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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 --EIGHTY-THIRD DAY--WEDNESDAY, February 15, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Mr. Shaver.
The Chair laid before the House a Senate joint resolution (S. 29) "extending the provisions of the joint resolution to allow sick and wounded officers of the Army transportation to their homes, and hospital accommodations, approved June tenth, eighteen hundred and sixty-four."
On motion of Mr. Miles, the rule was suspended requiring the joint resolution to be referred to a committee, and the joint resolution was read a third time and passed, and the title was read and agreed to.
Mr. Miles moved to reconsider the vote by which the joint resolution was passed.
The motion was lost.
The Chair also laid before the House a Senate bill (S. 179) "to amend an act to provide for holding elections for Representatives in the Congress of the Confederate States from the State of Missouri, approved January nineteenth, eighteen hundred and sixty-four."
On motion of Mr. Clark, the rule was suspended requiring the bill to be referred to a committee, and the bill was read a third time and passed, and the title was read and agreed to.
Mr. Clark moved to reconsider the vote by which the bill was passed.
The motion was lost.
The Chair also laid before the House a Senate bill (S. 180) "to amend an act entitled 'An act to prevent the procuring, aiding, and assisting persons to desert from the Army of the Confederate States, and for other purposes,' approved January twenty-second, 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. 181) "to provide supplies for the Army, and to prescribe the mode of making impressments;" which was read a first and second time and referred to the Special Committee on Impressments.
Mr. Barksdale presented the proceedings of a meeting of Humphreys' (Mississippi) brigade; which were laid upon the table and ordered to be printed.
Also, the proceedings of a meeting of Davis' (Mississippi) brigade; which were laid upon the table and ordered to be printed.
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Also, the proceedings of a meeting of the Fifth Regiment Alabama Infantry; which were laid upon the table and ordered to be printed.
Mr. Chambers moved that temporary appointments be made of additional members of the Committee on Flag and Seal; which motion prevailed, and
The Speaker appointed Mr. Funsten of Virginia.
Mr. Holder offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of so amending the act entitled "An act to provide for the appointment of officers with temporary rank and command," approved May thirty-first, eighteen hundred and sixty-four, as to extend its provisions to field and line officers of the Provisional Army.
Mr. Smith of North Carolina introduced
A bill "to secure the right of transfer in certain cases, and to punish those who withhold it;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Smith of North Carolina offered the following resolution; which was adopted, viz:
Resolved, That the President be requested to communicate to the House all the facts attending the arrest of Doctor H. P. Ritter, of Edenton, North Carolina. his removal and confinement in the military prison of this city, and his final discharge, giving the grounds and evidence upon which he was arrested, by whom and whose authority the same was done, any correspondence on file in the War Department in relation thereto, and whether any and what instructions have been issued in reference to such arrest.
Mr. J. T. Leach introduced
A bill "to increase the compensation of soldiers;"
which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.
Mr. J. T. Leach offered the following resolutions:
Resolved, That the views of J. P. Benjamin, Secretary of State, as reported in a speech made by him on the tenth instant in the city of Richmond, is derogatory to his position as a high public functionary of the Confederate Government, a reflection on the motives of Congress as a deliberative body, and an insult to public opinion.
Resolved, That our Army is not composed or mob-law materials; that our soldiers are law-abiding men; that in common with their Representatives and their friends at home they deprecate croakers, official insolence, or mob law, as being repugnant to justice, incompatible with the rights of free men, and revolting to the feelings of patriots and Christians.
Mr. J. T. Leach moved that the resolutions be laid upon the table;
which motion prevailed.
Mr. J. T. Leach moved that the resolutions be printed.
Mr. Carroll demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baldwin, Baylor, Blanford, Boyce, Cruikshank, Ewing, Fuller, Garland, Gray, Herbert, Lamkin, J. M. Leach, J. T. Leach, Logan, Marshall, Miller, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Staples, Wickham, and Witherspoon.
