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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 --FORTIETH DAY--SATURDAY, December 24, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Doggett.
On motion of Mr. Simpson, leave of absence was granted to Mr. Gaither of North Carolina.
Mr. Chilton moved that the rule be suspended requiring the call of committees to-day, in order that the States might be called for bills, resolutions, memorials, etc.
The motion prevailed.
The House resumed the consideration of the resolution offered by Mr. J. M. Leach; which is as follows, 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.
The question being on ordering the question,
It was decided in the affirmative.
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The question recurring on the adoption of the resolution,
Mr. Lester demanded the yeas and nays: which were ordered.
Mr. Swan moved to reconsider the vote by which the yeas and nays were ordered.
Mr. Ayer demanded the yeas and nays thereon;
Which were ordered,
Yeas: Barksdale, Batson, Chrisman, Clark, Cluskey, Gholson, Hatcher, Holliday, Johnston, Keeble, Kenner, Sexton, Shewmake, Swan, Vest, and Wilkes.
Nays: Akin, Atkins, Ayer, Baldwin, Bell, Blandford, Boyce, Branch, Horatio W. Bruce, Chilton, Clopton, Colyar, Conrad, Cruikshank, Darden, Dickinson, Echols, Ewing, Farrow, Foster, Gaither, Garland, Goode, Hanly, Herbert, Holder, Lamkin, Lester, Lyon, Marshall, Menees, Miles, Norton, Perkins, Pugh, Read, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Triplett, Villeré, Welsh, Wickham, and Witherspoon.
So the motion to reconsider was lost.
Mr. Barksdale moved that the resolution be divided.
The Chair decided that the resolution was not divisible.
Mr. Barksdale appealed from the decision of the Chair.
Mr. Smith of North Carolina moved to lay the appeal on the table; which motion was lost.
The question being put,
Shall the decision of the Chair stand as the judgment of the House?
Mr. Marshall demanded the yeas and nays;
Which were ordered,
Yeas: Ayer, Baldwin, Bell, Blandford, Boyce, Branch, Horatio W. Bruce, Clopton, Colyar, Cruikshank, Darden, Dupré, Echols, Elliott, Ewing, Farrow, Gaither, Garland, Hanly, Herbert, Holder, Lamkin, Lester, Marshall, Menees, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Triplett, Villeré, Wickham, and Witherspoon.
Nays: Barksdale, Batson, Burnett, Chilton, Chrisman, Clark, Cluskey, Conrow, Dickinson, Foster, Funsten, Goode, Hartridge, Hatcher, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, McCallum, Miles, Norton, Perkins, Read, Sexton, Shewmake, Snead, Swan, Vest, Welsh, and Wilkes.
So it was decided in the affirmative.
Mr. Dickinson moved that the House resolve itself into secret session.
The motion was lost.
The question recurring on the adoption of the resolution,
The yeas and nays, ordered on motion of Mr. Lester,
Yeas: Anderson, Atkins, Ayer, Baldwin, Bell, Boyce, Branch, Clopton, Colyar, Cruikshank, Darden, Echols, Farrow, Foster, Gaither, Garland, Hanly, Herbert, Holder, Lamkin, Lester, Marshall, Menees, Miles, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Wickham, and Witherspoon.
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Nays: Akin, Barksdale, Batson, Blandford, Eli M. Bruce, Horatio W. Bruce, Chilton, Chrisman, Clark, Cluskey, Conrad, Conrow, Dickinson, Dupré, Elliott, Ewing, Funsten, Gholson, Goode, Hartridge, Hatcher, Holliday, Johnston, Keeble, Kenner, Lyon, Machen, Norton, Perkins, Pugh, Read, Sexton, Shewmake, Snead, Swan, Triplett, Vest, Villeré, Welsh, Wilkes, and Mr. Speaker.
So the resolution was not adopted.
Mr. Gaither offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs inquire into the expediency of so amending the act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts," as to authorize the President to establish one in western North Carolina, and that they report by bill or otherwise.
Mr. Gaither presented a communication on the same subject; which was referred to the Committee on Military Affairs.
Mr. Smith of North Carolina offered the following resolution; which was adopted:
Resolved, That the President be respectfully requested, if not incompatible with the public interests, to inform the House--
Also, the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire whether payments are made to the Army bimonthly, as required by existing regulations, and, if not, the reasons for the delay or neglect, and whether any and what further legislation is necessary in the premises.
