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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 --FIFTEENTH DAY--WEDNESDAY, May 18, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Minnigerode.
The Chair laid before the House a Senate bill (S. 28) "to amend an act entitled 'An act creating the office of ensign in the Army of the Confederate States;'" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a joint resolution (H. R. 3) "providing for the appointment of a special committee of the Senate and House of Representatives on the subject of impressments;" which had been returned from the Senate with the following amendments:
The amendments of the Senate were concurred in.
The Chair also laid before the House the following resolution of the Senate:
Resolved (the House of Representatives concurring), That the President of the Senate and the Speaker of the House of Representatives adjourn their respective Houses, sine die, on Tuesday, the thirty-first day of May instant, at twelve o,clock meridian.
Mr. Garland moved to refer the resolution to the Committee on the Judiciary.
Mr. Atkins called the question; which was ordered, and the motion to refer was lost.
Mr. Atkins called the question; which was ordered.
The question being On the passage of the resolution,
Mr. Johnston demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Atkins; Bell, Blandford, Boyce, Bradley, Branch, Burnett, Chilton, Chrisman, Dickinson, Dupré, Echols, Foster, Funsten, Gaither, Hartridge, Hilton, Holder, Keeble, J. M. Leach, Lester, Lyon, Machen, McCallum, Menees: Orr, Pugh Ramsay, Sexton, Simpson, Singleton, J. M. Smith, W. E. Smith, Smith of North Carolina, Swan, Triplett, Turner, Villeré, Welsh, and Whitfield.
Nays: Anderson, Ayer, Baldwin, Barksdale, Eli M. Bruce, Horatio W. Bruce, Chambers, Clopton, Colyar, Conrad, Cruikshank, Farrow, Fuller, A. H. Garland, Gholson, Gilmer, Hanly, Heiskell, Holliday,
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Johnston, Lamkin, J. T. Leach, Logan, Marshall, McMullin, Miles, Miller, Montague, Murray, Perkins, Read, Rives, Rogers, Russell, Shewmake, and Witherspoon.
So the resolution was passed.
Mr. Hartridge moved to reconsider the vote just taken, and called the question; which was ordered, and the motion to reconsider was lost.
Mr. J. T. Leach introduced
A bill "amending an act regulating the granting of furloughs and discharges in the Army and Navy;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Smith of North Carolina entered a motion to reconsider the vote by which the joint resolution "for the relief of John D. Southerland" was lost.
Mr. Ayer presented the memorial of S. B. Canaday, asking relief for tax improperly paid; which was referred to the Committee on Claims.
Also, the memorial of Mrs. Elizabeth B. Fuller, executrix of Dr. Thomas Fuller, deceased, asking relief for property destroyed by the military authorities of the Confederate States; which was referred to the Committee on Claims.
Mr. Witherspoon submitted the following resolution:
Resolved, That the Committee on Post-Offices and Post-Roads inquire and report upon the expediency of establishing a daily mail route from Black Mingo to Cantley's, in Williamsburg district, South Carolina;
which was adopted.
Mr. Atkins submitted the following resolution:
Resolved, That no member of this House shall speak longer than thirty minutes or more than once on the same question without unanimous consent.
Mr. Atkins moved that the rule be suspended requiring the resolution to lie over two days.
The motion was agreed to.
Mr. Atkins called the question; which was ordered.
The question being on the adoption of the resolution,
Mr. McMullin demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Ayer, Bell, Blandford, Boyce, Burnett, Chilton, Chrisman, Clopton, Cruikshank, Dickinson, Dupré, Echols, Farrow, Foster, Funsten, Gaither, Hanly, Hartridge, Heiskell, Hilton, Holder, Keeble, Lester, Logan, Lyon, Machen, McCallum, Menees, Montague, Orr, Pugh, Rogers, Singleton, J. M. Smith, W. E. Smith, Smith of North Carolina, Swan, Triplett, Villeré, Welsh, and Whitfield.
Nays: Baldwin, Barksdale, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Chambers, Colyar, Conrad, Fuller, A. H. Garland, Gholson, Gilmer, Holliday, Johnston, Lamkin, J. M. Leach, J. T. Leach, Marshall, McMullin, Miles, Miller, Murray, Perkins, Ramsay, Read, Rives, Russell, Sexton, Shewmake, Simpson, Turner, and Witherspoon.
