| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --NINETY-THIRD DAY--MONDAY, February 27, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Dickinson.
Page 654 | Page image
The Chair presented a message from the President; which was read as follows, to wit:
Richmond, Va., February 25, 1865.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate for an additional appropriation required by the War Department.
JEFFERSON DAVIS.
The message and accompanying documents were laid upon the table and ordered to be printed.
The Chair presented a message from the President; which was read as follows, to wit:
Richmond, Va., February 24, 1865.
To the House of Representatives:
In response to your resolution of the 16th of May last, I herewith transmit for your information a copy of my own correspondence, as well as of that of the Secretary of War and of the Adjutant and Inspector General, with Gen. Joseph E. Johnston during the period indicated.
The resolution is in these words:
"Resolved, That the President be respectfully requested, in addition to the correspondence heretofore communicated to Congress between the President and Secretary of War and General Joseph E. Johnston in relation to the conduct of the war in the valley of the Mississippi, to communicate to Congress so much of said correspondence as has not as yet been called for by this House, commencing with a letter of November twenty-fourth, eighteen hundred and sixty-two, addressed by General Johnston to Honorable George W. Randolph, Secretary of War, and including General Johnston's reply to the letter of the President ofJuly last, which closes the published correspondence."
To the copy of General Johnston's letter of August 8 and 20, 1863, which is requested in the latter part of the resolution, has been added a copy of my reply, bearing date September 7, 1863, and closing the correspondence to which it belongs. And with a view to presenting the whole subject at once I have included a copy of the printed correspondence heretofore communicated to Congress, which was published by order of the House and which has been submitted in response to the resolution of December 11, 1863, as follows:
"Resolved, That the President be requested to communicate to this House, if not incompatible with the public interest, the orders given to and correspondence had with General Joseph E. Johnston during the months of May, June, and July, eighteen hundred and sixty-three, concerning his command and the operations in his department."
This communication would have been made at a much earlier date but for the fact that an important paper, which had been handed to me by General Johnston in person at Chattanooga, and in which he objected to sending reenforcements from the Army of Tennessee to that in Mississippi, had been mislaid and seemed necessary to the completeness of the correspondence.
I have not yet been able to recover it, but am unwilling to delay my response to your resolution any longer on that account.
JEFFERSON DAVIS.
The message and accompanying documents were laid upon the table and ordered to be printed.
The Chair presented a message from the President; which is as follows, to wit:
Richmond. Va., February 24, 1865.
To the House of Representatives:
I herewith transmit for your information copies of the correspondence requested in your resolution of the 20th ultimo, as follows, to wit:
"Resolved, That the President be requested to communicate to this House, if not incompatible with the public interest, all the correspondence between himself and General Joseph E. Johnston touching the command and movements of the Army of Tennessee, and all the correspondence between himself and Generals Beauregard and Hood touching the command and movements of the same
Page 655 | Page image
army since the removal of General Johnston from the command of it and up to the retreat of it to the south side of the Tennessee River."
The correspondence of the Secretary of War and of the Adjutant-General will be found combined according to dates.
JEFFERSON DAVIS.
The message and accompanying documents were laid upon the table and ordered to be printed.
The Chair presented a message from the President; which is as follows, to wit:
Richmond, Va., February 22, 1865.
To the House of Representatives:
In response to your resolution of the 25th ultimo, I herewith transmit for your information a communication from the Secretary of War relative to the number of able-bodied men between the ages of 18 and 45 claimed to be exempt from conscription by the governor, laws, and resolutions of the State of Georgia.
JEFFERSON DAVIS.
The Chair laid before the House
A bill (H. R. 348) "to increase the compensation of marshals, criers, jurors, and witnesses,"
which had been returned from the Senate with an amendment.
On motion of Mr. Gholson, the rule requiring the bill and amendment to be referred to a committee was suspended, and the question being on agreeing to the amendment of the Senate, which is as follows, to wit:
In line 2, after the word "until," strike out the words "otherwise directed by law" and insert in lieu thereof the words "the first day of January, eighteen hundred and sixty-five,"
was decided in the affirmative.
The Chair presented
A bill (S. 202) "to authorize the Ordnance Bureau to manufacture alcohol;"
which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill (S. 181) "to amend the law in relation to impressments;" which was read a first and second time and referred to the Special Committee on Impressments.
Also, a 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,'" which had been returned from the Senate with a message disagreeing to the amendment thereto of the House, and asking for a committee of conference.
On motion of Mr. Clark, the House insisted on its amendment to the bill and granted committee of conference asked for.
On motion of Mr. Atkins, the rule was suspended to enable him to report from the Committee on Ordnance and Ordnance Stores, and Mr. Atkins, from that committee, reported and recommended the passage of
A bill "to authorize the Secretary of War to purchase a percussion-cap pressing machine;"
which was read first and second times.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative, and the bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Page 656 | Page image
Mr. Cluskey moved to reconsider the vote by which the bill was passed.