Nays: Akin, Anderson, Atkins, Barksdale, Batson, Bell, Bradley, Branch, Bridgers, Horatio W. Bruce, Burnett, Carroll, Chambers, Chrisman, Clark, Clopton, Cluskey, Conrad, Conrow, Darden, Dickinson,
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Dupré, Elliott, Farrow, Foster, Gholson, Hanly, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Lyon, McCallum, McMullin, Menees, Miles, Moore, Pugh, Russell, Sexton, Snead, Triplett, Villeré, and Wilkes.
So the motion to print was lost.
Mr. J. M. Leach offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire into the condition and treatment of the "Junior Reserves," and whether they are provided with clothing and blankets, and if they have received any pay whatever, and report to this House at as early a period as practicable what portion of said "Junior Reserves" have received neither clothing, blankets, nor pay.
Mr. Farrow presented sundry papers relating to the advance of one million of dollars by the State of South Carolina for the purchase of horses by General Hampton's cavalry in South Carolina; which were referred to the Special Committee on State Claims.
Mr. Farrow offered the following resolution:
Resolved, That the report of the Committee on Claims on the memorial of Gaspar Tochman, now a continuing special order after the expiration of the morning hour, be made a continuing special order for Monday next, during the morning hour.
The question being put,
It was decided in the negative, and the resolution was rejected.
Mr. Farrow moved to reconsider the vote just taken; which motion did not prevail.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 187) to regulate the business of conscription; in which I am directed to ask the concurrence of this House.
The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 304) to increase the efficiency of the cavalry of the Confederate States.
The President of the Confederate States has notified the Senate that on the 11th instant he approved and signed the following act and joint resolution:
Mr. Farrow offered the following resolution; which was adopted:
Whereas allegations exist Of abuses perpetrated in connection with the transportation of supplies held in private account, by speculators, to the great injury or the public interest and the adequate support of the Army: Therefore,
Resolved, That the Committee on Quartermaster's and Commissary Departments be, and are hereby, instructed to inquire into the grounds for such allegations, and for this purpose shall have power to send for persons and papers; and that said committee report the result of their inquiries to this House.
Resolved further, That in view of the importance of ascertaining the truth or groundlessness of such allegations and the comparatively limited means of a committee in making such investigations, this House requests all good citizens who happen to know any facts that would be of service in such investigation to communicate such facts to the committee by affidavit, accompanied by suitable certificates as to character and credibility of affiants to show the probable truth of their statements.
Also, the following resolution; which was adopted, viz:
Whereas by an act entitled "An act to organize forces to serve during the war," approved seventeenth February, eighteen hundred and sixty-four, stringent legislation
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was enacted for the purpose of ridding the Quartermaster's and the Commissary Departments, the Ordnance Department, navy agencies, conscription service, provost and hospital guard service, of all clerks, agents, employees, and laborers who are fit for active service, with the view to having such persons put in active service and their places filled by persons unfit for active service: and
Whereas there are many complaints from different sections of the Confederacy of the number of apparently able-bodied persons still retained in these various employments: Therefore,
Resolved, That the President be, and he is hereby, respectfully requested to inform this House what measures have been taken for the enforcement of said law, and what has been the success of such measures; also whether any and what additional legislation is expedient to insure the proper execution of said law.
Under a suspension of the rules, Mr. Marshall, from the Committee on Military Affairs, reported
A bill "to provide for the more efficient transportation of troops, supplies, and munitions of war upon the railroads, steamboats, and canals in the Confederate States;"
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.
Mr. Marshall submitted the following amendment:
Fill the blank determining the compensation of the commissioners with the words "two hundred and fifty:"
which was agreed to.
Mr. Wickham, on the part of a minority of the committee, submitted the following amendment:
Strike out all after the enacting clause, which reads as follows, viz:
"That the transportation of troops, army supplies, munitions of war, military property and stores throughout the Confederate States, shall be under the immediate control of the Secretary of War, and such officers and agents as he may designate, and he shall be authorized to place under the control of such officers and agents all the officers, agents, and employees of such railroads and steamboats, so as to secure regular, expeditious, safe. and orderly transportation of the men and property aforesaid on the different lines of road and of steamboat and canal navigation. He may direct the repair of any railroad and the preparation of any equipments that may at any time be required for it, and establish such rules and regulations for the use of the road and for the running of the boats as may be necessary for the accomplishment of the objects proposed in this act; and all the persons engaged upon the roads and boats while under the control of the Government shall be subject as if serving with armies in the field.
