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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 --SECOND DAY--TUESDAY, November 8, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Duncan.
Messrs. Batson of Arkansas and Wilkes of Missouri appeared, were sworn to support the Constitution, and took their seats.
On motion of Mr. Menees, leave of absence was granted his colleague, Mr. Atkins, who was detained from his seat by sickness in his family, and his colleague, Mr. Cluskey, who was detained by reason of his wound.
The Chair laid before the House a communication from the governor of Virginia, transmitting the proceedings of the governors of several of the States of the Confederacy; which, on motion of Mr. Perkins, were ordered to be printed and spread upon the Journal.
The proceedings are as follows, viz:
Letter from the governor of Virginia, communicating a series of resolutions passed at a meeting of the governors of the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, and Mississippi, held in Augusta, Ga., on Monday, the 17th day of October, 1864.
State of Virginia, Executive Department,
Richmond, November 7, 1864.
To the Speaker of the House of Representatives of the Confederate States.
Sir: I herewith inclose the proceedings of the governors of several of the States of the Confederacy, which you will please present to your body.
I am, sir, yours, most respectfully,
WM. SMITH.
At a meeting of the governors of the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, and Mississippi, held in Augusta, Ga., on Monday, the 17th day of October, 1864, Governor William Smith presiding, after a full, free, and harmonious consultation and interchange of counsel, the following, among other views, were expressed:
Resolved, That there is nothing in the present aspect of public affairs to cause any abatement of our zeal in the prosecution of the war to the accomplishment of a peace based on the independence of the Confederate States. And to give encouragement to our brave soldiers in the field, and to strengthen the Confederate authorities in the pursuit of this desirable end, we will use our best exertions to increase the effective force of our armies.
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Resolved, That the interests of each of our States are identical in the present struggle for self-government, and wisdom and true patriotism dictate that the military forces of each should aid the others against invasion and subjugation, and for this purpose we will recommend to our several legislatures to repeal all such laws as prohibit the executives from sending their forces beyond their respective limits, in order that they may render temporary service wherever most urgently required.
Resolved, That whilst it is our purpose to use every exertion to increase the strength and efficiency of our State and Confederate forces, we respectfully and earnestly request that the Confederate authorities will send to the field every able-bodied man, without exception, in any of its various departments, whose place can be filled by either disabled officers and soldiers, senior reserves, or negroes, and dispense with the use of all provost and post guard, except in important cities or localities where the presence of large bodies of troops make them necessary, and with all passport agents upon railroads not in the immediate vicinity of the armies, as we consider these agents an unnecessary annoyance to good citizens and of no possible benefit to the country.
Resolved, That we recommend our respective legislatures to pass stringent laws for the arrest and return to their commands of all deserters and stragglers from the Confederate armies or State troops, and that it be made the special duty, under appropriate penalties, of all civil and military officers to arrest and deliver to the proper authorities all such delinquents.
And whereas the public enemy, having proclaimed the freedom of our slaves, are forcing into their armies the able-bodied portion thereof, the more effectually to wage their cruel and bloody war against us: Therefore be it
Resolved, That it is the true policy and obvious duty of all slave owners timely to remove their slaves from the line of the enemy's approach, and especially those able to bear arms; and when they shall fail to do so, that it should be made the duty of the proper authorities to enforce the performance of this duty, and to give to such owners all necessary assistance as far as practicable.
Resolved, That the course of the enemy in appropriating our slaves who happen to fall into their hands to purposes of war seems to justify a change of policy on our part; and whilst owners of slaves, under the circumstances, should freely yield them to their country, we recommend to our authorities, under proper regulations, to appropriate such part of them to the public service as may be required.
Resolved, That the States have the right to export such productions and to import such supplies as may be necessary for State use or for the comfort or support of their troops in service, upon any vessel or vessels owned or chartered by them, and that we request Congress, at its next session, to pass laws removing all restrictions which have been imposed by Confederate authority upon such exports or imports by the States.
And, lastly, we deem it not inappropriate to declare our firm and unalterable purpose, as we believe it to be that of our fellow-citizens, to maintain our right of self-government, to establish our independence, and to uphold the rights and sovereignty of the States, or to perish in the attempt.
Resolved, That the chairman be requested to send a copy of these resolutions to His Excellency President Davis, one each to the President of the Senate and the Speaker of the House of Representatives, to be laid before the respective bodies, and one to the governor of each State in the Confederacy.
The Chair also laid before the House a communication from Captain Lee, in charge of the office of orders and detail, Confederate States Navy Department, transmitting for distribution 100 copies of the Navy Register for 1864; which was laid upon the table.
