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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-THIRD DAY--MONDAY, December 5, 1864.
OPEN SESSION.
The House took up for consideration the special order; which was (H. R. 242) a bill "to provide for sequestrating the property of persons liable to military service who have departed, or shall depart, from the Confederate States without permission."
Mr. Machen offered the following resolution, viz:
Resolved, That when the House adjourn to-day it adjourn to meet to-morrow at eleven o'clock antemeridian.
The resolution was lost.
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Mr. Russell moved to postpone the special order until Wednesday morning for the morning hour.
The motion was agreed to.
Mr. Boyce, from the Committee on Naval Affairs, under a suspension of the rules, reported back the report of the Secretary of the Navy, with a recommendation that it be printed; which was agreed to.
Mr. Foster introduced
A bill "to extend the jurisdiction of the military courts of the Confederate States;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Foster also introduced
A bill "for the relief of the citizens of north Alabama;"
which was read a first and second time and referred to the Committee on the Quartermaster's and Commissary Departments.
Mr. Garland introduced
A bill "for the relief of taxpayers in certain cases;"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Garland offered the following resolution; which was adopted viz:
Resolved, That the Committee on Military Affairs be hereby instructed to take under their consideration the subject of "exemption," as regulated by the present acts of Congress, with a view to ascertaining how far the present exemption laws may be repealed and the number of exemptions curtailed without detriment to the public good, and the committee be instructed to report by bill or otherwise as early as practicable.
Mr. Hartridge introduced
A bill "for the issue of duplicate bonds and certificates of stock in certain cases;"
which was read a first and second time and referred to the Committee on Claims.
Mr. Hartridge also introduced
A bill "to alter and amend the several acts heretofore passed for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States;" which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Hartridge presented a memorial of officers of Anderson's brigade, in reference to clothing and rations for troops; which was referred to the Committee on Military Affairs.
Mr. Bell presented a memorial of officers of General Wofford's Georgia brigade, asking that they be supplied by the Government with clothing; which was referred to the Committee on Quartermaster's and Commissary Departments.
Mr. Bell offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Quartermaster's and Commissary Departments be instructed to inquire whether quartermasters controlling the sale and distribution of Government clothing and cloth have supplied officers and clerks in the departments at the capital, and those on post duty elsewhere, with clothing in preference to, and exclusive of, field and line officers on active duty in the field, and if so, by virtue of what laws it has been done, and report by bill or otherwise such measures as will secure clothing to the men and officers on duty in the field in preference to any others.
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Mr. Akin offered the following resolution, viz:
Resolved, That it is expedient to repeal the thirteenth section of an act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds," approved January seventeenth, eighteen hundred and sixty-four.
On motion of Mr. Moore, the resolution was referred to the Committee on Ways and Means.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have rejected a bill of this House (H. R. 189) to amend the laws in relation to the receipt of counterfeit Treasury notes by public officers.
They have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
Mr. Anderson presented a memorial from ladies of Pittsylvania County, Va., in favor of the exemption of millwrights, etc., from military service.
The memorial was referred to the Committee on Military Affairs.
Mr. Anderson offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of increasing the compensation of collectors of taxes.
Mr. W. E. Smith introduced
A bill "to amend an act entitled 'An act to regulate impressments,' approved March twenty-sixth, eighteen hundred and sixty-three;"
which was read first and second times and referred to the Special Committee on Impressments.
Mr. Lester offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be, and they are hereby, instructed to consider what amendments can be made to the act entitled "An act to punish drunkenness in the Army," approved August twenty-first, eighteen hundred and sixty-two, so as to secure a prompt report of all violations of said act and a certain punishment of the offenders, and that the committee report on the subject by bill or otherwise.
Mr. Moore presented a memorial from the officers and employees of the medical purveyor's office in the city of Richmond, praying that they be allowed the benefit of the law increasing the compensation of clerks in the Executive Departments.
The memorial was referred to the Committee on the Judiciary.
Mr. Moore introduced
A joint resolution "explanatory of the act approved January thirteenth, eighteen hundred and sixty-four, increasing the compensation of certain civil officers in the legislative and executive departments at Richmond."
The joint resolution was read a first and second time and referred to the Committee on the Judiciary.
Mr. H. W. Bruce introduced the following resolution; which was adopted, viz:
Resolved, That the Committee on Quartermaster's and Commissary Departments be instructed to inquire and report by bill or otherwise whether any additional legislation is necessary to have sufficiently and properly fed the negroes employed by the Government on public works as teamsters and otherwise.