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and insert in lieu thereof the following, viz:
"That the Secretary of War, when in his opinion the exigencies of the service require it, shall be authorized to send trains, or engines, or cars separately, owned by any railroad company, to or over the road of any other company, after first making a request for the same of such companies and they or either of them shall refuse or neglect to comply therewith; and the compensation for such service shall be the established rate for Government transportation on the roads upon which the trains pass, to be divided equally between the company owning the road and the company owning the trains, cars, or engines transferred to it; and the compensation so due to each shall be such as may be agreed upon, or shall be ascertained in the manner provided by law for ascertaining the value of the use or ownership of property impressed.
Mr. Wickham moved that the bill and amendments be postponed until Friday, 12 o'clock, and printed.
The motion was lost.
The morning hour having expired,
On motion of Mr. Marshall, the Calendar was postponed until the bill under consideration be disposed of.
Mr. Clark moved to reconsider the vote by which the amendment filling the blank with "two hundred and fifty" was agreed to.
The motion was lost.
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Mr. Akin submitted the following amendment:
In section 3. after the words "per month," insert the words "with rations and transportation:"
which was agreed to.
Mr. Fuller submitted the following amendment:
At the end of section 3 add the following proviso: "Provided, That no person subject to military duty shall be appointed a commissioner under this act;"
which was agreed to.
Mr. Blandford moved the previous question.
Mr. J. M. Smith demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Barksdale, Batson, Baylor, Bell, Blandford, Bradley, Horatio W. Bruce, Burnett, Carroll, Chrisman, Clopton, Conrow, Cruikshank, Dickinson, Ewing, Foster, Garland, Gholson, Goode, Gray, Hanly, Hilton, Holder, Holliday, Lyon, Marshall, Miles, Moore, Pugh, Read, Simpson, J. M. Smith, W. E. Smith, Snead, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Branch, Bridgers, Cluskey, Conrad, Dupré, Elliott, Farrow, Fuller, Gilmer, Hartridge, Hatcher, Johnston, J. T. Leach, Logan, McMullin, Miller, Murray, Perkins, Ramsay, Smith of North Carolina, Staples, Swan, Turner, and Wickham.
Two-thirds not Voting in the affirmative, the main question was not ordered.
Mr. J. M. Smith called the question; which was ordered.
The question being on agreeing to the amendment of Mr. Wickham,
Mr. Wickham demanded the yeas and nays:
Which were ordered,
Yeas: Akin, Baldwin, Bridgers, Cluskey, Cruikshank, Fuller, Garland, Hatcher, Herbert, J. T. Leach, Logan, Ramsay, Smith of North Carolina, Turner, and Wickham.
Nays: Anderson, Atkins, Barksdale, Batson, Baylor, Bell, Blandford, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Chrisman, Clark, Clopton, Colyar, Conrad, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Gholson, Gray, Hanly, Hartridge, Hilton, Holder, Holliday, Johnston, Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miles, Miller, Moore, Perkins, Pugh, Read, Simpson, J.M. Smith, W. E. Smith, Smith of Alabama, Snead, Staples, Swan, Triplett, Villeré, Wilkes, and Witherspoon.
So the amendment was lost.
Mr. Swan moved to reconsider the vote just taken.
Mr. J. M. Smith called the question.
Pending which,
Mr. Hilton moved the previous question; which was ordered.
The motion to reconsider was lost.
The bill was engrossed and read a third time.
The question being put,
Shall the bill pass?
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Mr. Swan demanded the yeas and nays;
Which were ordered,
Yeas: Anderson, Atkins, Barksdale, Batson, Baylor, Bell, Blandford, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Carroll, Chrisman, Clark, Clopton, Conrad, Conrow, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Gholson, Goode, Gray, Hanly, Hartridge, Hatcher, Hilton, Holder, Holliday, Johnston, Lyon, Machen, Marshall, McMullin, Miles, Miller, Moore, Perkins, Pugh, Sexton, Simpson, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Villeré, Wilkes, and Witherspoon.
