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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-EIGHTH DAY--SATURDAY, January 28, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Tichenor.
The Chair laid before the House a Senate bill (S. 166) "to amend an act entitled 'An act to provide and organize a general staff for armies in the field, to serve during the war,' approved June fourteenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a Senate bill (S. 120) "to increase the compensation of naval storekeepers for a limited period;" which was read a first and second time and referred to the Committee on Naval Affairs.
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Also, a Senate bill (S. 163) "to authorize the appointment of additional officers in the Engineer Corps;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill of the Senate (S. 168) "to authorize the appointment of a commissary-general, with the rank of a brigadier-general;" which was read a first and second time and referred to the Committee on Military Affairs.
On motion of Mr. J. M. Smith, leave of absence was granted his colleague, Mr. Lester, from and after the 5th February.
On motion of Mr. Gholson, leave of absence was granted his colleague, Mr. Rives (detained from his seat by indisposition).
On motion of Mr. Anderson, leave of absence was granted his colleague, Mr. Shewmake, from and after to-day.
On motion of Mr. Hanly, leave of absence was granted Mr. Lamkin from and after 15th February.
Mr. Lyon moved that the special order be postponed to enable him to report from the Committee on Ways and Means.
The motion was lost.
The House resumed the consideration of the special order, viz:
Mr. Shewmake submitted the following amendment:
After the word "the," in line 15, section 3, strike out the words "law regulating impressments" and insert in lieu thereof the words "first section of an act to regulate impressments, passed on the twenty-sixth March, eighteen hundred and sixty-three."
Mr. Shewmake demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Barksdale, Bell, Blandford, Boyce, Horatio W. Bruce, Carroll, Clopton, Cluskey, Colyar, Cruikshank, Darden, De Jarnette, Dickinson, Echols, Foster, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Hartridge, Heiskell, Herbert, Hilton, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Miles, Montague, Moore, Ramsay, Shewmake, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Wickham, and Witherspoon.
Nays: Baylor, Burnett, Chilton, Chrisman, Clark, Conrow, Elliott, Ewing, Hanly, Hatcher, Johnston, Keeble, Lyon, Machen, McMullin, Norton, Perkins, Pugh, Snead, Staples, Triplett, and Turner.
So the amendment was agreed to.
Mr. Anderson moved to reconsider the vote just taken, and called the question; Which was ordered.
The motion to reconsider was lost.
Mr. Foster submitted the following amendment:
In section 4, line 7, strike out the word "forty-five" and insert "forty;"
which was agreed to.
Mr. Miles submitted the following amendment:
In section 4, line 5, strike out the words "number liable to impressment therein" and insert in lieu thereof: the words "whole number hired and impressed;"
which was agreed to.
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Mr. Miles submitted the following amendment:
In section 4, line 5, after the word "act," insert the words "whether owned by the citizens of such State or not:"
which was agreed to.
Mr. Colyar submitted the following amendment:
In section 4, lines 8 and 9, strike out the words "if said slaves are employed by said owner or his lessee uniformly in agriculture or in mechanical pursuits."
Mr. Lester called the question; which was ordered.
Mr. Foster demanded the yeas and nays thereon;
Which were ordered.
Yeas: Akin, Anderson, Baldwin, Barksdale, Baylor, Bell, Blandford, Boyce, Bradley, Branch, Burnett, Chrisman, Clark, Cluskey, Colyar, Cruikshank, Darden, Dupré, Ewing, Fuller, Gilmer, Goode, Gray, Hanly, Hatcher, Herbert, Holder, Keeble, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Machen, Menees, Montague, Moore, Murray, Norton, Orr, Ramsay, Sexton, Simpson, Smith of North Carolina, Snead, Triplett, Turner, Villeré, Wickham, and Wilkes.
Nays: Batson, Horatio W. Bruce, Carroll, Chambers, Chilton, Clopton, Conrow, Dickinson, Echols, Farrow, Foster, Gaither, Garland, Gholson, Hartridge, Johnston, Lyon, McMullin, Miles, Pugh, Read, Shewmake, J. M. Smith, and W. E. Smith.
