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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 --SEVENTY-THIRD DAY--FRIDAY, February 3, 1865.
OPEN SESSION.
The Chair laid before the House a Senate bill (S. 178) "to provide for the appointment of a solicitor of the War Department;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, the following resolution; which had been adopted by the Senate:
Resolved (the House of Representatives concurring), That the joint committee to whom was referred the investigation of the condition and treatment of prisoners, and the causes of their detention in captivity, shall, in addition, investigate and report upon the violations by the enemy of the rules of civilized war, in the conduct of the war and also whether the enemy will resume exchanges, and if so, upon What terms: and that they report what legislation they deem expedient in the premises;
which was adopted.
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Mr. Staples, under a suspension of the rules, offered the following resolution, viz:
Resolved, That no motion shall be entertained to suspend the rules for the introduction of business out of the regular order, during the morning hour, upon those days set apart for the call of committees.
On motion of Mr. Staples, the rule was suspended requiring the resolution to lie over two days; and the resolution was adopted.
Mr. Staples presented a memorial from H. K. Fitzer & Bro., mail contractors, asking increase of compensation; which was referred to the Committee on Post-Offices and Post-Roads.
Also, a memorial from A. Sidney Johnston, relating to the supply of clothing for officers: which was referred to the Committee on the Quartermaster's and Commissary Departments.
Also, a memorial from Maj. H. W. King, commissary of subsistence, asking the return of lost funds; which was referred to the Committee on Claims.
Mr. Wickham presented the memorial of W. N. Smith, asking compensation for the invention of an important machine; which was referred to the Committee on Ordnance and Ordnance Stores.
Also, the petition of Olivia Mylore, Hanover County, Va., asking the remission in her favor of a claim of sequestration of certain Confederate bonds, the property of her late husband, William Mylore; which was referred to the Committee on the Judiciary.
Also, the memorial of J. O. Steger, postmaster, city of Richmond, asking relief from the claims of the Government against him for certain counterfeit notes received in his office; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Atkins, by leave, submitted the following amendment to the resolution of Mr. Gholson, offered on Wednesday last, touching peace and the employment of negro soldiers:
Strike out the whole of the same and insert in lieu thereof the following, viz:
"Resolved, That arming slaves in our cause upon a promise of emancipation is in conflict with well-established principles, and therefore should not be done.
"Resolved, That the character of the war which the enemy is waging against us and the immense resources which he is bringing to bear for our subjugation justifies and requires that we should exhaust all the resources within our reach rather than submit to so terrible a fate.
"Resolved, That between subjugation and using our slaves in our defense every principle of justice and self-preservation requires the latter, and therefore we should at once put one hundred thousand slaves between the ages of seventeen and forty-five in the field, and in order to make them effective and to immediately interest all of our soldiers in the institution, it is expedient that the Government should purchase all the slaves thus put in the Army, and give to each white soldier now in the Army, or who will join the Army within three months after the enactment of a law in accordance with these resolves, a slave to be his absolute right and property, to be forever free from the claims of any and all persons, and the title only to be divested by such soldier abandoning his post without leave, in which case the title shall revert to the Government."
Mr. Boyce moved that the House resolve itself into secret session to consider the resolution and amendment.
Mr. Ramsay demanded the yeas and nays thereon;
Which were ordered,
Yeas: Batson, Boyce, Branch, Chambers, Chrisman, Cluskey,
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Conrow, Foster, Funsten, Herbert, Hilton, Holiday, Keeble, Moore, Norton, Rogers, Swan, Wilkes, and Witherspoon.
Nays: Akin, Anderson, Atkins, Barksdale, Bradley, Bridgers, Horatio W. Bruce, Burnett, Carroll, Chilton, Clark, Clopton, Conrad, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Echols, Ewing, Fuller, Gaither, Garland, Gholson, Gilmer, Gray, Hanly, Hartridge, Hatcher, Lamkin, J. T. Leach, Logan, Machen, Marshall, McMullin, Menees, Orr, Pugh, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Staples, Triplett, Villeré, Wickham, and Mr. Speaker.
So the House refused to go into secret session.
On motion of Mr. J. T. Leach, leave of absence was granted to Mr. Miller of Virginia (detained from his seat by indisposition).
On motion of Mr. Smith of North Carolina, leave of absence was granted to Mr. Akin of Georgia, from the eleventh of this month.
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 joint resolution of this House of the following title, viz:
The Senate have also passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
The morning hour having expired,
On motion of Mr. Gholson, the Calendar was postponed to enable Mr. Conrad to conclude his remarks on the subject under consideration.
Mr. Hilton moved to refer the resolution and amendment to the Committee on Military Affairs, and called the question; which was ordered.
The motion to refer prevailed.
The chair laid before the House a Senate bill (S. 177) "to amend an act to establish the judicial courts of the Confederate States of America, approved March sixteenth, eighteen hundred and sixty-one;" which was read a first and second time and referred to the Committee on the Judiciary.
Also, a Senate bill (S. 169) "to abolish the office of certain quartermasters and assistant quartermasters, commissaries and assistant commissaries, and to provide for the appointment of bonded agents in said departments;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a communication from the Secretary of the Treasury and accompanying documents, furnishing information required by the resolution adopted on the 25th ultimo, as to what amount of five hundred million nontaxable bonds had been disposed of by Government, etc.; which were laid upon the table and ordered to be printed.
On motion to Mr. Lyon, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.
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The Chair announced the appointment of the special committee to investigate the cause of the scarcity of fuel in Chimborazo Hospital, under the resolution of Mr. Wickham, as follows, viz:
Under a suspension of the rules. Mr. Marshall. from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 117) "to authorize the commanders of the reserves in each State to order general courts-martial and to revise the proceedings of courts-martial and military courts," with an amendment of the Senate to the amendments of the House, reported back the same with the recommendation that the House do not, concur in the amendment of the Senate. The amendment of the Senate was read as follows, viz:
Strike out the second amendment and insert in lieu thereof the following, viz:
The question being on concurring in the amendment of the Senate,
It was decided in the negative.
Mr. Marshall moved that a committee of conference be tendered to the Senate on the disagreeing votes of the two Houses on the bill and amendments; which motion prevailed.
On motion of Mr. Hilton,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, resolved itself into Committee of the Whole to consider the bill "to levy additional taxes for the year eighteen hundred and sixty-five for the support of the Government," Mr. Sexton in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that the committee had had the subject referred to them under consideration and had come to no conclusion thereon.
On motion of Mr. H. W. Bruce,
The House resolved itself into open session.
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