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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 FOURTH DAY--MONDAY, March 13, 1865.
OPEN SESSION.
On motion of Mr. Russell, the rule was suspended requiring the call of States and committees during the remainder of the session.
Mr. Goode offered the following resolution; which was adopted, viz:
Resolved, That the Speaker be requested to inform the governor of Virginia that vacancies have occurred in the representation of the Second and Seventh Congressional districts of Virginia by the resignation of Honorable Robert H. Whitfield and Honorable William C. Rives.
Mr. Funsten presented the memorial of Capt. John W. Jones, asking to be reinstated in his position of post quartermaster of the tax in kind, etc.; which was referred to the Committee on Military Affairs.
Mr. Johnston presented a series of patriotic resolutions adopted at a meeting of the Twenty-sixth Regiment Virginia Cavalry; which were laid upon the table and ordered to be printed.
The House resumed the consideration of the motion of Mr. McMullin to suspend the rules, to enable him to introduce a bill.
Mr. McMullin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Barksdale, Batson, Blandford, Horatio W. Bruce, Carroll, Clark, Clopton, Cruikshank, Darden, De Jarnette, Ewing, Farrow, Fuller, Funsten, Gaither, Gholson, Goode, Holliday, J. M. Leach, J. T. Leach, Logan, McMullin, Moore, Pugh, Ramsay, Rogers, Russell,
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Simpson, J. M. Smith, Smith of North Carolina, Staples, Turner, Witherspoon, and Mr. Speaker.
Nays: Anderson, Baldwin, Baylor, Bradley, Branch, Burnett, Chrisman, Cluskey, Colyar, Conrow, Dickinson, Dupré, Elliott, Gray, Hanly, Hartridge, Hatcher, Johnston, Keeble, Lyon, Machen, Marshall, Perkins, Read, Snead, Triplett, Villeré, and Wilkes.
Two-thirds not voting in the affirmative, the rules were not suspended.
On motion of Mr. Snead, the rules were suspended, and
A bill "for the relief of Major John Reid, of Missouri,"
was taken up for consideration.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
The House resumed the consideration of the unfinished business, viz:
Senate bill (S. 181) "to amend the law in relation to impressments."
The question being on ordering the bill to a third reading,
Mr. Perkins demanded the yeas and nays;
Which were ordered,
Yeas: Anderson, Baldwin, Batson, Baylor, Blandford, Horatio W. Bruce, Carroll, Chambers, Chrisman, Clopton, Cluskey, Colyar, Cruikshank, Darden, De Jarnette, Dupré, Farrow, Fuller, Gaither, Gholson, Goode, Hanly, Holliday, J. M. Leach, J. T. Leach, Logan, Marshall, McMullin, Murray, Pugh, Ramsay, Rogers, Sexton, Simpson, J. M. Smith, Smith of North Carolina, Snead, Turner, and Witherspoon.
Nays: Bradley, Clark, Conrow, Ewing, Funsten, Gray, Hatcher, Johnston, Lyon, Miller, Perkins, Russell, Swan, Triplett, and Wilkes.
So the bill was ordered to a third reading.
The bill having been read a third time, and
The question being put,
Shall the bill pass?
It was decided in the affirmative.
Mr. Perkins moved to reconsider the vote by which the bill was passed.
Mr. Lyon demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baylor, Bradley, Branch, Carroll, Chrisman, Clark, Cluskey, Conrow, Dickinson, Elliott, Ewing, Funsten, Gray, Hatcher, Johnston, Keeble, Lyon, McCallum, Miller, Perkins, Russell, Sexton, Triplett, Villeré, and Wilkes.
Nays: Anderson, Baldwin, Barksdale, Batson, Blandford, Horatio W. Bruce, Burnett, Chambers, Clopton, Colyar, Cruikshank, De Jarnette, Dupré, Farrow, Fuller, Gaither, Gholson, Gilmer, Goode, Hartridge, Herbert, Holliday, J. M. Leach, J. T. Leach, Logan, McMullin, Miles, Pugh, Ramsay, Rogers, Simpson, J. M. Smith, Smith of North Carolina, Snead, Staples, Turner, Wickham, Witherspoon, and Mr. Speaker.
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So the motion to reconsider was lost, and the title was read and agreed to.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
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And the Speaker signed the same.
