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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-SIXTH DAY--SATURDAY, February 18, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
EIGHTY-SIXTH DAY--SATURDAY, February 18, 1865.

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OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Mr. Shaver.

The House resumed the consideration of the bill "to provide for the redemption of the old issue of Treasury notes held by certain Indian tribes."

Mr. Boudinot submitted the following amendment to the amendment of Mr. Hanly:

Strike out the words "three hundred thousand" and insert the words "six hundred thousand;"
which was agreed to.

Mr. Lyon submitted the following amendment to the amendment of Mr. Hanly, as amended:

Strike out the whole thereof and insert the following, viz: "Provided, The redemption hereby authorized shall be made under the direction of the Commissioner of Indian Affairs. who shall, before making the same, require proof that the actual amount so on hand in Treasury notes or funded into four percent bonds was actually received from the Government and held by the Indians since the receipt thereof, either in the same Treasury notes or bonds in which the same were funded: And provided further, The amount to be exchanged under this act shall not exceed three hundred thousand dollars."

Mr. Garland moved to lay the amendment to the amendment on the table; which motion prevailed.

Mr. Callahan submitted the following amendment to the amendment of Mr. Hanly:

Strike out the whole thereof and insert the following, viz: "Provided, The redemption hereby authorized shall be made under the direction of the Superintendent of Indian Affairs, who shall, before making the same, require proof that the actual amount so on hand in Treasury notes or funded into four per cent bonds was actually received from the Government and held by the Indians since the receipt thereof, either in the same Treasury notes or bonds in which the same were funded: And provided further, The amount to be exchanged under this act shall not exceed six hundred thousand dollars;"
which was agreed to, and the amendment of Mr. Hanly, as amended, was agreed to.

Mr. Hanly moved that the rule be suspended requiring the bill to be considered in Committee of the Whole; which motion prevailed.

The bill as amended was engrossed and read a third time.

The question being put,

Shall the bill pass?

The yeas and nays required by the Constitution were recorded,

And are as follows, viz:
• Yeas ... 58
• Nays ... 0

Yeas: Akin, Batson, Bell, Blandford, Bradley, Burnett, Carroll, Clark, Clopton, Cluskey, Colyar, Conrad, Cruikshank, Darden, De Jarnette, Dickinson, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Garland, Gholson, Gilmer, Goode, Hanly, Hatcher, Herbert, Hilton, Johnston, Keeble, J. M. Leach, J. T. Leach, Logan, Lyon, McCallum, McMullin, Miles, Moore, Perkins, Ramsay, Read, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Staples, Triplett, Villeré, Wickham, Wilkes, Witherspeon, and Mr. Speaker.

Nays: None.

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Two-thirds voting in the affirmative, the bill was passed, and the title was read and agreed to.

Mr. Boudinot moved to reconsider the vote by which the bill was passed.

The motion was lost.

Mr. Sexton, from the committee of conference on the disagreeing votes of the two Houses on the bill "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," submitted the following report:

The committee of conference on the part of the House of Representatives on the disagreeing votes of the two Houses on 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," 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, viz:

That the House of Representatives do recede from their third and tenth amendments.

That the Senate do recede from their disagreement to the eleventh amendment of the House of Representatives.

All of which is respectfully submitted.

• H. C. CHAMBERS,
• F. B. SEXTON,
  Managers on the part of the House of Representatives.
• H. C. BURNETT,
• W. A. GRAHAM,
• A. T. CAPERTON,
  Managers on the part of the Senate.

The question being on agreeing to the report of the committee,

Mr. Carroll demanded the yeas and nays; which were not ordered, and the report was agreed to.

Mr. Smith of North Carolina moved to reconsider the vote by which the report was agreed to.

Mr. Barksdale called the question; which was ordered.

Mr. Marshall demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 32
• Nays ... 38

Yeas: Akin, Baldwin, Batson, Bradley, Branch, Bridgers, Horatio W. Brace, Burnett, Carroll, Clark, Cluskey, Colyar, Darden, Dupré, Farrow, Foster, Fuller, Garland, Gholson, Gilmer, Hanly, Herbert, J. M. Leach, J. T. Leach, Logan, Marshall, McCallum, Murray, Perkins, Rogers, Simpson, and Smith of North Carolina.

Nays: Barksdale, Bell, Blandford, Chrisman, Clopton, Conrad, Cruikshank, De Jarnette, Dickinson, Elliott, Ewing, Funsten, Gaither, Goode, Gray, Hartridge, Hatcher, Hilton, Johnston, Keeble, Lyon, Machen, Miles, Miller, Pugh, Ramsay, Read, Russell, Sexton, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Villeré, Wickham, Wilkes, and Witherspoon.