Two-thirds not voting in the affirmative, the resolution was lost.
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Mr. Atkins submitted the following resolution:
Resolved, That hereafter the regular hour for the daily meeting of this House shall be eleven o'clock antemeridian;
which was adopted.
Mr. Colyar submitted the following resolution:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of creating a new staff officer for each commanding general, who, under the first section of the act approved February seventeenth, eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts,' approved October ninth, eighteen hundred and sixty-two," is required to review the proceedings of said military courts in certain cases; said staff office to be filled by an officer with the rank of colonel, who shall be the legal adviser of such commanding general, and specially charged with the duties of reviewing said proceedings. Or, if the committee should think this inexpedient, that it inquire into the expediency of repealing so much of the first section as requires the commanding general to review said proceedings, leaving the duty aforesaid to the corps commander, as it was prior to the passage of said law; and if either be expedient, that a bill be reported for that purpose or report to the House what legislation on this subject may be necessary;
which was adopted.
Also, the following resolution:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of providing a law to more effectually prevent gaming by bonded officers and their agents who have the handling of public money, and if in their opinion such law is expedient, to report a bill for that purpose;
which was adopted.
Mr. Colyar also introduced
A bill "to provide against gaming by bonded officers and their agents in the Army;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
Mr. Heiskell introduced
A bill "to provide for losses by accident resulting from the destruction of property to prevent its falling into the hands of the enemy;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Heiskell submitted the following resolution:
Resolved, That the Committee on Military Affairs be instructed to inquire what progress has been made in providing medals for soldiers of distinguished merit, and whether any further legislation is necessary on the subject;
which was adopted.
Mr. Russell submitted the following resolution:
Resolved (the Senate concurring), That the joint resolution fixing the time for the adjournment of the two Houses of Congress on the thirty-first day of May, eighteen hundred and sixty-four, is hereby rescinded.
On motion of Mr. Russell, the resolution was laid upon the table.
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Mr. Miller submitted the following resolution:
Resolved, That it be referred to the Committee on Military Affairs to inquire into the expediency of authorizing by law the appointment of one assistant quartermaster, with the rank of captain, to each battalion of infantry in the Provisional Army of the Confederate States of America;
which was adopted.
Mr. Chilton introduced
A joint resolution "relating to the construction of the act entitled 'An act to organize forces to serve during the war,' approved February seventeenth, eighteen hundred and sixty-four;"
which was read a first and second time.
Mr. Chilton moved that the rule be suspended requiring the joint resolution to be referred to a committee.
The motion was lost. and the joint resolution, on motion of Mr. Miles, was referred to the Committee on the Judiciary.
Mr. Chilton submitted the following resolution:
Resolved, That it be referred to the Committee on the Judiciary to inquire whether any and what legislation may constitutionally be adopted for the confiscation of the property of those persons who, being liable to render military service to the Confederate States, have gone to a foreign country to avoid such service, and that said committee report by bill or otherwise;
which was adopted.
Also, the following resolution:
Resolved, That the Committee on Ways and Means inquire into the expediency of so amending the existing tax law as to exempt from taxation property which has been assessed, but which before the payment of the tax thereon has been destroyed without any fault of the owner, and that said committee report by bill or otherwise;
which was adopted.
Mr. Foster presented the claim of Geo. W. Foster for compensation for property destroyed by the enemy; which was referred to the Committee on Claims.
Mr. E. M. Bruce presented certain communications touching restrictions on foreign commerce; which were referred to the Committee on Commerce.
Mr. J. T. Leach submitted the following resolution:
Resolved, That the Committee on the Judiciary be instructed to report to this House, by bill or otherwise, the necessity and importance of passing a law establishing a court of claims to adjudicate such claims as may be brought against the Confederate Government;
which was referred to the Committee on the Judiciary.
Mr. Dupré introduced
A bill "to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice;"
which was read a first and second time, referred to the Committee on Printing, and ordered to be printed.
Mr. Miles introduced
A bill "to authorize the appointment of chief clerks in the bureaus of several Executive Departments;"
which was read a first and second time and referred to the Committee on the Judiciary.
The morning hour having expired,
Mr. Chambers moved that the consideration of the Calendar be postponed; which motion prevailed.
