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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--THURSDAY, December 8, 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 7, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate of funds required to meet our treaty obligations to the Indian nations for the period ending June 30, 1865.
JEFFERSON DAVIS.
The message and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
The Chair also laid before the House a message from the President; which is as follows, viz:
Richmond, Va., December 8, 1864.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate of funds needed to meet a deficiency in the appropriation to pay the officers and employees of the War Department.
JEFFERSON DAVIS.
The message and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.
The Chair also laid before the House a communication from the Secretary of the Treasury relative to the claims of States against the Confederate Government.
The communication was referred to the Special Committee on State Claims and ordered to be printed.
The Chair laid before the House a Senate bill (S. 123) "to regulate the compensation and mileage of members of Congress during the second year of the Second Congress;" which was read a first and second time and referred to the Committee on Pay and Mileage.
The Chair laid before the House a Senate bill (S. 131) "to regulate the pay of lieutenants in the Navy commanding batteries on shore;" which was read first and second times and referred to the Committee on Military Affairs.
The Chair also laid before the House a House bill (H. R. 190) "concerning the emoluments and pay of the clerk of the district
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court of the Confederate States of America for the eastern district of Virginia;" which had been returned from the Senate with an amendment.
On motion of Mr. Russell, the rule requiring the amendment to be referred to a committee was suspended.
The question being on agreeing to the amendment of the Senate, which is as follows, viz:
In section 2, line 8, after the word "aforesaid," insert the following proviso: "Provided, That the annual compensation allowed out of the sequestration fund for fees and services shall not exceed, for the clerk of the court, fifteen hundred dollars, and for the assistant or deputy clerk, four thousand dollars; and this compensation shall be in lieu of the tees now allowed under existing laws for services in sequestration cases."
Mr. Russell called the question; which was ordered, and the amendment was concurred in.
Mr. Burnett moved to suspend the rules, to enable him to make a report from the Committee on Pay and Mileage: which motion prevailed.
Mr. Burnett, from the same committee, reported
A bill "for the relief of Mrs. Sarah A. Heiskell, wife of the Honorable Joseph B. Heiskell, a Representative from the State of Tennessee;"
which was read a first and second time.
The question being on postponing the bill and placing it upon 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.
The House then resumed the consideration of the special order; which was the bill (H. R. 242) "to provide for sequestrating the property of persons liable to military service who have departed, or shall depart, from the Confederate States without permission."
The question was upon the motion of Mr. Baldwin to postpone the consideration of the bill indefinitely, pending the consideration of which the House, on motion of Mr. Russell, resolved itself into secret session; and having spent some time therein, resolved itself into open session.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
On motion of Mr. Kenner,
The House adjourned till to-morrow at 12 o'clock m.
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. Foote called the question; which was not ordered.
Mr. Russell submitted the following amendment to the amendment of Mr. Baldwin (in the nature of a substitute), viz:
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It is the intention of this act that writs of habeas corpus may be issued by Confederate courts and judges to try and determine whether persons are liable to military service or exempt therefrom, as if this act had not been passed.
Mr. Baldwin demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Batson, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, 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: Anderson, Atkins, Baldwin, Barksdale, Baylor, Bell, Boyce, Branch, Bridgers, Burnett, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Johnston, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Turner, Wickham, and Witherspoon.
So the amendment of Mr. Russell to the amendment of Mr. Baldwin was agreed to.
Mr. Hilton called the question; which was ordered.
The question being on the amendment of Mr. Baldwin, as amended,
Mr. Hilton demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Baldwin, Barksdale, Batson, Baylor, Boyce, Bradley, Branch, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clark, Clopton, Cluskey, Colyar, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Farrow, Foote, Foster, Fuller, Funsten, Gaither, Garland, Gholson, Gilmer, Goode, Hanly, Hartridge, Hatcher, Hilton, Holder, Holliday, Keeble, Kennor, Lamkin, J. M. Leach, J. T. Leach, Lester, Lyon, Machen, Marshall, McCallum, McMullin, Menees, Miller, Montague, Moore, Norton, Orr, Perkins, Pugh, Ramsay, Rives, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Snead, Swan, Triplett, Turner, Villeré, Welsh, Whitfield, Wickham, Witherspoon, and Mr. Speaker.
Nays: Blandford, Conrow, Herbert, Johnston, Logan, Miles, Vest, and Wilkes.
So the amendment of Mr. Baldwin, as amended, was agreed to.
The question now recurring on the amendment of Mr. Akin, as a substitute for the entire bill,
Mr. Russell submitted the following amendment to the amendment of Mr. Akin, as a substitute therefor:a
[Note a: a The amendment is not recorded in the Journal.]
