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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 --FIFTY-THIRD DAY--WEDNESDAY, January 11, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Duncan.
Mr. David W. Carroll, member from Arkansas, appeared, was sworn to support the Constitution of the Confederate States, and took his seat.
Mr. J. M. Leach submitted the following resolution; which was adopted:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to inquire what legislation, if any, should be adopted in regard to exemption by law of such number of mechanics and artisans as shall be indispensably necessary to carry on the mechanical and industrial pursuits of the country, and report by bill or otherwise.
Mr. Fuller moved that the bill "to aid in the construction of the Fayetteville and Florence Railroad" be taken from the Calendar of the last session and placed upon the Calendar of this session; which motion prevailed.
Mr. Logan offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be requested to examine into the expediency of increasing the pay of junior officers in the military service while they are in command in consequence of the unavoidable absence of their senior officers.
Also, the following resolution:
Resolved, That the Judiciary Committee be instructed to prepare and report a bill "to take the census of the Confederate States of America, according to the requirements of the Constitution."
Mr. Russell moved to amend the resolution by striking out the words "to prepare and report" and insert in lieu thereof the words "to inquire into the expediency of preparing and reporting."
The amendment of Mr. Russell was agreed to, and the resolution as amended was adopted.
Mr. Farrow submitted the following resolution; which was adopted:
Resolved, That the Committee on the Quartermaster's and Commissary Departments be instructed to consider and report upon the practicability and desirableness of amending the existing law so as to permit producers to sell portions of the surplus of their crops to nonproducers for consumption, and upon the propriety of further amending the law so as to enable producers to exchange a portion of the surplus of their crops for articles necessary to keeping up the productive capacity of their planting resources, and that said committee report by bill or otherwise.
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Also, the following resolution; which was adopted:
Resolved, That it be referred to the Committee on Foreign Affairs to inquire and report whether any and what action is proper to be taken by Congress on the subject of enlistment by the Government of the United States of troops in foreign countries.
Mr. Boyce offered the following resolution:
Resolved, That the Clerk of this House be, and he is hereby, authorized to employ an additional assistant clerk, whose compensation shall be the same as that now received by the assistant clerks of this House.
Mr. Marshall moved to amend the resolution by adding the following proviso:
Provided, That no person subject to military service shall be employed.
On motion of Mr. Gholson, the resolution and amendment were referred to the Committee on Rules and Officers of the House.
Mr. Miles submitted the following series of resolutions; which were referred to the Committee on Foreign Affairs and ordered to be printed:
Resolved, That under the Constitution Congress alone has the power to declare war, and the President. by and with the advice and consent of the Senate, the power to make a treaty of peace.
Resolved, That all attempts to make peace with the United States by the action or intervention of the separate States composing this Confederacy are unauthorized by the Constitution, in contravention of the supreme law of the land, and therefore "revolutionary."
Resolved, That the Confederate States are prosecuting the war in which they are engaged for the purpose of establishing their independence as a separate power, and that in so doing they are exercising the natural and inalienable right claimed by them in the Revolution of 1776, which established their independence of the British Crown.
Resolved, That we, the Representatives of the people of the Confederate States, are firmly determined to continue the struggle in which we are involved until the United States shall acknowledge our independence; and to this determination, with a firm conviction of the justice of our cause and an humble reliance upon the Supreme Ruler of Nations, we do solemnly and faithfully pledge ourselves.
Mr. McCallum offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency and practicability of adopting measures to facilitate Government transportation and insure lines of communications, to wit:
Mr. McCallum introduced
A bill "to amend an act entitled 'An act to amend the tax laws;'" which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Branch presented the memorial of C. G. Forshey, asking to be relieved from liability for the loss of certain bonds of the Government; which was referred to the Committee on Claims.
Mr. Russell presented a communication from the War Department, respecting defaulting officers and agents.
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Also, a communication from the War Department, respecting the practice in cases of habeas corpus.
Also, a communication from the War Department, respecting the sale of clothing issued to soldiers; which were referred to the Committee on the Judiciary.
