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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-SIXTH DAY--THURSDAY, March 2, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Dickinson.
The Chair presented a letter from Mr. William C. Rives, which, together with an accompanying card, were. on motion of Mr. Staples, ordered to be spread on the Journal of the House, and are as follows, to wit:
Richmond, Va., March 1, 1865.
My Dear Sir: Under a painful experience of my utter inability, from long-continued ill health and the increasing infirmities of age, to fill the responsible and important duties of the representative station with which I have been honored, I have felt constrained, as you will perceive from the accompanying letter this day addressed to my constituents, to resign into their hands the trust received from them. In making this annunciation to you, allow me, with my ardent and constant prayers for the success of the great cause in which we are engaged, to add the expression of my best wishes for the health and happiness of yourself and of the members individually over which you preside.
I have the honor to be, with great respect, your most obedient servant,
W. C. RIVES.
To the Voters of the Seventh Congressional District of Virginia:
Fellow-Citizens: The shattered condition of my health, with my advanced age, considerably transcending the three score years and ten allotted to man, having disqualified me for the discharge of the representative duties which you did me the honor two years ago by an unsolicited choice to confide to me, I feel constrained by a sense of duty and propriety to resign into your hands the trust I then received from you, and which I am now physically incapable of executing. I have honestly and faithfully endeavored to serve you according to the measure of my ability; but as I apprehended, when you called me from my retirement, my strength and constitution have utterly sunk under the attempt. For the last six weeks I have been confined to my bed by a severe and complicated illness, and the consequence has been. much to my chagrin and regret, that you have been unrepresented in Congress on some of the most important questions which have occupied the attention of that body during its present session.
At my time of life, and with the shock already received by repeated attacks of disease brought on in the public service during the last three or four years, I have no right to expect, whatever may be the result of my present illness, that in the future I shall be better able to serve you than at present. Your interests and the interests of the great cause in which we are engaged are of too important a character to be committed to so precarious and feeble a guardianship. The labors of the present session of Congress drawing to a close and the period of the general State elections being at hand, when my place can be supplied without putting you to the trouble of a special election, I have the moment most suitable for resigning into your hands, as I do now, the remnant of my representative term.
One word more, which my strength permits in conclusion. Besides the grateful recollection I shall always cherish of the confidence and encouragement with which you have sustained me through a long career of public service, we shall still be bound together by common sentiments and common interests in the future as in the past. My constant prayer shall be to make that future as propitious
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and glorious as heart can wish. But whatever it be, I share it with you. "Whither thou goest I will go; where thou lodgest I will lodge; thy people shall be my people, and thy God my God; and where thou diest I will die; and there will I he buried."
Your friend and servant,
W. C. RIVES.
Richmond, March 1, 1865.
Mr. Miles. from the Committee on Military Affairs, to which had been referred
A bill "to amend the act of February seventh, eighteen hundred and sixty-three, so as to allow commutation to soldiers for the war who have received no furlough,"
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 engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Perkins, from the Committee on Foreign Affairs, to which had been referred a resolution "in favor of peace," reported the same back with the recommendation that the committee be discharged from its further consideration, and that it do lie on the table; which was agreed to.
Mr. Boyce, from the Committee on Naval Affairs, to which had been referred a bill (S. 193) "to increase the pay of assistant paymasters in the Provisional Navy," 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, and the title was read and agreed to.
Mr. Boyce, from the same committee, reported back, with the recommendation that the committee be discharged from the further consideration thereof, the following resolutions and memorials, to wit:
Mr. Russell, from the Committee on the Judiciary, to which had been referred
A bill "to provide for the settlement of matters of account growing out of the purchase of property, as alleged by the purchasers, for the use of the Government by Payne & Co., in the State of Texas,"
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.
Mr. Russell moved to amend the bill by adding at the end thereof the words:
But no judgment shall be rendered in favor of said Payne & Company for any surplus over the amount necessary to satisfy the claims of such other parties, if it shall be shown that they have used counterfeit money as aforesaid.
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The amendment was agreed to, and the bill as amended 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 bill did not prevail.
Mr. Russell, from the same committee, to which had been referred
A bill "requiring suit to be brought against persons connected with the Cotton Bureau and Cotton Office in Texas."
reported the same back with the recommendation that it do pass with an amendment.
The question being on postponing the bill, and the question recurring on agreeing to the amendment of the committee, which is as follows, to wit:
In section 1, third line, after the word "Texas," insert "if it shall appear that a case has arisen to which the judicial power of the Confederate States extends,"
The same was agreed to.
