On motion, the message and accompanying documents were referred to the Committee on Ways and Means. And on motion of Mr. Foote, The House resolved itself into open session. THIRTY-FIFTH DAY-SATURDAY, SEPTEMBER 27, 1862. OPEN SESSION. The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore. Mr. Hodge introduced A bill to amend an act entitled "An act to provide for the organization of the Navy," approved March 16, 1861, and for other purposes, approved April 21, 1862; which was read the first and second times and its further consideration postponed until after the disposal of the special order. Mr. Read, by consent, introduced A bill supplemental to an act entitled "An act authorizing the Secretary of War to grant transfers," approved September 23, 1862; which was read the first and second times, and the rules being suspended, was engrossed, read a third time, and passed. On motion of Mr. Wright of Georgia, the consideration of the special order was postponed until the morning hour of Monday. The rules being suspended, Mr. Kenner, from the Committee on Ways and Means, reported a joint resolution extending the session of Congress to Monday, the 6th day of October next, at 12 o'clock m. The resolution was taken up. Mr. Miles called the question; which was seconded. Yeas.. And are recorded as follows: Nays 55 12 [11] Yeas: Ashe, Baldwin, Barksdale, Batson, Bell, Bonham, Horatio W. Bruce, Eli M. Bruce, Chambers, Chambliss, Chilton, Clopton, Conrad, Conrow, Currin, Dargan, De Jarnette, Dupré, Farrow, Foote, Gartrell, Gentry, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Holt, Johnston, Jones, Kenner, Lander, Machen, Marshall, McRae, Menees, Miles, Moore, Munnerlyn, Perkins, Preston, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Tibbs, Welsh, Wilcox, Wright of Texas, and Mr. Speaker. Nays: Breckinridge, Collier, Freeman, Herbert, Hodge, McDowell, Read, Smith of North Carolina, Strickland, Vest, and Wright of Georgia. So the resolution was agreed to. The rules being suspended, Mr. Chambers introduced A joint resolution of thanks to Lieut. Isaac N. Brown and all under his command; which was read the first and second times, engrossed, read a third time, and passed. Mr. Miles, from the Committee on Military Affairs, to which was referred A bill to purge the Army of ignorant and incompetent officers, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to. Mr. Miles, from the same committee, reported A bill to purge the Army of ignorant and incompetent officers; which was read the first and second times, and the question being on the postponement of the bill and placing it upon the Calendar, the same was so ordered, and the bill was, on motion, ordered to be printed and made the special order for Monday next, to be continued from day to day until concluded. Mr. Strickland, by consent, introduced A resolution that the Clerk of this House, for the balance of the session, be authorized to employ such additional force as may be necessary to keep up the business; which was read and agreed to. Mr. Garnett, from the Committee on Military Affairs, to which was referred A bill to grant commutation for quarters to the Superintendent of the Army Intelligence Office and his clerks, reported the same back, with the recommendation that it pass. The rules were suspended; The bill was then taken up, engrossed, read a third time, and passed. Mr. Hilton, from the same committee, to whom was referred A resolution in relation to employing male slaves, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to. Mr. Hilton, from the same committee, to whom was referred reported the same back and asked to be discharged from its further consideration; which was agreed to. The question being on postponing its further consideration and placing it upon the Calendar, the same was so ordered, and on motion of Mr. Dargan, the consideration of the bill was made the special order of business for Wednesday next. Mr. Batson, from the same committee, to whom was referred reported the same back, asked to be discharged from its further con- A bill to authorize certain battalions and regiments to elect their field officers; which was read the first and second times. The rules were suspended; The bill was then taken up, engrossed, read a third time, and passed. Mr. Gartrell, from the Committee on the Judiciary, to whom was referred A bill to authorize judges of district courts to change the place of holding court in certain cases, reported the same back, with the recommendation that it pass. The rules were suspended; The bill was then taken up, engrossed, read a third time, and passed. Mr. Gartrell, from the same committee, to whom was referred a bill of the Senate to amend an act to divide the State of Texas into two judicial districts, and to provide for the appointment of judges and officers in the same, reported the same back, with the recommendation that it pass. The rules were suspended; The bill was