A message was received from the President, by Mr. Harrison, his Private Secretary, notifying the House that on the 9th instant he approved and signed
The Chair laid before the House a message from the President; which was read as follows, viz:
To the Senate and House of Representatives of the Confederate States of America:
I have now under consideration the act entitled "An act to diminish the number of exemptions and details," which has passed both Houses, and was presented to me on Saturday, the 11th instant.
The act contains two provisions which would, in practice, so impair the efficiency of the service as to counterbalance, if not outweigh, the advantages that would result from the other clauses contained in it.
The third section exempts all skilled artisans and mechanics in the employment of the Government from all military service. A very important and indeed indispensable portion of our local defense troops consists of these mechanics and artisans. They amount to many thousands in the Confederacy, and while they are and should remain exempt from general service, no good cause is perceived why they should not, like all other citizens capable of bearing arms, be organized
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for local defense and be ready to defend the localities in which they are respectively employed against sudden raids, and incursions. If exempt from this local service it will be necessary to detach in many cases troops from the armies in the field to guard the towns and workshops where they are employed. It is believed that if this provision become a law, the gain of strength resulting from the repeal of other exemptions enacted by the first section of the law would be more than counterbalanced by the loss of this local force.
The second provision to which I refer is that which revokes all details and exemptions heretofore granted by the President and Secretary of War, and prohibits the grant of such exemptions and details hereafter. There is little hazard in saying that such a provision could not be executed without so disorganizing the public service as to produce very injurious results. In every department of the Government, in every branch of the service throughout the country, there are duties to be performed which can not be discharged except by men instructed and trained, in their performance. Long experience makes them experts. Their services become, in their peculiar sphere of duty, worth to the country greatly more than any they could possibly render in the field. Some of them it would be impossible immediately to replace.
The Treasury expert who detects a forged note at a glance: the accounting officer whose long experience makes him a living repository of the rules and precedents which guard the Treasury from frauds: the superintendent of the manufacturing establishments of the Government which supply shoes, harness, wagons, ambulances, etc., for the Army: the employees who have been specially trained in the distribution and subdivision of mail matter among the various routes by which it is to reach its destination, are among the instances that are afforded by the daily experience of executive officers. To withdraw from the public service at once, and without any means of replacing them, the very limited number of experts, believed to be less than one hundred, who are affected by the bill, is to throw the whole machinery of Government into confusion and disorder at a period when none who are not engaged in executive duties can have an adequate idea of the difficulties by which they are already embarrassed.
The desire of the Executive and Secretary of War to obtain for the Army the services of every man available for the public defense can hardly be doubted: and Congress may be assured that nothing but imperative public necessity could induce the exercise of any discretion vested in them to retain men out of the Army. But no Government can be administered without vesting some discretion in executive officers in the application of general rules to classes of the population. Individual exceptions exist to all such rules in the very nature of things, and these exceptions can not be provided for by legislation in advance. I earnestly hope that Congress will pass an amendment to the act now under consideration, in accordance with the foregoing recommendations, so that I may be able, by signing both the act and amendment, to secure unimpaired benefit from the proposed legislation.
JEFFERSON DAVIS.
Executive Office, Richmond, March 13, 1865.
On motion of Mr. Miles, the message was laid upon the table.
Under a suspension of the rules. Mr. Miles introduced
A bill "to amend an act entitled 'An act to diminish the number of exemptions and details;'"
which was read a first and second time.
On motion of Mr. Miles, the rule was suspended requiring the bill to be referred to a committee.
Mr. Conrad moved to amend the bill by striking out the proviso in the first section; which reads as follows, viz:
Provided, That the total number so detailed in all the Departments, collectively, shall at no time exceed one hundred persons fit for active service in the field.
The amendment was lost.
Mr. Goode moved the previous question; which was ordered.
The bill was engrossed read a third time, and passed, and the title was read and agreed to.
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The Chair laid before the House a message from the President; which was read as follows, viz:
To the Senate and House of Representatives of the Confederate States:
I have returned, with my approval, the act entitled "All act to regulate the business of conscription," There is, however, one section of the act which seems to me to threaten injury to the service, unless essentially modified.
