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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 EIGHTH DAY--FRIDAY, March 17, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
ONE HUNDRED AND EIGHTH DAY--FRIDAY, March 17, 1865.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Jeter.

The Speaker presented a series of patriotic resolutions adopted at a meeting of the people of Prince Edward County, Virginia, and a series Of patriotic resolutions adopted at a meeting of the Tenth Virginia Cavalry; which were laid upon the table and ordered to be printed.

The House resumed the consideration of the bill "to amend the act to organize forces to serve during the war."

Mr. Chambers rose to a point of order, viz:

That the amendment of Mr. McCallum was not germane to the bill which it was proposed to amend, and therefore not in order.

The Chair sustained the point of order.

A message was received from the President, by Mr. Harrison, his Private Secretary, notifying the House that on the 16th instant he approved and signed

• H. R. 350. An act to diminish the number of exemptions and details;
• It. R. 418. An act relative to the impressment of slaves;
• H. R. 421. An act for the relief of the Exchange Bank of Virginia, at Norfolk;
• H. R. 429. An act making appropriations for the support of the Government of the Confederate States of America from July 1 to December 31. 1865, and to supply deficiencies:
• H. R. 435. An act to establish a certain post route therein named;
• H. R, 35. Joint resolution for the relief of Stephen B. Marshall, jr., tax collector of Putnam County, Ga.; and
• H. R. 36. Joint resolution for the relief of William C. Hagan.

A message was received from the Senate, by Mr. Nash, their Secretary; Which is as follows, viz:

Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:

• H. R. 440. An act to increase the pay and mileage of officers traveling under orders.

Mr. Perkins submitted the following amendment:

In section 1, strike out all after the enacting clause down to the word "The," in line 11 which reads as follows, viz:

"That hereafter it shall not be lawful to conscribe any person under this or any existing law until sixty days after the President shall have made his requisition upon the governor of the State where such person resides, which requisition

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he is hereby empowered and required to make for men liable to the military service of the Confederate States,"
and insert in lieu thereof the following, viz:

"That the President is hereby authorized, in his discretion, to make his, requisition upon the governor of any State for men therein liable to the military service of the Confederate States; and no person in such State shall be conscribed under this or any other existing law for sixty days after such requisition shall have been made."

Mr. Keeble submitted the following amendment (in the nature of a substitute):

Strike out all after the enacting clause, and insert in lieu thereof the following, viz:

• "The Congress of the Confederate States of America do enact, That in addition to the other means used by the Government of the Confederate States to return to the Army deserters and absentees without leave, that the President, or General in Chief of the armies of the Confederate States, or the commander of any army to make a requisition upon the governor or governors of any particular State or States, to have returned by the executives of said States all deserters or absentees from the Army within their respective States.
• "Sec. 2. That to comply with said requisition the governor or governors of such State or States are hereby authorized and empowered to employ such portion of the reserve forces of the Confederate States within their respective States as may be necessary to apprehend and restore such deserters and absentees to their several commands.
• "Sec. 3. That an amnesty is hereby granted to all deserters or absentees without leave, specified in the foregoing sections of this bill, who shall, within twenty days after the proclamation of the executive of their respective States, appear at the place designated in such proclamation, prepared to return to their respective commands.
• "Sec. 4. That after the assembling of said deserters or absentees, at the places to be designated by the governor or governors, the General in Chief is hereby authorized and empowered to have them returned to their several commands, or to embody them into new and separate organizations, as in his judgment might best subserve the public interest, the commissioned officers of which said new organizations shall be appointed by the President."

Mr. Machen called the question; which was ordered.

The question being on the amendment of Mr. Perkins,

Mr. Marshall demanded the yeas and nays; which were not ordered, and the amendment was agreed to.

Mr. Clark submitted the following amendment:

Strike out the first section.

Mr. Anderson called the question; which was ordered.

Mr. Marshall moved to reconsider the vote by which the question was ordered; which motion prevailed.

The question recurring on ordering the question,

It was decided in the negative.

Mr. Chambers submitted the following amendment:

Insert the following proviso after the amendment of Mr. Perkins, just agreed to: "Provided, That the provisions of this act shall not embrace that class of persons who were heretofore exempted from service on account of owning fifteen negroes between certain ages, and known as bonded agriculturists."

Mr. Blandford moved the previous question; which was ordered.

The question being on the amendment of Mr. Chambers,

It was decided in the affirmative.

The question recurring on the amendment of Mr. Clark,

Mr. Clark demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 34
• Nays ... 22

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Yeas: Baldwin, Horatio W. Bruce, Burnett, Carroll, Chrisman, Clark, Clopton, Cluskey, Conrad, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Gaither, Gholson, Goode, Gray, Hatcher, Johnston, Keeble, Lyon, Marshall, McCallum, Miles, Moore, Read, Rogers, Simpson, Snead, Turner, Villeré, Wilkes, and Witherspoon.

