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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 --FORTY-THIRD DAY--FRIDAY, December 30, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Minnigerode.
On motion of Mr. Dupré, the special orders for the morning hour were postponed to enable the House to proceed with the call of the States.
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Mr. Clopton offered the following resolution; which was adopted:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to inquire into the expediency of allowing bonded agriculturists to exchange a portion of their surplus productions for articles necessary to the support of their families or to carry on their agricultural pursuits.
Mr. Lyon presented a communication from certain adjutants of regiments, asking certain changes in the military laws; which was referred to the Committee on Military Affairs.
Mr. Shewmake offered the following resolution; which was adopted:
Resolved, That the Committee on Quartermaster's and Commissary Departments inquire into the expediency of relieving, in whole or in part, those agriculturists exempted and detailed under the act of seventeenth February, eighteen hundred and sixty-four, from their obligations to furnish certain meat to the Government, in cases where the enemy have taken or destroyed the animals out of which such meat was to be furnished by the owners thereof; and report by bill or otherwise.
Mr. W. E. Smith introduced
A bill "to establish a post route in the State of Georgia;"
which was read a first and second time and referred to the Committee on Post-Offices and Post-Roads.
Mr. W. E. Smith offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be requested to inquire into the expediency of prohibiting by law the appointment of post commanders and provost guards in towns, villages, cities, and districts distant from the line and field of military operations.
Mr. W. E. Smith presented a communication from Duncan Jordan, of Georgia, offering suggestions relative to the condition of the Army; which was referred to the Committee on Military Affairs.
Mr. E. M. Bruce moved that the papers in the case of Capt. William T. Estep be withdrawn from the files and referred to the Committee on Claims; which motion prevailed.
On motion of Mr. Machen, leave of absence was granted his colleague, Mr. Triplett (detained from his seat by indisposition).
Mr. Perkins introduced
A bill "to admit free of duty articles donated for the use of our soldiers;"
which was read a first and second time and referred to the Committee on Commerce.
Also, a bill "to amend the act of February seventeenth, eighteen hundred and sixty-four, creating the office of ensign in the Army of the Confederate States, so as to extend it to the cavalry as well as the infantry;"
which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Perkins offered the following resolution; which was adopted:
Resolved, That the Secretary of the Treasury be requested to inform Congress what amount of the new issue of Treasury notes has been remitted by the Government to the Trans-Mississippi Department. and the dates at which the different sums have been remitted, Also, that the Secretary be requested to inform Congress of the causes of the delay to supply the Trans-Mississippi Department with the new issue of Treasury notes, and if any legislation is required to facilitate the supply of that Department in the future with sufficient amount of funds to meet the Government obligations.
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Mr. Dupré introduced
A bill "to amend an act entitled 'An act providing for the establishment 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 appoint an additional clerk in the Bureau of Public Printing;" which was read a first and second time and referred to the Committee on Printing.
Mr. Dupré offered the following resolution; which was adopted:
Resolved, That the Committee on Quartermaster's and Commissary Departments be directed to ascertain whether rations have been and are now being issued to any of the female clerks in any of the Departments in which they are employed, and if so, by whose authority and under what law this has been done.
Also, the following resolution; which was adopted:
Resolved, That if not incompatible with the public interest, the President be requested to inform this House what measures have been adopted to secure communication between the military authorities at Richmond and the Trans-Mississippi Department other than the ordinary mails; and what number of messengers, if any, are now employed in communicating with the commanding general in that department and the agencies of the War, the Treasury, and the Post-Office Departments.
Also, the following resolution; which was adopted:
Whereas in the trial of Andrew W. McKee by a court-martial held in Alexandria, in the State of Louisiana, in July last, General E. Kirby Smith, commanding the Trans-Mississippi Department, being a witness in the case, was asked the question, "Were you authorized by the Secretary of the Treasury to assume control over the agents of the Treasury Department previous to the issue of General Orders No. 35, establishing the Cotton Bureau?" answered as follows: "I received no authority from the Secretary of the Treasury. I felt authorized under the instructions that I had received from the Secretary of War; and even had I no authority I felt authorized to assume the control of such agents. Under the instructions I felt authorized to organize bureaus and take all authority that was necessary for maintaining the department and supporting the armies in the field."