The motion to reconsider was lost.
Mr. Atkins, from the same committee, reported and recommended the passage of
A bill "making appropriation for the purchase of a percussion-cap pressing machine;"
which was read first and second times.
On motion of Mr. Anderson, the rule requiring the bill to be considered in Committee of the Whole was suspended, and the bill was engrossed and read a third time.
The question being put,
Shall the bill pass?
The yeas and nays, as required by the Constitution,
Yeas: Anderson, Atkins, Baldwin, Barksdale, Batson, Blandford, Bradley, Branch, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Dickinson, Elliott, Ewing, Foster, Funsten, Gaither, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Hilton, Holliday, Keeble, J. M. Leach, J. T. Leach, Logan, Lyon, Machen, McCallum, Menees, Miles, Miller, Ramsay, Read, Rogers, Russell, Sexton, J. M. Smith, W. E. Smith, Staples, Swan, Triplett, Wickham, Wilkes, Witherspoon, and Mr. Speaker.
Nays: McMullin.
Two-thirds having voted in the affirmative, the bill was passed, and the title was read and agreed to.
Mr. Clopton moved to suspend the rules, to enable him to report a bill from the Committee on Claims of States.
The motion prevailed, and Mr. Clopton, from the Special Committee on Claims of States, reported and recommended the passage of
A bill "to authorize the President to appoint a commissioner to take proof as to the expenditures made by the State of Tennessee for the benefit of the Confederacy previous to the transfer of her troops to the Confederate Government;"
which was read first and second times.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Clopton moved to reconsider the vote by which the bill was passed.
The motion to reconsider did not prevail.
Mr. E. M. Bruce offered the following resolution:
Resolved, That the Committee on Prisoners and Exchange of Prisoners be instructed to ascertain of the Surgeon-General and Quartermaster-General if the "Winder Hospital" may not be used as a soldiers' home for returned prisoners, or that other arrangements can be made to promote the comfort of returned prisoners, and report to this House at the earliest practicable moment.
Mr. W. E. Smith moved to amend the resolution by adding at the end thereof the words "and why such prisoners are not paid."
The amendment was agreed to and the resolution as amended was adopted.
Mr. McMullin presented a Series of resolutions from Forsberg's brigade; which were laid upon the table and ordered to be printed.
Page 657 | Page image
Mr. Foster presented the memorial of J. W. Garth for compensation for damages done him by Confederate soldiers; which was referred to the Committee on Claims.
Mr. Baldwin presented a resolution of the legislature of Virginia concerning impressments; which was referred to the Committee on Impressments.
Also, resolutions of Company H, Twelfth Virginia Cavalry, concerning exemptions; which were referred to the Committee on Military Affairs.
On motion of Mr. Hanly, the rule was suspended to enable him to report from the Committee on Indian Affairs, and Mr. Hanly, from that committee, to whom had been referred
A bill "to provide for paying, in cotton, the annuities due the Creek Nation of Indians," and
A bill "to provide for paying, in cotton, the annuities due the Seminole Nation of Indians,"
reported the same back with the recommendation that the committee be discharged from their further consideration, and that the bills do lie on the table; which was agreed to.
Mr. Hanly, from the same committee, reported and recommended the passage of
A bill "to provide for paying, in cotton, the annuities due the Seminole, Creek, Choctaw, and Chickasaw nations of Indians;"
which was read first and second times, engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Hanly moved to reconsider the vote by which the bill was passed.
The motion to reconsider did not prevail.
On motion of Mr. Funsten, the rule was suspended to enable him to report from the Committee on Flag and Seal, and Mr. Funsten, from that committee, to which had been referred a bill (S. 137) "to establish the flag of the Confederate State," reported the same back and recommended its passage.
The bill was read a third time and passed, and a motion to reconsider the vote by which it was passed did not prevail.
Mr. Boyce offered the following resolution; which was unanimously adopted, to wit:
Resolved, That Admiral Franklin Buchanan be invited to a seat on the floor of this House during his stay in the city.
Mr. Marshall, from the committee of conference on the disagreeing votes of the two Houses on a 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," made the following report; which was adopted, to wit:
The undersigned, managers on the part of the Senate and the managers on the part of the House of Representatives in the conference between the two Houses on their disagreeing votes on Senate bill 117, having met and conferred, have come to an agreement thereon, which they report and recommend for adoption.
Page 658 | Page image
by this statute shall have no jurisdiction to try offenses committed by them."
Senate.
House.
Mr. Read presented the memorial of Capt. W. Johnston, praying relief for public property destroyed by public enemy while in his posSession; which was referred to the Committee on Claims.