Mr. Russell submitted the following resolution; which was adopted:
Resolved, That the Committee on the Judiciary inquire into the expediency of enacting a law to regulate the subject of property captured on land from the enemy.
Mr. Funsten offered the following resolution:
Resolved, That all bills, resolutions, and motions touching negotiations for peace that may hereafter be submitted to this House shall be referred to the Committee on Foreign Affairs without debate.
Mr. Funsten moved that the rules be suspended to enable the House to consider the resolution at this time.
The motion was lost, and the resolution lies over two days under the rule.
Mr. Johnston presented a letter from Washington B. McNemar, of the Thirty-first Virginia Regiment, on the subject of clothing for officers; which was referred to the Committee on the Quartermaster's and Commissary Departments.
Mr. Staples offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means be instructed to report to this House a bill making such appropriations as may be necessary to meet the claims growing out of the loss of horses where payment is provided for under existing laws.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs inquire into the expediency of reporting a bill authorizing the pay due to Confederate prisoners to be drawn by some member of the family of such soldiers.
Mr. Staples presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.
Mr. Staples presented the memorial of J. Gardner, postmaster at Christiansburg, Va., asking to be relieved from the loss of postage stamps captured by the enemy; which was referred to the Committee on Claims.
Also, the memorial of Mrs. E. O. Johnston, of Botetourt County, Va., asking relief from loss incurred in the destruction of her property by Confederate forces in burning a bridge at Buchanan, in said county.
Mr. Wickham presented the memorial of James D. Browne, asking increase of rent for property occupied by medical director, commissioner of exchange, etc.; which was referred to the Committee on Claims.
Mr. McMullin offered the following resolution; which was adopted:
Resolved, That a member be added to the committee appointed at the last session of Congress to investigate the outrages practiced upon the people of East Tennessee and southwestern Virginia by our own soldiers in the place of Honorable Joseph B. Heiskell, and that said committee have leave to sit during the recess of Congress.
Also, the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of fixing a maximum of prices upon all agricultural, mechanical, and manufactured articles, and report by bill or otherwise.
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Mr. Gholson offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means inquire into the justice and propriety of relieving the Exchange Bank of Virginia, at Norfolk, from the operation of the act which required [that?] the payment of all loans should be demanded before July first, eighteen hundred and sixty-three, and report by bill or otherwise.
Mr. Holliday presented the memorial of D. E. Henderson, asking to be relieved from responsibility for certain money stolen from him; which was referred to the Committee on Claims.
Mr. Clopton offered the following resolution; which was adopted:
Resolved, That the Committee on Ways and Means be instructed to inquire and report what amount of the tax in kind has been collected during the year eighteen hundred and sixty-four; what amount of said tax has been received by the Quartermaster's and Commissary Departments; what disposition has been made or what is the present condition of the residue, and what further legislation, if any, is necessary to prevent said tax from being wasted or misapplied.
Mr. Clopton introduced
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;'"
which was read a first and second time and referred to the Special Committee on Impressments.
Mr. Chilton presented a design for a Confederate flag; which was referred to the Committee on Flag and Seal.
Mr. Chilton presented the memorial of Maj. D. W. Hinkle, asking to be relieved from liability incurred by loss of certain money stolen from him; which was referred to the Committee on Claims.
Mr. Chilton offered the following resolution; which was adopted, viz:
Resolved, That the Committee on Rules and Officers of the House inquire into the expediency of appointing a committee consisting of one from each State, to be styled a committee on the conduct of the war, to continue its sessions at the Capitol during the recess of Congress, charged with such duties touching the conduct of the war and the means necessary to its successful termination as may be devolved upon it.
Under a suspension of the rules, Mr. Hanly, from the Committee on "to Indian Affairs, to whom had been referred a Senate bill (S. 149) amend an act entitled 'An act to provide for the payment of the interest on the removal and subsistence fund due the Cherokee Indians in North Carolina,' approved May first, eighteen hundred and sixty-three," reported back the same with the recommendation that it do pass.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The bill was read a third time and passed, and the title was read and agreed to.
