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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 --ONE HUNDRED AND THIRD DAY--SATURDAY, March 11, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Mr. August.
Mr. Witherspoon, from the Committee on Post-Offices and Post-Roads, reported
A bill "to authorize the Postmaster-General to purchase United States postage stamps for certain purposes;"
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.
The bill was engrossed, read a third time. and passed, and the title was read and agreed to.
Mr. Witherspoon moved to reconsider the vote by which the bill was passed.
The motion was lost.
Mr. McMullin presented a series of patriotic resolutions adopted at a meeting of the Twenty third Battalion Virginia Infantry; which were laid upon the table and ordered to be printed.
Mr. Sexton, from the Committee on Post-Offices and Post-Roads, to whom had been referred
The memorial of H. K. Fitzer & Bro., mail contractors, asking to be relieved from their contract;
The memorial of J. O. Steger, asking relief from claim of Government
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against him for certain counterfeit notes received in his office; and
A bill "to increase the pay of route agents engaged in the postal service,"
reported back the same with the recommendation that they do lie upon the table; which was agreed to.
Mr. Triplett, from the Committee on Claims, to whom had been referred
The memorial of S. L. Lewis, asking compensation for slaves who died of disease contracted whilst in the service of the Government;
Also, the memorial of S. Brock, of a similar character;
Also, the memorial of Capt. Jo. Chaytor, asking relief from loss incurred by his being robbed of Government funds; and
A bill "for the relief of William H. Bibb,"
reported back the same with the recommendation that they do lie upon the table; which was agreed to.
Mr. Triplett, from the same committee, reported
A joint resolution "for the relief of William C. Hagan;"
which was read a first and second time.
The question being on postponing the joint resolution,
It was decided in the negative.
The joint resolution was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Triplett moved to reconsider the vote by which the joint resolution was passed.
The motion was lost.
Mr. Dickinson, from the same committee, to whom had been referred
The memorial of the Roanoke Literary Society, asking compensation for the use of building for hospital purposes; and
The memorial of Caleb G. Forshey, of Texas, asking to be relieved from liability incurred in transporting bonds of the Government, reported back the same with the recommendation that they do lie upon the table; which was agreed to.
Mr. Herbert, from the same committee, reported
A bill "to pay the mayor or other properly constituted authorities of the city of Jackson, Mississippi, for a schoolhouse which belonged to said city and was destroyed while in the possession of the military authorities of the Confederate States."
The question being on postponing the bill and placing it on the Calendar,
It was decided in the affirmative.
Mr. Machen, from the Committee on the Quartermaster's and Commissary Departments, to whom had been referred the memorial of Capt. W. Johnston, asking relief from liability incurred by the destruction of his papers, vouchers, etc., by the enemy, reported back the same with the recommendation that the committee be discharged from its further consideration, and that it be referred to the Committee on Claims; which was agreed to.
Mr. Anderson, from the Committee on Ways and Means, reported
A joint resolution (H. R. 35) "for the relief of Stephen B. Marshall, junior, tax collector of Putnam County, Georgia;"
which was read a first and second time.
The question being on postponing the joint resolution,
It was decided in the negative.
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The joint resolution was engrossed, read a third time. and passed. and the title was read and agreed to.
Mr. Anderson moved to reconsider the vote by which the joint resolution was passed.
The motion was lost.
Mr. Colyar, from the same committee, to whom had been referred
A concurrent resolution "relative to the tax of two and one-half per cent upon wholesale and retail dealers;"
A bill "to amend an act entitled 'An act to amend the tax laws,' approved June fourteenth, eighteen hundred and sixty-four;"
A bill "to amend an act entitled 'An act to levy additional taxes for the common defense and support of the Government;'"
A bill "to amend an act entitled 'An act to amend the tax laws;'" and
A petition of the citizens of Culpeper County, Va., praying that the collection of the taxes for the year 1863 be suspended in that county,
reported back the same with the recommendation that they do lie upon the table; which was agreed to.
The following messages were received from the Senate, by Mr. Nash, their Secretary:
Mr. Speaker: The Senate have passed the resolution of the House of Representatives extending the time for the adjournment of the present session of Congress.
And they have passed bills of the House of Representatives of the following titles:
Mr. Speaker: The Senate have agreed to the amendment of this House to the resolution granting leave to the Committee on the Treatment and Exchange of Prisoners and Conduct of the War. etc., to sit during the recess of Congress. and authorizing the said committee to employ a clerk.