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A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows:
Mr. Speaker: The Senate have passed, without amendment, a bill (H. R. 2) to provide for the redemption of the old issue of Treasury notes held by certain Indian tribes.
They have passed, with an amendment, a bill (H. R. 68) to exempt railroad companies from the payment of certain duties.
They have passed bills of the following titles, viz:
In which amendment and bills I am directed to ask the concurrence of this House.
The President of the Confederate States has notified the Senate that he did, on the 17th instant, approve and sign Joint resolutions of the following titles, viz:
The House then resumed the consideration of the unfinished business of yesterday; which was the bill "to amend an act entitled 'An act to reduce the currency and to authorize a new issue of Treasury notes,' approved February seventeenth, eighteen hundred and sixty-four."
Mr. Machen submitted the following amendment (in the nature of a substitute):
That all loyal persons of the Confederate States, within the Federal lines, who hold Confederate notes of the old issue, and which were owned and possessed by them previous to the first day of April, eighteen hundred and sixty-four, and who from their position within the lines of the enemy were ramble to fund the same within the time prescribed in the act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds," approved February seventeenth, eighteen hundred and sixty-four, shall be entitled to fund the same in accordance with the provisions of said act, at any time from the passage of this act until the expiration of thirty days after a treaty of peace between the United States and the Confederate States: Provided, That the party holding said notes shall make oath in proper form of law that they were in their possession previous to the first day of April, eighteen hundred and sixty-four, and have been held by them since, and have not been used and circulated as currency, or, if held by them by inheritance or as a legacy, that the same were held by their ancestor or devisor previous to the said first of April, eighteen hundred and sixty-four.
Mr. Foster called the question; which was ordered, and the amendment of Mr. Machen was agreed to.
Mr. Atkins moved to amend the bill by striking out the words "above the denomination of five dollars."
The amendment was agreed to.
Mr. H. W. Bruce submitted the following amendment:
Add at the end the following: "The provisions of this act shall apply re persons within the enemy's lines at any time when they may be able to get their money out of said enemy's lines;"
which was not agreed to.
Mr. Menees submitted the following amendment:
Insert after the words "citizens of the Confederate States" the words "or
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persons belonging to the Confederate States Army within the enemy's lines as prisoners of war, or other loyal persons held as prisoners."
Mr. Hanly moved the previous question; which was ordered.
The question being on the amendment of Mr. Menees,
It was decided in the affirmative.
Mr. Akin moved that the House adjourn.
The motion was lost.
The question recurring on the amendment of Mr. Machen,
It was decided in the negative.
The question recurring on ordering the bill to be engrossed and read a third time,
It was decided in the affirmative.
Mr. Smith of North Carolina moved to reconsider the vote by which the bill was ordered to its engrossment; which motion prevailed.
Mr. Russell submitted the following amendment:
Insert after the word "fund" the words "at par in four per cent bonds;"
which was agreed to.
Mr. Smith of North Carolina submitted the following amendment:
After word "oath," line 2, page 2, insert the words "and in case of his or her absence and inability to be present, shall show by other satisfactory proof, etc.;"
which was agreed to.
Mr. Akin submitted the following amendment:
Add at the end of the bill the following: "And provided further, That any citizen of the Confederate States now held by the United States as a prisoner shall have three months after he is released or exchanged in which to fund the Treasury notes of the Confederate States he may have held at the time of his capture, provided he held said notes on the first day of April, eighteen hundred and sixty-four, and was captured before that time, or was otherwise prevented from funding said notes as provided in this act."
Mr. Barksdale called the question; which was ordered, and the amendment of Mr. Akin was agreed to.
Mr. Swan moved to recommit the bill and amendments to the Committee on Ways and Means.
Mr. Foote moved to lay the motion to recommit on the table; which latter motion did not prevail, and the motion to recommit was lost.
Mr. Atkins called the question; which was ordered, and the bill was engrossed, read a third time, and passed.
The title was read and agreed to.
The Chair announced the appointment of the Special Committee on the Subject of Impressments:
Mr. Baldwin of Virginia, Mr. Chambers of Mississippi, Mr. Chilton of Alabama, Mr. Hartridge of Georgia, and Mr. Hanly of Arkansas.
On motion of Mr. Moore,
The House adjourned.
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