Also, the following resolution; which was adopted:
Resolved, That the Committee on the Commissary and Quartermaster's Departments be directed to inquire and ascertain what quantity of flour and meal is distributed in the daily ration to the soldiers of the Army, and whether any and what quantity of sorghum or molasses is thus distributed, and if an insufficient supply is thus distributed, the reasons therefor and whether any and what legislation is necessary in the premises, and that they report by bill or otherwise.
Also, the following resolution; which was adopted:
Whereas an act of Congress was passed at its last session increasing seven dollars per month the pay of noncommissioned officers, privates, and musicians of the Army of the Confederate States for the period of one year from June ninth, eighteen hundred and sixty-four, the date of its passage; and
Whereas at the same session a tax was levied equal to one-fifth of the amount of the tax theretofore levied on the same subjects for the present year, and an appropriation made of so much of the proceeds of said tax as is necessary to meet such increased pay; and
Whereas it was the sole object of such tax to make adequate provision for such increased compensation:
Resolved, That the entire proceeds of said tax should be exclusively applied to the uses for which the same was levied, and that the Committee on Military Affairs be directed to report a bill to this effect.
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Mr. Smith of North Carolina also presented a memorial from the adjutants of the Seventeenth and Sixty-sixth North Carolina regiments, relative to their positions in the Army; which was referred to the Committee on Military Affairs.
Mr. Ayer offered the following resolution:
Resolved, That the President be respectfully requested, if not incompatible with the public interests, to inform this House whether or not the Secretary of War, or any other officer of the executive Government, has ever granted permits, passports, or safe conducts to one or more youths of this city or elsewhere who were about to attain the age that would render them liable to conscription or military service, to go beyond the limits of this Confederacy, for the purpose and with the view of avoiding Such service; and if any youth or youths of the age designated have been, or are about to be, suffered to depart the Confederacy, to inform this House of the reasons for their being permitted to go abroad.
Mr. Hanly moved to amend the resolution by adding at the end thereof the following, viz:
Resolved, That the President be, and he is hereby, requested, if consistent with the public interest, to inform this House if passports have or have not been given to male citizens of the Confederate States within the conscript age, to go beyond the limit of these States within the last two years, and, if so, that he inform this House to whom such passports have been given, when given, and for what purpose, if not for secret service.
Mr. Read moved to lay the resolution and amendment on the table.
The motion was lost.
The amendment of Mr. Hanly was lost.
Mr. Read moved to refer the resolution to the Committee on Foreign Affairs.
The motion was lost.
Mr. Wickham moved to amend the resolution by striking out the words "this city or elsewhere" and inserting in lieu thereof the words "the Confederate States."
The amendment was agreed to.
The morning hour having expired,
Mr. Atkins moved that the Calendar be postponed until the call of the States was completed; which motion prevailed.
Mr. Atkins moved to reconsider the vote just taken, by which the Calendar was postponed.
The motion to reconsider prevailed.
Mr. Atkins moved that the Calendar be postponed until the pending matter be disposed of; which motion prevailed.
Mr. Pugh moved to amend the resolution by striking out the words "for the purpose and with the view of avoiding such service."
The amendment was agreed to and the resolution as amended was adopted.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
The House resumed the consideration of the special order, viz:
The bill "to provide more effectually for the reduction and redemption of the currency."
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The question being on ordering the main question,
It was decided in the affirmative.
The first, second, and third amendments of the Committee of the Whole were lost.
The fourth, fifth, and sixth amendments of the committee were agreed to.
The question recurring on the seventh amendment of the committee,
Mr. E. M. Bruce demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Ayer, Baldwin, Barksdale, Batson, Clark, Colyar, Conrow, Elliott, Farrow, Funsten, Hatcher, Holder, Holliday, Johnston, Kenner, Lamkin, Lyon, Machen, McCallum, Menees, Miles, Norton, Rives, Sexton, Shewmake, Simpson, J. M. Smith, Smith of Alabama, Swan, Triplett, Villeré, and Wilkes.
Nays: Bell, Blandford, Branch, Eli M. Bruce, Horatio W. Bruce, Chilton, Clopton, Cluskey, Cruikshank, Darden, Dickinson, Dupré, Echols, Ewing, Foster, Gaither, Garland, Gholson, Hanly, Lester, Marshall, Murray, Perkins, Pugh, Read, W. E. Smith, Smith of North Carolina, Vest, Welsh, Wickham, and Witherspoon.
So the amendment was agreed to.
The eighth amendment was modified, by unanimous consent, by striking out the word "eighty-one" and inserting in lieu thereof the word "forty-five."
The eighth amendment as modified was agreed to.
The ninth and tenth amendments were agreed to.
The bill was engrossed and read a third time.