Mr. Staples presented the memorial of Col. Samuel McClung, for compensation for damage inflicted upon him by the public enemy; which was referred to the Committee on Ways and Means.
Also, the petition of R. A. Richardson. praying relief from taxation for the people of Mercer County, Va.; which was referred to the Committee on Ways and Means.
On motion of Mr. Wickham, the Calendar was postponed, and the House proceeded to the consideration of a bill "to provide payment for horses killed or lost in the service of the Confederate States."
The bill was engrossed, read a third time, and passed, and a motion to reconsider the vote on the passage of the bill did not prevail.
On motion of Mr. Miles, the Calendar was further postponed, and the House took up for consideration
A bill "to change the mode of filling vacancies among the commissioned officers of companies, battalions, and regiments."
Mr. Marshall moved to strike out the second section of the bill; which reads as follows, to wit:
That when any vacancy above the lowest grade of commissioned officer shall occur in a company, the lieutenant-colonel, colonel, or other commanding officer of the battalion or regiment shall nominate the person to fill the same, who, if approved by the commander of the brigade to which the battalion or regiment belongs, and by the general commanding the separate army or department in which the brigade is serving, shall forthwith be assigned by the general to the vacant position, subject to the subsequent appointment by the President, by and with the advice and consent of the Senate.
Upon which motion Mr. Clark demanded the yeas and nays:
Which were ordered,
Yeas: Anderson, Atkins, Blandford, Branch, Burnett, Chrisman, Clark, Cluskey, Cruikshank, Darden, Elliott, Fuller, Gilmer, Gray, Hanly, Herbert, J. M. Leach, J. T. Leach, Logan, Marshall, McCallum, Menees, Rogers, J. M. Smith, Triplett, Wilkes, and Witherspoon.
Nays: Baldwin, Batson, Bridgers, Carroll, Chilton, Clopton, Conrow, Dickinson, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Hartridge, Hilton, Johnston, Lyon, Machen, McMullin, Miles, Pugh, Simpson, W. E. Smith, Snead, and Villeré.
The motion did not prevail.
The question being on ordering the bill to be engrossed for a third reading,
Mr. Marshall demanded the yeas and nays thereon:
Which were ordered,
Page 659 | Page image
Yeas: Anderson, Atkins, Baldwin, Barksdale, Batson, Bridgers, Horatio W. Bruce, Carroll, Clopton, Cluskey, Conrow, Dickinson, Ewing, Foster, Fuller, Gaither, Gholson, Gilmer, Goode, Hartridge, Herbert, Hilton, Holliday, Johnston, Keeble, Lyon, Machen, McMullin, Miles, Pugh, Simpson, W. E. Smith, Snead, and Villeré.
Nays: Blandford, Bradley, Branch, Burnett, Chrisman, Clark, Colyar, Cruikshank, Darden, Elliott, Funsten, Gray, Hanly, J. M. Leach, J. T. Leach, Logan, Marshall, McCallum, Menees, Murray, Ramsay, Rogers, Russell, J. M. Smith, Triplett, Turner, Wilkes, and Witherspoon.
And the bill was engrossed and read a third time.
The question recurring on the passage of the bill, and being put,
Shall the bill pass?
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Baldwin, Barksdale, Batson, Bridgers, Eli M. Bruce, Horatio W. Bruce, Carroll, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Gaither, Gholson, Gilmer, Goode, Hartridge, Hatcher, Herbert, Holliday, Johnston, Lyon, Machen, McMullin, Miles, Miller, Pugh, Simpson, W. E. Smith, Snead, and Villeré.
Nays: Atkins, Blandford, Bradley, Branch, Burnett, Chrisman, Clark, Colyar, Cruikshank, Darden, Elliott, Fuller, Gray, Hanly, J. M. Leach, J. T. Leach, Logan, Marshall, McCallum, Menees, Murray, Ramsay, Rogers, Russell, J. M. Smith, Staples, Triplett, Turner, and Witherspoon.
So the bill was passed, and the title was read and agreed to.
A motion to reconsider the vote by which the bill was passed did not prevail.
Mr. Cluskey offered the following resolution:
Whereas Henry S. Foote, a member of this House from the Fifth Congressional district of Tennessee, has absented himself from the House, avowing his purpose, in the presence of the same, not to "appear in the body again under any circumstances whatever," and passed, without proper authority, into the country of the enemy, in contempt of a previous arrest for having attempted the same offense, evincing by his conduct a purpose not again to return to the discharge of his representative duties, and to sever all connection with the Confederacy: Therefore,
Resolved, That the said Henry S. Foote, having forfeited his right to sit in this body as a Representative aforesaid, is hereby expelled therefrom; that the Speaker notify the governor of Tennessee of the action of this House, that an election may ensue to fill the vacancy occasioned by the same.