Nays: Akin, Baldwin, Bridgers, Cluskey, Cruikshank, Darden, Fuller, Garland, Gilmer, Herbert, J. M. Leach, J. T. Leach, Logan, Ramsay, Smith of North Carolina, Swan, Turner, and Wickham.
So the bill was passed.
Mr. Marshall moved to reconsider the vote just taken.
The motion was lost.
Mr. Marshall moved to amend the title by adding thereto the following, viz:
and to control telegraphic lines employed by Government.
The amendment was agreed to, and the title as amended was read and agreed to.
Mr. Marshall moved to reconsider the vote by which the title was agreed to.
The motion was lost.
Mr. Miles, from the committee of conference on the disagreeing votes of the two Houses on the bill "to consolidate companies, battalions, and regiments," submitting the following report:
The committee of conference on the part of the House on the disagreeing votes of the two Houses on the bill (H. R. 273) "to authorize the consolidation of companies, battalions, and regiments," beg leave respectfully to report:
That they have met the managers on the part of the Senate, and, after full and free conference, have agreed to recommend, and do recommend, to their respective Houses as follows:
That the House of Representatives do recede from their disagreement to the amendment of the Senate, and that they do concur in the said amendment with amendments, as follows, viz:
Strike out the words "having the number, rank and file, now fixed by law," section 2, lines 3 and 4, and insert the words "having a number, rank and file, not less than sixty-four nor more than one hundred and twenty-five."
Insert as section 3 the following:
Insert as section 4 the following:
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by appointment of the President, by and with the advice and consent of the Senate; and the generals commanding the armies to which the consolidated organizations belong shall afford reasonable facilities for forming such organizations. The officers so dropped shall have the privilege of selecting the company and arm of the service in which they may desire to serve, whether such company belongs to the army with which they are now connected or some other army of the Confederate States, and shall be entitled to transportation to such company; and, failing to make such selection, such officers, if liable to military duty, shall be conscribed and placed in the service where they may be found. But no officer in the hands of the enemy shall be dropped from the rolls by reason of anything contained in this section: Provided, That no officer shall be permitted to select a company on the opposite side of the Mississippi River from where he is now on duty, unless he resides beyond said river."
Strike out the words "offices of adjutants and," section 6. line 1, and insert the words "office of," and strike out lines 4, 5, 6, and 7 in the same section, and the word "also," in line 8.
Strike out, section 7, all preceding and including the word "formed," line 4, and insert in lieu thereof the words "The general commanding the department or army shall designate the names of the battalions or regiments organized under the provisions of this act."
Strike out, section 8, line 11, the words "with the rank held by them in the line" and insert in lieu thereof the words "with the rank previously held by such officers in the service."
Insert after "act," section 9, the words "or they may be assigned or appointed to vacancies in the new organizations."
And that the Senate agree to the said amendments to their amendments.
All of which is respectfully submitted.
Mr. Baldwin moved that the consideration of the report be postponed until to-morrow, and that it be printed.
Mr. Atkins moved to lay the motion on the table; which latter motion prevailed.
Mr. J. M. Smith called the question: which was ordered.
The question being on agreeing to the report,
Mr. Blandford demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Barksdale, Batson, Baylor, Bridgers, Eli M. Bruce, Horatio W. Bruce, Carroll, Chambers, Clopton, Colyar, Conrad, De Jarnette, Dickinson Dupré, Ewing, Farrow, Foster, Garland, Gholson, Goode, Gray, Hanly, Hartridge, Hilton, Holliday, Johnston, Keeble, Lamkin, J. T. Leach, Lyon, Machen, McMullin, Menees, Miles, Moore, Pugh, Simpson, J. M. Smith, and Smith of North Carolina.