Mr. Foote moved to lay the amendment of Mr. Russell on the table, and demanded the yeas and nays thereon;
Which were ordered,
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Yeas, Akin, Anderson, Ayer, Baldwin, Bell, Boyce, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Staples, Turner, Welsh, and Witherspoon.
Nays: Atkins, Barksdale, Batson, Blandford, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, 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. Baldwin moved to recommit the bill to the Committee on the Judiciary.
Mr. Atkins moved to postpone the further consideration of the bill and amendments indefinitely, and demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Ayer, Baldwin, Baylor, Bell, Boyce, Branch, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, Menees, Miles, Orr, Ramsay, Simpson, J. M. Smith, Smith of Alabama, Smith of North Carolina, Turner, and Wickham.
Nays: Akin, Anderson, Barksdale, Batson, Blandford, Bradley, Bridgers, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, W. E. Smith, Snead, Staples, Triplett, Vest, Villeré, Welsh, Whitfield, Wilkes, Witherspoon, and Mr. Speaker.
So the motion to postpone was lost.
Mr. Hanly moved to amend the motion of Mr. Baldwin to recommit the bill by adding thereto the words "and to order it to be printed."
Mr. Anderson moved to amend the amendment of Mr. Hanly by adding the following instructions:
and that the said committee be instructed to report a bill embracing all the localities where treasonable organizations or combinations are shown by the evidence before the House to exist, and excluding all others.
Mr. Anderson demanded the yeas and nays on his amendment;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Ayer Baldwin, Baylor, Bell, Boyce, Branch, Bridgers, Clopton, Colyar, Darden, Farrow, Foote, Foster, Fuller, Garland, Gilmer, Hanly, Herbert, Holder, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, Menees, Miles, Orr, Ramsay, Simpson,
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J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Wickham, and Witherspoon.
Nays: Barksdale, Batson, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gaither, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Staples, Triptett, Turner, Vest, Villeré, Welsh, Whitfield, Wilkes, and Mr. Speaker.
So the amendment of Mr. Anderson to the amendment of Mr. Hanly was lost.
The question recurring on the motion of Mr. Baldwin to recommit the bill and amendments,
It was decided in the negative.
Mr. Russell called the question; which was ordered.
The question being on the amendment of Mr. Russell to the amendment of Mr. Akin (which latter amendment was offered as a substitute for the entire bill),
It was decided in the affirmative.
The question recurring on the amendment of Mr. Akin, as amended by Mr. Russell,
Mr. Russell called the question; which was ordered, and the amendment of Mr. Akin, as amended, was adopted.
The bill as amended was engrossed and read a third time.
Mr. Russell moved to reconsider the vote by which the bill was read a third time.
Mr. Russell called the question; which was ordered, and the motion to reconsider was lost.
The question recurring on the passage of the bill,
Mr. Foote moved that the vote be taken in open session, and demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Ayer, Baldwin, Baylor, Bell, Boyce, Branch, Bridgers, Horatio W. Bruce, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Staples, Turner, Wickham, and Witherspoon.
Nays: Atkins, Barksdale, Batson, Blandford, Bradley, Eli M. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, McMullin, Menees, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Swan, Triplett, Vest, Villeré, Welsh, Whitfield, Wilkes, and Mr. Speaker.
So the motion of Mr. Foote was lost.
Mr. Marshall moved that the House resolve itself into open session.
The motion of Mr. Marshall was lost.
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The question recurring on the passage of the bill,
Mr. Ayer demanded the yeas and nays;
Which were ordered,
Yeas: Barksdale, Batson, Blandford, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Cluskey, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, Kennet, Lyon, Machen, McMullin, Miller, Montague, Moore, Norton, Perkins, Pugh, Read, Rives, Russell, Sexton, Snead, Swan, Triplett, Vest, Villeré, Welsh, Whitfield, Wilkes, and Mr. Speaker.
Nays: Akin, Anderson, Atkins, Ayer, Baldwin, Baylor, Bell, Boyce, Branch, Bridgers, Clopton, Colyar, Cruikshank, Darden, Farrow, Foote, Foster, Fuller, Gaither, Garland, Gilmer, Hanly, Herbert, Holder, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, McCallum, Menees, Miles, Orr, Ramsay, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Staples, Turner, Wickham, and Witherspoon.
So the bill was passed.
Mr. Keeble moved to reconsider the vote by which the bill was passed, and called the question; which was ordered.
The motion to reconsider was lost, and the title was read and agreed to.
On motion of Mr. Kenner,
The House resolved itself into open session.
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