Mr. Hanly, from the same Committee, to whom had been referred
A bill (H. R. 310) "amendatory of the act entitled 'An act to provide for the organization of the Arkansas and Red River Superintendency of Indian Affairs, to regulate trade and intercourse with the Indians therein, and to preserve peace on the frontiers,'"
reported back the same with the recommendation that it do pass with the following amendments:
Strike out, in the fifth and sixth lines, section 1, the words "any place which" and insert in lieu thereof the words "such place within said superintendency
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as;" and at the end of the first section add the words "unless the President shall otherwise order."
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The amendments were agreed to, and the bill was engrossed, read a third time, and passed.
Mr. Hanly, from the same committee, submitted the following amendment to the title of the bill:
Add the words "approved eighth April, eighteen hundred and sixty-two;"
which was agreed to, and the title as amended was read and agreed to.
Mr. Foster moved that the rules be suspended to enable him to report a bill from the Committee on Indian Affairs; which motion did not prevail.
Mr. Hilton presented the memorial of William Nickels, of Marl anna, Fla., asking that bonded agriculturists captured at that place and held by the enemy be relieved from their bonds; which was referred to the Committee on Military Affairs.
Mr. Bell offered the following resolution; which was laid upon the table:
Resolved, That the President of the Senate and the Speaker of the House of Representatives (the Senate concurring) will on Saturday, the twenty-eighth of the present month, at the hour of two postmeridian, adjourn their respective Houses.
Mr. Anderson introduced
A bill "for the relief of bonded agriculturists in certain cases;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill "to amend an act approved June fourteenth, eighteen hundred and sixty-four, entitled 'An act to amend the laws relating to the tax in kind;'"
which was read a first and second time and referred to the Committee on Ways and Means.
Mr. J. M. Smith offered the following resolution; which was adopted:
Resolved, That the Committee on Military Affairs be instructed to inquire what legislation is required on the part of Congress to secure to noncommissioned officers and privates in companies from other States of the Confederacy than their own the right of transfer to such companies in the same branch of the service from their own States as they may select, and that the committee report by bill or otherwise.
Mr. W. E. Smith introduced
A bill "to amend an act entitled 'An act to provide for the public defense,' approved March sixth, eighteen hundred and sixty-one;"
which was read a first and second time and referred to the Committee on Military Affairs.
Also, a bill "for the relief of indigent soldiers' families;" which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Akin introduced
A bill "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 seventeenth February, eighteen hundred and sixty-four;"
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which was read a first and second time and referred to the Committee on Ways and Means.
Mr. Shewmake moved that the rules be suspended to enable him to offer a resolution for consideration, limiting debate.
The motion was lost.
Mr. Sexton presented the memorial of clerks in the Treasury agency in the Trans-Mississippi Department, asking an increase of compensation; which was referred to the Committee on Ways and Means.
On motion of Mr. Moore, the memorial of John R. Cardwell and William Cardwell was withdrawn from the files and referred to the Committee on Claims.
Mr. Dupré offered the following resolution; which was adopted:
Resolved, That the President be respectfully requested to furnish to this House all the reports made by General E. Kirby Smith concerning the administration of the Trans-Mississippi Department since his appointment as commanding general thereof.
Also, the following resolution; which was adopted:
Resolved, That the President be respectfully requested to inform this House what steps have been taken to organize the corps of scouts authorized to be created by act of the last Congress to facilitate communication with the Trans-Mississippi Department.
Also, the following resolution; which was adopted:
Resolved, That the President be requested to furnish to this House the number of persons who have been exempted as mail contractors for carrying the mails either on horseback, or otherwise, on routes under fifty miles in length.
Mr. Barksdale offered the following resolution; which was adopted:
Resolved, That the special committee to whom was referred the subject of legislation for the relief of taxpayers residing in localities that have been occupied and overrun by the enemy, be instructed to inquire into the expediency of reporting a bill for the relief of agriculturists detailed under the provisions of the law approved February seventeenth, eighteen hundred and sixty-four, who have been unable to furnish the supplies required by their bonds by reason of the depredations of the enemy.