Mr. Hanly offered the following resolution; which was adopted, VIZ:
Resolved, That the President be respectfully requested to communicate to this House whether any appointments have been made under the act entitled "An act to provide and organize a general staff for armies in the field, to serve during the war," approved June fourteenth, eighteen hundred and sixty-four; and if not, why have not such appointments been made in pursuance of said act.
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Also, the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be, and they are hereby, instructed to inquire whether the officers and privates of our armies have or have not been paid for the past several months; and if not, why.
Mr. Blandford introduced
A bill "to repeal an act entitled 'An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense,' approved February sixth, eighteen hundred and sixty-four;"
which was read a first and second time and referred to the Committee on Commerce.
Mr. Bell offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be instructed to inquire into the cause of the absence of so many officers and soldiers from the Army, and ascertain whether the failure to keep them with their proper commands results from defective legislation or inefficient enforcement of the law, and report by bill or otherwise such measure as in their judgment will most speedily and effectually return them to their respective commands, and prevent in the future the recurrence of such unauthorized absence.
Mr. Burnett introduced
A joint resolution "of thanks to Brigadier-General John S. Williams and the officers and men under his command for their victory over the enemy at Saltville, Virginia, on the second day of October, eighteen hundred and sixty-four;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Chrisman offered the following resolution; which was adopted, viz:
Resolved, That the President be respectfully requested, if not incompatible with the public interest, to cause to be furnished to this House the names of all persons specially exchanged by the commissioners of exchange since the establishment of the bureau for the exchange of prisoners; also the time of the capture and the date of exchange.
Also, the following resolution:
Resolved, That this House do now proceed to draw for seats.
Mr. Foote called the question; which was ordered, and the resolution was adopted.
The Chair laid before the House a communication from the Treasurer relative to the pay of members during the vacation; which was laid upon the table.
Mr. Barksdale introduced
A bill "to provide for the more effectual punishment of crimes and misdemeanors against the Confederate States;"
which was read a first and second time and referred to the Committee on the Judiciary.
Also, a bill "to define the crimes of larceny and embezzlement against the Confederate States;" which was read a first and second time and referred to the Committee on the Judiciary.
Also a bill "to regulate the compensation of certain officers;" which was read a first and second time and referred to the Committee on the Judiciary.
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Mr. Vest introduced
A bill "for the relief of Major John Reid, of Missouri;"
which was read a first and second time and referred to the Committee on Claims.
Mr. J. T. Leach introduced
A bill "for the suppression of intemperance and its concomitant evils in the civil and military departments of the Confederate Government;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Miles introduced
A joint resolution "authorizing the raising and organizing of a Polish legion;"
which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill "to authorize the consolidation of companies, battalions, and regiments;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill "to construe and declare more explicitly the meaning of an act entitled 'An act to increase the compensation of the heads of the several Executive Departments and the Assistant Secretary of War and the Treasury and of the Assistant Attorney-General and the Comptroller of the Treasury and other officers therein named,' approved June fourteenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Miles offered the following resolution; which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of adopting some legislation by which citizens of the Confederate States liable to military duty now absent abroad (unless in Government service) and not resident abroad at the commencement of the present war may be compelled to return and perform such military duty, upon pain of confiscation of their property and effects, or deprivation hereafter of the elective franchise, or such other penalty as may be deemed most effectual for inducing such absentees to return to and assist in defending the soil of their country.
Mr. Foote offered the following resolution:
Resolved, That the Doorkeeper of the House be, and he is hereby, instructed to procure and place upon the desks of the several members of this body three of the morning papers printed in this city during each day of the present session, at some early hour thereof, each member being allowed to designate the papers which he prefers.
Mr. Baldwin demanded the yeas and nays thereon:
Which were ordered.
Yeas: Bell, Blandford, Eli M. Bruce, Horatio W. Bruce, Burnett, Chilton, Chrisman, Clark, Colyar, Dickinson, Dupré, Foote, Gilmer, Hanly, Keeble, Kenner, J. T. Leach, Marshall, Murray, Read, W. E. Smith, Snead, and Triplett.
Nays: Anderson, Baldwin, Barksdale, Chambers, Clopton, Conrow, De Jarnette, Echols, Farrow, Fuller, Funsten, Gaither, Gholson, Goode, Hatcher, Hilton, Holliday, Johnston, Lester, Lyon, Machen, Miles, Miller, Montague, Moore, Orr, Perkins, Ramsay, Rives, Russell, Shewmake, Simpson, J. M. Smith, Staples, Turner, Vest, Villeré, Welsh, Wickham, Wilkes, and Witherspoon.