taken up, read a third time, and passed. Mr. Gartrell, from the same committee, to whom was referred a Senate bill to regulate the fees of district attorneys in certain cases, reported the same back, with the recommendation that it pass. The rules were suspended; The bill was taken up and read a third time. Mr. Wilcox demanded the question, which was on the passage of the bill. The question was ordered. Mr. Foster called for the yeas and nays. The yeas and nays were ordered, And are recorded as follows, to wit:{ J Yeas. 31 42 Yeas: Arrington, Ashe, Barksdale, Batson, Breckinridge, Horatio W. Bruce, Eli M. Bruce, Chambliss, Conrad, Conrow, Farrow, Freeman, Garland, Gartrell, Gentry, Gray, Hartridge, Heiskell, Holt, Lander, Lyons, McDowell, McQueen, Miles, Moore, Smith of Alabama, Smith of North Carolina, Swan, Vest, Wilcox, and Mr. Speaker. Nays: Boteler, Chilton, Chrisman, Clapp, Clopton, Collier, Currin, Davidson, Davis, De Jarnette, Dupré, Foote, Foster, Gardenhire, Garnett, Goode, Graham, Hanly, Harris, Herbert, Hilton, Johnston, Jones, Kenan of Georgia, Kenan of North Carolina, Lyon, Machen, Marshall, McRae, Menees, Munnerlyn, Perkins, Preston, Pugh, Ralls, Read, Royston, Russell, Sexton, Tibbs, Welsh, and Wright of Texas. So the bill was lost. A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows: Mr. Speaker: The Senate have passed a bill of the following title, viz: S. 104 An act to authorize the appointment of a chief constructor of the Navy; In which I am directed to ask the concurrence of this House. They have also passed the following bills of this House: H R. 9. An act to increase the Signal Corps; H. R. 19 An act to amend acts Nos. 223 and 311 of the Provisional Congress, so as to authorize an extension of the time for selling property for taxes in default; and H R. 20. An act to amend the act to authorize payment to be made for certain horses purchased for the Army by Col. A. W. McDonald, approved August 21, 1861. Mr. Gartrell, from the Committee on the Judiciary, to whom was referred a communication from the Second Auditor in relation to the claims of deceased soldiers, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to. Mr. Gartrell, from the same committee, to whom was referred a communication from the Attorney-General, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to. On motion of Mr. Russell, the bill to repress atrocities of the enemy was made the special order of business, after the disposal of existing special orders. On motion of Mr. Moore, the House took up for consideration a bill to authorize the President of the Confederate States to institute a commission for the trial and punishment of officers in the armies of the Confederate States. C J-VOL 5-05- -29 The hour for the consideration of the special order having arrived, Mr. Heiskell moved a suspension of the rules in order to move a postponement of the same. The motion was lost. Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker An act to amend an act entitled "An act to provide further for the public defense," approved 16th April, 1862; also An act to better provide for the sick and wounded of the Army in hospitals. And the Speaker signed the same. Leave of absence was granted to Mr. Strickland from and after Monday next, on account of sickness in his family; also, to Mr. Davidson, on account of family affliction. Mr. Smith of North Carolina, by consent, offered A resolution that the President be requested to cause proper examination to be made by competent military officers of the water navigation of eastern North Carolina and eastern Virginia, with a view to such defenses as may be necessary for the protection of the country, accessible to attack from the enemy's gunboats; which was read and agreed to. The House then proceeded to the consideration of the special order, which was a bill to be entitled "An act to exempt certain persons from military duty, and to repeal an act entitled 'An act to exempt certain persons from enrollment in the Army of the Confederate States,' approved twenty-first April, eighteen hundred and sixty-two." Mr. Chambers moved to amend the first section by striking out all thereof and inserting as follows, to wit: That all persons who shall be held unfit for military service in the field by reason of bodily or mental incapacity, under rules to be prescribed by the Secretary of War; all in the service or employ of the Confederate States; all judicial and executive officers of the Confederate or State governments, except postmasters not nominated by the President and confirmed by the Senate, and except deputy sheriffs, deputy clerks, and constables; the members of both Houses of Congress and of the legislatures of the several States and their respective officers; all engaged in carrying the mails; all ferrymen on post routes; all pilots and persons engaged in the merchant marine service and in actual service on river and railroad routes of