Nays: Anderson, Batson, Baylor, Blandford, Branch, Chambers, Colyar, Ewing, Farrow, Funsten, Hanly, Hartridge, Holliday, Machen, McMullin, Perkins, Pugh, Russell, J. M. Smith, Smith of North Carolina, Triplett, and Wickham.

So the amendment was agreed to.

The question recurring on the amendment of Mr. Keeble,

Mr. Keeble demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 35
• Nays ... 23

Yeas: Batson, Baylor, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Carroll, Chrisman, Clark, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Gaither, Goode, Gray, Hatcher, Holliday, Johnston, Keeble, Machen, McCallum, Menees, Read, Rogers, Simpson, Triplett, Villeré, Wilkes, and Witherspoon.

Nays: Anderson, Baldwin, Blandford, Chambers, Colyar, Conrad, Farrow, Funsten, Hanly, Hartridge, Herbert, Lyon, Marshall, McMullin, Miles, Perkins, Pugh, Russell, J. M. Smith, Snead, Turner, Wickham, and Mr. Speaker.

So the amendment was agreed to.

The question recurring on ordering the bill to be engrossed for a third reading,

Mr. Marshall demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 27
• Nays ... 30

Yeas: Batson, Bradley, Eli M. Bruce, Horatio W. Bruce, Carroll, Chrisman, Clopton, Cluskey, Conrad, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Holliday, Keeble, Machen, McCallum, Menees, Read, Rogers, Triplett, Villeré, Wilkes, and Witherspoon.

Nays: Anderson, Baldwin, Blandford, Branch, Burnett, Chambers, Colyar, Farrow, Gaither, Gholson, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Johnston, Lyon, Marshall, McMullin, Miles, Pugh, Russell, Simpson, J. M. Smith, Smith of North Carolina, Snead, Turner, Wickham, and Mr. Speaker.

So it was decided in the negative, and the bill was lost.

Mr. Marshall moved to reconsider the vote just taken.

The motion was lost.

Under a suspension of the rules, Mr. Miles, from the joint select committee to prepare an address to the country, reported an address to the people of the Confederate States.

Mr. Clark offered the following resolution; which was unanimously adopted:

Resolved (the Senate concurring), That the address prepared by the joint committee of the Senate and House of Representatives be, and the same is hereby, adopted as the address of the Congress to the people of the Confederate States.

Mr. Clark moved that 1,000 copies of the address be printed.

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The rule was suspended requiring the motion to be referred to the Committee on Printing, and the motion prevailed.

The Chair laid before the House a message from the President; which was read as follows, viz:

To the House of Representatives of the Confederate States of America:

I return, without my approval, an act which originated in your honorable body entitled "An act to provide for the payment of arrears now due to the Army and Navy."

I have been led, to believe that this act was passed in haste and without due consideration, and that some members who voted for it desire an opportunity for reconsidering their action.

The act provides for an additional issue of Treasury notes to an amount not exceeding eighty millions of dollars, to be used in payment of all arrears due to persons in the military and naval service of the Confederate States, these notes "to be regarded in all respects as Treasury notes issued by virtue of the act to reduce the currency and authorize a new issue of notes and bonds," approved February 17, 1864.

The objections to this legislation are, in my judgment, manifold and grave.

• I. The act of February 17, 1864, levied a tax on the Treasury notes then outstanding far exceeding that levied on any other species of property, and which could only be justified by the consideration that the additional contribution thus exacted from the holders of these public credits would be compensated in whole or in part by the increased value of the new currency which was issued for the old, at the rate of two dollars of the former for three of the latter. The act revoked all authority heretofore given to issue Treasury notes, and it was generally, if not universally, considered that the provisions of that law constituted an implied pledge of the faith of the Government that no further issue of notes should be made than those therein provided for.

  It would be scarcely consistent to take from the holder one-third of the nominal amount of the currency in hand for the purpose of reducing the currency, as set forth in the title of the law, to unite with this exaction a provision revoking all previous authority to issue notes, and afterwards to provide for an expansion of the currency in opposition to the principles of the act of February 17, 1864, to the evident detriment of the holders of the currency under that act.