The eighth section provides that there shall be in each Congressional district "a medical board composed of three surgeons, who, after due notice of the time and place of their meeting, shall visit each county of their district at least once in three months, and shall examine for discharge or recommendation for light duty all conscripts who have been furloughed raider the provisions of the preceding section. Every discharge granted by said medical boards shall be final, and shall relieve the party from all military service in the future, when the disability is permanent and the cause of it is set forth in the certificate."
It is greatly to be feared that under the terms of this section considerable numbers of men will be finally discharged from military service while competent to aid in the defense of their country. The terms of the law do not require that the disability shall be total as well as permanent in order to entitle the soldier to his discharge. The loss of a limb, or stiffness of a joint, or even the loss of the dexter forefinger, lameness, nearsightedness, partial deafness, are instances of disability, permanent but not total, and which may well exist without rendering the individual incompetent to perform valuable service in posts, garrisons, or even in active operations.
The number of surgeons required for the duty imposed by this section would be about one hundred and fifty, in addition to the local physicians. We have no medical officers to spare from attendance on the troops and in hospitals, so that it would be necessary to appoint this number of new officers, who would generally be drawn from men in active service in the field. After the first visit to the different counties, these officers would have so little to do as to be practically supernumeraries supported by the Government at great cost and with the loss of their services in the field. Of the three surgeons who are to compose the board, only two are to be public officers, so that any resident physician of a county, in connection with a single army surgeon, would have power by action from which there is no appeal to discharge permanently from service any inhabitant of the county in which he practices his profession. When we consider the strong opposition manifested in many districts of country to the system of conscription, and the ninny influences which are resorted to by those who seek to escape service, there is much cause to fear that the effect of these provisions will be to deplete our reduced forces to a serious extent, and I hope it will be the pleasure of Congress to repeal this section or materially to modify its provisions.
JEFFERSON DAVIS.
Executive Office, Richmond, March 13, 1865.
On motion of Mr. Goode, the message was referred to the Special Committee on Conscription.
On motion of Mr. Funsten, the special order, viz:
Joint resolution "of thanks to, and for the relief of, Major Gaspar Tochman, formerly of the Polish army,"
was taken up for consideration.
The joint resolution was engrossed and read a third time.
The preamble was engrossed.
The question being put,
Shall the joint resolution pass?
The yeas and nays required by the Constitution are recorded,
Yeas: Anderson, Baldwin, Batson, Baylor, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Clark, Clopton, Cluskey, Colyar, Conrad, Cruikshank, Dickinson, Dupré, Elliott, Farrow, Fuller, Funsten, Gaither, Gholson, Goode, Hanly, Hartridge,
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Hatcher, Holliday, Johnston, J. M. Leach, J. T. Leach, Lyon, MarShall, McMullin, Miles, Moore, Perkins, Ramsay, Read, Rogers, Russell, Sexton, Smith of North Carolina, Snead, Triplett, Turner, Villeré, and Witherspoon.
Nays: Barksdale, Carroll, Chrisman, Cluskey, Darden, Gray, and McCallum.
Two-thirds voting in the affirmative, the joint resolution was passed, and the title was read and agreed to.
Mr. Farrow moved to reconsider the vote by which the joint resolution was passed.
The motion was lost.
Under a suspension of the rules, Mr. Miles, from the Committee on Military Affairs, to whom had been referred a Senate 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," reported back the same, with the recommendation that it do pass.
The question being on postponing the bill,
It was decided in the negative.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Miles moved to reconsider the vote by which the bill was passed.
The motion was lost.
Mr. Miles, from the same committee, to whom had been referred
Mr. Miles, from the same committee, offered the following resolution; which was adopted:
Resolved, That the report of General Joseph E. Johnston be printed.
Mr. Miles, from the select committee on preparing an address to the country, moved that the committee have leave to report to-morrow at 12 o'clock; which motion prevailed.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed bills and a joint resolution of the House of Representatives of the following titles:
The Senate agree to the amendments of the House of Representatives to the bill (S. 205) for the relief of David Moore, Daniel Moore, and Mrs. Mary R. Alexander.
The President of the Confederate States has notified the Senate that on the 9th instant he approved and signed an act (S. 220) to increase the salary of the assistant treasurer at Charleston, S. C.
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Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Clopton moved that the rules be suspended to enable him to offer a resolution.
