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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 --SEVENTEENTH DAY--FRIDAY, May 20, 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 communication from the President; which was read as follows, viz:
Richmond, Va., May 19, 1864.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering a copy of the "reports of General Bragg and his subordinate commanders of the battle of Chickamauga."
JEFFERSON DAVIS.
The communication and accompanying documents were laid upon the table and ordered to be printed.
The House then proceeded to the consideration of the order of the day, viz:
The resolution of Mr. Foote to repeal the act suspending the privilege of the writ of habeas corpus.
Pending which,
The morning hour having expired,
Mr. Pugh moved that the consideration of the Calendar be postponed; which motion prevailed.
Mr. Pugh moved to lay the resolution on the table.
Mr. J. M. Leach demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Barksdale, Blandford, Boyce, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clopton, Colyar, Conrad, De Jarnette, Dickinson, Dupré, Echols, Foster, Funsten, Gaither, A. H. Garland, Hanly, Hartridge, Heiskell, Hilton, Holliday, Johnston, Keeble, Lyon, Machen, McCallum, Menees, Miles, Miller, Montague, Moore, Perkins, Pugh, Read, Russell, Sexton, Shewmake, Singleton, J. M. Smith, W. E. Smith, Staples, Swan, Triplett, Villeré, Welsh, Whitfield, Witherspoon, and Mr. Speaker.
Nays: Ayer, Baldwin, Bell, Cruikshank, Farrow, Foote, Fuller, Gholson, Gilmer, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, McMullin, Murray, Orr, Ramsay, Rives, Rogers, Simpson, Smith of North Carolina, and Turner.
So the motion to lay the resolution on the table prevailed.
A message was received from the Senate, by Mr. Nash, the Secretary of that body; which is as follows, viz:
Mr. Speaker: The Senate have passed, without amendment, a bill and joint resolution of this House of the following titles, viz:
They have passed bills and a joint resolution of the following titles, viz:
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In which I am directed to ask the concurrence of this House.
The Chair laid before the House a Senate bill (S. 13) "to extend to the Navy and Marine Corps the provisions of the third section of 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 and referred to the Committee on Naval Affairs.
Also, a Senate joint resolution (S. 7) "in regard to the exemption of editors and employees of newspapers;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a Senate bill (S. 34) "to provide for the compensation of noncommissioned officers, soldiers, sailors, and marines on detailed service;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a Senate bill (S. 10) "to amend an act entitled 'An act to aid any State in communicating with and perfecting records concerning its troops,' approved sixteenth February, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a communication from the President; which was read as follows, viz:
To the House of Representatives of the Confederate States of America:
The following resolution, passed by the House on the 14th instant, has been received:
"Resolved, That the President be requested to inform the House, if not incompatible with the public interest, whether the reasons given in his special message for suspending the writ of habeas corpus still exist, and what additional reasons now exist to such extent that the public safety requires the continuance of the suspension thereof."
In my opinion, the reasons given in the special message transmitted to Congress at its last session, recommending the suspension of the writ of habeas corpus, still exist in undiminished force, and the present juncture especially requires the continuance of the suspension. The effects of the law for that purpose have been most salutary, and to that law, in no inconsiderable degree, are we indebted for the increased efficiency of the military preparations which have enabled our gallant armies, under the providence of God, to beat back the vast invading forces, which still threaten us.
In my judgment, it would be perilous, if not calamitous, to discontinue the suspension while the armies of the enemy are pressing on our brave defenders with persistent effort for their destruction and for the subjugation of our country.
It is a source of gratification to be able to inform you that the mere passage of the law suspending the writ was so effectual in restraining those who were engaged in treasonable practices, and in dangerous complicity with our enemies, that the instances are very few in which arrests were found necessary.
The effect of the law, in preventing the abuse of the writ, for the purpose of avoiding military service, by men whose plain duty it is to defend their country, can hardly be overestimated.
The sensitiveness exhibited in different parts of the country to the legislation on this subject is indicative of the love of freedom which is innate among the people, and which should ever be cherished as the sole guarantee for the preservation
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of their constitutional liberties. It is not doubted, however, that if those who have expressed dissatisfaction with the law, had been in possession of the information which it was my duty to communicate to you, and which may not yet be revealed without injury to the public interest, they would fully have approved the exercise of the power of suspending the writ, which was intrusted to Congress by the Constitution. All trusts impose duties. The power was intrusted expressly with the intent that it should be used when necessary to the public safety in case of invasion. Congress, concurring with me that the exigency had arisen which required the exercise of the power, performed but a plain duty in passing the law, and such will, I doubt not, be the judgment of the people when the facts can be made known without detriment to their interest.
JEFFERSON DAVIS.
Richmond, Va., May 20, 1864.
Mr. Russell moved that the communication be printed and referred to the Committee on the Judiciary.
Mr. Conrad moved to postpone the motion of Mr. Russell until tomorrow, and make it the special order for the morning hour; which latter motion prevailed.
Under a general suspension of the rules, Mr. Barksdale presented the petition of Joshua and Thomas Green, asking compensation for property seized by the military authorities; which was referred to the Committee on Claims.
Mr. Conrad introduced
A bill "for the establishment and equalization of the grades of officers of the Navy, and for other purposes;"
which was read a first and second time and referred to the Committee on Naval Affairs.
Mr. Conrad presented the memorial of C. Williams, asking for a special appropriation for constructing a submarine vessel for attacking the enemy's vessels with torpedoes and for fixing and removing submarine defenses; which was referred to the Committee on Naval Affairs.
On motion of Mr. Atkins,
The House adjourned until 11 o'clock to-morrow.
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