So the motion to reconsider was lost.

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The senate have passed a bill (S. 195) to authorize the Secretary of War to negotiate with the governors of the several States for slave labor; in which I am directed to ask the concurrence of this House.

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And they have passed a bill of this House (H. R. 303) for the further organization of the field artillery of the Confederate States.

The Senate have concurred in the amendments of the House of Representatives to the bill (S. 94) to amend the law in relation to the receipt of counterfeit Treasury notes by public officers.

The morning hour having expired,

On motion of Mr. Snead, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate have concurred in the amendments proposed by the House of Representatives to the bill of the Senate (S. 84) to regulate, for a limited period, the compensation of the officers, clerks, and employees of the civil departments of the Government in the city of Richmond, with amendments: in which I am directed to ask the concurrence of this House.

On motion of Mr. Atkins,

The House adjourned until 11 o'clock Monday.

SECRET SESSION.

The House being in secret session, resumed the consideration of the special order, viz:

The bill "to increase the military force of the Confederate States."

Mr. Cruikshank moved the previous question.

No quorum voting,

Mr. Moore moved a call of the House.

Mr. Swan demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 30
• Nays ... 35

Yeas: Baldwin, Blandford, Branch, Bridgers, Horatio W. Bruce, Burnett, Clark, Clopton, Conrow, Cruikshank, Dickinson, Foster, Fuller, Garland, Gholson, Goode, Hartridge, Hatcher, J. M. Leach, Logan, Lyon, Machen, McMullin, Miles, Moore, Perkins, Snead, Swan, Triplett, and Wilkes.

Nays: Akin, Atkins, Barksdale, Bradley, Colyar, Conrad, De Jarnette, Elliott, Ewing, Farrow, Funsten, Gaither, Gilmer, Gray, Hanly, Herbert, Holder, Holliday, Johnston, J. T. Leach, Marshall, McCallum, Menees, Murray, Push, Ramsay, Russell, Sexton, Simpson, J. M. Smith, Staples, Turner, Villeré, Wickham, and Mr. Speaker.

So the House refused a call of the House.

The question recurring on ordering the main question,

Mr. Swan demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 95
• Nays ... 42

Yeas: Akin, Barksdale, Blandford, Clopton, Cruikshank, De Jarnette, Dickinson, Dupré, Ewing, Foster, Garland, Goode, Hartridge, Hilton, Holder, Machen, Menees, Pugh, Simpson, Snead, Staples, Swan, Villeré, Wilkes, and Witherspoon.

Nays: Atkins, Baldwin, Bradley, Branch, Bridgers, Horatio W. Bruce, Burnett, Clark, Colyar, Conrad, Conrow, Elliott, Farrow, Fuller, Funsten, Gaither, Gholson, Gilmer, Gray, Hanly, Hatcher,

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Herbert, Holliday, Johnston, J. M. Leach, J. T. Leach, Logan, Lyon, Marshall, McCallum, McMullin, Miles, Moore, Murray, Perkins, Ramsay, Russell, Sexton, J. M. Smith, Triplett, Turner, and Wickham.

So the main question was not ordered.

Mr. Marshall submitted the following amendment to the amendment of Mr. Swan (in the nature of a substitute):

Strike out the whole thereof and insert the following, viz:

• "1. The President shall call into the military service of the Confederate States such number of the male colored population, whether free or slave, between the ages of eighteen and forty-five years, as may be called for by the General in Chief commanding the armies of the Confederate States and as the President may deem it expedient and conducive to the public interest to use in defense of the country. He is hereby authorized to incorporate the colored people, so called, into the military service, into the Provisional Army of the Confederate States, and to organize them into companies, squadrons, battalions, regiments, brigades, divisions, or otherwise, as to the General in Chief may seem most expedient: Provided, The said organizations shall be commanded only by white commissioned officers, to be assigned from officers now in service or to be appointed by the President, by and with the advice and consent of the Senate, as to the President may seem best for the public service.
• "2. When such troops are mustered into service they shall receive the same clothing, pay, rations, and other allowances as are now given by law to white troops of the Provisional Army, according to the arm of the service to which they may belong, and they shall be subject to such government and discipline as may be prescribed by rules and regulations to be issued by the Secretary of War.
• "3. Departmental generals and brigadiers holding separate commands are authorized to receive into the military service as soldiers all free colored men, between the ages aforesaid, who may offer as volunteers to be mustered into service for the war, and when such volunteer shall have been mustered into service as a soldier, he shall receive the allowances, rations, pay, and clothing given to volunteers who are now in service."

Pending which,

On motion of Mr. Colyar,

The House resolved itself into open session.

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