Gaither, Garland, Gholson, Gilmer, Gray, Hanly, Hartridge, Holder, Keeble, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Lyon, Machen, McMullin, Miles, Miller, Montague, Moore, Norton, Orr, Ramsay, Russell, Shewmake, Simpson, J. M. Smith, W. E. Smith, Staples, Triplett, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Boyce, Herbert, Johnston, Perkins, and Smith of North Carolina.
Two-thirds voting in the affirmative, the rules were suspended.
On motion of Mr. Garland, the bill which had been reported from the Committee on Military Affairs, with sundry amendments, was made the special order for the morning hour, and the House proceeded to its consideration.
Mr. Miles called the question; which was ordered.
The question being on the first amendment of the committee, which is as follows, viz:
Strike out, in the fifth, sixth; and seventh lines, second section, the words "not to exceed thirty thousand in the States east of the Mississippi River and ten thousand in the States west of the Mississippi River,"
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Mr. J. T. Leach demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Baylor, Horatio W. Bruce, Burnett, Carroll, Chambers, Clark, Clopton, Cluskey, Conrow, Dickinson, Elliott, Ewing, Farrow, Foster, Gaither, Garland, Gholson, Goode, Gray, Hanly, Hartridge, Hatcher, Holder, Johnston, Keeble, Lyon, Marshall, Miles, Montague, Moore, Norton, Perkins, Pugh, Read, Russell, Shewmake, Simpson, Snead, Staples, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Baldwin, Batson, Bell, Blandford, Boyce, Chilton, Chrisman, Colyar, Cruikshank, Darden, Fuller, Gilmer, Herbert, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, McMullin, Orr, Ramsay, J. M. Smith, W. E. Smith, Smith of North Carolina, Turner, Wickham, and Mr. Speaker.
So the amendment was agreed to.
Mr. Foster submitted the following amendment:
Strike out the word "forty-five," in the second section, and insert in lieu thereof the word "forty."
Mr. Atkins demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Bell, Cluskey, Colyar, Conrow, Darden, Ewing, Foster, Fuller, Garland, Gilmer, Gray, Herbert, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Machen, Marshall, Montague, Norton, Orr, Perkins, Pugh, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Turner, Villeré, Wickham, Wilkes, and Mr. Speaker.
Nays; Anderson, Atkins, Baldwin, Batson, Baylor, Boyce, Branch, Horatio W. Bruce, Carroll, Chambers, Chilton, Chrisman, Clark, Clopton, Cruikshank, Dickinson, Elliott, Farrow, Gaither, Gholson, Goode, Hanly, Hartridge, Hatcher, Holder, Johnston, Lyon, McMullin, Miles, Miller, Moore, Read, Shewmake, Staples, Triplett, and Witherspoon.
So the amendment was agreed to.
Mr. Marshall moved to reconsider the vote just taken, and called the question; which was ordered.
The motion was lost.
The question recurring on the second amendment of the committee, which is as follows, viz:
Insert, in tenth line, second section, after the word "upon," the words "not to exceed eighteen dollars per month,"
It was decided in the affirmative.
Mr. Lester submitted the following amendment:
Add at end of section 2 the words "and if any of said slaves shall be physically injured whilst so employed, from any of the causes aforesaid, the owner shall receive full compensation for such injury;"
which was not agreed to.
Mr. Burnett moved to reconsider the vote by which the second amendment of the committee was agreed to.
The motion was lost.
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The morning hour having expired,
On motion of Mr. Miles, the Calendar was postponed, and the House proceeded with the consideration of the bill.
Mr. De Jarnette moved that the special order be postponed to enable him to present a memorial.
The motion was lost.
Mr. Conrow called the question; which was ordered.
The question being on the third amendment of the committee, which is as follows, viz:
Strike out, in the seventh, eighth, ninth, and tenth [lines], section 3, the words "not at any time to exceed thirty thousand in the States east of the Mississippi River and ten thousand in the States west of the Mississippi River."