Mr. Anderson demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Blandford, Bradley, Burnett, Carroll, Clopton, Colyar, Cruikshank, Dickinson, Elliott, Farrow, Fuller, Goode, Hanly, Hartridge, J. M. Leach, J. T. Leach, McMullin, Miller, Moore, Ramsay, Rogers, Russell, Sexton, J. M. Smith, Smith of North Carolina, Triplett, and Witherspoon.
Nays: Baldwin, Barksdale, Batson, Branch, Eli M. Bruce, Horatio W. Bruce, Chrisman, Clark, Conrad, Darden, De Jarnette, Dupré, Gaither, Gholson, Gray, Hatcher, Herbert, Holliday, Johnston, Lyon, Marshall, Miles, Perkins, Turner, Villeré, and Wickham.
So the House refused to suspend the rules.
On motion of Mr. Marshall,
The House took a recess until half past 7 o'clock.
Having reassembled.
Mr. Lyon, under a suspension of the rules, introduced
A joint resolution "in relation to the purchase of the public securities;"
which was read a first and second time.
Mr. Lyon moved that the rule be suspended requiring the joint resolution to be referred to a committee.
Mr. Lyon demanded the yeas and nays;
Which were ordered,
Yeas: Anderson, Baldwin, Barksdale, Batson, Horatio W. Bruce, Chambers, Chrisman, Clark, Clopton, Cruikshank, De Jarnette, Dickinson, Dupré, Farrow, Fuller, Funsten, Gaither, Gilmer, Hartridge, Hatcher, Holliday, Keeble, Lyon, McCallum, McMullin, Menees, Miles, Sexton, Snead, Staples, Wickham, Wilkes, and Witherspoon.
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Nays: Baylor, Blandford, Branch, Burnett, Carroll, Cluskey, Colyar, Conrow, Darden, Ewing, Gholson, Goode, Gray, Hanly, Herbert, J. M. Leach, J. T. Leach, Logan, Marshall, Murray, Perkins, Pugh, Ramsay, Read, Russell, Simpson, J. M. Smith, Triplett, Turner, and Villeré.
Two-thirds not voting in the affirmative, the rule was not suspended.
The joint resolution was referred to the Committee on Ways and Means.
A message was received from the Senate. by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed bills of this House of the following titles, viz:
With sundry amendments; in which I am directed to ask the concurrence of this House.
Under a suspension of the rules. Mr. Colyar introduced
A bill "to provide for issuing bonds when certificates of the money deposited have been lost;"
which was read a first and second time.
On motion of Mr. Colyar, the rule was suspended requiring the bill to be referred to a committee.
Mr. Read moved to amend the bill by striking out the words "or left within the enemy's lines."
The amendment was agreed to.
On motion of Mr. Read, the bill was laid upon the table.
Mr. Goode presented the petition of Abraham Staples, agent of Patrick County, Virginia, asking that a certain sum of money may be refunded to him by the Government; which was referred to the Committee on Claims.
The Chair laid before the House
A bill (H. R. 429) "making appropriations for the support of the Government of the Confederate States of America from July first to December thirty-first, eighteen hundred and sixty-five, and to supply deficiencies,"
which had been returned from the Senate with the following amendments:
The first and second amendments of the Senate were concurred in.
Mr. Russell moved that the House disagree to the third amendment; which motion prevailed.
Mr. Cluskey moved that the House reconsider the vote by which the House disagreed to said third amendment; which motion prevailed.
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Mr. McMullin moved that the House agree to the said amendment.
Mr. Conrad demanded the yeas and nays thereon;
Which were ordered,
Yeas: Clark, Clopton, Cluskey, Colyar, Conrad, Conrow, Cruikshank, Darden, Dupré, Ewing, Farrow, Fuller, Gaither, Gilmer, Hanly, Hatcher, Herbert, J. M. Leach, J. T. Leach, Logan, Machen, MCCallum, McMullin, Menees, Murray, Perkins, Ramsay, Sexton, J. M. Smith, Smith of North Carolina, Staples, Triplett, Turner, Wickham, Wilkes, and Witherspoon.
Nays: Anderson, Baldwin, Barksdale, Batson, Baylor, Blandford, Branch, Horatio W. Bruce, Carroll, De Jarnette, Dickinson, Funsten, Gholson, Goode, Gray, Hartridge, Keeble, Lyon, Marshall, Miles, Moore, Pugh, Read, Russell, Simpson, Snead, and Villeré.