transportation; telegraphic operators; all ministers of religion in the regular discharge of ministerial duties, according to the rules of the sect to which they respectively belong, and all members of the Society of Quakers and the Association of Dunkers; all necessary editors, foremen, pressmen, and journeymen printers employed in printing newspapers; the Public Printer and those employed to perform the public printing for the Confederate and State governments; all shoemakers, tanners, harness makers, saddlers, blacksmiths, wagon makers, millers and their engineers, skilled and actually employed at their regular vocation in said trades while so actually employed; all presidents and teachers in colleges and academies, and all teachers having as many as twenty scholars; all superintendents of public hospitals, lunatic asylums, and the regular nurses and attendants therein, and the teachers employed in the institutions for the deaf and dumb and blind; in each apothecary store now established and doing business, one apothecary in good standing; all engaged in working coal mines, iron mines, furnaces, and foundries; superintendents in wool and cotton factories, and such other mechanics, artisans, and employees engaged in furnishing army ordnance, ordnance stores, and in the production of salt, who may be exempted by the Secretary of War; one person either as owner or overseer on each plantation on which there is no white male adult not liable to do military service; and such other persons as the President shall be satisfied on account of justice, equity, or necessity ought to be exempted, are hereby exempted from all military service in the armies of the Confederate States: Provided, That such number of the militia of any State as have been called out and mustered into the service of the said State by the executive thereof shall also be exempted, so long as the said militia may remain in the service of the State under the call of the governor. Mr. Gardenhire demanded the question; which was ordered, and the amendment was lost. Mr. Collier moved to amend the same by striking out all after the word "governments" down to and including the words "post-office" and inserting in lieu thereof the words including such postmasters and their assistants, and clerks in the General Post-Office, and such mail contractors and mail agents as in the opinion of the Postmaster-General shall be necessary for the public service. Mr. Swan called the question; which was ordered, and the amendment was lost. Mr. Gray moved to amend by inserting after the words "post-office" the words "and other than in large post-offices when the PostmasterGeneral may deem their services necessary." Mr. Swan demanded the question; which was ordered, and the amendment was lost. Mr. Chilton moved to amend the same by striking out the words except postmasters not nominated by the President and confirmed by the Senate, and assistants and clerks in any other post-office than the General Post-Office, and insert in lieu thereof the words including all such deputy postmasters and their clerks and mail agents and contractors as the Postmaster-General shall within thirty days from the passage of this bill report to the Secretary of War as necessary to the successful management of the Post-Office Department, which report it shall be his duty to make within thirty days. Mr. Swan called for the question; which was ordered, and Mr. Chilton demanded the yeas and nays. The yeas and nays were ordered, And are recorded as follows, to wit: Yeas.. 44 31 Yeas: Ashe, Ayer, Baldwin, Boyce, Bridgers, Horatio W. Bruce, Eli M. Bruce, Chilton, Clapp, Clopton, Collier, Conrad, Currin, Davis, De Jarnette, Dupré, Elliott, Farrow, Foote, Garnett, Goode, Graham, Gray, Harris, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Lyons, Machen, McDowell, McRae, McQueen, Menees, Miles, Preston, Royston, Sexton, Smith of Alabama, Smith of North Carolina, Tibbs, Trippe, and Wilcox. Nays: Arrington, Batson, Bonham, Boteler, Chambers, Chambliss, Chrisman, Conrow, Dargan, Davidson, Foster, Freeman, Gardenhire, Gartrell, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Moore, Munnerlyn, Perkins, Pugh, Ralls, Russell, Swan, Welsh, Wright of Georgia, and Wright of Texas. So the amendment was agreed to. Mr. Perkins moved to amend the amendment by adding thereto the words "provided the deputy or assistant shall not be under forty-five years of age." Mr. Swan moved to amend the amendment by striking out all thereof and inserting in lieu thereof the words Provided, That no postmaster or his assistant shall be exempt, except in such cases as those in which postmasters are nominated by the President and confirmed by the Senate. Mr. Harris being in the chair, decided the amendment of Mr. Perkins out of order, it not being in the power of the House to modify a proposition already adopted. Mr. Kenan of Georgia appealed from the decision of the Chair, and the question being |