Nays: Baldwin, Bell, Blandford, Bradley, Branch, Burnett, Clark, Cluskey, Darden, Elliott, Fuller, Gilmer, Hatcher, Herbert, J. M. Leach, Logan, Marshall, Murray, Perkins, Ramsay, Read, Sexton, W. E. Smith, Snead, Staples, Swan, Triplett, Turner, Villeré, Wickham, Wilkes, and Witherspoon.
So the report was agreed to.
Mr. Miles moved to reconsider the Vote just taken.
The motion was lost.
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On motion of Mr. Batson, the special order was postponed to enable him to move a suspension of the rules.
Under a suspension of the rules, Mr. Batson, from the Committee on the Judiciary, to whom had been referred
A bill "for the relief of the Indian nations with which treaties have been made by the Confederate States,"
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. Batson, from the same committee, reported
A bill "to provide for the redemption of the old issue of Treasury notes held by certain Indian nations;"
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.
Mr. Bridgers moved that the bill be referred to the Committee on Ways and Means; which motion was lost.
Mr. Wickham moved that the bill be postponed until Friday next and made the special order in the morning hour.
The motion was lost.
Mr. Hanly submitted the following amendment:
Add the following as an independent section:
Mr. Akin submitted the following amendment to the amendment:
Strike out the whole thereof and insert the following, viz: "And provided further, That strict proof shall be required, before the exchange is made, that the old Treasury notes offered to be exchanged were owned by the citizens of said Indian tribes on the said first day of July, eighteen hundred and sixty-four: And provided further, That the sum of three hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying this act into effect."
On motion of Mr. Foster, the bill and amendments were postponed until Saturday next, and made the special order for the morning hour.
Mr. J. M. Smith moved that the House resolve itself into secret session.
No quorum voting,
Mr. Clark moved that the House adjourn.
Mr. Hartridge demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Baldwin, Baylor, Burnett, Chambers, Cluskey, Darden, Dupré, Elliott, Hanly, Keeble, J. M. Leach, Pugh, Turner, and Wickham.
Nays: Akin, Batson, Bell, Blandford, Branch, Bridgers, Horatio W. Bruce, Chrisman, Clark, Clopton, Colyar, Conrow, Cruikshank, De Jarnette, Dickinson, Ewing, Farrow, Foster, Fuller, Garland, Gholson, Gilmer, Gray, Hartridge, Hilton, J. T. Leach, Logan, Machen, Marshall, McMullin, Menees, Miles, Miller, Moore, Ramsay, Rogers, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Staples, Villeré, and Mr. Speaker.
So the House refused to adjourn.
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The House resumed the consideration of the unfinished business of yesterday, viz:
The bill "more effectually to prevent and punish absenteeism and desertion in the Army."
Mr. Garland moved the previous question; which was ordered.
The amendment of Mr. Marshall was lost.
The bill was 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 just taken.
The motion was lost, and the title was read and agreed to.
Mr. Baldwin presented the memorial of citizens of Rockingham County, Va., asking release of taxes because of ravages of the enemy; which was referred to the Committee on Ways and Means.
Also, the memorial of the representatives of Dr. James Saunders, deceased, of Lynchburg, Va., asking refunding of taxes paid on funds abroad: which was referred to the Committee on Ways and Means.
Mr. Miller presented a series of resolutions adopted at a meeting of Witcher's Virginia cavalry; which were laid upon the table and ordered to be printed.
Also, a series of resolutions adopted at a meeting of the Thirty-sixth Regiment and the Forty-sixth Battalion Virginia Infantry; which were laid upon the table and ordered to be printed.
Mr. Goode presented a series of resolutions adopted at a meeting of the Second Virginia Cavalry; which were laid upon the table and ordered to be printed.
Mr. Clopton presented a series of resolutions adopted at a meeting of Battle's (Alabama) brigade; which were laid upon the table and ordered to be printed.
Mr. Colyar presented a series of resolutions adopted at a meeting of Johnson's (old Tennessee) brigade: which were laid upon the table and ordered to be printed.
Mr. Clark moved that the special order be postponed to enable him to report from the Committee on Military Affairs.
The motion was lost.
On motion of Mr. J. M. Smith,
The House adjourned until 11 o'clock to-morrow.
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