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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 --NINETY-FOURTH DAY--TUESDAY, February 28, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Jeter.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Moore presented resolutions of Duke's cavalry brigade; which were laid on the table and ordered to be printed.
The House proceeded to the consideration of the unfinished business; which was a bill (S. 172) "to,extend an act entitled 'An act to graduate the pay of general officers,' approved June tenth, eighteen hundred and sixty-four."
On motion of Mr. Foster, the bill was recommitted to the Committee on Military Affairs.
Mr. Miles, from the Committee on Military Affairs, to which had been referred a memorial of Capt. John T. Averett, assistant quartermaster, praying relief on account of public money stolen from him, reported the same back with a recommendation that the committee be discharged from its further consideration, and the memorial be referred to the Committee on Claims: which was agreed to.
The Chair presented a message from the President; which is as follows, to wit:
Richmond, Va., February 27, 1865.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Postmaster-General relative to an act fixing the salaries of certain civil officers in the Trans-Mississippi Department, and invite your attention to his suggestions, with a view to further legislation on the subject, if you deem it necessary.
JEFFERSON DAVIS.
The message and accompanying documents were referred to the Committee on Post-Offices and Post-Roads.
Mr. J. M. Smith, from the Military Committee to which had been referred a bill (S. 189) "to amend the several acts for the establishment and organization of a general staff for the armies of the Confederate
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States" reported the same back with the recommendation that the committee be discharged from its further consideration, and that the bill do lie on the table; which was agreed to.
Mr. Branch, from the same committee, reported and recommended the passage of
A bill "to provide for the payment of the amounts due certain officers and privates who are prisoners of war;"
which was read first and second times, engrossed, read third time, and passed.
Mr. J. M. Smith, from the same committee, to which had been referred a bill (H. R. 350) "to diminish the number of exemptions and details," returned from the Senate with sundry amendments, reported the same back with the recommendation that the House do not concur in the amendments of the Senate.
The question being on agreeing to the first amendment of the Senate, which is as follows:
Insert at end of first section: "and said persons shall be liable to military service upon the expiration of the time for which they secured exemption, by reason of having executed bonds for one year from the date thereof: Provided, That exemptions of persons over forty-five years of age may be granted under the provisions of the act aforesaid,"
The same was disagreed to.
The question being on agreeing to the second amendment of the Senate, which is as follows, to wit:
Insert after the word "of," line 5, section 2, the word "laborers,"
Mr. McMullin moved to amend the same by striking out "laborers" and inserting in lieu thereof the word "agriculturists."
The amendment was lost, and the amendment of the Senate was disagreed to.
The remaining amendments of the Senate were disagreed to; which are as follows, to wit:
Insert after the word "the," in line 6, section 2, the Words "Confederate or State."
Insert after the word "be," in line 7, section 2, the words "such laborers."
Strike out, in line 10, commencing with the word "the" to the end of section 2.
Strike out third section and insert in lieu thereof as follows, to wit:
"That all skilled artisans and mechanics who are engaged in the employment of the Government of the Confederate States are hereby exempt from all military service: Provided, That persons whose services, labor, or skill may be more usefully employed for the public good at home than in the field, to be determined by the Secretary of War, on the sworn testimony of disinterested witnesses, may be detailed under such rules and regulations as be may prescribe; and the names of all persons so exempted or detailed shall be submitted to Congress at the beginning of each session."
On motion of Mr. J. M. Smith, it was ordered that a committee of conference be asked for of the Senate on the disagreeing votes of the two Houses.
Mr. Swan, from the Committee on Military Affairs, reported and recommended the passage of
A bill "to organize a military court for western North Carolina;" which was read first and second times, engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Marshall, from the Committee on Military Affairs, to which had been referred a bill (S. 191) "to abolish the office of all officers
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engaged in discharging the duties of provost-marshals, except within the lines of an army in the field," reported the same back with the recommendation that it do pass with an amendment.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
And the question recurring on agreeing to the amendment of the committee, which was to strike out all of the bill after the enacting clause, which reads as follows, to wit:
That the office of all officers now engaged in performing the duties of provost-marshals outside the lines of an army in the field be, and the same is hereby, abolished: Provided, That all officers who may have been disabled and assigned to the discharge of these duties shall not lose their commissions, but be assigned to other duties.
