Shall the decision of the Chair stand as the judgment of the House? The same was decided in the affirmative.

A message was received from the President, by his Private Secretary, Mr. Harrison.

The question then being on the amendment of Mr. Swan,

Mr. Harris being in the chair, declared the same out of order, it not being competent to insert language in the bill already stricken out by a vote of the House.

Mr. Swan appealed from the decision of the Chair, and the question being

Shall the decision of the Chair stand as the opinion of the House? The same was decided in the affirmative.

Mr. Wright of Georgia moved to amend by adding the words

Provided, The said postmasters, deputies, and clerks shall not be able-bodied men fit for military duty, under forty-four years of age.

Mr. Chilton demanded the question; which was ordered, and Mr. Gartrell called for the yeas and nays; Which were ordered,

Yeas

And are recorded as follows: Nays

36

27

Yeas: Batson, Bonham, Boteler, Horatio W. Bruce, Chambers, Chambliss, Chrisman, Clapp, Clopton, Conrow, Davidson, Davis, Foote, Foster, Freeman, Gartrell, Hanly, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Marshall, McRae, McQueen, Perkins, Pugh, Ralls, Strickland, Tibbs, Trippe, Welsh, Wright of Georgia, and Wright of Texas.

Nays: Arrington, Baldwin, Barksdale, Eli M. Bruce, Chilton, Dargan, Dupré, Elliott, Farrow, Garnett, Goode, Graham, Gray, Harris, Hartridge, Herbert, Hilton, Holcombe, Lyons, Machen, McDowell, Miles, Preston, Royston, Sexton, Smith of Alabama, and Wilcox. So the amendment was agreed to.

Mr. Chambers moved to amend the same by adding the words

Provided further, That said mail agents and contractors shall not be able-bodied men fit for military duty, under the age of forty-four years,

and called the question thereon; which was ordered, and the amendment was agreed to.

Mr. Baldwin moved to amend by striking out the words

and except such state officers as the several States may have declared by law to be liable to militia duty or may hereafter be excepted by the several States.

The amendment was lost.

Mr. Conrad moved to amend by striking out the words "or may hereafter be excepted by the several States" and inserting in lieu thereof the words " or may hereafter declare."

The amendment was agreed to.

Mr. Lyons moved to amend by inserting after the word "States" the words "Provided, If under forty-four years of age, they are disabled from military service."

Mr. Chambers demanded the yeas and nays;

Which were ordered,

(Yeas.

And are recorded as follows: Nys

Nays.

32

36

Yeas: Ayer, Baldwin, Barksdale, Batson, Bell, Boteler, Breckinridge, Chambers, Chilton, Clopton, Conrow, Dargan, Elliott, Foster,

Freeman, Gardenhire, Garland, Garnett, Goode, Graham, Kenan of Georgia, Lander, Lyons, Preston, Pugh, Read, Swan, Tibbs, Vest, Welsh, Wilcox, and Wright of Texas.

Nays: Arrington, Ashe, Bonham, Bridgers, Eli M. Bruce, Chambliss, Clapp, Conrad, Davidson, Davis, Dupré, Farrow, Gentry, Gray, Hanly, Harris, Heiskell, Herbert, Holcombe, Holt, Jones, Kenan of North Carolina, Kenner, Lyon, Machen, Marshall, McDowell, McQueen, Miles, Moore, Perkins, Ralls, Royston, Smith of Alabama, Smith of North Carolina, and Trippe.

So the amendment was lost.

Mr. Lyon moved that the bill and amendments be referred to a special committee to be composed of one from each State.

A message was received from the President, by his Private Secretary, Mr. Harrison, informing the House that the President on the 26th instant approved and signed an act authorizing the Secretary of the Treasury to offer a reward for the apprehension and conviction of persons engaged in forging or uttering counterfeit Confederate Treasury notes.

Mr. Gardenhire, from the Committee on Enrolled Bills, reported as correctly enrolled

A bill (No. 17) to be entitled "An act to provide for the payment of sums ascertained to be due for postal service to citizens of the Confederate States by the Postmaster-General;" also

Joint resolution (No. 19) to authorize the Postmaster-General to cause certain alterations to be made in the building now occupied by the Post-Office Department; also

A bill (No. 9) to be entitled "An act to increase the Signal Corps." And the Speaker signed the same.

On motion of Mr. Davis,

The House adjourned until 11 o'clock on Monday.

THIRTY-SIXTH DAY-MONDAY, SEPTEMBER 29, 1862.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.

On motion, leave of absence was granted Messrs. Hodge, Read, and Munnerlyn.

The Chair laid before the House a message from the President; which is as follows, to wit:

I herewith transmit for your consideration communications from the Secretary of the Navy, submitting estimates in response to your resolutions of the 22d and 23d instant.

I recommend appropriations of the sums, for the purposes specified.

JEFFERSON DAVIS.

which was read, and the estimates accompanying the same were referred to the committees of Ways and Means and Naval Affairs.

The Chair also presented a communication from the President; which is as follows, to wit:

I herewith transmit for your information a report from the Secretary of War upon the case of Charles K. Hyde, in response to your resolution of the 20th instant. JEFFERSON DAVIS.

Mr. Baldwin moved that the message and accompanying documents be referred to the Committee on the Judiciary, with instructions to inquire and report whether the claim of the President of the right to establish martial law requires any further action of Congress.

Mr. Foote moved to amend by instructing the committee to report without delay.

The motion was lost.

And the amendment of Mr. Baldwin was lost.

Mr. Heiskell moved that the message and its accompanying documents be laid upon the table and printed.

Mr. Swan called the question; which was ordered, and the motion was agreed to.