Mr. Herbert moved to amend by filling the blank in the bill with the word "western."
The amendment was agreed to, and on motion of Mr. Baylor, the bill was laid on the table and ordered to be printed.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, to wit:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
The Senate have concurred in the amendments of this House to the following bills, viz:
And they have rejected the following bills of this House, viz:
The Senate have passed, with an amendment, a bill of this House of the following title, viz:
In which I am directed to ask the concurrence of this House.
The Senate have concurred in the amendment of this House to the bill (S. 195) to authorize the Secretary of War to negotiate with the governors of the several States for slave labor.
The President of the Confederate States has notified the Senate that on the 18th instant he approved and signed the following acts and joint resolutions:
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Archer, composed of Tennessee and Maryland troops, now in the Army of Northern Virginia; and
That on the 23d instant he approved and signed the following acts:
That on the 24th instant he approved and signed a joint resolution (S. 22) exempting maple sugar from the tithe imposed by the act entitled "An act to amend an act entitled 'An act to lay taxes for the common defense and carry on the Government of the Confederate States,' approved April twenty-fourth, eighteen hundred and sixty-three," approved February 17, 1864.
And that on the 25th instant he approved and signed the following acts:
Mr. Russell, from the same committee, reported back, with the recommendation that the committee be discharged from the further consideration of the same, sundry bills and resolutions; which was agreed to, and the bills and resolutions are as follows:
An act "to amend the sequestration laws of the Confederate States;"
Resolution "in relation to increasing the salary of the judge of the Confederate distract court for the eastern district of Virginia;"
Similar resolution "in relation to the judge of the northern district of Florida;"
A bill "to increase the salary of the judge of the district court of the Confederate States for the district of Georgia;"
A bill "to extend the jurisdiction of the military courts of the Confederate States;" and
Resolution "in relation to sequestrating property of citizens of the Confederate States who have gone abroad to avoid military duty."
Mr. Russell, from the same committee, to which had been referred
Joint resolution "in relation to impressments,"
reported the same back with the recommendation that the committee be discharged from its further consideration, and that it be referred to the Special Committee on Impressments; which was agreed to.
Mr. Russell, from the same committee, to which had been referred
A bill "to fix the salary of district attorneys of the Confederate States,"
reported the same back with the recommendation that it do pass with an amendment.
The question being on postponing the bill,
It was decided in the negative.
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The question recurring on agreeing to the amendment of the committee, which is as follows, to wit:
Strike out all of the original hill, which Is as follows, to wit:
"The Congress of the Confederate States of America do enact, That section thirty-one of an act to establish the judicial courts of the Confederate States of America, approved March sixteenth, eighteen hundred and sixty-one, be so amended as to provide that the salaries of the district attorneys of the Confederate States for each district shall be twenty-five hundred dollars in addition to the fees now allowed by law: Provided, That their compensation shall in no case exceed five thousand dollars, including fees.
"That the district attorney shall receive ten dollars for each day's attendance on an examination before a commissioner of the district court when the Confederate States is a party.
"This act shall be in force from and after its passage,"
and insert in lieu thereof the following:
"The Congress of the Confederate States of America do enact, That hereafter, during the present war, each district attorney of the Confederate States shall be allowed and paid a salary of five hundred dollars per annum, payable quarterly out of the Treasury, besides the fees allowed by law, and shall be allowed a fee of ten dollars a day on a reference from the court to a master or commissioner or for before a commissioner in any case in which the Confederate States shall be concerned: Provided, That the amount of compensation to be received and retained by any such attorney from salary and fees shall not exceed five thousand dollars,"
The same was agreed to, and the bill as amended was engrossed, read a third time, and passed.
Mr. Russell moved to amend the title by striking out the whole of the same and inserting in lieu thereof
A bill to increase the compensation of district attorneys.
The amendment was agreed to, and the title as amended was adopted.
Mr. Russell, from the same committee, reported and recommended the passage of
A bill "to make rules concerning captures on land;"
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 third time, and passed, and the title was read and agreed to.
Mr. Russell, from the same committee, reported and recommended the passage of
A joint resolution "respecting a census;"
which was read first and second times.
The question being on postponing the joint resolution and placing it on the Calendar,
It was decided in the negative.
Mr. Clark moved to reconsider the vote just taken.