Mr. Clark offered the following resolution; which was adopted, viz:
Resolved, That the President be, and he is hereby, respectfully requested to communicate to this House if there are now in office any commissioners of the Confederate States under the sequestration act, and if there are any such officers, their names and when appointed.
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 the recommendation that it do lie upon the table; which was agreed to.
Mr. Moore, from the same committee, reported
A joint resolution "construing the act of thirtieth January, eighteen hundred and sixty-four, increasing the compensation of certain officers and employees of the Government,"
with the recommendation that it do pass.
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The joint resolution was read a first and second time.
The question being on postponing it and placing it on the Calendar,
It was decided in the negative.
The joint resolution was engrossed and read a third time.
Mr. Dupré called the question; which was ordered.
The question being put,
Shall the joint resolution pass?
Mr. Blandford demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Barksdale, Baylor, Bell, Boyce, Bradley, Branch, Horatio W. Bruce, Burnett, Carroll, Chambers, Chilton, Clark, Clopton, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Echols, Elliott, Ewing, Farrow, Foster, Fuller, Funsten, Gholson, Goode, Gray, Hatcher, Herbert, Hilton, Holder, Holliday, Johnston, Keeble, Lamkin, J. M. Leach, Logan, Lyon, Machen, Marshall, McCallum, Menees, Miles, Miller, Moore, Norton, Orr, Perkins, Sexton, Simpson, W. E. Smith, Smith of Alabama, Snead, Triplett, Turner, Vest, Villeré, Wickham, and Wilkes.
Nays: Batson, Blandford, Colyar, Conrow, Hanly, Lester, McMullin, Shewmake, and J. M. Smith.
So the joint resolution was passed, and the title was read and agreed to.
Mr. Moore moved to reconsider the vote by which the joint resolution was passed, and called the question; which was ordered.
The motion to reconsider was lost.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed a resolution providing for the appointment of a joint committee to investigate the condition and treatment of prisoners of war held by the Confederate and United States Governments; 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, on the 5th instant, approve and sign acts of the following titles, viz:
The morning hour having expired,
The House proceeded to the consideration of the special order, viz:
The bill "to amend the act to organize forces to serve during the war."
Mr. Blandford submitted the following amendment:
Strike out the second paragraph, which reads as follows, viz:
"The Vice-President of the Confederate States, the members and officers of Congress and of the several State legislatures, and such other Confederate and State officers as the President or the laws of the respective States may declare to be necessary for the proper administration of the Confederate or State governments, as the case may be,"
and insert in lieu thereof the following, viz:
"Such Confederate and State officers as the President or the laws of the Confederate States may declare to be necessary for the proper administration of the Confederate or State governments, as the case may be; and it is hereby declared that the Congress of the Confederate States has no power to place in the military
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service of the Confederate States any person holding an office in the executive, judicial, or legislative departments of the several States or of the Confederate States whose offices are created by the constitution of said States or of the Confederate States."
Mr. Chilton submitted the following amendment [to the amendment] of Mr. Blandford:
Strike out the whole of the same and insert in lieu thereof the following, viz:
"The Vice-President of the Confederate States, the members and officers of Congress, the judges of the judicial courts of the Confederate States, and such Other Confederate officers as the President may declare to be necessary for the proper administration of the Confederate Government; also all officers of the respective States except such as may be declared by the law of the State to which such officer may belong subject to Confederate military service."
Mr. Clark submitted the following amendment to the second paragraph:
Insert, in line 7, after the word "Congress," the words "while in the active performance of their duties as such."
Mr. Clark called the question; which was ordered.
Mr. Orr demanded the yeas and nays thereon;
Which were ordered,
Yeas: Ayer, Barksdale, Baylor, Bell, Blandford, Boyce, Chilton, Chrisman, Clark, Cruikshank, Elliott, Foster, Gilmer, Goode, Hanly, Hatcher, Holder, Lamkin, Lester, Lyon, McMullin, Miller, Norton, Orr, Staples, Triplett, Turner, Vest, Wilkes, and Witherspoon.