The Chair also presented a communication from the President; which is as follows, to wit:

I herewith transmit for your consideration a communication from the Secretary of War, submitting estimates to supply deficiencies in the appropriation for the Medical Department of the Army.

I recommend an appropriation of the amount, and for the purpose specified. JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

The Chair also presented

A bill of the Senate to authorize the appointment of a chief constructor of the Navy;

which was read the first and second times and referred to the Committee on Naval Affairs.

Mr. Kenner moved that the rule requiring estimates to be printed before referred to committees be suspended, and called the question thereon; which was ordered, and the motion was agreed to.

The House then proceeded to the consideration of the special order, which was a bill to reorganize and promote the efficiency of the Medical Department of the Army.

The second section of the same being under consideration; which is as follows, to wit:

SEC. 2. Be it further enacted, That there shall be appointed in the Provisional Army of the Confederate States two assistant surgeons-general, with the rank, pay, and allowances of colonels of cavalry; one medical inspector-general, with the rank, pay, and allowances of a colonel of cavalry, and such number of medical inspectors, not exceeding twelve, with the rank, pay, and allowances of lieutenant-colonels of cavalry,

Mr. Clapp moved to amend the same by inserting after the word "twelve" the words "as the President may deem necessary;" which was agreed to.

The bill was then engrossed, read a third time, and passed.

Mr. Royston, from the Committee on Post-Offices and Post-Roads, to whom was referred

A bill to authorize the Postmaster-General to employ special agents to secure the speedy and certain transportation of the mails across the Mississippi River in the Confederate States,

reported the same back, with the recommendation that it pass. The rules were suspended;

The bill was taken up, engrossed, read a third time, and passed. Mr. Welsh, from the same committee, reported

A bill to establish certain post routes therein named;

which was read the first and second times.

The rules were suspended;

The bill was taken up, engrossed, read a third time, and passed. A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have concurred in the resolution of this House for extending the present session of Congress to Monday, the 6th day of October next, at 12 o'clock m.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker

A bill (No. 19) to be entitled "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

Also, a bill (ÑNo. 20) to be entitled "An act to amend the act to authorize payment to be made for certain horses purchased for the Army by Colonel A. W. McDonald, approved August twenty-first, eighteen hundred and sixty-one."

And the Speaker signed the same.

Mr. Clopton, from the Committee on Claims, to whom was referred. A bill for the relief of John Hunter, collector of customs and agent of the marine hospital at the port of Natchez, Miss.,

reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Clopton, from the same committee, reported

A bill for the relief of John Hunter, collector of customs and agent of the marine hospital at the port of Natchez, Miss.; which was read the first and second times.

The rules were suspended;

The bill was taken up, engrossed, read a third time, and passed. Mr. Clopton, from the same committee, to whom was referred

A bill making appropriation for the payment of certain interest due to the branch of the Bank of Tennessee at Memphis,

reported the same back, asked to be discharged from the further consideration of the same, and that the bill lie on the table; which was agreed to.

Mr. Clopton, from the same committee, to whom was referred a memorial of sundry clerks in the Departments, asking an increase of pay, reported the same back, asked to be discharged from its further consideration, and that it be referred to the Committee on Ways and Means; which was agreed to.

Mr. Clapp, from the same committee, to whom was referred

A bill to provide for the removal or destruction of property in certain cases, and to perpetuate the testimony as to the value of property destroyed or injured during the pending war,

reported the same back, with the recommendation that it pass, with an amendment.

The bill was ordered to be printed and made the special order for Wednesday next.

Mr. Chilton, from the Committee on Quartermaster's and Commissary Departments and Military Transportation, reported

A bill to enable the President of the Confederate States to provide the means of military transportation by the construction of a railroad between Blue Mountain, in the State of Alabama, and Rome, in the State of Georgia;

which was read the first and second times and, on motion of Mr. Chilton, its further consideration postponed until the morning hour of to-morrow.

Mr. Chambliss, from the Committee on Naval Affairs, to whom were referred joint resolutions tendering the thanks of Congress to Captain and Flag Officer W. F. Lynch, of the Confederate States Navy, and the officers and men under him, for gallant services at Aquia Creek, for the capture of the Fanny and for the engagement at Roanoke Island, reported the same back, with the recommendation that they

The resolutions were taken up, engrossed, read a third time, and passed.

A message was received from the Senate; which is as follows:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

S. 108. An act for the relief of disbursing officers and other agents of the Government, in certain cases;

In which I am directed to ask the concurrence of this House.

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 for service in the Army of the Confederate States,' approved April twenty-first, eighteen hundred and sixty-two."

Mr. Dupré called the question, which was upon the motion of Mr. Lyon to recommit the bill and amendments to a special committee. The question was ordered, and the motion was lost.

Mr. Chambers moved that the bill and amendments be laid upon the table for the purpose of taking up the bill of the House on the same subject.

The motion was lost.

Mr. Heiskell moved a suspension of the rules for the same purpose. The motion was lost.

Mr. Lyons demanded the previous question.

The demand was not sustained.

Mr. Russell moved to amend by inserting after the word "law," in the first section, the words

all volunteer troops heretofore raised by any State since the passage of the act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any persons who are liable to be called into service by virtue of said act of April sixteenth, eighteen hundred and sixty-two;

which was agreed to.

Mr. Conrad moved a reconsideration of the vote agreeing to the amendment.

Upon which Mr. Collier demanded the question; which was ordered, and the motion was lost.

Mr. Harris moved to amend by inserting after the words "eighteen hundred and sixty-two" the words

Provided, That no person who shall have been a commissioned officer and commanded troops actually in the field, and shall have been honorably separated from the service during the present war, shall be held to military service in any lower grade or capacity than was held by such officer last before his separation from the military service.