The motion did not prevail, and the joint resolution was engrossed, read a third time, and passed, and the title was read and agreed to.
The morning hour having expired,
Mr. Cluskey, under a suspension of the rules, introduced
A bill "further to amend the act to provide an invalid corps, approved February seventeenth, eighteen hundred and sixty-four;" which was read first and second times.
On motion of Mr. Cluskey, the rule requiring the bill to be referred to a committee was suspended.
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Mr. Holliday moved to amend the bill by adding at the end thereof the following:
and also to officers who, on the organization of the Army, declined election on account of disability.
The amendment was agreed to, and the bill as amended was engrossed, 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.
Under a suspension of the rules, Mr. Holliday offered the following resolution; which was adopted, to wit:
Resolved, That the President be respectfully requested to communicate to this House any information he may have in regard to the recent execution of John Y. Beall, of Jefferson County, Virginia, by the authorities of the Federal Government, and whether any and what action has been taken by this Government on the subject.
The House resumed the consideration of the unfinished business of yesterday; which was
A bill "providing for the auditing and payment of properly authenticated claims."
The motion of Mr. McMullin to refer the bill and amendments to the Committee on Ways and Means was lost.
By consent of the House, the amendments of Messrs. Dupré and Herbert were withdrawn.
Mr. Perkins moved to amend the bill by adding thereto the following words, to wit:
That the sum of three millions of dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated to carry out the provisions of this act.
The amendment was agreed to, and on motion of Mr. Herbert, the rule was suspended requiring the bill to be considered in Committee of the Whole.
Mr. Dupré moved to amend the bill by inserting after the word "Hutchins," section 1, line 3, the words "and other cotton agents."
The amendment was agreed to, and the bill was ordered to be engrossed for a third reading.
Mr. Dupré moved to amend the preamble by inserting after the word "Hutchins" the words "and other cotton agents."
The amendment was agreed to.
The preamble was engrossed, and the bill as amended was read a third time.
The question recurring and being put,
Shall the bill pass?
The yeas and nays, as required by the Constitution, were recorded,
Yeas: Atkins, Baylor, Blandford, Boyce, Bradley, Branch, Bridgers, Eli M. Bruce, Horatio W. Bruce, Carroll, Chambers, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Ewing, Foster, Fuller, Funsten, Gaither, Gholson, Gilmer, Goode, Hanly, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, J. M. Leach, J. T. Leach, Logan, Machen, Marshall, Menees, Miles, Moore, Perkins, Pugh, Ramsay, Russell, Sexton,
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Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Staples, Triplett, Turner, Villeré, and Wickham.
Nays: Farrow, McMullin, and Mr. Speaker.
Two-thirds having voted in the affirmative, the bill was passed, and the title was read and agreed to.
A motion to reconsider the vote on the passage of the bill did not prevail.
On motion of Mr. Russell, the forty-sixth rule and the rule requiring Senate amendments to House bills to be referred to committees were suspended for the remainder of the session.
The Chair presented a bill (H. R. 266) "to amend post route number sixteen hundred and forty-nine, in the State of Georgia," which had been returned from the Senate with an amendment.
The question being on concurring in the amendment of the Senate, which is as follows, to wit:
In line 5, strike out the words "and Youngsville,"
The same was concurred in.
The Chair presented a bill (H. R. 384) "for the relief of bonded agriculturists in certain cases," which had been returned from the Senate with sundry amendments.
The question being on concurring in the amendments of the Senate, which are as follows, to wit:
Strike out section 1.
Strike out, in section 2, line 1, the word "such."
Strike out, in section 2, line 3, the words "said bonds" and insert in lieu thereof the words "his bond,"
The same were not concurred in.
The Chair presented a bill (H. R. 389) "to amend an act to authorize the appointment of assistants to the Register in signing bonds and certificates, approved February fourteenth, eighteen hundred and sixty-three," which had been returned from the Senate with an amendment.
The question being on agreeing to the amendment of the Senate, which is as follows, to wit:
Add at end of the bill the following proviso: "Provided, That this act shall! expire in thirty days after the next meeting of Congress,"
The same was concurred in.
The Chair presented a bill (S. 209) "to continue in force and extend an act entitled 'An act to increase the compensation of the noncommissioned officers and privates of the Army of the Confederate States,' approved June ninth, eighteen hundred and sixty-four:"
which was read first and second times.
On motion of Mr. Perkins, the rule requiring the bill to be referred to a committee was suspended, and the bill was read a third time and passed, and the title was read and agreed to.