The preamble was engrossed.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed bills of the following titles: in which they request the concurrence of this House:
Mr. E. M. Bruce moved to reconsider the vote by which the bill was ordered to be engrossed.
Mr. Anderson called the question; which was ordered, and the motion to reconsider was lost.
The question recurring and being put,
Shall the bill pass?
Mr. Lester demanded the yeas and nays;
Which were ordered.
Yeas: Akin, Anderson, Aver, Baldwin, Barksdale, Blandford, Branch, Eli M. Bruce, Horatio W. Bruce, Chilton, Clark, Clopton, Cluskey, Colyar, Conrad, Conrow, Darden, Dickinson, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, Garland, Gholson, Goode, Hanly, Hartridge; Hatcher, Holder, Holliday, Johnston, Keeble, Kenner,
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Lamkin, Lyon, Machen, Marshall, Menees, Miles, Norton, Read, Rives, Sexton, Simpson, J. M. Smith, W. E. Smith, Swan, Triplett, Vest, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Batson, Bell, Boyce, Cruikshank, Dupré, Echols, Herbert, Lester, McCallum, Perkins, Pugh, Shewmake, Smith of Alabama, Smith of North Carolina, and Welsh.
So the bill was passed, and the title was read and agreed to.
Mr. Anderson moved to reconsider the vote by which the bill was passed.
The motion was lost.
The Chair laid before the House a communication from the Secretary of the Treasury, recommending the passage of an act providing that the 4 per cent bonds and certificates received in payment of taxes shall be considered as redeemed and be canceled; which was referred to the Committee on Ways and Means.
The Chair also laid before the House a Senate bill (S. 142) "to increase the number of acting midshipmen in the Navy, and to prescribe the mode of appointment;" which was read a first and second time and referred to the Committee on Naval Affairs.
Also, a Senate bill (S. 150) "to provide for the lighting and warming of the Executive Mansion, and for the supply of forage and commissary stores for the use of the Commander in Chief of the Army and Navy of the Confederate States;" which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Darden, under a suspension of the rules, presented the memorial of the president and superintendent of the San Antonio and Mexican Gulf Railroad, asserting a claim for damages for the destruction of said railroad; which was referred to the Committee on Claims.
Mr. Goode, under a suspension of the rules, presented the memorial of John T. Averett, captain and assistant quartermaster, Stewart's brigade, praying that he may be released from accountability for an amount of public funds stolen from his possession; which was referred to the Committee on Military Affairs.
Also, memorial of Virginia Reserves, praying the adoption of some measure by which they may be relieved from the regular service and organized for local defense; which was referred to the Committee on Military Affairs.
Also, the memorial of the adjutants of regiments of Pickett's division, asking an increase of rank and pay and that they may be placed in the line of promotion; which was referred to the Committee on Military Affairs.
Also, a communication from Lieut. Arthur Segar, Thirty-eighth Virginia Regiment, complaining that the men of his company have not been paid since the 30th of June, 2 1864, and asking that some steps may be taken to secure speedy payment; which was referred to the Committee on Military Affairs.
Mr. Miles, under a suspension of the rules, presented the petition of Ann H. Roux and Helena M. Roux, asking for duplicates of 8 per cent bonds destroyed by fire; which was referred to the Committee on Ways and Means.
Mr. Anderson, under a suspension of the rules, presented the memorial of adjutants of Georgia regiments, asking to be placed in the line of promotion; which was referred to the Committee on Military Affairs.
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Also, a communication from "many officers from Georgia" relative to the delay in paying the soldiers; which was referred to the Select Committee on the Pay of Soldiers.
Also, the memorial of Stephen B. Marshall, tax collector in the State of Georgia, asking to be relieved from accountability for a certain amount of taxes collected by him and captured by the enemy; which was referred to the Committee on Ways and Means.
Mr. Cluskey moved that when the House adjourn to-day it adjourn to meet on Wednesday next, at 12 o'clock.
Mr. Akin demanded the yeas and nays thereon; which were not ordered.
Mr. Goode called the question; which was ordered, and the motion to adjourn over prevailed.
Mr. Marshall, under a suspension of the rules, offered the following resolution; which was adopted, viz:
Resolved, That the Speaker be, and he is hereby, authorized to name a member to discharge temporarily the duties of the Chair, but such substitution shall not extend longer than five legislative days.
Mr. Chilton, under a suspension of the rules, presented joint resolutions of the legislature of Alabama in relation to impressments and the schedule of prices fixed by Confederate commissioners; which were referred to the Select Committee on Impressments and ordered to be printed.
Also, joint resolutions of the legislature of Alabama urging the payment of officers and privates by Confederate authorities; which were referred to the Select Committee on the Pay of Soldiers and ordered to be printed.