• II. Independently of the objections just stated, the effect of a new issue of Treasury notes would be disastrous. The passage of this law would be accepted as a proof that there is no limit to the issue of Treasury notes except the pleasure of the Government, and the people will be persuaded that whenever an emergency arises it will be met by additional issues of paper money. Such a conviction once rooted in the popular mind could not be eradicated, and the depreciation of the notes in circulation would increase so rapidly as effectually to destroy the whole value of what is outstanding and leave the country without a circulation and the Government without credit.
• III. The bill, although intended by Congress for the benefit of the Army, to which we all acknowledge the most sacred obligations of justice and gratitude, would have an effect the reverse of that designed. It would despoil the soldier instead of paying him. If money be raised by taxation for paying arrears due the Army, the demand thus created for the notes enhances their value and enables the public creditor who receives them to make them available for the purchase of what he needs. If, on the contrary, the soldier is to have his claim extinguished by the simple process of printing more paper money and thus diminishing its value below even its present depreciation, his claims for his arrears of pay will have been practically repudiated, instead of being paid. Justice to the soldier prompted Congress to pass this bill. The same motive induces me to withhold my approval of it, and if my objections shall appear to you well founded, when your attention is drawn to the supposed consequences that would result from this legislation, I am persuaded that you will concur in my opinion that it ought not to be adopted.
• IV. There is a mechanical difficulty in the execution of the law, of which Congress was not aware, and which, under any circumstances, would render the bill unavailing for its intended purpose of prompt payment of the arrears due the Army. The removal of the Treasury Note Bureau from Columbia, the time required for reestablishing it, with its machinery, at another locality, and for preparing Treasury notes for the fifty or sixty millions of dollars remaining for issue under existing laws, together with other causes which it

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  is unnecessary to relate, would prevent the issue of the notes provided for in this bill for at least three months to come.

It is gratifying to assure you of my belief that the receipts from the tax bill just passed, together with other resources within reach of the Treasury, will enable the Government to pay the arrears due to the Army and Navy sooner than the additional notes contemplated by this bill could be issued, and that the proposed increase of currency can thus be avoided without causing delay in satisfying the just claims of the defenders of our country.

JEFFERSON DAVIS.

Executive Office, Richmond, March 17, 1865.

The Chair laid the said bill before the House.

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,

And are as follows, viz:
• Yeas ... 39
• Nays ... 18

Yeas: Anderson, Baldwin, Baylor, Blandford, Branch, Horatio W. Bruce, Chrisman, Clark, Clopton, Cluskey, Darden, Dupré, Elliott, Farrow, Gaither, Gholson, Goode, Gray, Hanly, Hartridge, Herbert, Johnston, Keeble, Machen, Marshall, McCallum, McMullin, Perkins, Pugh, Read, Rogers, Russell, Simpson, J. M. Smith, Triplett, Turner, Villeré, Wickham, and Witherspoon.

Nays: Barksdale, Batson, Bradley, Eli M. Bruce, Carroll, Colyar, Conrad, Conrow, De Jarnette, Dickinson, Ewing, Hatcher, Holliday, Lyon, Menees, Miles, Sexton, and Wilkes.

Two-thirds voting in the affirmative, the bill was passed.

Mr. Hartridge moved that the House adjourn; which motion was lost.

Mr. Machen moved that the House take a recess until half past 7 o'clock.

Mr. Rogers moved that the motion be amended by striking out "half past seven" and inserting "eight."

The amendment was agreed to, and the motion as amended prevailed.

So the House took a recess until 8 o'clock.

Having reassembled.

The following message was received from the Senate, by Mr. Nash, their Secretary:

Mr. Speaker: The President of the Confederate States has notified the Senate that he did, on the 13th instant approve and sign the following acts and joint resolutions, viz:

• S.199. All act to change the time for the assembling of Congress for its next regular session;
• S. 216. An act to appropriate money to pay the Missouri State Guard;
• S. 217. An act in relation to printing and binding, in pamphlet form the acts, resolutions and treaties adopted at each session of Congress;
• S. 222. An act supplemental to an act approved on the 4th day of March, 1865, entitled "An act 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;"
• S. 223. An act for the relief of the Exchange Bank of Virginia;
• S. 35. Joint resolutions providing for donations to the Treasury of the Confederate States; and
• S. 37. Joint resolution of thanks to Lieut, Gen. Wade Hampton.

And that on the 14th instant he approved and signed the following acts, viz:

• S. 172. An act to extend an act entitled "An act to graduate the pay of general officers," approved June. 10, 1864;

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• S. 205. An act to authorize the Secretary of the Treasury to issue 7 per cent bonds to certain persons in North Carolina; and
• S. 224. An act to limit the issue of forage.

The Senate have passed the resolution of the House of Representatives adopting the address of the joint committee of the two Houses to the people of the Confederate States.