The Chair presented a bill (S. 204) "to authorize the Secretary of the Treasury to receive specie from the several States of the Confederacy and use the same for the benefit of said States;" which was read first and second times, and referred to the Committee on Ways and Means.
Also, a bill (S. 214) "for the relief of Peter James, jr.," which was read first and second times and referred to the Committee on Claims.
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Mr. Clopton, from the Committee on the Medical Department, under a suspension of the rules, reported back and recommended the passage of
A bill "to secure to sick and wounded officers the same rights and privileges in obtaining, leave of absence as are now provided by law for soldiers obtaining furloughs."
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.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Clopton, from the Committee on the Medical Department, to which had been referred
A bill "authorizing hospital accommodations for treatment, including subsistence, to certain officers and soldiers resigned, retired, or discharged,"
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 engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Clopton, from the same committee, reported back the report of the Surgeon-General, with the recommendation that it be printed, and on motion of Mr. Clopton, the rule was suspended, and 500 copies were ordered to be printed for the use of the Surgeon-General's Office.
Under a suspension of the rules, Mr. Sexton, from the Committee on Post-Offices and Post-Roads, reported and recommended the passage of
A bill "to amend and extend the provisions of an act entitled 'An act fixing the salaries of certain civil officers in the Trans-Mississippi Department,' approved February eighteenth, eighteen hundred and sixty-five;"
which was read first and second times.
The question being on postponing the bill.
It was decided in the negative, and the bill was engrossed, read a third time, and passed.
The title was read and agreed to.
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A motion to reconsider the vote on the passage of the same did not prevail.
On motion of Mr. Boyce, the House took from the table for consideration a bill "to authorize and regulate the allowances of naval storekeepers."
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.
On motion of Mr. Herbert, the House took from the table for consideration
A bill "providing for the auditing and payment of properly authenticated claims against the Cotton Bureau in the Trans-Mississippi Department."
Mr. Dupré moved to amend the bill by inserting, section 1, line 3, after the word "Broadwell," the words "and other cotton agents."
The amendment was agreed to.
Mr. Marshall moved to amend by inserting, in section 1, line 4, after the words "Confederate States," the words "for the benefit of the Confederate States."
The amendment was agreed to.
Mr. Herbert moved to amend by adding as an additional section:
That the sum of two millions of dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds in the Treasury not otherwise appropriated to carry out the provisions of this act.
The amendment was agreed to.
On motion of Mr. Herbert, the rule was suspended requiring the bill to be considered in Committee of the Whole, and the bill was ordered to be engrossed for a third reading.
Mr. Dupré moved to amend the preamble by inserting after the word "Broadwell" the words "and other cotton agents."
The amendment was agreed to, and the preamble as amended was engrossed, and the bill as amended was read a third time.
And the question being put,
Shall the bill pass?
The yeas and nays, as required by the Constitution, were recorded,
Yeas: Baldwin, Batson, Baylor, Blandford, Boyce, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Carroll, Chambers, Chrisman, Clopton, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Ewing, Fuller, Funsten, Gaither, Garland, Gholson, Gilmer, Gray, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, J. T. Leach, Logan, Machen, Marshall, McCallum, Menees, Miles, Moore, Perkins, Pugh, Russell, J. M. Smith, W. E. Smith, Staples, Swan, Triplett, Turner, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Lyon, McMullin, Smith of North Carolina, and Mr. Speaker.
Two-thirds having voted in the affirmative, the bill was passed.
The title was read and agreed to, and a motion to reconsider the vote on the passage of the bill was lost.
On motion of Mr. Colyar, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.
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And on motion of Mr. McCallum,
The House adjourned until 11 o'clock a. m. to-morrow.
SECRET SESSION.
The House being in secret session,
Mr. Colyar, from the Committee on Ways and Means, to which had been referred a bill (S. 207) "to authorize the issue of licenses for the sale of tobacco, cotton, and naval stores," reported the same back with the recommendation that it do pass.
Mr. Marshall moved to amend the bill by adding at the end of the first section the following words, to wit:
Provided further, That all citizens of the Confederate States paying the specie price established by the Secretary of the Treasury for license shall be equally entitled thereto, and it shall be the duty of the Secretary of the Treasury to issue the licenses to them in the order of their applications.
Pending which,
The House, on motion of Mr. Johnston,
Resolved itself into open session.
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