On motion of Mr. Gaither, leave of absence was granted his colleague, Mr. Smith of North Carolina.
Mr. Barksdale moved that the rules be suspended to enable members who have not voted on the passage of the bill "to provide more effectually for the reduction and redemption of the currency" to record their votes.
The motion prevailed.
Mr. Sexton, under a suspension of the rules, introduced
A bill "to lay a tax for revenue to provide for the common defense and carry on the Government of the Confederate States;"
which was read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed.
On motion of Mr. Funsten, the rules were suspended to allow the introduction of bills, memorials, resolution s. etc.
Mr. Funsten offered the following resolution; which was adopted:
Resolved, That House bill numbered one hundred and twenty, entitled "A bill to compensate Charles E. Stuart, Israel C. Owings, and J. H. Taylor for the use of an improvement in instruments for sighting cannon," be taken from the Calendar of the last session, and placed on the Calendar of this sesion.
Mr. Clark introduced
A bill "to provide for organizing, arming, and disciplining the militia of the Confederate States, and for governing such part of them as maybe employed in the service of the Confederate States, and for calling them forth to execute the laws of the Confederate States, suppress insurrections, and repel invasions;"
which was read a first and second time and referred to the Committee on Military Affairs.
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Mr. Barksdale presented the petition of J. B. Greaves, of Hinds County, Miss., asking to be relieved from the payment of tax on cotton burned by the enemy; which was referred to the Committee on Ways and Means.
Also, the memorial of L. B. Moody and other citizens of Enterprise, Miss., in reference to the currency; which was referred to the Committee on Ways and Means.
Mr. Clopton presented the memorial of J. Whyte Fowler, asserting a claim for the capture of the Federal transport err and cargo; which was referred to the Committee on Claims.
Mr. Baldwin offered the following resolution; which was adopted:
Resolved, That the President be respectfully requested to inform this House--
Also, the following resolution; which was adopted:
Resolved, That the President be respectfully requested to inform this House--
Mr. Baldwin also presented the petition of Hanger & Bro., asking that manufacturers of artificial limbs be exempted from taxation; which was referred to the Committee on grays and Means.
Mr. Farrow presented the memorial of Captain Hewetson, asking relief in relation to certain money captured by the enemy; which was referred to the Committee on Claims.
Mr. Farrow offered the following resolution; which was adopted, viz:
Resolved, That the President be requested, if not incompatible with the public interest, to communicate to this House a copy of the report of the Surgeon-General on the sickness and mortality of the Confederate States armies for the year eighteen hundred and sixty-three; also a copy of the report of the financial transactions of the Medical Department of the Confederate States for the years eighteen hundred and sixty-one, eighteen hundred and sixty-two, and eighteen hundred and sixty-three.
Mr. Farrow also introduced
A bill "to secure to sick and wounded officers the same rights and privileges in obtaining leaves of absence as are now provided by law for soldiers obtaining furloughs;"
which was read a first and second time and referred to the Committee on the Medical Department.
Mr. Simpson presented the memorial of Mrs. Mary E. Tillman, of South Carolina, praying to be relieved from the payment of the taxes of 1864; which was referred to the Committee on Ways and Means.
Also, the memorial of J. W. Robinson, of South Carolina, praying to be allowed to fund certain Confederate Treasury notes, which he was prevented from funding at the proper time, because he was a
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prisoner in the hands of the enemy; which was referred to the Committee on Ways and Means.
Also, the petition of Ellenor Thurmond, of South Carolina, asking that a bond given by her for the exemption of her overseer may be vacated; which was referred to the Committee on Claims.
Also the petition of Henrietta Jennings, of South Carolina, asking to be relieved from the payment of a bond given by her for the exemption of her overseer; which was referred to the Committee on Claims.
Mr. Lester introduced
A bill "to levy and collect taxes for the common defense and for the support of the Government for the year eighteen hundred and sixty-five, and to repeal certain tax laws;"
which was read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed.
Mr. Foster introduced
A bill "to amend an act entitled 'An act to organize military courts to attend the army of the Confederate States in the field, and to define the powers of said courts,' approved October ninth, eighteen hundred and sixty-two;"
which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill "to amend an act entitled 'An act providing for the establishment and payment of claims for a certain description of property taken or informally impressed for the use of the Army,' approved June fourteenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Special Committee on Impressments.
Also, a bill "to amend an act entitled 'An act to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts,"' approved February thirteenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on the Judiciary.