Mr. Rogers, from the Committee on Enrolled Bills, reported as correctly enrolled

• S. 204. An act 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;
• H. R. 438. An act to raise coin for the purpose of furnishing necessary supplies for the Army;
• H. R. 440. An act to increase the pay and mileage of officers traveling under orders; and
• H. R. 412. An act to authorize the President of the Confederate States to organize, in the city of Richmond and county of Henrico, a volunteer force for temporary service.

And the Speaker signed the same.

The Chair laid before the House a Senate bill (S. 228) "to amend an act entitled 'An act to regulate impressments,' approved March twenty-sixth, eighteen hundred and sixty-three, as amended by the act approved February sixteenth, eighteen hundred and sixty-four;" which was read a first and second time.

Mr. Ewing moved that the rule be suspended requiring the bill to be referred to a committee.

Mr. Snead demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows,viz:
• Yeas ... 36
• Nays ... 7

Yeas: Barksdale, Batson, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chrisman, Clark, Cluskey, Colyar, Conrow, Elliott, Ewing, Funsten, Gaither, Gholson, Goode, Gray, Hanly, Holliday, Johnston, Keeble, Machen, McCallum, Miles, Moore, Perkins, Russell, Sexton, Simpson, Snead, Triplett, Villeré, and Wilkes.

Nays: Baldwin, Clopton, Farrow, Marshall, McMullin, Staples, and Wickham.

No quorum voting,

Mr. Burnett moved a call of the House; which motion prevailed.

Upon the call of the roll the following gentlemen answered to their names:

Messrs. Baldwin, Barksdale, Batson, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, Elliott, Ewing, Farrow, Funsten, Gaither, Gholson, Goode, Gray, Hanly, Hatcher, Herbert, Holliday, Johnston, Keeble, Machen, Marshall, McCallum, McMullin, Menees, Miles, Moore, Murray, Perkins, Russell, Sexton, Simpson, Snead, Staples, Triplett, Villeré, Wickham, Wilkes, and Mr. Speaker.

The following gentlemen were found absent without leave of the House:

Messrs. Anderson, Baylor, Blandford, Boyce, Bridgers, Conrad, Cruikshank. Darden. De Jarnette, Dickinson, Dupré, Foster, Fuller, Garland, Gilmer, Hartridge, J. M. Leach, J. T. Leach, Logan, Miller,

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Pugh, Ramsay, Read, Rogers, J. M. Smith, Smith of Alabama, Smith of North Carolina, Swan, Turner, and Witherspoon.

Mr. Witherspoon and Mr. Dickinson were excused.

Mr. Rogers was brought before the House in custody of the Doorkeeper.

Mr. Ewing moved that he be discharged upon paying a fine of $25.

Mr. Elliott moved to amend the motion of Mr. Ewing by striking out the words "upon paying a fine of twenty-five dollars."

The amendment was agreed to, and the motion of Mr. Ewing, as amended, prevailed.

Mr. Dupré and Mr. Turner were brought before the House in custody of the Doorkeeper and, on motion, excused.

Mr. McMullin moved that the Speaker issue his warrant to the Doorkeeper to arrest absent members and bring them before the bar of the House.

Mr. Chambers moved to amend the motion by adding at the end "except they be too unwell to attend."

The amendment was agreed to, and the motion as amended prevailed.

On motion of Mr. Marshall, all further proceedings under the call were dispensed with.

Mr. Simpson moved that the House adjourn.

On the division of the House, the vote stood yeas 22, nays 34.

So the House refused to adjourn.

A message was received from the President, by Mr. Harrison, his Private Secretary, notifying the House that on the 17th instant he approved and signed

• H. R. 341. An act requiring suit to be brought against persons connected with the Cotton Bureau and Cotton Office in the Trans-Mississippi Department;
• H. R. 419. An act to amend an act providing for the establishment and payment of claims for a certain description of property taken or informally impressed for the use of the Army, approved June 14, 1864;
• H. R. 434. An act to amend an act entitled "An act to diminish the number of exemptions and details;" and
• H. R. 437. An act to grant transportation to discharged and disabled soldiers.

On motion of Mr. Sexton, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.

On motion of Mr. Moore,

The House adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session,

A message was received from the President, by Mr. Harrison, his Private Secretary; notifying the House that on the 17th instant the President approved and signed

• H. R. 438. An act to raise coin for the purpose of furnishing necessary supplies for the Army.

On motion of Mr. Sexton, the injunction of secrecy was removed from said bill.

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Mr. Cluskey offered the following resolution:

Resolved, That the injunction of secrecy be, and the same is hereby, removed from all proceedings in secret session relative to the suspension of the writ of habeas corpus.

Mr. Cluskey called the question; which was ordered.

Mr. Turner demanded the yeas and nays.

Pending which,

On motion of Mr. Moore,

The House resolved itself into open session.

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