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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-FIFTH DAY--WEDNESDAY, December 7, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
The Chair laid before the House a message from the President; which is as follows, viz:
Richmond, Va., December 6, 1864.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering copies of several additional reports of military operations.
JEFFERSON DAVIS.
The message and accompanying documents were referred to the Committee on Military Affairs.
The Chair laid before the House another message from the President; which is as follows, viz:
Richmond, Va., December 6, 1864.
To the House of Representatives:
In response to your resolution of the 23d ultimo, I herewith transmit communications from the Secretaries of the Treasury and of War relative to the protection secured for the cotton under their control, belonging to the Confederate States, against exposure to the weather.
JEFFERSON DAVIS.
The message and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
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The Chair laid before the House another message from the President; which is as follows, viz:
Richmond, Va., December 6, 1864.
To the House of Representatives:
In response to your resolution of the 23d ultimo, I herewith transmit and invite your attention to a communication from the Secretary of War relative to "the appointments under an act approved June 14, 1864, providing for the establishment and payment of claims for a certain description of property taken or informally impressed for the use of the Army."
JEFFERSON DAVIS.
The message and accompanying document were laid on the table and ordered to be printed.
The Chair also laid before the House a communication from the President; which is as follows, viz:
Richmond, Va., December 6, 1864.
To the House of Representatives:
In response to your resolution of the 23d ultimo, I herewith transmit a communication from the Secretary of War, which conveys the information requested relative to the arrangements which have been made for the relief of our soldiers who are prisoners of war in the hands of the enemy.
JEFFERSON DAVIS.
The message and accompanying document were laid on the table and ordered to be printed.
Mr. Moore offered the following resolution; which was unanimously adopted, viz:
Resolved, That Major-General Cadmus M. Wilcox be invited to the privilege of a seat on this floor during his temporary sojourn in the city of Richmond.
On motion of Mr. Keeble, leave of absence was granted Mr. Murray, who was called from the city for a few days on important business.
Mr. Sexton moved to postpone the special order; which motion was agreed to.
Mr. Sexton moved to suspend the rules, for the purpose of making a report from the Committee on Post-Offices and Post-Roads.
The motion prevailed.
Mr. Sexton, from the Committee on Post-Offices and Post-Roads, to whom had been referred
A bill "to change and establish mail route sixteen hundred and forty-nine, in the State of Georgia," 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.
Mr. Sexton, from the same committee, reported
A bill "to amend post route numbered sixteen hundred and forty-nine, in the State of Georgia."
The bill 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 bill was then engrossed, read a third time, and passed.
The title was read and agreed to.
Mr. Blandford moved to postpone the special order; which motion was agreed to.
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Mr. Blandford moved that the rules be suspended to enable him to present a memorial.
The motion prevailed.
Mr. Blandford presented the memorial of Alexander C. Morton, praying relief from liability for money stolen from him; which was referred to the Committee on Claims.
Mr. Funsten moved to postpone the special order.
The motion prevailed.
Mr. Funsten moved to suspend the rule, to enable him to offer several resolutions.
The motion prevailed.
Mr. Funsten offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Ways and Means be requested to consider and provide some adequate relief in cases where farmers have been or may be so interrupted by the enemy as to be prevented from raising crops, and thus securing a credit on their taxes for the value of a tax in kind.
Mr. Funsten offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the expediency of providing adequate relief for citizens living on either side of the Mississippi River and owning real estate on the other side, either by authorizing them to pay their taxes to proper officers of the Confederate States Government engaged in collecting taxes on the side on which such citizens reside, or otherwise, as to said committee may seem just and proper, with a view of preventing sales of real estate for the nonpayment of taxes therein caused by the interruption of communication.
Mr. Funsten offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs inquire into the expediency of incorporating in any measure they may recommend for the consolidation of regiments and companies a provision for the formation of a cavalry brigade or regiment from such officers as may be dropped by such consolidation as shall elect to join such brigade or regiment.
Mr. Foster moved to postpone the special order for fifteen minutes.
The motion was lost.
The House took up for consideration the special order of the day, viz:
The 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. Herbert moved to amend the bill by striking out the words "and sale" wherever they occur in the first section.
Mr. Baldwin moved to postpone indefinitely the bill and amendments.
Pending which,
On motion of Mr. Russell, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.
A message was received from the Senate by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed, without amendment, bills of this House of the following titles, viz:
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They have passed, with an amendment, a bill of this House (H. R. 190) concerning the emoluments and pay of the clerk of the district court of the Confederate States of America for the eastern district of Virginia.
They have passed bills of the following titles, viz:
In which amendment and bills I am directed to ask the concurrence of this House.