It was decided in the affirmative.
Mr. Miles submitted the following amendment:
Strike out, in section 3, the words "as may be necessary" and insert in lieu thereof the words "as the wants of the service may require:"
which was agreed to.
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.
Mr. Goode submitted the following amendment:
Insert after the amendment just adopted the following, viz: "Provided, That said impressment shall be made according to the rules and regulations provided in the laws of the State wherein they are impressed: and in the absence of such law, in accordance with which [such] rules and regulations not inconsistent with the provisions of this act as the Secretary of War shall from time to time prescribe."
Mr. Anderson called the question; which was ordered.
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Baldwin, Barksdale, Bell, Blandford, Boyce, Branch, Carroll, Chrisman, Clopton, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Echols, Farrow, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Gray, Hanly, Hatcher, Herbert, Hilton, Holder, Johnston, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Machen, Marshall, McMullin, Menees, Miller, Montague, Moore, Norton, Orr, Perkins, Pugh, Ramsay, Read, Russell, Sexton, Shewmake, Simpson, J. M. Smith, Snead, Triplett, Turner, Wickham, Wilkes, and Witherspoon.
Nays: Batson, Baylor, Horatio W. Bruce, Burnett, Dupré, Elliott, Ewing, Hartridge, Keeble, Lyon, Miles, and W. E. Smith.
So the amendment was agreed to.
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Mr. Atkins moved to reconsider the vote just taken, and called the question; which was ordered.
The motion was lost.
Mr. Ramsay submitted the following amendment:
Insert after the amendment just adopted the following: "Provided, That said slaves shall not be armed or used as soldiers."
Pending which,
Mr. Chrisman moved that the House resolve itself into secret session.
The motion was lost.
Mr. Marshall moved that the further consideration of the amendment of Mr. Ramsay be had in secret session.
Mr. Ramsay demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Barksdale, Baylor, Blandford, Boyce, Bradley, Burnett, Carroll, Chrisman, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Foster, Gray, Hanly, Hartridge, Hatcher, Keeble, Lyon, Marshall, Menees, Moore, Perkins, Pugh, Read, Sexton, Shewmake, Snead, Triplett, Villeré, and Wilkes.
Nays: Akin, Anderson, Baldwin, Batson, Bell, Eli M. Bruce, Horatio W. Bruce, Clark, Clopton, Cruikshank, Darden, Echols, Farrow, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Machen, Miles, Montague, Norton, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Wickham, Witherspoon, and Mr. Speaker.
So the House refused to go into secret session.
After some time spent in debate,
Mr. E. M. Bruce moved that the further consideration of the pending amendment be had in secret session.
Mr. Ramsay demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Atkins, Barksdale, Batson, Baylor, Blandford, Boyce, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Chrisman, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Foster, Garland, Gray, Hanly, Hartridge, Hatcher, Hilton, Keeble, Lyon, Marshall, Menees, Moore, Norton, Perkins, Pugh, Read, Sexton, Shewmake, Snead, Triplett, Villeré, and Wilkes.
Nays: Baldwin, Bell, Chambers, Clark, Clopton, Cruikshank, Darden, Echols, Fuller, Gholson, Gilmer, Goode, Holder, Johnston, Lamkin, J. M. Leach, J. T. Leach, Logan, Machen, McMullin, Miles, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Turner, and Wickham.
So the House resolved itself into secret session; and having spent some time therein, resolved itself [into] open session.
Mr. J. M. Leach submitted the following amendment:
Add the following proviso to the end of the third section: "Provided further, That in no event shall any portion of said slaves or free negroes so impressed
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have arms placed in their hands, or be mustered into the Confederate States service, or be used at any time as soldiers in said service."
Mr. J. M. Leach called the question.