Be it resolved, That the President be requested to furnish to this House the instructions given by the Secretary of War to General Smith, under which he claims to have been authorized, as early as August, eighteen hundred and sixty-three, "to take all authority that was necessary for maintaining the department and supporting the armies in the field," and "to assume control of the agents of the Treasury Department so far as to make them his agents," and all ether orders or instructions from the Secretary of War to General E. Kirby Smith concerning the civil and military administration of the Trans-Mississippi Department, showing the extent of the powers vested in the commanding general by the authorities at Richmond.
Also, the following resolution; which was adopted:
Resolved, That the Committee on the Judiciary inquire and report, by bill or otherwise, what further legislation, if any, is necessary to provide for the payment of property belonging to citizens which has been taken and used in constructing defensive military works.
Mr. Orr offered the following resolution:
Resolved, That the Committee on Ways and Means be requested to report to this House the bill "to amend the tax laws," approved June fourteenth, eighteen hundred and sixty-four, referred to said committee on the -- day of November last.
Mr. Conrow called the question; which was ordered.
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Mr. Orr demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Ayer, Barksdale, Baylor, Bell, Boyce, Clopton, Cruikshank, De Jarnette, Dickinson, Echols, Garland, Gholson, Hanly, Herbert, Holder, Keeble, Lyon, McCallum, Orr, Perkins, Pugh, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Welsh, and Wickham.
Nays: Akin, Atkins, Baldwin, Batson, Eli M. Bruce, Horatio W. Bruce, Chilton, Chrisman, Clark, Cluskey, Colyar, Conrad, Conrow, Ewing, Farrow, Hatcher, Hilton, Johnston, Kenner, Lester, Machen, Menees, Miles, Moore, Norton, Read, Rives, Shewmake, Snead, Villeré, and Wilkes.
So the resolution was not adopted.
Mr. Moore moved that the rules be suspended to enable him to report back a joint resolution from the Committee on the Judiciary.
The motion was lost.
Mr. Barksdale presented a memorial from W. A. Chapman in relation to an act providing compensation for officers and privates engaged in the performance of staff duty; which was referred to the Committee on Military Affairs.
Mr. Barksdale introduced
A bill "to authorize marshals and their deputies to take bail in certain cases;"
which was read a first and second time and referred to the Committee on the Judiciary.
Mr. Barksdale offered the following resolution; which was adopted:
Resolved, That the President be requested to inform this House whether coals were taken from the steamer Advance, for the naval service, in October last. and if so, what quantity was thus taken and the circumstances under which the same was taken.
Mr. Orr offered the following resolution; which was adopted:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to inquire into the expediency of so amending the law for losses of slaves employed at work on fortifications as to include slaves employed in any other Government service.
Mr. Holder offered the following resolution; which was adopted:
Resolved, That the memorial of T. A. Mitchell, referred to the Committee on Claims at the last session of Congress with the testimony and proof accompanying the same, be referred to the same committee at the present session for consideration and report.
Mr. Holder 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. Clark offered the following resolution; which was adopted:
Resolved, That the President be respectfully requested to cause to be laid before this House, if not, in his opinion, incompatible with the public service, at as early a day as practicable, the reports of Generals Taylor, Price, and Magruder, with the report of General Smith appended, of their military operations in the Trans-Mississippi Department during the last eighteen months.
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Also, the following resolution; which was adopted:
Resolved, That the Committee on the Medical Department be instructed to inquire into the expediency of appointing a general military supervisor of hospitals, and report by bill or otherwise as early as practicable.
Mr. Norton introduced
A bill "to provide additional clothing and privileges to troops in the field;"
which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.
