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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 --TWENTY-SIXTH DAY--TUESDAY, May 31, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Doggett.
The Chair announced the appointment of the special committee under the resolution of Mr. Heiskell to investigate the violations of the impressment law in East Tennessee and southwestern Virginia, viz:
Mr. Heiskell of Tennessee, Mr. Miller of Virginia, and Mr. Elliott of Kentucky.
The Chair laid before the House a communication from the President; which was read as follows, viz:
Richmond, Va., May 30, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration communications from the proper officers, submitting estimates of the amounts required to carry out the provisions of the act approved May 13, 1864, authorizing additional compensation to certain officers and employees in the civil and legislative departments of the Government.
JEFFERSON DAVIS.
The communication and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
The Chair also laid before the House another communication from the President; which was read as follows, viz:
Richmond, Va., May 30, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of the Treasury, submitting an estimate of an additional sum required for the support of the Government.
JEFFERSON DAVIS.
The communication and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
Mr. Singleton under a suspension of the rules, presented the memorial of Capt. E. R. Morerod, asking relief from loss incurred by money stolen; which was referred to the Committee on Claims.
Also, the claim of Thomas Metzler, of Yazoo County, Miss., for remuneration for loss of steam mill burned by the enemy; which was referred to the Committee on Claims.
Also, the claim of John Cooper, of Madison County, Miss., for taxes overpaid; which was referred to the Committee on Claims.
Mr. Chilton, from the special committee to investigate the charges against Hon. W. R. W. Cobb, submitted a written report, accompanied by the following resolution:
Resolved, That the seat of Williamson R. W. Cobb as a member-elect to the House of Representatives of the Second Congress of the Confederate States of America from the Third Congressional district of the State of Alabama be, and the same is hereby, declared vacant, and the name of said Cobb is hereby ordered to be stricken from the roll of members of this House, and that the writ of election to fill such vacancy may be issued by the proper authority.
Mr. H. W. Bruce moved to recommit the report and resolution to the committee, with instructions to take further testimony during the vacation.
The motion prevailed.
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Mr. Hilton moved that the rules be suspended to enable him to offer a resolution.
Mr. Singleton demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Atkins, Ayer, Barksdale, Bell, Blandford, Boyce, Branch, Eli M. Bruce, Chilton, Chrisman, Clopton, Colyar, Cruikshank, De Jarnette, Dickinson, Dupré, Echols, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, R. K. Garland, Gholson, Goode, Heiskell, Hilton, Holder, Holliday, Keeble, Lester, Logan, Lyon, Machen, McCallum, Menees, Montague, Morgan, Orr, Pugh, Rogers, Sexton, Shewmake, Singleton, J. M. Smith, W. E. Smith, Smith of North Carolina, Swan, Triplett, Whitfield, Witherspoon, and Wright.
Nays: Anderson, Baldwin, Bradley, Horatio W. Bruce, Chambers, Conrad, Foote, Fuller, A. H. Garland, Gilmer, Hanly, Johnston, Kenner, Lamkin, J. M. Leach, J. T. Leach, Marshall, McMullin, Miller, Murray, Perkins, Ramsay, Read, Russell, Simpson, Turner, and Villeré.
Two-thirds having voted in the affirmative, the rules were suspended.
Mr. Hilton submitted the following resolution:
Resolved, That during the present session no member of this House shall speak more thanminutes at one time, nor more than once on any question.
Mr. Conrad moved to fill the blank with the word "sixty."
Mr. H. W. Bruce moved to fill the blank with the word "fifty."
Mr. Hilton moved to fill the blank with the word "twenty."
Mr. Akin moved to fill the blank with the word "ten."
Mr. Blandford moved to fill the blank with the word "five."
Mr. Hilton moved the previous question; which was ordered.
The question being on the amendment of Mr. Conrad,
It was decided in the negative.
The question recurring on the amendment of Mr. H. W. Bruce,
It was decided in the negative.
The question recurring on the amendment of Mr. Hilton,
It was decided in the affirmative.
Mr. Hilton called the question; which was ordered, and the resolution was adopted.
Mr. Smith of North Carolina moved that the rules be suspended toenable him to introduce a bill and several resolutions.
The motion was lost.
Mr. Akin moved that the rules be suspended to enable him to present a memorial.
The motion was lost.
Mr. Foote moved that the rules be suspended to enable him to report from the Special Committee on Pay and Mileage.
The motion prevailed.