On motion of Mr. Kenner,
The House adjourned.
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. H. W. Bruce moved to reconsider the vote by which the amendment of Mr. J. M. Leach was agreed to.
Mr. Ramsay moved to lay the motion to reconsider on the table.
On the motion to lay on the table, Mr. J. M. Leach demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Branch, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Logan, Marshall, McCallum, Miles, Murray, Orr, Ramsay, Simpson, J. M. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.
Nays: Batson, Blandford, Bradley, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Foster, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Menees, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Rogers, Russell, Sexton, Snead, Swan, Triplett, Vest, Villeré, Whitfield, Wilkes, and Mr. Speaker.
So the motion to lay on the table was lost.
The question recurring on the motion to reconsider,
Mr. Marshall demanded the yeas and nays;
Which were ordered,
Yeas: Batson, Baylor, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Rogers, Russell, Sexton, Swan, Triplett, Vest, Villeré, Whitfield, Wilkes, and Mr. Speaker.
Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Bell, Branch, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow,
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Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.
So the motion to reconsider prevailed.
Mr. H. W. Bruce moved to reconsider the vote by which the amendment of Mr. Marshall to the amendment of Mr. J. M. Leach was agreed to.
Mr. Orr demanded the yeas and nays thereon;
Which were ordered,
Yeas: Batson, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, 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.
Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Branch, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Miles, Murray, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Welsh, Wickham, and Witherspoon.
So the motion to reconsider prevailed.
The question recurring on the amendment of Mr. Marshall to the amendment of Mr. J. M. Leach,
Mr. Orr demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Branch, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, 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, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, 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 amendment of Mr. Marshall to the amendment of Mr. J. M. Leach was lost.
The question recurring on the amendment of Mr. J. M. Leach,
Mr. Russell called the question; which was ordered.
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Mr. Baldwin demanded the yeas and nays on the amendment;
Which were ordered,
Yeas: Akin, Atkins, Ayer, Baldwin, Batson, Baylor, Bradley, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clopton, Cluskey, Colyar, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Ewing, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gholson, Hanly, Hatcher, Herbert, Hilton, Holliday, Keeble, Kenner, J. M. Leach, Lester, Lyon, Marshall, McCallum, McMullin, Menees, Miles, Miller, Moore, Murray, Norton, Orr, Perkins, Rives, Russell, Sexton, Simpson, J. M. Smith, Smith of Alabama, Snead, Swan, Triplett, Turner, Villeré, Whitfield, and Wickham.
Nays: Anderson, Barksdale, Bell, Blandford, Branch, Burnett, Clark, Conrow, Funsten, Gilmer, Hartridge, Holder, Johnston, Lamkin, Logan, Machen, Montague, Pugh, Ramsay, Read, W. E. Smith, Smith of North Carolina, Vest, Welsh, Wilkes, Witherspoon, and Mr. Speaker.
So the amendment of Mr. J. M. Leach was agreed to.
Mr. Kenner moved to reconsider the vote just taken, and called the question; which was ordered.
The motion to reconsider was lost.
Mr. Baldwin moved to amend the bill by adding the following proviso to the end thereof:
But nothing in this act shall be construed to authorize the detention in the military service of anyone not liable to such service according to the Constitution and laws of the Confederate States, or to deprive any person of the right to test his constitutional or legal liability to such service in any court of general jurisdiction.
Mr. Montague rose to a point of order, viz:
That the amendment of Mr. Baldwin was in conflict with the clause in the body of the bill just voted on, and therefore in conflict with the judgment of the House.
The Chair sustained the point of order.
Mr. Baldwin appealed from the decision of the Chair.
The question being put,
Shall the decision of the Chair stand as the judgment of the House?
It was decided in the affirmative.
Mr. Baldwin moved to amend the bill by adding as proviso to the end of the bill the first half of the amendment submitted by him and just ruled out of order.
Mr. Russell made a point of order similar to that made by Mr. Montague.
The Chair overruled the point of order.
Mr. Swan moved to lay the amendment of Mr. Baldwin on the table.
Mr. Baldwin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Batson, Blandford, Eli M. Bruce, Burnett, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Ewing, Funsten, Gholson, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague,
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Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Swan, Triplett, Vest, Villeré, Whitfield, Wilkes, and Mr. Speaker.
Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Barksdale, Baylor, Bell, Boyce, Bradley, Branch, Bridgers, Horatio W. Bruce, Chambers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Murray, Orr, Ramsay, Rogers, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Snead, Turner, Welsh, Wickham, and Witherspoon.
So the motion to lay on the table was lost.
On motion of Mr. Read,
The House resolved itself into open session.
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