Under a suspension of the rules, Mr. Moore, from the Committee on the Judiciary, to whom had been referred
A joint resolution "explanatory of the act approved January thirteenth, eighteen hundred and sixty-four, increasing the compensation of certain officers and employees of the Government,"
reported back the same with a recommendation that it do pass.
The question being on postponing the joint resolution and placing it on the Calendar,
It was decided in the negative.
Mr. Holliday submitted the following amendment:
Add at the end of the joint resolution the following: "and all the civil employees of any of the Departments and bureaus or offices in the city of Richmond who have not already received the benefits of such act."
Mr. Ayer moved to amend the amendment of Mr. Holliday by inserting after the word "Richmond" the words "and the city of Columbia;" which was agreed to, and the amendment of Mr. Holliday, as amended, was also agreed to.
Mr. Hanly submitted the following amendment to the joint resolution:
Add to the end the following proviso: "Provided, That the effect of this resolution shall not be to give compensation for past service."
Mr. Hanly demanded the yeas and nays thereon; which were not ordered, and the amendment was lost.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Boudinot, by unanimous consent, introduced
A bill "amending the act to regulate trade and intercourse with the Indians;"
which was read a first and second time and referred to the Committee on Indian Affairs.
Also, a bill "to provide more effectually for carrying into effect the treaty with the Cherokee Nation;" which was read a first and second time and referred to the Committee on Indian Affairs.
Also, a bill "for the relief of the Indian nations with which treaties have been made by the Confederate States;" which was read a first and second time and referred to the Committee on the Judiciary.
On motion of Mr. Lyon, the House proceeded to the consideration of the special order of the day, viz:
The bill "to facilitate the settlement of claims of deceased officers and soldiers."
Mr. Perkins, from the committee, submitted the following amendment:
In section 1, line 5, after the word "auditing," insert the words "and issuing of certificates of payment."
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Strike out the word "the," in the same line, and insert in lieu thereof the word "all;"
which was agreed to.
Also, the following amendment:
In section 1, strike out all after word "conscription," in lines 23 and 24. which reads as follows, viz: "and that said Auditor and his clerks shall be hereafter entirely exempt from military duty, except such as may be required in the preservation and defense of the public property in their charge," and insert in lieu thereof the words "or have been retired or disabled for field service:"
which was agreed to.
Also, the following amendment:
Fill the blank in line 7 with "five thousand five hundred," in line 9 with "five thousand," in line 10 with "five thousand," and in line 12 with "four thousand;"
which was agreed to.
Also, the following amendment:
In section 3, line 10, after the word "required," insert the words "he may receive copies of final statements duly authenticated by accredited State agents, and;"
which was agreed to.
Also, the following amendment:
In section 3, line 13, after the word "authorized," insert the words "under the sanction of the Secretary of War;"
which was agreed to.
Also. the following amendment:
Strike out the proviso in section 3; which reads as follows, viz: "Provided further, That the claims, when settled, shall not be subjected to reference or the revision of any other officer of the Government whatsoever."
Mr. Machen demanded the yeas and nays thereon; which were not ordered.
On agreeing to the amendment, no quorum having voted,
Mr. Machen again demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Baldwin, Baylor, Boyce, Horatio W. Bruce, Chilton, Chrisman, Clark, Clopton, Colyar, Conrad, Cruikshank, De Jarnette, Dickinson, Ewing, Foster, Gholson, Hanly, Holder, Holliday, Johnston, Kenner, Lester, Lyon, Machen, Menees, Miles, Norton, Perkins, Read, Rives, Shewmake, J. M. Smith, W. E. Smith, Snead, Villeré, Wickham, and Wilkes.
Nays: Atkins, Barksdale, Batson, Eli M. Bruce, Cluskey, Conrow, Farrow, Garland, McCallum, Moore, Pugh, Simpson, Smith of Alabama, Vest, Welsh, and Witherspoon.
So the amendment was agreed to.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed a bill (S. 151) to provide for the canceling of 4 per cent bonds and certificates received in payment of taxes and other public dues; in which I am directed to ask the concurrence of this House.