Mr. Foote, from said committee, to whom had been referred a Senate bill "to regulate the compensation and mileage of members of Congress for the present session," reported back the same with the recommendation that it do pass with the following amendments:
Strike out the words "the present session" and insert in lieu thereof the words "the first year of the Second Congress."
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Add the following as an independent section:
The question being on postponing the bill and placing it on theCalendar,
It was decided in the negative.
Mr. Foote moved the previous question; which was ordered.
The question being on the amendments of the committee,
It was decided in the affirmative.
The question recurring on ordering the bill to a third reading,
It was decided in the affirmative.
The question recurring on the passage of the bill,
Mr. Barksdale demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Atkins, Ayer, Baylor, Branch, Eli M. Bruce, Horatio W. Bruce, Chambers, Chrisman, Dupré, Elliott, Foote, Funsten, Gaither, A. H. Garland, R. K. Garland, Goode, Hanly, Hartridge, Heiskell, Hilton, Hodge, Keeble, Kenner, Lamkin, Lester, Logan, Machen, McCallum, Menees, Miles, Miller, Morgan, Murray, Pugh, Read, Rogers, Russell, Sexton, Simpson, Singleton, J. M. Smith, Swan, Triplett, Villeré, and Whitfield.
Nays: Anderson, Baldwin, Barksdale, Boyce, Bradley, Chilton, Clopton, Colyar, Conrad, Cruikshank, De Jarnette, Dickinson, Echols, Farrow, Foster, Fuller, Gholson, Gilmer, Holder, Holliday, Johnston, J. M. Leach, J. T. Leach, Lyon, Marshall, McMullin, Montague, Perkins, Ramsay, Rives, Shewmake, W. E. Smith, Smith of North Carolina, Staples, Turner, Witherspoon, and Wright.
So the bill was passed.
Mr. Foote moved to reconsider the vote just taken, and called the question; which was ordered.
The motion to reconsider was lost.
The committee moved to amend the title by striking out the words "for the present session" and adding the words "and increase the compensation of officers of the Senate and House of Representatives."
The amendment was agreed to, and the title as amended was read and agreed to.
The House then proceeded to the consideration of unfinished business, viz:
The bill to authorize the President to confer temporary rank and command upon officers of the Provisional Army who may be assigned for special service.
The question being on the amendment of Mr. Baldwin,
Mr. Miles demanded-the yeas and nays;
Which were ordered,
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Yeas: Akin, Anderson, Ayer, Baldwin, Barksdale, Baylor, Bell, Blandford, Bradley, Eli M. Bruce, Chrisman, Clopton, Colyar, Dupré, Gaither, R. K. Garland, Gholson, Gilmer, Goode, Hartridge, Heiskell, Hilton, Johnston, Keeble, Kenner, Lamkin, J. M. Leach, J. T. Leach, Lester, Lyon, Menees, Miller, Orr, Pugh, Ramsay, Rives, Shewmake, W. E. Smith, Staples, Triplett, Turner, Villeré, Witherspoon, and Wright.
Nays: Branch, Chilton, Cruikshank, Dickinson, Farrow, Foster, Fuller, Funsten, A. H. Garland, Hanly, Hedge, Holder, Holliday, Machen, Marshall, Miles, Montague, Morgan, Murray, Perkins, Simpson, Singleton, J. M. Smith, and Whitfield.
So the amendment was agreed to.
The bill was then engrossed, read a third time and passed, and the title was read and agreed to.
Mr. Baylor moved to suspend the rules, to enable him to record his vote on the passage of the bill "to regulate the compensation and mileage of members of Congress for the present session."
The motion prevailed.
Mr. Miles moved that the special order be postponed to enable him to report from the Committee on Military Affairs.
The motion prevailed.
Mr. Miles, from the Committee on Military [Affairs], to whom had been referred a Senate bill (S. 40) "to amend the act to allow commissioned officers of the Army rat ions and the privilege of purchasing clothing from the Quartermaster's Department, approved seventeenth February, eighteen hundred and sixty-four," reported back the same with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Also, a Senate bill (S. 23) "to provide for the appointment of additional military storekeepers in the Provisional Army of the Confederate States," with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Conrad submitted the following amendment:
Add at the end of the bill the words "or those who had held the same office under the Government of the United States and resigned in consequence of the secession of their States."
Mr. Fuller submitted the following amendment to the amendment of Mr. Conrad:
Strike out the whole thereof and insert the following: "or those who are under the age of fifty years."
Mr. Miles called the question; which was ordered, and the amendment of Mr. Fuller was lost.