That all officers whose offices are abolished by this act shall have the right, within thirty days, to volunteer in [any] arm of the service from their respective States,
and insert in lieu thereof the following, to wit:
The general commanding an army in the field or a military department shall alone have the authority to fill the office of provost-marshal when that officer is to be detached from his command. The provost-marshal may be appointed by the general commanding an army or military department to act within the lines of the army or department at such military posts, or with such parts of the army as the general commanding may in published orders declare it to be essential to the good of the public service that such officer shall be stationed; but no one shall be appointed to perform the duties or to fill the office of provost-marshal (except at the headquarters of the army or department) but a commissioned officer who has been disabled for active duty in the field, or a retired officer, or an officer over forty-five years of age, nor shall a provost marshal be appointed in a town not at the time occupied as a military post or by a military force of the army to which the provost-marshal belongs, nor to a place lying outside of the lines of the army.
The duty of a provost-marshal shall be to take charge of prisoners in camp or at posts who are committed to his custody by regular legal military authority, and to execute such duties in connection with prisoners and other offenders against the articles of war and the rules and regulations of the Army, and such other duties connected with the police and discipline of the camp or post as may in published orders be given in charge to the provost-marshal by the general commanding the army or department.
Officers who have nor been disabled by service for active duty in the field. who have heretofore been discharging the functions of provost-marshals, or commanding or connected with provost guards, shall have the right, within thirty days after the passage of this act, to volunteer in any arm of the service from their respective States; others who have been disabled by service for active field duty may be reassigned to provost duty, in conformity with this act, by the general commanding an army or department.
All other provost-marshals throughout the Confederacy than such as are indicated by this act are hereby abolished.
The same was agreed to, and the bill as amended was read a third time and passed, and the title was read and agreed to.
Mr. Marshall, from the Same committee, to which had been referred a bill (S. 197) "declaring certain persons liable to duty in the reserve forces of the respective States," reported the same back with the recommendation that the committee be discharged from its further consideration, and that the bill do lie on the table.
Upon which Mr. Clopton demanded the yeas and nays;
Which were ordered,
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Yeas: Atkins, Blandford, Branch, Burnett, Cluskey, Colyar, Hilton, Keeble, Machen, Marshall, Menees, Moore, Murray, Russell, J. M. Smith, W. E. Smith, Swan, Triplett, and Villeré.
Nays: Batson, Boyce, Bradley, Carroll, Chrisman, Clark, Clopton, Conrow, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Johnston, J. M. Leach, J. T. Leach, Logan, Lyon, McMullin, Miles, Pugh, Ramsay, Simpson, Smith of North Carolina, Staples, Wickham, Wilkes, and Witherspoon.
And the House refused to lay the bill on the table.
Mr. Marshall moved to recommit the bill to the Committee on Military Affairs.
The motion was lost.
The question being upon postponing the bill and placing it on the Calendar,
It was decided in the negative.
The morning hour having expired,
Mr. Marshall moved that the Calendar be postponed until the bill under consideration was disposed of.
The motion prevailed.
Mr. Swan moved to amend the bill by adding thereto the following proviso:
Provided, No provision has been made for the organization of the reserves of the States from which the person is an exile or fugitive.
The amendment was not agreed to.
Mr. J. T. Leach moved to amend the bill by inserting after the words "Confederate States" the words "or from any of the United States."
The amendment was lost.
Mr. Moore moved to amend by adding at the end of the bill the following proviso:
That the President shall have power to exempt from military service such of the persons embraced in the provisions of this act as are over forty-five years of age, where it shall appear by satisfactory proof that there exists such a necessity as ought to exempt such person.
Mr. Conrow demanded the previous question.
The main question was ordered, and the amendment of Mr. Moore was lost.
The bill was read a third time.
The question recurring and being put,
Shall the bill pass?
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Baldwin, Batson, Boyce, Bradley, Bridgers, Carroll, Chrisman, Clopton, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Gholson, Gilmer, Goode, Gray, Hatcher, Hilton, Johnston, J. M. Leach, J. T. Leach, Logan, Lyon, McMullin, Miles, Perkins, Pugh, Ramsay, Russell, Simpson, Snead, Staples, Triplett, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Barksdale, Blandford, Eli M. Bruce, Horatio W. Bruce,
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Chambers, Cluskey, Colyar, Hanly, Herbert, Keeble, Marshall, McCallum, Menees, Moore, J. M. Smith, W. E. Smith, and Swan.