Also, a joint resolution "in relation to impressments:" which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Foster offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be requested to inquire into the expediency of affording relief to officers who have resigned and privates who have been discharged from the service previous to the passage of the act forming the Invalid Corps, and report by bill or otherwise.
Also, the following resolution; which was adopted:
Resolved, That the papers in the claim of J. E. Johnson, for the loss of the steamboat W. B. Terry, which were presented to the House at the last Congress, be withdrawn from the files and referred to the Committee on Claims.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Naval Affairs be requested to inquire into the expediency of increasing the pay of naval storekeepers, and report by bill or otherwise.
Mr. Foster presented the memorial of S. Brock, asserting a claim for a negro boy killed by a kick from a horse whilst employed as teamster in the military service; which was referred to the Committee on Claims.
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Also, the memorial of Veal, West & Moore, asserting a claim for property taken for hospital purposes; which was referred to the Committee on Claims.
Also, the memorial of Lieut. Col. William A. Johnson, asserting a claim for the value of a horse killed in battle; which was referred to the Committee on Claims.
Mr. McCallum introduced
A bill "to authorize the Second Auditor of the Treasury, or a committee to be appointed by the Secretary of the Treasury, with the consent of the President, to take proof as to the expenditures of the State of Tennessee in constructing military defenses and the support of her army previous to its transfer to the Confederate Government;"
which was read a first and second time, referred to the Special Committee on the Claims of the States, and ordered to be printed.
Mr. Lamkin presented the memorial of William R. Gatlin, tax collector of Pike County, Miss., asking to be relieved from liability for a certain amount of counterfeit Treasury notes received in payment of taxes; which was referred to the Committee on Ways and Means.
Mr. Bell offered the following resolution; which was adopted, viz:
Resolved, That leave be granted to withdraw from the files of this House the memorial of Weatherford and Thomas, presented at the last session of Congress and referred to the Committee on Claims, with the view to have said memorial referred to the Committee on Claims at the present session.
Mr. Dickinson offered the following resolution; which was adopted:
Resolved, That the papers in the cage of George W. Foster, which were referred to the Committee on Claims at the last session, and not acted on, be withdrawn from the files and referred again to said committee.
Mr. Wickham offered the following resolution; which was adopted:
Resolved, That the Committee on Claims inquire into the justice of the claim of Henry Exall for compensation for certain designs and drawings furnished the Committee on Flag and Seat during the First Congress, and report by resolution or otherwise.
Mr. Wickham presented the memorial of C. & J. Talbott, asking increased compensation for the use of their foundry by the Navy Department; which was referred to the Committee on Claims.
Also, the memorial of Mrs. Hagner and Mrs. Gordon, owners and proprietors of Shockoe warehouse, asking to be relieved from taxation; which was referred to the Committee on Claims.
Mr. Wickham also introduced
A bill "authorizing the promotion of officers, noncommissioned officers, and privates for distinguished valor and skill, or for peculiar competency and general merit;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, 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. Wickham, from the Committee on Military Affairs, to whom had been referred the reports of the engagement of the reserve forces with the enemy at Staunton River, June 25, 1864, reported back the
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same with the recommendation that the reports be printed; which was agreed to.
Mr. Cruikshank presented the memorial of George G. Pattison, asking the passage of an act providing for the construction of one or more of a certain class of fire ships; which was referred to the Committee on Naval Affairs.
Also, the petition of Isaac D. Upshaw, postmaster at Wedowee, Randolph County, Ala., praying to be relieved from liability for certain amount of public money captured by the enemy; which was referred to the Committee on Claims.
Mr. Cruikshank offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Military Affairs be required to ascertain and report what legislation, if any, is necessary for the protection of bonded agriculturists whose slaves have been impressed for the use of the Government since the execution of their bonds.
Mr. Conrad offered the following resolution; which was adopted:
Resolved, That the President be requested to inform this House what disposition has been made of a sum of money in specie belonging to certain banks of New Orleans, which shortly after the capture of that city was taken possession of by the Government of the Confederate States; what amount of specie was so taken by the Government; what amount is still retained by it and for what objects and purposes it is so retained, and to what bank or banks it belongs; and whether any and what arrangement has been made with any and what banks relative to the specie belonging to it or to them.
Mr. Witherspoon offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the expediency of restricting the exportation of gold and silver coin from the Confederate States, or of prohibiting the same; that they report by bill or otherwise.
Mr. Norton offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Claims be instructed to inquire as to the necessity of further appropriation to meet properly authenticated claims against the Government for the recruiting service, and that it report by bill or otherwise.
On motion of Mr. Echols,
The House adjourned until 12 o'clock m. Wednesday.
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