So the amendment was agreed to.
The fourth amendment of the Senate was concurred in.
The Chair laid before the House
A bill (H. R. 431) "for the relief of the officers and employees of the Treasury Note Bureau,"
which had been returned from the Senate with the following amendment:
After the word "Bureau," in sixth line, insert words "those engaged in signing and cutting Treasury notes."
Mr. McMullin moved that the House concur in the amendment of the Senate; which motion prevailed.
A message was received from the President, by Mr. Harrison, his Private Secretary, announcing that on the 11th instant he approved and signed
On motion of Mr. Clark, 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.]
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Conrad moved that the rules be suspended to enable him to introduce a resolution.
Pending which,
Mr. J. T. Leach moved that the House adjourn; which latter motion was lost.
Mr. Fuller demanded the yeas and nays on the motion to suspend the rules;
Which were ordered,
Yeas: Anderson, Baldwin, Barksdale, Batson, Horatio W. Bruce, Carroll, Chambers, Clark, Cluskey, Colyar, Conrad, Conrow, De Jarnette, Dupré, Ewing, Farrow, Funsten, Gaither, Gholson, Goode, Gray, Hartridge, Hatcher, Holliday, Johnston, Keeble, Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miles, Moore, Perkins, Read, Russell, Sexton, Simpson, Snead, Staples, Swan, Triplett, Villeré, Wickham, Witherspoon, and Mr. Speaker.
Nays: Blandford, Clopton, Cruikshank, Darden, Dickinson, Fuller, Gilmer, Hanly, Herbert, Logan, Pugh, Ramsay, J. M. Smith, Smith of North Carolina, and Turner.
Two-thirds voting in the affirmative, the rules were suspended.
Mr. Conrad offered the following resolution:
Resolved (the Senate concurring), That the resolution fixing on Tuesday, the fourteenth instant, for the adjournment of the two Houses is hereby rescinded.
Mr. Blandford moved that the House adjourn.
The motion was lost.
Mr. Conrad called the question; which was ordered.
The question being on agreeing to the resolution,
Mr. Cruikshank demanded the yeas and nays; which were ordered.
Mr. Blandford moved the House adjourn, and demanded the yeas and nays;
Which were ordered,
Yeas: Batson, Blandford, Clopton, Cruikshank, Darden, Dickinson, Dupré, Fuller, Gilmer, Hanly, Herbert, J. M. Leach, J. T. Leach, Logan, McMullin, Ramsay, Smith of North Carolina, Turner, and Wickham.
Nays: Anderson, Baldwin, Barksdale, Horatio W. Bruce, Burnett, Carroll, Chambers, Clark, Cluskey, Colyar, Conrad, Conrow, De Jarnette, Ewing, Farrow, Funsten, Gaither, Gholson, Goode, Gray, Hartridge, Hatcher, Holliday, Johnston, Keeble, Lyon, Machen, Marshall, McCallum, Menees, Miles, Moore, Perkins, Read, Russell, Sexton, Simpson, Snead, Staples, Swan, Triplett, Villeré, and Witherspoon.
So the House refused to adjourn.
The yeas and nays on the adoption of the resolution are recorded,
Yeas: Anderson, Baldwin, Barksdale, Batson, Horatio W. Bruce, Burnett, Carroll, Chambers, Clark, Cluskey, Colyar, Conrad, Conrow, Darden, De Jarnette, Ewing, Farrow, Funsten, Gaither, Gholson, Goode, Gray, Hartridge, Hatcher, Holliday, Johnston, Keeble,
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Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miles, Moore, Perkins, Read, Russell, Simpson, Swan, Triplett, Villeré, Wickham, Witherspoon, and Mr. Speaker.
Nays: Blandford, Chrisman, Clopton, Cruikshank, Dickinson, Dupré, Fuller, Hanly, Herbert, J. M. Leach, J. T. Leach, Logan, Pugh, Ramsay, Sexton, J. M. Smith, Smith of North Carolina, Staples, and Turner.
So the resolution was adopted.
Mr. Menees moved to reconsider the vote by which the resolution was adopted.
The motion was lost.
On motion of Mr. Cluskey,
The House adjourned until 11 o'clock to-morrow.
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