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Mr. Machen offered the following resolution; which was adopted, viz:
Whereas it is reported that in some sections of the country quartermasters and commissaries are in the habit of allowing citizens to draw and consume Government supplies from producers at Government prices, in manifest violation of the purposes for which the law of impressment was passed: Therefore,
Resolved, That the Committee on Quartermaster's and Commissary Departments inquire into said complaints, and if found to be true, that they report a bill which will more effectually protect the Government against such use of supplies and to punish parties guilty of such conduct.
Mr. Dupré introduced
A bill "to suspend the collection of taxes in certain cases;"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Dupré also introduced
A bill "to amend an act to levy additional taxes for the common defense and support of the Government, approved February seventeenth, eighteen hundred and sixty-four, and to construe and declare more explicitly the meaning thereof;"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Dupré also introduced
A bill "to amend an act entitled 'An act to impose regulations upon the foreign commerce of the Confederate States to provide for the common 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. Perkins introduced
A bill "to amend the act of February seventh, eighteen hundred and sixty-three, so as to allow commutation to soldiers for the war who have received no furlough;"
which was read a first and second time and referred to the Committee
on Military Affairs.
Mr. Chambers introduced
A bill "to provide for taking testimony on claims for the value or for the use and services of slaves in certain cases;"
which was read a first and second time and referred to the Special Committee on Impressments.
Mr. Chambers also introduced
A bill "to allow clerks and employees in the Executive Departments at Richmond to purchase rations;"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Chambers presented a memorial from clerks and employees in the Executive Departments at Richmond, praying the passage of a law allowing them the privilege of purchasing supplies from Government stores at Government prices.
The memorial was referred to the Committee on Ways and Means.
Mr. Lamkin introduced
A bill "to amend an act of the Provisional Congress entitled 'An act relating to the prepayment of postage in certain cases,' approve July twenty-ninth, eighteen hundred and sixty-one;" which was read a first and second time.
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Mr. Lamkin moved to suspend the rule which required the bill to be referred to a committee.
The motion prevailed, and the bill was taken up for consideration.
The Chair announced that the morning hour had expired.
On motion of Mr. Gilmer, the Calendar was postponed for half an hour.
Mr. Foote called the question; which was ordered.
The question being on ordering the bill to be engrossed for a third reading,
Mr. Hilton demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Baylor, Bell, Blandford, Boyce, Eli M. Bruce, Clopton, Colyar, Cruikshank, Darden, Dickinson, Dupré, Ewing, Farrow, Foote, Fuller, Gaither, Gilmer, Hanly, Hatcher, Holder, Lamkin, J. M. Leach, Lester, Logan, McMullin, Montague, Moore, Orr, Pugh, Ramsay, Rives, Russell, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Snead, Swan, Turner, Vest, Welsh, Whitfield, Wickham, Wilkes, and Witherspoon.
Nays: Anderson, Atkins, Ayer, Baldwin, Batson, Branch, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clark, Cluskey, Conrow, De Jarnette, Foster, Funsten, Garland, Gholson, Hartridge, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, Marshall, Menees, Miles, Miller, Perkins, Read, Sexton, and Triplett.
So the question was decided in the affirmative.
The bill was then engrossed, read a third time, and passed.
The title was read and agreed to.
Mr. Lamkin presented a memorial of J. Toomer and A. J. Ward, asserting a claim.
The memorial was referred to the Committee on Claims.
Mr. Holder offered the following resolution; which was adopted, viz:
Whereas complaints, apparently well founded, are made by army officers in, the field that unjust discriminations are made against them and in favor of officers on post duty in the sale of cloth, etc., for officers' uniforms, by assistant quartermasters having charge of the same: Therefore,
Resolved, That the Special Committee on Army Pay and Clothing be instructed to investigate diligently the facts, and if such evil exist report what legislation is necessary for its correction.
The Chair announced the Special Committee on Army Pay and Clothing as follows: Messrs. Miller, Holder, Witherspoon, Menees, and Baylor.
Mr. Barksdale introduced
A bill "for the relief of taxpayers in certain cases;"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Barksdale also introduced
A joint resolution "for the relief of Nathaniel Moore, late postmaster at Enterprise, Mississippi;" which was read a first and second time and referred to the Committee on Claims.
Mr. Barksdale also introduced
A bill "to fix the salary of district judges of the Confederate States;"
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which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Barksdale also introduced
A bill "to indemnify the city of Jackson for public school buildings destroyed while in the use of the military authorities of the Confederate States;"
which was read a first and second time and referred to the Committee on Claims.