The President of the Confederate States has notified the Senate that he did,
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on the 22d instant, approve and sign an act entitled (S. 136) "An act to provide funds to meet a deficiency in the appropriation to pay the officers and employees of the War Department."
A message was received from the President, by Mr. Harrison, his Private Secretary, announcing that on the 29th instant he approved and signed a bill (H. R. 214) "to define and punish conspiracy against the Confederate States."
Mr. Baldwin submitted the following amendment:
Add at the earl of the third section the following: "Provided, That if the Secretary of the Treasury, or any person interested in any claim passed upon by the said Auditor, shall be dissatisfied with his decision, he may, within twelve months, appeal to the Comptroller of the Treasury, whose decision shall be final and conclusive."
Mr. Conrow demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Baldwin, Batson, Boyce, Eli M. Bruce, Chilton, Cluskey, Colyar, Conrow, De Jarnette, Hanly, Holder, Holliday, Lester, Lyon, McCallum, Menees, Norton, Orr, Pugh, Read, Simpson, J. M. Smith, W. E. Smith, Snead, Vest, Welsh, Wilkes, and Witherspoon.
Nays: Akin, Anderson, Horatio W. Bruce, Chrisman, Clark, Clopton, Conrad, Cruikshank, Dickinson, Dupré, Ewing, Farrow, Garland, Gholson, Hilton, Kenner, Machen, Miles, Moore, Murray, Perkins, Rives, Shewmake, Villeré, and Wickham.
So the amendment was agreed to.
Mr. Perkins, from the committee, submitted the following amendment:
In section 4, line 3, strike out the words "etc., shall," and insert in lieu thereof the word "may;"
which was agreed to.
Also, the following amendment:
In same section, same line, after the word "equally," insert the words "if there be no administrator;"
which was agreed to.
Also, the following amendment:
In same section, lines 6 and 7, strike out the words "in which case letters of administration must be had;"
which was agreed to.
Mr. Conrow submitted the following amendment:
Strike out the proviso in section 3; which reads as follows, viz: "Provided, The sum does not exceed one hundred dollars;"
which was not agreed to.
Mr. Perkins, from the committee, submitted the following amendment:
In section 5, line l, after the word "issued," insert the words "by the Auditor;"
which was agreed to.
Also, the following amendment:
In same section, line 6, after word "and," insert the words "shall not;" which was agreed to.
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Also, the following amendment:
In same section, strike out all after the word "assignable," in line 6; which reads as follows, viz: "by the claimant in writing thereon, to any other individual except to one who is or has been in the employment of a Department of the Government;"
which was agreed to.
Mr. Hanly submitted the following amendment:
Add the following as an independent section, to come in after the sixth section:
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Perkins moved to reconsider the vote by which the bill was passed.
The motion to reconsider was lost.
The House proceeded to the consideration of the next special order, viz:
The bill "to protect the Confederate States against frauds, and to provide remedies against officers and employees of the Government committing them."
Mr. Murray moved that the House adjourn.
The motion was lost.
Mr. Gholson moved to amend the bill by striking out. in lines 20 and 21, section 5, the words "a legal presumption of fraud shall arise, and."
Pending which,
Mr. Dupré moved that the House adjourn.
The motion to adjourn was lost.
Mr. Welsh called the question; which was ordered, and the amendment of Mr. Gholson was adopted.
Mr. W. E. Smith submitted the following amendment:
In section 7. strike out all after the word "commission;" which reads as follows, viz: "and he shall be conscribed and held to military service during the existing war;"
which was agreed to.
Mr. Herbert, by consent, submitted the following amendment to the first section:
In line 3. after the word "Department," insert the words "or in the Cotton Bureau and Office of the Trans-Mississippi Department."
Pending which,
On motion of Mr. Hilton.
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have appointed Mr. Caperton, Mr. Oldham, and Mr. Hill as the committee on their part under the resolution providing for the
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appointment of a joint committee of the two Houses of Congress to inquire into our present and future means of public defense.
On motion,
The House resolved itself into open session.
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