And the bill passed, and the title was read and agreed to, and a motion to reconsider the Vote on the passage of the bill did not prevail.
On motion of Mr. Marshall, the Calendar was postponed.
Mr. Marshall moved to suspend the rule, to enable him to offer a bill.
The motion was agreed to, and Mr. Marshall introduced
A bill "to prevent improper communication of intelligence to the public enemy;"
which was read first and second times and referred to the Committee on Military Affairs.
On motion of Mr. Miles, the Calendar was postponed to enable him to report from the Committee on Military Affairs.
Mr. Miles, from the Committee on Military Affairs, to which had been referred joint resolution (S. 39) "construing the act of May thirty-first, eighteen hundred and sixty-four, to provide for the appointment of a disbursing clerk in the War Department," reported the same back with the recommendation that it pass.
The question being on postponing the joint resolution and placing it on the Calendar,
It was decided in the negative, and the joint resolution was read a third time and passed.
A motion to reconsider the vote on the passage of the same did not prevail.
Mr. E. M. Bruce presented resolutions of Duke's brigade; which were laid on the table and ordered to be printed.
Mr. Miles, from the Committee on Military Affairs, to which had been referred a bill (S. 160) "to allow missionaries in the Army rations, and, in certain cases, forage for one horse to post chaplains," reported the same back with the recommendation that it pass with amendments.
The question being on postponing the bill.
It was decided in the negative.
The question recurring on agreeing to the amendments of the committee, which are as follows, to wit:
Strike out, in lines 4 and 5, the words "shall for the time of their service be considered as employees of the Government and."
Strike out, from seventh to twelfth lines, the words "and chaplains, whilst serving at posts, shall be entitled to forage for one horse when the commandant of said post shall certify that it is necessary said chaplain should keep a horse to enable him to efficiently discharge his duties."
The same were agreed to, and the bill was read a third time and passed, and the title was read and agreed to, and a motion to reconsider the vote on the passage of the bill was lost.
Mr. Miles, from the same committee, to which had been referred a bill (S. 195) "to authorize the Secretary of War to negotiate with the governors of the several States for slave labor," reported back the same with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
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Mr. Marshall moved to amend the bill by adding at the end thereof the following words:
Provided, The sum paid to owners for said slaves shall not exceed the wages per month allowed to soldiers in the Army.
Upon which Mr. Marshall demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Batson, Bradley, Branch, Bridgers, Eli M. Bruce, Burnett, Carroll, Chambers, Clark, Cluskey, Conrow, Cruikshank, De Jarnette, Dickinson, Foster, Fuller, Funsten, Gaither, Goode, Hanly, Johnston, J. T. Leach, Logan, Marshall, McCallum, McMullin, Pugh, Ramsay, Russell, J. M. Smith, Smith of North Carolina, Snead, Triplett, Turner, Villeré, and Wilkes.
Nays: Blandford, Boyce, Horatio W. Bruce, Clopton, Dupré, Farrow, Gholson, Gray, Hartridge, Hatcher, Herbert, Miles, Sexton, Simpson, W. E. Smith, Wickham, and Witherspoon.
The amendment was agreed to, and the bill as amended was read a third time.
The question recurring and being put?
Shall the bill pass?
Mr. Miles demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Batson, Boyce, Bradley, Eli M. Bruce, Horatio W. Bruce, Carroll, Chambers, Clopton, Cluskey, Conrow, Cruikshank, De Jarnette, Dickinson, Foster, Gaither, Gholson, Gilmer, Goode, Hartridge, Hatcher, Hilton, Johnston, Marshall, McCallum, Miles, Moore, Murray, Pugh, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Swan, Triplett, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Dupré, Farrow, Fuller, Gray, Herbert, J. M. Leach, J. T. Leach, Logan, and Ramsay.
So the bill was passed, and the title was read and agreed to, and a motion to reconsider the vote on the passage of the same did not prevail.
On motion of Mr. Baldwin, the rules were suspended to enable him to introduce a bill, and Mr. Baldwin introduced
A bill "to regulate the compensation of the State collector of Virginia;"
which was read first and second times.
On motion of Mr. Baldwin, the rule was suspended requiring the bill to be referred to a committee, and the bill was engrossed, read a third time, and passed.