So the amendment was agreed to.
Mr. Colyar moved to reconsider the vote just taken, and called the question; which was ordered.
The motion was lost.
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. Baldwin submitted the following amendment:
In section 4, line 10, strike out the words "but one male slave within said ages, shall said slave" and insert in lieu thereof the words "less than five male slaves within said ages, shall said slave."
Mr. Blandford called the question; which was ordered, and the amendment was agreed to.
The fourth amendment of the committee was read as follows, viz:
In section 4, lines 13 to 19, strike out the words "but when the slaves in any locality or of any person or persons have been or shall be exempted by the laws or regulations of any State from impressment to labor on the fortifications or other public works of the Confederate States, then the said slaves shall not be impressed for any purpose whatever by the authorities of the Confederate States," and insert in lieu thereof the following: "but no such slaves shall be taken from any owner or estate when one-half of the male slaves between the ages of eighteen and forty-five belonging to such owner or estate shall have absconded to the enemy or been abducted by them."
Mr. Garland submitted the following amendment to the amendment of the committee:
Strike out the word "forty-five" and insert "forty;"
which was agreed to.
The question recurring on the amendment of the committee, as amended,
Mr. Anderson called the question; which was ordered.
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Mr. McMullin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Baylor, De Jarnette, Miles, Miller, Montague, Smith of North Carolina, and Villeré.
Nays: Akin, Barksdale, Batson, Bell, Blandford, Boyce, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Carroll, Chilton, Chrisman, Clark, Cluskey, Colyar, Conrow, Cruikshank, Darden, Dickinson, Dupré, Echols, Ewing, Farrow, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Holder, Johnston, Keeble, Lamkin, J. M. Leach, J. T. Leach, Logan, Lyon, Machen, McMullin, Murray, Norton, Orr, Perkins, Pugh, Ramsay, Read, Shewmake, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Turner, Wickham, and Wilkes.
So the amendment of the committee was rejected.
Mr. Miles submitted the following amendment:
Strike out the words proposed to be stricken out in the amendment just rejected.
Mr. Garland called the question; which was ordered.
Mr. Garland demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Batson, Blandford, Bradley, Burnett, Chilton, Clark, Clopton, Conrow, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Gaither, Gholson, Goode, Hanly, Johnston, Keeble, Lamkin, Machen, Miles, Moore, Orr, Perkins, Pugh, Read, Simpson, Snead, Triplett, Wilkes, and Mr. Speaker.
Nays: Baldwin, Boyce, Branch, Carroll, Colyar, Cruikshank, Fuller, Garland, Gilmer, Hartridge, Hatcher, Herbert, Hilton, Holder, J. M. Leach, J. T. Leach, Logan, McMullin, Menees, Montague, Ramsay, Shewmake, J. M. Smith, W. E. Smith, Smith of North Carolina, Staples, Turner, Wickham, and Witherspoon.
So the amendment was agreed to.
Mr. Goode submitted the following amendment:
Strike out, in section 4, lines 19, 20, 21, and 22, the following proviso: "Provided, however, That nothing herein contained shall be so construed as to exempt any State from furnishing its fair quota of slaves for the purposes herein specified and according to the provisions of this act;"
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 a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
The Senate have passed, without amendment, bills and a joint resolution of this House of the following, titles viz:
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officers and men under his command for their victory over the enemy at Saltville, Va., on the 2d day of October, 1864.
The Senate have also passed a bill of this House (H. R. 304) entitled "An act to increase the efficiency of the cavalry of the Confederate States," with sundry amendments; in which I am directed to ask the concurrence of this House.
The Senate have indefinitely postponed bills of this House of the following titles, viz:
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Fuller submitted the following amendment:
Insert, in section 4, in lieu of the proviso just stricken out, after word "States," in line 19, the following: "Provided, That each State shall receive credit in the quota of slaves to be impressed to the full number of free negroes placed in the Army by this act."
Mr. Moore called the question; which was ordered, and the amendment of Mr. Fuller was rejected.