Mr. Orr offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Ways and Means be instructed to have printed, for the use of the House, the report of the Assistant Quartermaster-General, and accompanying papers.
Mr. Snead introduced
A bill "to provide for the trial of officers and men of the militia and reserves by military courts and penal courts-martial;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Gilmer introduced the following resolution; which was adopted, viz:
Resolved, That the Committee on Ordnance and Ordnance Stores be instructed to inquire into the necessity of establishing Government works on Deep River, in North Carolina, to secure more effectually the benefits of coal and iron, so important to our defense, and that they report by bill or otherwise.
The Chair laid before the House Senate bill (No. 121) "declaring the mode of ascertaining the value of the tithe deliverable to the Government under the true construction of existing laws;" which was read a first and second time and referred to the Committee on Ways and Means.
The Chair also laid before the House Senate bill (No. 128) "to amend an act entitled 'An act for the establishment and organization of the Army of the Confederate States of America,' approved March sixth, eighteen hundred and sixty-one;" which was read a first and second time and referred to the Committee on Military Affairs.
Mr. J. M. Leach offered the following resolution, viz:
Resolved, That the privilege of the writ of habeas corpus is one of the great bulwarks of freedom, and that it ought not to be suspended except in extreme cases where the public safety imperatively demands it; that the people of this Confederacy are united in a great struggle for liberty, and that no exigency exists justifying its suspension.
Upon the adoption of the resolution Mr. J. M. Leach called the question.
Mr. Russell moved that the House go into secret session.
Mr. J. M. Leach demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Barksdale, Batson, Baylor, Blandford, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, W. E. Smith,
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Snead, Swan, Triplett, Vest, Welsh, Whitfield, Wilkes, and Mr. Speaker,
Nays: Atkins, Ayer, Baldwin, Bell, Boyce, Bridgers, Cruikshank. Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, Miles, Murray, Orr Ramsay Rogers, Simpson, J. M. Smith, Smith of Alabama, Smith of North Carolina, Turner, Wickham, and Witherspoon.
So the House resolved itself into secret session; and after spending some time therein, resolved itself into open session.
On motion of Mr. Murray,
The House adjourned until 12 o'clock m. to-morrow.
SECRET SESSION.
The House being in secret session,
Resumed the consideration of the unfinished business, viz:
The bill "to suspend the privilege of the writ of habeas corpus in certain cases for a limited period."
Mr. J. M. Leach moved to amend the bill by adding to the end of the fifth clause the following proviso:
Provided, That so much of the fifth clause in this act as relates to attempts to avoid military service shall not be construed into a right to arrest and detain as conscripts persons exempt by law from conscription.
Mr. Russell moved to lay the amendment of Mr. J. M. Leach on the table.
Mr. J. M. Leach demanded the yeas and nays on the motion of Mr. Russell;
Which were ordered,
Yeas: Batson, Blandford, Eli M. Bruce, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dupré, Funsten, Gholson, Hartridge, Hatcher, Herbert, Holliday, Keeble, Kenner, Lyon, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Swan, Vest, Whitfield, and Wilkes.
Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Bell, Boyce, Bradley, Branch, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clopton, Colyar, Cruikshank, Darden, Dickinson, Ewing, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Holder, Johnston, Lamkin, J. M. Leach, Lester, Logan, Machen, Marshall, McCallum, Menees, Miles, Murray, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Triplett, Turner, Welsh, Wickham, and Witherspoon.
So the motion to lay on the table was lost.
Mr. Russell submitted the following amendment to the amendment of Mr. J. M. Leach:
Add to the end of the amendment of Mr. J. M. Leach the following, viz: "and held to be so exempted by a judgment or judicial order of a court or judge of the Confederate States of America."
Mr. J. M. Leach moved to lay the amendment of Mr. Russell on the table.
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Mr. J. M. Leach demanded the yeas and nays on his motion;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Bell, Boyce, Branch, Bridgers, Horatio W. Bruce, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Fuller, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Murray, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.
Nays: Batson, Baylor, Blandford, Bradley, Eli M. Bruce, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Gaither, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Swan, Triplett, Vest, Villeré, Whitfield, Wilkes, and Mr. Speaker.
So the motion to lay on the table was lost.
Mr. Russell, by consent, modified his resolution so as to make it read as follows, viz:
if such persons, upon writs of habeas corpus issued by a court or judge of the Confederate States of America, shall by the judgment or judicial order of such court or judge be held to be so exempt.
On motion of Mr. Logan,
The House resolved itself into open session.
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