The amendment of Mr. Conrad was lost.
The bill was read a third time and passed, and the title was read to.
Mr. Miles, from the same committee, reported back a Senate bill (S. 24) "to authorize the appointment of additional officers of artillery for ordnance duties," with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
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The bill was read a third time and passed, and the title was read and agreed to.
Mr. Miles, from the same committee, reported back a Senate bill (S. 34) "to provide for the compensation of noncommissioned officers, soldiers, sailors, and marines on detailed service," with the recommendation that it do pass with the following amendment (in the nature of a substitute):
That all persons detailed from the Army, or after enrollment for military service, for special duty or extra duty shall be allowed to receive their regular pay, rations, and allowances as if they were performing service in the field.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The amendment of the committee was agreed to.
The bill was read a third time and passed.
Mr. Miles moved to amend the title by striking out the same and inserting in lieu thereof the following:
A bill to regulate the pay of men detailed from the Army, or after enrollment, on special or extra duty.
The amendment was agreed to.
The title as amended was read and agreed to.
Mr. Miles, from the same committee, reported back a Senate bill (S. 15) "to furnish transportation" to officers of the Army and Navy while traveling under orders, with the recommendation that it do pass with the following amendment:
Insert at the end of the fifth line the words "and ten dollars per day for expenses while necessarily traveling in the execution of their orders."
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The amendment of the committee was agreed to.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Marshall, from the same committee, reported back a Senate bill (S. 31) "to promote the efficiency of the cavalry of the Provisional Army, and to punish lawlessness and irregularities of any portions thereof," with the recommendation that it do pass with the following amendment (in the nature of a substitute):
That the commanding general of any army in the field shall have the power to direct the dismounting of any noncommissioned officer or soldier in the
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cavalry service in his command, and to place him in the infantry, who shall misbehave before the enemy or shall be guilty of illegally wasting, spoliating, or appropriating to his own use any private property, or of doing any violence to any citizen.
2. That the horses belonging to persons so dismounted, and which they may have had in the service, may be taken for the use of the Army, and the appraised value thereof shall be paid to the owner.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Pending the question on the amendment of the committee,
The hour of 3 having arrived,
The House took a recess until 8 o'clock;
And having reassembled,
Mr. Funsten moved that leave of absence be granted Mr. Welsh (detained from his seat by indisposition).
Mr. Sexton demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Atkins, Boyce, Bradley, Branch, Horatio W. Bruce, Chilton, Clopton, Colyar, Cruikshank, Dickinson, Dupré, Ewing, Farrow, Funsten, A. H. Garland, R. K. Garland, Gholson, Heiskell, Hilton, Holliday, Johnston, Keeble, Kenner, Lamkin, J. T. Leach, Lester, Logan, Lyon, McCallum, Miles, Montague, Moore, Morgan, Orr, Ramsay, Rogers, Russell, Sexton, Simpson, Singleton, J. M. Smith, Smith of North Carolina, Swan, Triplett, Villeré, and Witherspoon.
Nays: None.
No quorum being present,
Mr. Hilton moved a call of the House; which motion prevailed.
Upon the call of the roll the following gentlemen answered to their names:
Messrs. Anderson, Atkins, Baylor, Bradley, Branch, Horatio W. Bruce Chilton, Clopton, Colyar, Cruikshank, Dickinson, Dupré, Ewing, Farrow, Funsten, A. H. Garland, R. K. Garland, Gholson, Heiskell, Hilton, Holliday, Johnston, Keeble, Kenner, Lamkin, J. T. Leach, Lester, Logan, Lyon, McCallum, McMullin, Menees, Miles, Montague, Moore, Morgan, Orr, Pugh, Ramsay, Rogers, Russell, Sexton, Shewmake, Simpson, Singleton, J. M. Smith, Smith of North Carolina, Swan, Triplett, Turner, Villeré, Whitfield, Witherspoon, and Mr. Speaker.
A quorum having voted,
On motion of Mr. Sexton, all further proceedings under the call were dispensed with.
The question being on the motion to grant leave of absence to Mr. Welsh,
It was decided in the affirmative.
On motion of Mr. Ewing, leave of absence was granted his colleague, Mr. Machen (detained from his seat by indisposition).
Mr. Rogers moved to suspend the rule limiting debate.
The motion was lost.
Mr. Rogers moved that the rules be suspended to enable him to make a personal explanation; which motion prevailed.
Mr. Heiskell called the question.
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Mr. Hilton demanded the previous question; which was ordered.