Nays: Akin, Anderson, Baldwin, Batson, Bradley, Branch, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambers, Clopton, Cluskey, Colyar, Conrow, Darden, De Jarnette, Dickinson, Dupré, Ewing, Farrow, Fuller, Funsten, Garland, Gholson, Gray, Holliday, Keeble, J. M. Leach, Logan, Machen, Marshall, McCallum, Menees, Moore, Perkins, Pugh, Rives, Russell, Sexton, Shewmake, Simpson, J. M. Smith, Smith of Alabama, Snead, Villeré, and Wickham.
So the amendment of Mr. Clark was lost.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate having passed a joint resolution (S. 23) requesting the President to appoint a day of fasting, humiliation, and prayer, with thanksgiving; in which I am directed to ask the concurrence of this House.
Mr. Garland called the question; which was ordered.
The question being on the amendment of Mr. Chilton to the amendment of Mr. Blandford,
Mr. Blandford demanded the yeas and nays;
Which were ordered,
Yeas: Anderson, Batson, Baylor, Bell, Boyce, Bradley, Eli M. Bruce, Horatio W. Bruce, Burnett, Chilton, Chrisman, Cluskey, Colyar, Conrow, De Jarnette, Dickinson, Dupré, Elliott, Ewing, Fuller, Funsten, Garland, Gholson, Gilmer, Goode, Hatcher, Holder, Holliday, Keeble, Lamkin, Logan, Lyon, Machen, Marshall, McCallum,
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McMullin, Menees, Moore, Norton, Orr, Perkins, Read, Russell, Sexton, Shewmake, Smith of Alabama, Wickham, and Wilkes.
Nays: Akin, Ayer, Baldwin, Blandford, Branch, Chambers, Clark, Clopton, Cruikshank, Darden, Farrow, Foster, Gray, Hanly, Herbert, J. M. Leach, Lester, Miles, Miller, Pugh, Simpson, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Turner, Vest, Villeré and Witherspoon.
So the amendment to the amendment was agreed to.
Mr. Russell submitted the following amendment to the second paragraph:
Insert after the word "Vice-President" the words "and judges;"
which was agreed to.
Mr. Shewmake submitted the following amendment to the amendment of Mr. Blandford, as amended:
Strike out word "President" and insert in lieu thereof the words "laws of the Confederate States."
The Chair ruled the amendment of Mr. Shewmake out of order.
Mr. Marshall appealed from the decision of the Chair.
Mr. Hilton called the question; which was ordered.
The question being put,
Shall the decision of the Chair stand as the judgment of the House?
It was decided in the affirmative.
Mr. McMullin moved that the House resolve itself into Committee of the Whole to consider the pending business.
The motion was lost.
The question recurring on the amendment of Mr. Blandford, as amended,
Mr. Chilton demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Boyce, Horatio W. Bruce, Chilton, Clopton, Cluskey, Cruikshank, Dickinson, Farrow, Fuller, Funsten, Garland, Gholson, Gilmer, Goode, Hatcher, Keeble, Lamkin, J. M. Leach, Logan, Lyon, Machen, McCallum, McMullin, Menees, Moore, Norton, Read, Simpson, Snead, Staples, and Turner.
Nays: Akin, Anderson, Ayer, Batson, Bell, Blandford, Bradley, Branch, Clark, Colyar, Conrow, Darden, Dupré, Ewing, Foster, Gray, Hanly, Herbert, Hilton, Holder, Lester, Marshall, Miles, Miller, Russell, Sexton, Shewmake, J. M. Smith, W. E. Smith, Triplett, Villeré, Wickham, and Wilkes.
So the amendment was rejected.
Mr. Shewmake submitted the following amendment to the second paragraph:
In line 9, strike out the word "President" and insert in lieu thereof the words "laws of the Confederate States."
Pending which,
On motion of Mr. Cluskey,
The House adjourned until 11 o'clock to-morrow.
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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 concurred in the resolution of the House of Representatives authorizing the joint committee appointed in inquire into our present and future means of public defense to confer with any committee raised in secret session by the legislature of Virginia.
On motion,
The House resolved itself into open session.
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