Mr. Speaker: The President of the Confederate States has notified the Senate that he did. on the 7th instant, approve and sign an act (S. 187) to regulate the business of conscription.
The Senate have passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
A message was received from the President, by Mr. Harrison, his Private Secretary, announcing that on the 8th instant he approved and Signed the following bills:
Mr. Lyon, from the Committee on Ways and Means, reported
A bill "making appropriations for the support of the Government
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of the Confederate States of America from July first to December thirty-first, eighteen hundred and sixty-five;"
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.
The House resolved itself into Committee of the Whole to consider said bill, Mr. Clopton in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that the committee had, according to order, had the subject referred to them under consideration and had instructed him to report back the bill with the recommendation that it do pass with the following amendment:
Strike out the words "Bureau of Conscription" and insert in lieu thereof the words "conscript service."
Mr. Lyon moved the previous question; which was ordered.
The amendment of the committee was agreed to.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Lyon moved to reconsider the vote by which the bill was passed; which motion was lost.
Mr. Lyon, from the same committee, reported
A bill "to amend an act to reduce the currency and to authorize a new issue of notes and bonds, approved February seventeenth, eighteen hundred and sixty-four;"
which was read a first and second time.
The question being on postponing the bill,
It was decided in the negative.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Baldwin, from the same committee, reported
A bill "for the relief of the officers and employees of the Treasury Note Bureau;"
which was read a first and second time.
The question being on postponing the bill,
It was decided in the negative.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Smith of North Carolina, from the Committee on Claims, to whom had been referred a Senate bill (S. 183) "for the relief of Lewis Porter," reported back the same with the recommendation that it do lie upon the table; which was agreed to.
Mr. Smith of North Carolina, from the same committee, to whom had been referred a Senate bill (S. 205) "for the relief of David Moore, Daniel Moore, and Mrs. Mary R. Alexander," reported back the same with the recommendation that it do pass with the following amendment:
Strike out all after the enacting clause, which reads as follows, viz:
"That the Secretary of the Treasury be, and he is hereby, authorized and required to issue and deliver to David Moore a duplicate of a certain bond issued under the act of February twentieth, eighteen hundred and sixty-three, numbered eight hundred and sixty-five, and for the sum of nine hundred dollars; to Daniel Moore a duplicate of a certain bond issued under the act of February twentieth, eighteen hundred and sixty-three, numbered eight hundred
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and seventy-three, for the sum of twelve hundred dollars; to Mrs. Mary R. Alexander a duplicate of a certain bond issued under the act of February twentieth, eighteen hundred and sixty-three, numbered seven hundred and sixty-eight, and for the sum of two hundred dollars; the bonds authorized to be issued by this act to bear seven per cent interest,"
and insert-in lieu thereof the following, viz:
"That the Secretary of the Treasury is hereby authorized and directed to issue seven per cent bonds under act of February twentieth, eighteen hundred and sixty-three, to Mary R. Alexander, of Lincoln County, North Carolina, for two hundred dollars, upon surrender of certificate numbered seven hundred and sixty-eight, dated July twenty-eighth, eighteen hundred and sixty-three, issued by A. C. Williamson, depositary, Charlotte, North Carolina; to David Moore (guardian), of Caldwell County, North Carolina, for nine hundred dollars, upon surrender of certificate numbered eight hundred and sixty-five, dated July twenty-ninth, eighteen hundred and sixty-three, issued by same depositary, and to Daniel Moore, of Caldwell County, for twelve hundred dollars, upon surrender of certificate numbered eight hundred and seventy-three, dated July twenty-ninth, eighteen hundred and sixty-three, issued by same depositary."
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The amendment was agreed to.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Smith of North Carolina, from the same committee, to whom had been referred
A Senate bill (S. 214) "for the relief of Peter James, junior;"
A bill "making an appropriation for the value of the schooner Isabel;"
The memorial of J. W. Garth, asking compensation for damages to his property by Confederate forces;
The memorial of R. Fuller, asking the issue of duplicate bonds, the original bonds having been lost or destroyed;
The memorial of Alexr. C. Martin. asking to be relieved from the payment of a certain sum of money; and
The memorial of Willis Landrum, asking compensation for depredations committed by Confederate soldiers,
reported back the same with the recommendation that they do lie upon the table; which was agreed to.