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Chambers, Chrisman, Clopton, Cruikshank, Echols, Fuller, Garland, Gholson, Gilmer, Herbert, Lamkin, J. M. Leach, J. T. Leach, Logan, Miles, Ramsay, J. M. Smith, W. E. Smith, Turner, and Wickham.
Nays: Akin, Baldwin, Barksdale, Batson, Baylor, Bell, Blandford, Branch, Horatio W. Bruce, Burnett, Carroll, Chilton, Clark, Cluskey, Colyar, Conrow, Darden, Dickinson, Dupré, Elliott, Ewing, Farrow, Gaither, Goode, Gray, Hatcher, Hilton, Holder, Johnston, Keeble, Lester, Lyon, Machen, Marshall, McMullin, Menees, Miller, Moore, Orr, Perkins, Read, Russell, Sexton, Simpson, Triplett, Villeré, Wilkes, and Witherspoon.
So the question was not ordered.
Mr. Chilton moved to lay the amendment on the table.
Mr. Bell moved that the House do now adjourn.
The motion to adjourn was lost.
The question recurring on the motion to lay the amendment on the table,
Mr. J. M. Leach demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Atkins, Baldwin, Barksdale, Batson, Baylor, Bell, Blandford, Branch, Horatio W. Bruce, Burnett, Carroll, Chilton, Clark, Clopton, Cluskey, Colyar, Conrow, Dickinson, Dupré, Elliott, Ewing, Farrow, Gaither, Garland, Gholson, Gray, Hatcher, Hilton, Holder, Johnston, Keeble, Lester, Lyon, Machen, Marshall, Menees, Miller, Moore, Norton, Read, Russell, Sexton, Shewmake, Simpson, Snead, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Anderson, Chambers, Cruikshank, Darden, Echols, Fuller, Gilmer, Goode, Herbert, Lamkin, J. M. Leach, J. T. Leach, Logan, McMullin, Miles, Orr, Ramsay, J. M. Smith, W. E. Smith, Smith of North Carolina, Turner, Wickham, and Mr. Speaker.
So the motion prevailed.
Mr. Akin moved to reconsider the vote just taken.
The motion was lost.
On motion of Mr. Blandford,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
Proceeded to the Consideration of the amendment of Mr. Ramsay to the bill (S. 129) "to provide for the employment of free negroes and slaves to work upon fortifications and perform other labor connected with the defenses of the country."
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The amendment having been read as follows, viz:
In section 3, after the amendment of Mr. Goode (which had been inserted after the word "necessary," in line 10), insert the following: "Provided, That said slaves shall not be armed or used as soldiers,"
Mr. Moore rose to a point, of order, viz:
That the amendment of Mr. Ramsay was not in order because it was a proposition different from that under consideration.
Mr. Baldwin, in the chair, overruled the point of order.
Mr. Foster appealed from the decision of the Chair.
The question being put,
Shall the decision of the Chair stand as the judgment of the House?
It was decided in the affirmative.
Mr. Atkins moved to lay the amendment of Mr. Ramsay on the table.
Mr. McMullin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Atkins, Baldwin, Barksdale, Batson, Baylor, Blandford, Boyce, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Clark, Clopton, Cluskey, Conrow, Dickinson, Dupré, Elliott, Ewing, Gaither, Garland, Gray, Hatcher, Hilton, Johnston, Keeble, Lester, Lyon, Machen, Marshall, Menees, Miller, Moore, Orr, Read, Sexton, Simpson, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Chrisman, Colyar, Cruikshank, Darden, Farrow, Fuller, Gholson, Gilmer, Goode, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Logan, McMullin, Miles, Perkins, Ramsay, Russell, J. M. Smith, W. E. Smith, Staples, Turner, Wickham, and Mr. Speaker.
So the motion to lay on the table prevailed.
Mr. Garland moved to reconsider the vote just taken, and called the question, which was ordered.
The motion to reconsider was lost.
On motion of Mr. Read,
The House resolved itself into open session.
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