The question being on the amendment of the committee to the Senate bill "to promote the efficiency of the cavalry of the Provisional Army, and to punish lawlessness and irregularities of any portions thereof,"
It was decided in the affirmative.
The question, recurring, on ordering the bill to a third reading,
It was decided in the affirmative.
The question recurring on the passage of the bill,
Mr. Murray demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Barksdale, Baylor, Blandford, Bradley, Branch, Horatio W. Bruce, Chambers, Colyar, Conrad, Cruikshank, De Jarnette, Dickinson, Dupré, Echols, Farrow, Foster, R. K. Garland, Gholson, Geede, Hartridge, Heiskell, Hedge, Johnston, Keeble, Kenner Lamkin, Lester, Logan, Lyon, Marshall, McMullin, Menees, Miles, Morgan, Orr, Pugh, Read, Simpson, Singleton, J. M. Smith, Staples, Triplett, Villeré, and Wright.
Nays: Ayer, Baldwin, Bell, Chilton, Clopton, Elliott, Ewing, Foote, Fuller, Funsten, A. H. Garland, Gilmer, Hilton, Holder, Holliday, J. M. Leach, J. T. Leach, McCallum, Miller, Montague, Moore, Murray, Perkins, Ramsay, Rogers, Russell, Sexton, Shewmake, Smith of North Carolina, Turner, Whitfield, and Witherspoon.
So the bill was passed.
Mr. Foster moved to reconsider the vote just taken, and called the question; which was ordered.
The motion was lost.
The title was read and agreed to.
Mr. Villeré from the Committee on Military Affairs. reported back a Senate bill (S. 43) "to regulate the pay of a general assigned to duty at. the seat of government under the provisions of the act approved March twenty-fifth, eighteen hundred and sixty-two," with the recommendation that it do pass with the following amendment (in the nature of a substitute):
That the pay of a general shall be six hundred dollars per month; that of a lieutenant-general five hundred dollars per month, and that of a major-general five hundred dollars per month, whether assigned to posts or in the field; and these officers shall not receive the additional compensation heretofore allowed for commanding a separate army in the field.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The bill was read a third time and passed.
Mr. Villeré moved to amend the title by striking out the same and inserting in lieu thereof the following, viz:
A bill to graduate the pay of general officers.
The amendment was agreed to, and the title as amended was read and agreed to.
Mr. Villeré, from the same committee, reported back
A joint resolution "of thanks to Major-General Richard Taylor and the officers and men of his command,"
with the recommendation that it do pass.
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The question being on postponing the bill [joint resolution] and placing it on the Calendar,
It was decided in the negative.
The joint resolution was engrossed, read a third time, and passed unanimously.
The title was read and agreed to.
Mr. Chambers, from the same committees reported back
A bill "to amend an act entitled 'An act to establish a niter and mining bureau,' approved April twenty-second, eighteen hundred and sixty-three,"
with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Chambers, from the same committee, reported a bill with the same title, with the recommendation that it do pass.
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. Lyon, from the Committee on Ways and Means, according to order, reported back
A bill "to provide a staff and clerical force for any general who may be assigned by the President to duty at the seat of government, approved March twenty-fifth, eighteen hundred and sixty-two."
And the bill was as referred to the Committee on Military Affairs.
The House then, on motion of Mr. Lyon, resolved itself into secret session; and having spent some time therein, resumed business in open session.
On motion of Mr. A. H. Garland.
The House adjourned.
SECRET SESSION.
The House being in secret session,
Mr. Lyon, from the Committee on Ways and Means, reported
A bill "making appropriations for the redemption of the seven per cent foreign loan authorized by act of Congress approved twenty-ninth January, eighteen hundred and sixty-four;"
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 then resolved itself into Committee of the Whole, for the purpose of considering the bill. Mr. Smith of North Carolina in the chair.
Having spent some time therein, the committee rose and reported, through their Chairman, that the committee had had the bill under consideration, and recommended that it do pass without any amendment.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
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Mr. Rogers, under a suspension of the rules, submitted the following resolution:
Resolved, as the sense of this House, That the injunction of secrecy upon the proceedings of the Provisional and the First Permanent Congress of the Confederate States ought not to be so construed as to preclude the members of this Congress from a knowledge of all the proceedings of those bodies had in secret session.
Resolved further, That the injunction of secrecy upon the proceedings aforesaid shall be binding upon the members of this Congress until the same shall be removed;
which was adopted.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
On motion of Mr. A. H. Garland,
The House resolved itself into open session.
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