The fifth amendment of the committee was read as follows, viz:
Strike out the last proviso in section 4, which reads as follows, viz: "Provided further, That if the governor of any State shall certify to the Secretary of War or the commanding general of the Trans-Mississippi Department that slaves can not be impressed in any locality, county, district, parish, or city in such State without great detriment to such locality, county, district, parish, or city then the quota of said locality, county, district, parish, or city shall be impressed from other portions of said State," and insert in lieu thereof the following, viz: "Provided, The Secretary of War shall be authorized to exempt from the operations of this act any county, parish, or district, or parts thereof, in which he may be satisfied that the labor of the slaves therein is indispensable to the production of grain and provisions for the support of soldiers' families and non-producers in such county, parish, or district; and the Secretary of War may exempt from impressment slaves necessarily employed on works of internal improvement of importance to the common defense. But nothing contained in this proviso to diminish the quota of slaves in any State authorized to be impressed under the provisions of this act."
Mr. Foster called the question; which was ordered.
The amendment of the committee was rejected.
Mr. Perkins submitted the following amendment:
In section 4, line 32, after the word "city," insert the words "can be impressed in another portion of the State without detriment;"
which was not agreed to.
Mr. Dupré moved to reconsider the vote by which the fifth amendment of the committee was rejected, and moved to lay the motion on the table; which latter motion prevailed.
Mr. Gholson submitted the following amendment:
Strike out the last proviso in section 4;
which was not agreed to.
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Mr. Logan submitted the following amendment:
Add at the end of section 4 the following proviso: "Provided further, That impressments shall only be made for one year, and slaves impressed and serving out their time shall not be liable to another impressment until all other slaves liable to impressment shall have been impressed and served for one year."
Mr. Miles called the question; which was ordered.
Mr. Logan demanded the yeas and nays; which were not ordered, and the amendment was rejected.
Mr. Staples moved to reconsider the vote by which the amendment of Mr. Goode, striking out the first proviso in section 4, was agreed to.
The motion prevailed.
The question recurring on the amendment of Mr. Goode,
It was decided in the negative.
Mr. Staples submitted the following amendment:
Transfer the first proviso in section 4 to the end of the section;
which was agreed to.
The sixth amendment of the committee was read as follows, viz:
Insert after section 4 the following as an independent section:
Mr. Miles called the question; which was ordered, and the amendment was agreed to.
Mr. Blandford submitted the following amendment:
Insert after the section just inserted the following as an independent section:
Mr. Anderson called the question; which was ordered.
Mr. Blandford demanded the yeas and nays; which were not ordered, and the amendment was lost.
Mr. Smith of North Carolina moved to reconsider the vote just taken.
Mr. Hanly moved that the House adjourn.
The motion was lost.
The question recurring on the motion to reconsider,
Mr. Colyar demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Barksdale, Bell, Blandford, Cluskey, Colyar, Cruikshank, Dupré, Echols, Fuller, Gaither, Gilmer, Hatcher, Holder, Keeble, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, McMullin, Menees, Murray, Orr, Ramsay, Shewmake, Simpson, J. M. Smith, W. E. Smith, and Smith of North Carolina.
Nays: Batson, Baylor, Bradley, Carroll, Chambers, Chilton, Clark, Clopton, Conrow, Dickinson, Ewing, Farrow, Garland, Gholson,
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Goode, Gray, Hanly, Lyon, Machen, Miles, Moore, Norton, Perkins, Pugh, Russell, Snead, Staples, Triplett, Turner, Villeré, Wilkes, Witherspoon, and Mr. Speaker.
So the motion to reconsider was lost.
Mr. Garland moved the previous question; which was ordered.
The question being on the seventh amendment of the committee, which is as follows, viz:
After the last section insert the following as an independent section:
It was decided in the affirmative.
The question recurring on ordering the bill to be engrossed and read a third time,
It was decided in the affirmative.
The bill having been engrossed and read a third time,
Mr. Hanly called the question; which was ordered.
The question being put,
Shall the bill pass?
It was decided in the affirmative.
Mr. Miles moved to reconsider the vote by which the bill was passed, and called the question; which was ordered.
The motion to reconsider was lost.
On motion of Mr. Orr,
The House adjourned until 11 o'clock to-morrow.
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