Mr. Miles called up his motion to reconsider the vote by which the report of Gen. John B. Hood was ordered to be printed.
Mr. Conrad moved that the motion be considered in secret session; which motion was lost.
The question recurring on the motion to reconsider,
It was decided in the negative.
A message was received from the Senate. by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The President of the Confederate States having returned to the Senate the bill (S. 194) to provide for promotion of officers in certain cases, with his objections to the same, the Senate proceeded to reconsider the bill; and
Resolved, That the bill do pass, two-thirds of the Senate agreeing thereto.
I am directed by the Senate to communicate the said bill, together with the message of the President returning the same to the Senate with his objections. to the House of Representatives.
The Senate have passed the bill of the House of Representatives (H. R. 421) for the relief of the Exchange Bank of Virginia, at Norfolk, with an amendment; in which they request the Concurrence of this House.
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The Chair laid before the House a message from the President; which was read as follows, viz:
Executive Office,
Richmond, Va., March 9, 1865.
To the Senate of the Confederate States:
I feel constrained to return the bill "to provide for the promotion of officers in certain cases" to the Senate, in which it originated, with a statement of the objections which have led me to withhold from it my signature.
The Constitution provides, in paragraph 2, section 2, Article II, "The President shall have power, by and with the advice and consent of the Senate," to appoint officers of the Confederate States not otherwise provided for, "but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of Departments."
In the bill under consideration it is declared that "it shall be competent to the commanding general in the field, or the Secretary of War, to order the promotions to be made of the officers next in grade," etc.
This seems to me to confer a power of appointment on a commanding general not warranted by the Constitution.
It may be further remarked that the power conferred upon the Secretary of War will be ineffectual, except in the case when the officer next in rank is qualified to fill the temporary vacancy, a case in which the power would be least necessary, in order to provide, for the time being, a competent commander.
JEFFERSON DAVIS.
The House proceeded to reconsider the bill.
The question being put,
Shall this bill become a law, the objections of the President to the contrary notwithstanding?
The yeas and nays required by the Constitution are recorded,
Yeas: Atkins, Clopton, Cruikshank, Farrow, Fuller, Gilmer, Gray, Herbert, J. M. Leach, Logan, Ramsay, Simpson, Smith of North Carolina, and Wickham.
Nays: Anderson, Baldwin, Barksdale, Batson, Baylor, Blandford, Bradley, Branch, Burnett, Carroll, Chambers, Chrisman, Clark, Colyar, Conrad, Conrow, Darden, De Jarnette, Dickinson, Ewing, Funsten, Gaither, Gholson, Goode, Hanly, Hartridge, Hatcher, Holliday, Johnston, Lyon, Machen, Marshall, McMullin, Menees, Miller, Pugh, Read, Rogers, Russell, Sexton, J. M. Smith, Staples, Swan, Triplett, and Wilkes.
So the bill was lost.
The Chair laid before the House
A bill (H. R. 421) "for the relief of the Exchange Bank of Virginia, at Norfolk,"
which had been returned from the Senate with an amendment.
On motion, the bill and amendment were laid upon the table.
The Chair laid before the House a Senate bill (S. 224) "to limit the issue of forage;" which was read a first and second time.
On motion of Mr. Goode, the rule was suspended requiring the bill to be referred to a committee.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Chambers called up the motion to reconsider the vote by which the bill "relative to the impressment of slaves" was passed.
The motion to reconsider was lost.
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Under a suspension of the rules, Mr. Ramsay introduced
bill "to allow transportation to certain officers and privates in the Army and to discharged and retired officers and privates;" which was read a first and second time.
On motion of Mr. Ramsay, the rule was suspended requiring the bill to be referred to a committee.
Mr. Swan moved that the bill be referred to the Committee on Military Affairs; which motion prevailed.
Mr. Barksdale moved that the rules be suspended to allow him to introduce a bill.
The motion was lost.
Mr. McMullin moved that the rules be suspended to enable him to introduce a bill.
Pending which,
Mr. Snead moved that the House adjourn; which motion was lost.
On motion of Mr. Swan, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.a
[Note a: a The Journal of this secret session has not been found.]
And on motion of Mr. Baldwin,
The House adjourned until 11 o'clock Monday.
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