The title was read and agreed to, and a motion to reconsider the vote on the passage of the same did not prevail.
Mr. Miles, from the same committee, to which had been referred a bill (S. 106) "to modify and amend an act to regulate the destruction of property, under military necessity, and to provide for the indemnity thereof, approved March seventeenth, eighteen hundred and sixty-two," reported the same back with the recommendation that it pass with amendments.
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The question being on postponing the bill and amendments and placing the same on the Calendar.
It was decided in the negative.
The question recurring on agreeing to the amendments of the committee, which are as follows, to wit:
Strike out "may," after "situation," in the ninth line, and insert in lieu thereof the word "shall."
Insert after the word "time," in the fifteenth line, the words "to be fixed by the general commanding,"
The same were agreed to, and the bill as amended was read a third time and passed, and a motion to reconsider the vote on the passage of the bill did not prevail.
Mr. Miles, from the same committee, to which had been referred a bill (S. 194) "to provide for promotion of officers in certain eases," reported the same back with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative, and the bill was read a third time and passed.
Mr. Miles, from the same committee, to which had been referred a 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,'" reported the same back, asked to be discharged from its further consideration, and that the bill be referred to the Committee on the Judiciary; which was agreed to.
Mr. Miles, from the same committee, to which had been referred resolutions of the Fifth Regiment South Carolina Volunteers, reported the same back with the recommendation that they be laid on the table and printed; which was agreed to.
Mr. Gholson presented resolutions of a meeting of the citizens of Caroline County, Va.; which were laid on the table and ordered to be printed.
Mr. Miles, from the Military Committee, reported back a memorial in relation to Carkeet's iron wrought cannon, with the recommendation that the committee be discharged from its further consideration, and that it do lie on the table; which was agreed to.
On motion of Mr. Snead, the Calendar was postponed.
Mr. Snead moved to suspend the rules, to enable him to offer a resolution.
The motion did not prevail.
Mr. Herbert moved to suspend the rules, to enable him to move to take up from the table a bill for consideration.
The motion prevailed, and Mr. Herbert moved to take from the table for consideration
A bill "to provide for the auditing and payment of properly authenticated claims."
The motion was agreed to, and the House proceeded to the 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 the following title, viz:
In which I am directed to ask the concurrence of this House.
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Mr. Herbert moved to amend the bill by striking out all of the same, which is as follows:
The Congress of the Confederate States of America do enact, That the Secretary of the Treasury do cause all such claims for cotton sold and delivered to the said W. J. Hutchins, for the use of the Confederate States, to be examined and audited by the proper accounting officer of the Trans-Mississippi Department, according to such regulations as he may deem just and proper, and that there be paid therefor just compensation out of any funds appropriated thereto,
The Congress of the Confederate States of America do enact, That the Secretary of the Treasury do cause all such claims for cotton sold and delivered to the said W. J. Hutchins and W. A. Broadwell for the use of the Confederate States, to be examined and audited by the proper accounting officer of the Trans-Mississippi Department, and upon the surrender of the certificates, the agent of the Treasury in the Trans-Mississippi Department shall pay the holders thereof the amounts due on said certificates, according to the terms and contract, as contained in said certificates.
That the sum of five million of dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated to carry out the provisions of this act.
Mr. Dupré moved to amend the amendment of Mr. Herbert by inserting after the word "Broadwell," in section 1, the words "and other cotton agents."
Mr. McMullin moved to refer the bill and amendments to the Committee on Ways and Means.
Pending which,
The Chair [laid before the House]
A bill (S. 208) "to provide for returned prisoners of war;"
which was read first and second times.
On motion of Mr. Clark, the rule was suspended requiring the bill to be referred to a committee.
Mr. Perkins moved to amend the bill by striking out the word "it," in the fifth line, and inserting in lieu thereof the word "to."
The amendment was agreed to, and the bill as amended was engrossed, read a third time, and passed.
The Chair announced as managers on the part of the House on the disagreeing votes of the two Houses on 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,' approved June fourteenth, eighteen hundred and sixty-four:"
Messrs. Clark of Missouri, Cluskey of Tennessee, and Bridgers of North Carolina.
And on motion of Mr. Gray,
The House adjourned until 11 o'clock a. m. to-morrow.
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