So the resolution was not adopted.
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Mr. Foote offered the following resolution:
Resolved, That it be the duty of the Doorkeeper to supply each one of the committee rooms of the House regularly with the various morning papers printed in this city.
The resolution was not adopted.
Mr. Foote offered the following resolution; which was adopted:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to inquire specially whether it be true, as rumored, that unsound and worthless tobacco has been heretofore supplied to our soldiers, instead of the sound tobacco directed by law to be supplied to them, and report their action herein to this House as early as practicable.
Mr. Foote offered the following resolution:
Resolved, That in view of the statement made in the President's message of the conduct of foreign powers toward us, it is alike expedient and necessary to our own honor as an independent people that an attempts to obtain recognition at their hands by direct efforts of any kind on our part should be desisted from, and that all diplomatic agents heretofore accredited to any of them should be at once withdrawn.
On motion of Mr. Foote, the resolution was referred to the Committee on Foreign Affairs.
Mr. Foote offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Quartermaster's and Commissary Departments be instructed to inquire thoroughly into the present condition of said departments, with a view to ascertaining whether any additional legislation is necessary to increase their efficiency; and also with a view to ascertaining whether any pecuniary frauds have been committed by persons in the employment of said departments, and also what additional legislation may be needed for the punishment of fraudulent conduct on the part of the employees thereof, and for the prevention, so far as practicable, of such fraudulent practices in future.
Mr. Foote also offered the following resolution; which was adopted:
Resolved, That the Committee on Quartermaster's and Commissary Departments be instructed to inquire whether it be true that the Commissary Department of the Confederate Government paid, or agreed to pay, to any persons whatever, during the months of July and August last, the sum of thirty dollars or forty dollars per bushel for wheat, and who, if any, were the individuals with whom such extraordinary contracts were made, together with all the material circumstances connected therewith.
Mr. Foote offered the following resolution, to wit:
Resolved, That this House does cordially concur in that portion of the views expressed by the President in his late annual message touching the employment of slaves by the Confederate Government in connection with the present war, which is embraced in the following propositions:
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owner from casualties resulting from employment in the service, now. for the purposes enumerated in said act of February last. "instruction in the manner of encamping, marching, and parking trains is needful, so that even in this limited employment length of service adds greatly to the value of the negro's labor:" for these and for other reasons it is expedient that the Government should "acquire for the public service the entire property in the labor of the slave and to pay therefor due compensation, rather than to impress his labor for short terms:" and when said property is thus acquired it would be eminently politic that emancipation should "be held out to him as a reward for faithful service," and all proper efforts should be made to obtain "the permission of the State from which he was drawn to reside within its limits after the close of his public service."
Resolved, That in the whole action of the Confederate Government on this important subject it is desirable and necessary to have the sanction and approval of the sovereign States who constitute tilts Confederacy, and that no important movement looking to the emancipation of the slave of the South, or of any portion thereof, should be taken by this Government without the unanimous consent of the people of said States in convention assembled.
Resolved, That Congress have no authority to interfere with the emancipation of slaves or the treatment of them, in any of the States, without the consent of said States, and that nothing could be more unfortunate at this time than the assertion of a power on the part of the Confederate Government to emancipate any portion of the slaves of the South, either as a war or peace measure, or under any possible circumstances, without the consent thereto being first had and obtained of the State or States wherein such slaves shall be resident.
On motion of Mr. Foote, the consideration of the resolution was postponed until Thursday.
Mr. Colyar offered the following resolution; which was adopted:
Resolved, That the prompt payment of our troops, according to law, is a matter of the first Importance; and whereas at the last session of Congress it was supposed ample provision had been made for the payment thereof, notwithstanding, from some cause, the Army of Tennessee and perhaps other armies have been greatly neglected and not paid off for many months while other armies have been promptly paid,
Therefore the Committee on Ways and Means should at once ascertain the cause of this delay and neglect and report the same, with the remedy, by bill or otherwise.
Also, the following resolution; which was adopted:
Resolved, That the Committee on the Judiciary inquire into the expediency of conferring upon the district courts of the Confederate States of America the power to grant the writ of mandamus in cases wherein the same power was vested heretofore by law in the Supreme Court of the United States. and that the committee report by bill or otherwise.
On motion of Mr. Chambers,
The House adjourned until 12 o'clock to-morrow.
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