Mr. McMullin moved to refer the resolution to the Committee on Elections.
The motion was lost.
Mr. Sexton moved that there be a call of the House; which was agreed to.
Upon a call of the roll the following members answered to their names, respectively:
PRESENT.
Messrs. Anderson, Atkins, Baldwin, Barksdale, Batson, Blandford, Bradley, Branch, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett,
Page 660 | Page image
Carroll, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshanks, Darden, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Holliday, Johnston, Keeble, J. M. Leach, Logan, Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miles, Miller, Murray, Pugh, Ramsay, Read, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Staples, Swan, Triplett, Turner, Villeré, Wickham, Wilkes, Witherspoon, and Mr. Speaker.
ON LEAVE.
Messrs. Akin, Ayer, Bell, Chilton, Echols, Heiskell, Holder, Kenner, Lamkin, Lester, Montague, Norton, Orr, Rives, Shewmake, Singleton, Welsh, Whitfield, and Wright.
EXCUSED.
Mr. Conrad.
Mr. Smith of North Carolina moved that all further proceedings under the call be dispensed with.
The motion was lost.
The following members having been brought to the bar of the House by the Doorkeeper, were, upon motion, excused for nonattendance upon the call of the House, and discharged from custody, to wit: Messrs. J. T. Leach, Boyce, and Moore.
On motion of Mr. Clark, further proceedings under the call were suspended, and the question recurring upon the adoption of the resolution of Mr. Cluskey,
Mr. Cluskey demanded the yeas and nays;
Which were ordered,
Yeas: Anderson, Atkins, Barksdale, Batson, Blandford, Boyce, Bradley, Branch, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Chrisman, Clark. Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, Keeble, J. M. Leach, Logan, Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miles, Miller, Moore, Murray, Pugh, Read, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Staples, Swan, Triplett, Villeré, Wickham, Wilkes, Witherspoon, and Mr. Speaker.
Nays: None.
So the resolution was adopted, two-thirds of the House having voted in the affirmative.
Mr. H. W. Bruce presented resolutions of Lewis' brigade; which were laid on the table and ordered to be printed.
The following messages were received from the Senate, by Mr. Nash, their Secretary; which are as follows, to wit:
Mr. Speaker: The Senate have agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the 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.
Page 661 | Page image
Mr. Speaker: The Senate have concurred in the amendment of the House of Representatives to the bill (S. 169) to abolish the office of certain quartermasters and assistant quartermasters, commissaries red assistant commissaries, and to provide for the appointment of bonded agents in said departments.
And they have rejected the bill of the House of Representatives (H. R. 191) to facilitate the settlement of claims of deceased officers and soldiers.
The House proceeded to the consideration of
A bill "authorizing the promotion of officers, noncommissioned officers, and privates for distinguished valor and skill, and for peculiar competency and general merit."
The bill was engrossed, read a third time, and passed, and the title was read and agreed to, and a motion to reconsider the vote by which the bill was passed did not prevail.
The House took up for consideration the special order, viz:
A bill "to amend an act to provide revenue from commodities imported from foreign countries, approved May twenty-first, eighteen hundred and sixty-one."
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
On motion of Mr. Hanly, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.
A message was received from the President, by his Private Secretary, Mr. Harrison, informing the House that the President, on the 25th instant, had approved and signed.
And on motion of Mr. Pugh,
The House adjourned until 11 o'clock a. m. to-morrow,
SECRET SESSION.
The House being in secret session,
Mr. McMullin moved to remove the injunction of secrecy from the proceedings on a bill "to provide transportation for Senators, Representatives, and Delegates in Congress to their respective places of residence, and to increase, for a limited time, their salaries."
Mr. Snead called the question; which was ordered.
Mr. McMullin demanded the yeas and nays; which were not ordered, and the motion was agreed to.
On motion of Mr. Atkins, the injunction of secrecy was removed from the proceedings on a bill "to increase the military force of the Confederate States."
Mr. Miles moved to reconsider the vote by which the motion of Mr. McMullin was agreed to.
Mr. Smith of North Carolina moved to take up for consideration his motion to reconsider the vote by which the House refused to reconsider the motion removing the injunction of secrecy on the bill "to suspend the privilege of the writ of habeas corpus."
The motion was lost, and the House proceeded to the consideration of the special order; which was a bill "to amend an act to organize forces to serve during the war."
Page 662 | Page image
Mr. J. M. Smith moved to postpone indefinitely the further consideration of the bill.
Pending which,
A message was received from the Senate, by Mr: Nash, their Secretary; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of this House (H. R. 392) to provide transportation for Senators, Representatives, and Delegates in Congress to their respective places of residence, and to increase, for a limited time, their salaries.
And on motion of Mr. Sexton,
The House resolved itself into open session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |