Journal of the House
of Representatives of the State
of Mississippi,
December Session of 1862, and November Session of 1863:
Electronic Edition.
Mississippi. Legislature. House of Representatives
Funding from the Institute of Museum and Library
Services
supported the electronic publication of this title.
Text transcribed by
Apex Data Services, Inc.
Text encoded by
Lee Ann Morawski and Natalia Smith
First edition, 2000
ca. 1.5MB
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2000.
© This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.
Source Description:
(title page) Journal of the House of Representatives of the State of Mississippi, December Session of 1862, and November Session of 1863
565 p.
JACKSON.
COOPER. & KIMBALL STEAM PRINTERS AND BINDERS.
1864.
Call number 1670 Conf. (Rare Book Collection, University of North Carolina at Chapel Hill)
The electronic edition is a part of the UNC-CH
digitization project, Documenting the American South.
The text has been encoded using the
recommendations for Level 4 of the TEI in Libraries Guidelines.
Original grammar, punctuation, and spelling have been preserved. Encountered
typographical errors have been preserved, and appear in red type.
Any hyphens occurring in line breaks have been
removed, and the trailing part of a word has been joined to
the preceding line.
All quotation marks, em dashes and ampersand have been transcribed as
entity references.
All double right and left quotation marks are encoded as " and "
respectively.
All single right and left quotation marks are encoded as ' and ' respectively.
All em dashes are encoded as --
Indentation in lines has not been preserved.
Spell-check and verification made against printed text using Author/Editor (SoftQuad) and Microsoft Word spell check programs.
Library of Congress Subject Headings, 21st edition, 1998
Languages Used:
- English
LC Subject Headings:
- Legislation -- Mississippi.
- Legislative journals -- Mississippi.
- Mississippi -- Politics and government -- 1861-1865.
- Mississippi -- History -- Civil War, 1861-1865 -- Law and legislation.
Revision History:
- 2001-01-25,
Celine Noel and Wanda Gunther
revised TEIHeader and created catalog record for the electronic edition.
-
2000-10-13,
Natalia Smith, project manager,
finished TEI-conformant encoding and final proofing.
-
2000-10-11,
Lee Ann Morawski
finished TEI/SGML encoding
- 2000-09-20,
Apex Data Services, Inc.
finished scanning (OCR) and proofing.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF MISSISSIPPI,
DECEMBER SESSION OF 1862,
AND
NOVEMBER SESSION OF 1863.
JACKSON.
COOPER. & KIMBALL, STEAM PRINTERS AND BINDERS.
1864.
Page 3
HOUSE JOURNAL.
WEDNESDAY, December 17, 1862.
At a special session of the Legislature of the State of Mississippi, began and held in pursuance of the Constitution and the Governor's Proclamation, at the State House, in the city of Jackson, in the county of Hinds, State of Mississippi, on Wednesday, the 17th day of December, A. D. 1862, and the sovereignty of the State of Mississippi the forty-sixth,
Be it remembered, That on this day, at the place above mentioned, being the time and place designated for the assemblage of the Legislature of the State of Mississippi, the members of the House of Representatives convened in the Representative Hall at twelve o'clock, M.
The Speaker took the chair and called the House to order.
On motion of Mr. Thomas,
The roll was called and the following members answered to their names:
MR. SPEAKER, Messrs. Allen, Barton, Bardin, Boddie, Chandler, Clark, Deason, Denney, Dyer, Enochs, Fatheree, Fox, Graham, Harper, Harris, Hicks, Hooker of Holmes, Hooker of Lawrence, Johnson of Warren, Kirk, Lyle, McDonald, McLaurin, Miller of Oktibbeha, Nelson, Seal of Harrison, Semmes, Shelly, Thomas, Smith of Lowndes, Walker, Williams of Wilkinson, and Wood.
No quorum being present,
On motion of Mr. Johnson, of Warren,
The House adjourned to three o'clock, P. M.
THREE O'CLOCK, P. M.
The House met pursuant to adjournment.
On motion of Mr. Bardin, the roll was called.
No quorum being present,
On motion of Mr. Seal, of Harrison,
The House adjourned to 10 o'clock to-morrow morning.
Page 4
THURSDAY, December 18, 1862.
The House met pursuant to adjournment.
Upon call of the roll, a quorum being present,
The House proceeded to business.
The Journal of yesterday was read and approved.
Hon. William T. Powe, member elect from the county of Jasper, to fill the vacancy occasioned by the death of Hon. A. F. Dantzler, and Hon. C. F. Hamer, member elect from the county of Yazoo to fill the vacancy occasioned by the death of Hon. Q. D. Gibbs, appeared, were qualified and took their seats.
On motion of Mr. Johnson, of Warren,
The House proceeded to the election of a Doorkeeper in place of A. T. Foster.
On motion of Mr. Thomas,
William J. Brown, Jr., was elected Doorkeeper by acclamation,
Who, thereupon, took the oath of office and entered upon the discharge of his duties.
On motion of Mr. Johnson, of Warren,
Resolved, That the Clerk be instructed to inform the Senate that the House of Representatives, having a quorum, are now ready to proceed to business, having elected William J. Brown, Jr., their Doorkeeper,
And have adopted the following joint resolution, in which the concurrence of the Senate is desired:
Resolved, That a committee of----on the part of the Senate, and three on the part of the House, be appointed to wait on his Excellency, the Governor, and inform him that the two Houses are now organized and ready to receive any communication he may have to make; and have appointed as said committee on the part of the House, Messrs. Johnson of Warren, Kirk and Shields.
On motion of Mr. Bardin,
The House adjourned to 3 o'clock, P. M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
Mr. Hooker of Holmes, asked and obtained leave of absence for his colleague, Mr. Dyer, on account of sickness.
On motion of Mr. Terrell, of Covington,
The House adjourned until to-morrow morning at 10 o'clock.
Page 5
FRIDAY, December 19, 1862.
House met pursuant to adjournment.
Journal of yesterday read and approved.
On motion of Mr. Johnson, of Warren,
Resolved, That a committee of three be appointed to wait upon the President of the Confederate States and General Joseph E. Johnston, and tender to them and their staffs seats in this House, and also request the President, if consistent with his present duties, to address the members of this House this evening at 7 o'clock, or at such other time as may suit his convenience.
The Speaker appointed Messrs. Johnson of Warren, Jones, and Hooker of Hinds, said committee.
On motion of Mr. Chandler,
The House adjourned until 3 o'clock, P M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
Mr. Harper asked leave to introduce a bill.
Mr. Hicks raised a point of order, that no bill could be acted upon by this House until the Senate had found a quorum and organized for business.
The Speaker decided that it was now competent for this House to proceed to business.
Mr. Harper, by leave, introduced a bill to be entitled
An act to reorganize and establish the military system of the State of Mississippi,
Which was read the first time.
On motion of Mr. Hooker, of Hinds,
The rule was suspended, the bill read a second time and laid upon the table.
Mr. Johnson, of Warren, made the following report:
MR. SPEAKER--
The committee appointed to wait upon President Davis and General Johnston, and tender to them and their staffs seats in this Hall, and also to request the President to address the members of the Legislature, have performed the duty assigned them, and now beg leave to report that both the President and General Johnston expressed themselves as gratified at the courtesy extended to them, of which they will avail themselves upon their return from Vicksburg, and also that the President will then name the time when he will be able to address the Legislature.
Page 6
Mr. Harper, by leave, introduced a bill to be entitled
An act to authorise the impressment of slaves and other personal property for military purposes,
Which was read the first time.
Mr. Harper moved that the rule be suspended, that the bill be read a second time and referred to a select committee of five, and one hundred copies ordered to be printed.
Motion lost.
Mr. Hooker, of Hinds, moved that the bill be laid upon the table, and one hundred copies ordered to be printed,
Which motion prevailed.
On motion of Mr. Hooker, of Hinds,
The House adjourned until 10 o'clock to-morrow morning.
SATURDAY, December 20, 1862.
House met pursuant to adjournment.
The following message was received from the Senate, through Mr. Porter, their Secretary:
MR. SPEAKER--
I am instructed by the Senate to inform the House of Representatives that the Senate is duly organized and ready to proceed to business.
Journal of yesterday was read and approved.
Mr. Hooker, of Holmes, presented the following resignation:
JACKSON, December 20, 1862.
To the Hon. Senate and House of Representatives
of the State of Mississippi:
I hereby resign the office of Sergeant-at-Arms of this Legislature.
SAMUEL POOL.
Which resignation was received.
On motion of Mr. Johnson, of Warren,
Resolved, The Senate concurring, That the two Houses proceed to the election of Sergeant-at-Arms at half-past 10 o'clock, A. M., this day.
Mr. Chandler, by leave, introduced a bill to be entitled
An act better to provide for the families of our soldiers,
Which was read the first time.
On motion of Mr. Chandler,
The rule was suspended, the bill read the second time and referred to the committee on Propositions and Grievances.
Page 7
On motion of Mr. Shields,
Resolved, That the Secretary of State be requested to furnish for the House, copies of the Revised Code, the Journals of the Convention, and the acts of the Legislature since 1857.
Mr. Chandler, by leave, introduced a bill to be entitled
An act to authorize Tax Collectors to receive in payment of the military tax all funds receivable for other State taxes,
Which was read the first time.
On motion of Mr. Chandler,
The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.
The following message was received from the Senate, through Mr. Porter, their Secretary:
MR. SPEAKER--
The Senate has concurred in the joint resolution of the House in relation to the appointment of a joint committee to inform the Governor of the organization of the two Houses, and of their being ready to receive any communication he may have to make to them; and have appointed as a committee on the part of the Senate Messrs. Gordon and Davis.
The Senate has also concurred in joint resolution of the House in relation to the election of Sergeant-at-Arms.
On motion of Mr. Thomas,
Resolved, That the House take a recess of five minutes for the purpose of preparing the Hall for the reception of the Senate, to the end that the two Houses proceed to the election of a Sergeant-at-Arms.
The recess having expired, the House resumed its session.
On motion of Mr. Chandler,
The Clerk was requested to inform the Senate that the Hall of the House was now in readiness for their reception, to the end that the two Houses proceed to the election of a Sergeant-at-Arms.
The Senate having been informed, entered the Hall and took the seats assigned them.
The President having explained the object of the joint convention,
Mr. Hicks nominated J. J. Denson, and, on his further motion,
He was declared elected Sergeant-at-Arms by acclamation,
And, having taken the oath of office, entered upon the discharge of his duties.
The object of the joint convention having been accomplished, the Senate retired.
Mr. Graham, by leave, introduced a bill
To provide for the collection of the military tax in the same manner as other State taxes,
Which was read first time.
Page 8
On motion of Mr. Graham,
The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.
Mr. Johnson, of Warren, made the following report:
The committee on the part of the House appointed to wait on the Governor, report that they have discharged that duty, and that the Governor replies that he will make his communication to this body in writing.
Mr. Johnson, of Warren, introduced a bill
To authorize the suspension of the writ of Habeas Corpus,
Which was read the first time.
On motion of Mr. Strong,
The rule was suspended, the bill read the second time and referred to the committee on the Judiciary.
The following message was received from the Governor, through his private Secretary, Mr. Rives:
MR. SPEAKER--
I am instructed by his Excellency, the Governor, to deliver to you, his message in writing, with accompanying documents.
Page 9
GOVERNOR'S MESSAGE.
EXECUTIVE OFFICE, JACKSON, MISS.,
December 20th, 1862.
Gentlemen of the Senate
and House of Representatives:
For the consideration of matters of vital interest to the safety of the State, you have been called into extra session. The magnitude of the preparations, and the vast armies sent by our enemies for our subjugation, require corresponding efforts on our part to render our defense successful. To effect this end, I recommend that the entire white male population of the State from sixteen to sixty years of age, be enrolled in the militia, and that such as are deemed able to go into active service be called at once to the defense of the State. This class who are able for active service in the field will probably constitute one-half of the entire population subject to military duty. The other half could be organized as a reserve, to be armed and drilled for local defense against raids of small foraging parties of the enemy. One-fourth of this reserved class could act as armed patrols in their respective counties, and thus give a feeling of security to the people in every county in the State. As it is a matter of necessity to the safety of the State and the successful prosecution of the war, to fill up our regiments now in the field, and to return to the army the hundreds who are absent without leave, or on expired furloughs, or have recovered from disability and are now able to return to duty, I suggest the importance of requiring the sheriffs, magistrates and constables to aid the military authorities of the State and of the Confederate States to enroll, and, if necessary, to arrest conscripts, and send them to the proper camps, and to arrest and send to their commands all who owe service to the country and either neglect or refuse to perform it.
The prompt and faithful performance of this duty should be enforced by heavy penalties, extending to even the dismissal from office, for wilfully failing or refusing to give the required aid in arresting and sending back to duty those who seek to avoid it. I recommend that the Legislature pass an act disfranchising every citizen who shall be convicted of evading or refusing to perform the military duties required of
Page 10
him by law--either by leaving the State or hiding out from home or otherwise. Such are not fit to associate on terms of equality with the loyal and brave who return with honorable scars from the battle for independence.
Slave labor has been employed by State and Confederate authorities on works deemed necessary for the public safety. The liberal and patriotic have cheerfully responded to the calls for slaves for this purpose, while some have refused to contribute anything, or even to send their slaves on assurance of full and ample compensation. I ask that authority be given the Executive--under such restrictions as may be deemed wise--to call out for the State or Confederate authorities such number of slaves as may be necessary for such works in the future; and that the burthen may be equally borne by all, I suggest that the slaves be enrolled.
While asking for more stringent legislation to compel the citizen to do his duty to the State and country, I will respectfully remind the Legislature that one class of our citizens has claims upon the State as imperative and as sacred as any claim the State can have upon the soldier in this perilous hour. I allude to the families and dependents of our soldiery now or soon to be in the field. Deprived of the means of support by calling the husband and father to the army, they may justly claim protection and a supply of the necessaries of life from the State, which now requires the services of their natural protectors. The provision heretofore made by the Legislature is found to be wholly inadequate. Owing to the drought of the past season, which extended over a large portion of the State, and the necessity of calling more men into the field, the number of destitute families will be greatly increased, and thereby add largely to the wants of our people, who are even now in some districts suffering for bread. Such a condition of affairs ought not to be allowed to exist while there is means within the State to prevent it. I therefore recommend that the most liberal provisions be made by the Legislature in behalf of the families of our soldiers now in the field, and the widows and orphans of such as have fallen in defense of their country; and I further recommend, in this connection, that discretionary power be given to the Boards of Police in each county to extend any legislative provision that may be made by county taxes--if such legislative provision should again be found inadequate to supply the necessaries of life to the sufferers of their respective counties.
The most pressing want of our people at the present time is a supply of salt. During the last summer I sent agents to Virginia, Alabama and Louisiana, in order to secure, if possible, a supply of salt for the people of the State, either by purchase or by mining. Their missions have, however, from
Page 11
various causes, proven entirely unsuccessful, except the agent to Louisiana, who succeeded in purchasing a small quantity of salt in New Iberia, in Louisiana. About 40,000 pounds of salt are now at Vicksburg, which I propose to distribute to the destitute families of soldiers. Some other contracts have been recently made for a large supply of salt, and if I should be successful in these, I hope to be able to supply the State. These contracts I will be pleased to submit to any committee that the Legislature may appoint for that purpose. If these efforts should prove a failure, I know of no other source of supply but by mining on State account at New Iberia, Louisiana, where the deposit so far as is known, is unlimited. In that event I ask that authority be given to use the slave labor of the State, and the wagons and teams necessary for the mining and hauling the salt to Atchafalaya, the nearest point to steamboat navigation. While my efforts have procured but a very small amount of salt on State accounts, I have given all the information and assistance in my power to private enterprise, and it affords me much satisfaction to say that in consequence of such information and assistance many individuals have succeeded in supplying themselves and neighbors with salt. I have been unable to obtain transportation sufficient to convey the salt obtained to the interior of the State. I therefore request that the Legislature will take some action in the premises so as to secure speedy transportation for the salt that may be obtained in the future, and as the item of bread is of vital importance to a large portion of the State, it would be well for the Legislature to include transportation for corn and wheat in any provision made for the transportation of salt.
The exorbitant prices asked for every article of food by those who are engaged in buying and selling for profit, and many who produce them, is putting the means of living beyond the reach of many of our poor citizens--if permitted to go unchecked will transfer the property of the country to the hands of the worst and least patriotic of our population. I ask that a law be passed prohibiting the buying and selling of grain for profit, and its distillation into spirits, and that some reasonable price be fixed beyond which the extortioner cannot go without incurring a heavy penalty.
The military bill passed at the last session of the Legislature made no provision for the appointment of the staff of the Major General of the State Militia. I recommend that authority be given to the Major General to appoint his staff, as the duties of his office cannot be performed without such aid.
Treasury notes to the full amount authorized by the Legislature at its last session, have been advanced on cotton. This act for the relief of the people and for supplying a sound circulating
Page 12
medium for the State has accomplished all that its most sanguine friends expected, and of the $2,500,000 appropriated by the Legislature for military purposes, but $381,534 have been expended, leaving in the Treasury a balance of $2,218,466. No further appropriation in this behalf is required.
For the information of the Legislature as to the condition of the State troops, I respectfully refer you to the report of Major General T. C. Tupper, herewith transmitted. The minute men now in the field have done good service, and they cannot be too highly commended. Their presence and efficiency have done much to restrain the inroads of the invading foe. The State Armory at Bra don is doing all that could be expected, with the limited means in our possession, in the construction and repairing of arms. For full information upon this subject, I refer you to the report of the Chief of Ordnance herewith transmitted.
You will see by the report of the Adjutant General of the State that we now have forty-six regiments of infantry in the Confederate service, besides the cavalry and artillery, and the unattached battalions and companies of the several arms, which were organized by and reported directly to the Confederate authorities at Richmond, leaving no record of their existence or strength in the office of the Adjutant General in this State.
Since your last session, Mississippi has become the theater of war. After the fall of New Orleans and Memphis three sides of the State were exposed to the Northern plunderer. Until recently our people have suffered, compared with the four States adjoining, but little loss of property, for the enemy have been required to pay in blood for the plunder they gathered on our soil. Their efforts were mainly directed to clearing the Mississippi river of the only remaining obstruction to its free navigation. Some fortifications hastily constructed at Vicksburg were at the beginning of the contest scarcely deemed worthy of their notice, but after months past spent in bombarding, and at times the most furious that has ever occurred upon this continent, the united efforts of both the upper and lower fleets could not secure the safe passage of one boat. Battered and bootless, they retired in acknowledged defeat. The spell which attended the name of gunboats was broken at Vicksburg. While this brilliant success to our arms--occurring on her soil--adds renown to the State, Mississippi can only claim a share of the glory of the achievement--Louisiana, Alabama, Kentucky, Tennessee and Missouri had gallant representatives there to share the danger of the conflict and the honors of the triumph. Nor should I forget the brilliant part played in this defense by the Confederate
Page 13
steamer Arkansas and her heroic officers and crew. Though baffled last summer, the enemy have worked with all the energy which wounded pride and bitter hate could give them, and are now returning to the seige with larger fleets and much larger land forces. We have not been idle spectators of their preparations, and the history of Southern triumph at the Hill City, I hope, is not yet finished. Thanks to the energy of our mechanics and the skill of our engineers, the foremost of their gunboat fleet lies a shattered wreck at the bottom of the Yazoo river. The torpedo has at last done its work. I hail this success as a happy omen of our triumph over our enemies in the approaching struggle--that triumph must be sought by patient endurance and hard fighting. From all the accounts of the devastations committed, wherever their troops have marched over our soil, it is manifest that we have nothing to lose by fighting. Mississippi is now called on to put forth all her strength to repel the invasion of her enemies who have discarded both the principles and practice of civilized warfare. The struggle is now for her existence as a State. Her sons have won for her an enviable renown by gallantry unsurpassed on many fields, and attracted to her the bitterest hatred of the common enemy of the Confederacy. I appeal to the Legislature for such legislation as in their wisdom, they may deem necessary to enable the State to maintain the proud position among her sister States won for her by the blood of her heroic sons. Let us convince the world by our actions that all the patriotism and courage did not go out of the State with the Regiments that have heretofore gone to meet the enemy on more distant fields. If Mississippi is true to her former history, I have an abiding confidence that after a few months more of suffering and trials, the God who loves justice and rewards devotion, will bless our land with independence and peace.
JOHN J. PETTUS.
On motion of Mr. Thomas,
The message was laid upon the table and 500 copies ordered to be printed.
On motion of Mr. Shields,
Resolved, That five hundred copies of the Documents accompanying the Governor's message be printed for the use of this House.
On motion of Mr. Terrell,
The vote adopting the resolution was reconsidered,
And on his further motion,
The House resolved itself into secret session for the consideration of the accompanying documents to the Governor's message.
Page 14
After a short time spent therein the doors were opened, and
On motion of Mr. Jones,
The following resolution was adopted:
Resolved, That the reports of the Major General and Chief of Ordnance, and other documents accompanying the Governor's message, be referred to the committee on Military Affairs.
Mr. Hooker, of Holmes, offered the following resolution:
Resolved, That this House will not act upon any business at its present session, except that to which the attention of the House is called by the message of the Governor and accompanying documents, and the business now before the House, and such other matters as the exigency of the times may demand.
Mr. Graham moved to lay the resolution upon the table,
Upon which motion the yeas and nays were demanded by Messrs. Shields, Gulley, and Hooker, of Holmes,
And the motion to lay upon the table was lost by the following vote:
YEAS--Messrs. Bardin, Brooks, Buntin, Deason, Edwards of Kemper, Enochs, Graham, Hicks, Hooker of Hinds, Humphreys, Jackson of Amite, Martin, Magee of Pike, McElroy, Miller of Oktibbeha, Powe, Seal of Harrison, Seal of Hancock, Shelley, Terrell and Wells--21.
NAYS--Mr. Speaker, Messrs. Barnes, Boddie, Chandler, Clark, Durr, Fatheree, Fox, Gulley, Hamer, Harper, Harris, Hooker of Holmes, Hooker of Lawrence, Irby, Johnson of Warren, Jones, Kirk, Lewis, Lyle, McDonald, McLaurin, Moore, Nelson, Semmes, Shields, Strong, Thomas, Walker, Williams of Wilkinson, and Wood--31.
Mr. Johnson, of Warren, moved the previous question.
The question was then taken on the adoption of the resolution and decided in the affirmative.
Mr. Hooker, of Hinds, offered the following resolution, which was adopted:
Resolved, That the Auditor of Public Accounts be requested to furnish to this House a statement of the amount collected under an act to support the indigent families of soldiers in the army, and how the same has been distributed among the various counties of the State.
On motion of Mr. Jones,
The bill entitled an act to reorganize and establish the military system of the State of Mississippi, was called from the table.
And upon his further motion,
The bill was referred to the committee on Military Affairs, and one hundred copies ordered to be printed.
Page 15
On motion of Mr. Terrell,
The House adjourned to three o'clock, P. M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
Mr. Wood, by leave, introduced a bill to be entitled
An act to prevcnt the distillation of corn or other grain, molasses or sugar,
Which was read the first time,
And on motion of Mr. Wood,
The rule was suspended and the bill read the second time, and referred to the committee on Propositions and Grievances.
On motion of Mr. Miller, of Oktibbeha,
Resolved, That his Excellency, the Governor, through the Chief of Ordnance, be requested to furnish the House a more full and specific statement of the number, condition and description of arms received from the several counties--what number and what kind from each county--what number from each county approved as good or fit to be repaired--and what number rejected as useless or unfit to be repaired.
Mr. Miller, of Oktibbeha, asked leave of absence for Mr. Boyd, of Tippah,
Which was granted.
Mr. Wood asked leave of absence for Mr. Denney, in consequence of illness,
Which was granted.
Mr. Shields asked leave of absence for Mr. Fowles,
Which was not granted.
On motion of Mr. Jones,
Resolved, That the non attendance of all members of this House, who are at distant points in the army of the Confederate States, be and the same are hereby excused.
Mr. Strong gave notice that he would, at an early day, introduce a bill providing for increased defenses on the Yazoo river.
The Speaker announced that he had appointed John Terret and Charles M. Evans as Pages to this House.
On motion of Mr. Harris,
Mr. Chandler was added to the committee on Military Affairs.
The Speaker announced that he had filled vacancies in several of the Standing Committees, as follows, to-wit:
In the committee on Ways and Means: Messrs. Thomas, Strong, Chandler and Graham.
In the committee on the Judiciary: Mr. Hooker, of Holmes.
In the committee on Claims: Messrs. Powe, Walker and Bardin.
Page 16
In the committee on Propositions and Grivances: Messrs. Kirk, McLaurin, Nelson and Buntin.
In the committee on Military Affairs: Messrs. Harper, Hamer, Hooker, of Hinds, and Tindall.
Mr. Thomas offered the following resolutions, which were unanimously adopted:
Resolved, That this House has heard with deep sorrow of the death of QUESNEY D. GIBBS, late a member from the county of Yazoo.
Resolved, That the earnest and patriotic devotion to his country's honor and independence, which he has sealed with his life, entitles his memory to a grateful appreciation by the State.
Resolved, That the proceedings of this House in relation to the death of Capt. Q. D. Gibbs, be communicated to the family of the deceased by the Clark.
Resolved, That as a further mark of respect to the memory of the deceased, this House do now adjourn until Monday morning, 10 o'clock.
The House adjourned until Monday morning at 10 o'clock.
MONDAY, December 22, 1862.
House met pursuant to adjournment.
Journal of Saturday read and approved.
The Speaker presented the following communication from the Auditor of Public Accounts:
AUDITOR'S OFFICE, JACKSON,
December 22, 1862.
Hon. J. P. Scales,
Speaker of the House of Representatives:
SIR--In compliance with a resolution adopted by the House of Representatives on the 20th inst., I have the honor herewith to transmit a statement showing the amount of tax collected for the support of indigent families of volunteer soldiers in the army, and the pro rata share of each county of said tax.
Most respectfully, your ob't servant,
A. J. GILLESPIE,
Aud. Pub. Accounts.
Page 17
| COUNTIES. | Net amount of Tax collected. | Pro rata share of each county. |
| Adams | $ 7,288 99 | $ 1,753 79 |
| Amite | 3,086 81 | 2,790 77 |
| Attala | 2,814 23 | 5,409 51 |
| Bolivar | 6,219 12 | 1,161 23 |
| Calhoun | 1,301 48 | 5,051 11 |
| Carroll. | 6,813 06 | 7,813 21 |
| Chickasaw | 3,999 25 | 3,956 78 |
| Choctaw* | 2,684 73 | 8,993 55 |
| Claiborne** | 1,428 84 | |
| Clark*** | 2,240 81 | 5,614 99 |
| Coahoma | 3,839 69 | 234 16 |
| Copiah | 4,580 62 | 5,452 52 |
| Covington | 645 49 | 1,944 94 |
| DeSoto | 6,979 86 | 4,578 01 |
| Franklin | 1,837 93 | 1,605 65 |
| Greene | 235 70 | 669 02 |
| Hancock | 711 12 | 1,199 46 |
| Harrison | 1,015 48 | 559 11 |
| Hinds | 10,585 32 | 5,031 99 |
| Holmes | 6,121 12 | 5,333 05 |
| Issaquena | 3,600 00 | 315 40 |
| Itawamba | 2,542 32 | 5,089 34 |
| Jackson | 550 00 | 1,500 52 |
| Jasper | 2,075 90 | 2,523 16 |
| Jefferson | 4,178 00 | 1,529 19 |
| Jones | 276 06 | 2,150 42 |
| Kemper | 2,433 57 | 4,157 49 |
| Lafavette | 3,426 38 | 3,995 01 |
| Lauderdale | 2,195 07 | 4,262 62 |
| Lawrence | 1,789 37 | 2,446 71 |
| Leake | 1,684 20 | 4,281 73 |
| Lowndes | 7,380 02 | 3,794 30 |
| Madison | 7,320 55 | 4,171 82 |
| Marion | 843 78 | 1,017 87 |
| Marshall | Not settled | 6,804 90 |
| Monroe | 6,543 98 | 7,617 28 |
| Neshoba. | 1,291 75 | 2,226 88 |
| Newton | 1,884 59 | 2,016 62 |
| Noxubee | 6,641 89 | 5,648 45 |
| Oktibbeha | 3,856 33 | 2,169 54 |
* Settled in full since distribution.
** Settled in full since distribution.
*** Settled in full since distribution.
Page 18
| Panola | $ 6,161 50 | 3,053 60 |
| Perry | 278 40 | 597 34 |
| Pike | 2,504 86 | 1,916 27 |
| Pontotoc | 4,182 14 | 7,211 09 |
| Rankin | 3,350 85 | 4,984 20 |
| Scott | 1,876 67 | 2,174 32 |
| Simpson | 890 94 | 1,557 86 |
| Smith | 1,112 10 | 2,972 36 |
| Sunflower | 3,787 17 | 1,476 63 |
| Tallahatchie | 3,354 98 | 1,753 79 |
| Tippah | 3,288 34 | 6,694 99 |
| Tishomingo* | 8,725 94 | |
| Tunica | 2,627 83 | 621 24 |
| Warren | Not settled | 3,421 57 |
| Washington | 11,496 29 | 1,481 40 |
| Wayne | 623 01 | 893 62 |
| Winston | 1,940 85 | 2,590 07 |
| Wilkinson | 4,759 25 | 2,972 36 |
| Yalabusha | 4,433 12 | 3,431 12 |
| Yazoo | 8,803 24 | 2,155 20 |
| Total | 198,985 91 | 198,985 91 |
* Settled in part since distribution.
A. J. GILLESPIE,
Auditor of Public Accounts.
Jackson, Miss., Dec. 22, 1862.
On motion of Mr. Johnson, of Warren,
Resolved, That one hundred copies of the Auditor's Report, just read, be printed for the use of this House.
On motion of Mr. Shields,
The vote adopted on Saturday, by which five thousand copies of the Governor's message were ordered to be printed, was reconsidered,
And on his further motion,
Two hundred copies were ordered to be printed for the use of this House.
Mr. Bardin asked leave of absence for Mr. Edwards, of Choctaw,
Which was granted.
Page 19
On motion of Mr. Johnson, of Warren,
The call of the counties was suspended.
Mr. McLaurin presented the petition of Edward Robinson and others, of Smith county.
Which, on his motion,
Was referred to a special committee of three.
The Speaker appointed Messrs. McLaurin, Miller, of Oktibbeha, and Brooks, said committee.
Mr. Terrell presented a communication from Capt. Barnes and other citizens of Covington county, in relation to the militia law of the State,
Which, on his motion,
Was referred to the committee on Military Affairs.
Mr. Martin, from the committee on Propositions and Grievances, made the following report:
MR. SPEAKER--
The committee on Propositions and Grievances, to whom was referred the Bill entitled "an act better to provide for the families of our soldiers," have had the same under consideration, and have instructed me to report the same back, and recommend that it do pass with an amendment.
Which was received and agreed to.
On motion of Mr. Johnson, of Warren,
Resolved, That one hundred copies of the bill and amendment recommended by the committee, be printed for the use of this House.
On motion of Mr. Jones,
Resolved, (The Senate concurring,) That a joint select committee of five members on the part of the House, and----on the part of the Senate, be appointed, to whom shall be referred all that portion of the Governor's message relating to the militia and the proper means of repelling the present invasion, with instructions to take into consideration the subject of the whole military strength of the State, and to report a bill for its immediate defense.
The Speaker appointed Messrs. Jones, Harper, Strong, Dyer and Hamer said committee.
Mr. Dyer introduced the following:
Resolution in relation to the Proclamation of Abraham Lincoln, President of the United States, on the subject of Emancipation.
Which was referred to the committee on Military Affairs.
Mr. Barton, by leave, introduced a bill to be entitled
An act in relation to Executors, Administrators and Guardians.
Which was read once.
Page 20
On motion of Mr. Barton,
The Constitutional rule was suspended, the bill read the second time.
On motion of Mr. Hicks,
The bill was referred to the committee on the Judiciary.
On motion of Mr. Graham,
Resolved, That so much of the Governor's message as relates to the purchase and transportation of salt be referred to a select committee of five.
The Speaker appointed Messrs. Graham, Fall, Martin, Rogers and Withers.
Mr. Graham, by leave, introduced a bill entitled
An act to provide for the further issuance of Treasury Notes as advances on cotton.
Which was read the first time.
On motion of Mr. Graham,
The rule was suspended, the bill read the second time, and referred to the committee on Propositions and Grievances.
Mr. Graham introduced the following:
Resolved by the Legislature of the State of Mississippi, That we disapprove of the Exemption bill recently passed by the Confederate Congress, and particularly that portion of said bill which exempts from the military service all persons who happen to own a certain number of negro slaves. This we regard as an unjust discrimination in favor of the larger planter against his less opulent neighbor. Indeed, it is to force the poor men of the country to do all the fighting and bear all the toils and hardships of war, while the rich are left quietly at home to indulge in idleness and ease. In the name of justice and equality we protest against this most iniquitous and detestable class legislation, and instruct our Senators and Representatives in Congress to procure the repeal of this obnoxious law.
Which, on his motion,
Was referred to the committee on Propositions and Grievances.
Mr. Chandler, by leave, introduced a bill entitled
An act to enroll the militia of this State, and to aid the Confederate authorities in defending the State,
Which was read once.
On motion of Mr. Graham,
The rule was suspended, the bill read a second time, and referred to the committee on Military Affairs, and one hundred copies ordered to be printed.
Mr. Fall, by leave, introduced a bill entitled
An act to authorize the removal of the Judicial and other public Records of counties, and for other purposes,
Which was read once.
Page 21
On motion of Mr. Fall,
The rule was suspended, the bill read the second time, and referred to the Judiciary committee.
Mr. Brooks, by leave, introduced a bill to be entitled
An act to extend the provisions of the Stay law to probating of notes in the Probate Courts of this State.
Which was read the first time.
On motion of Mr. Brooks,
The rule was suspended, the bill read a second time and referred to the Judiciary committee.
Mr. Graham offered the following resolution,
Which, upon his motion,
Was referred to the committee on the Penitentiary:
That the Superintendent of the Penitentiary be and he is hereby required, under such rules and regulations and restrictions as may be prescribed by the Board of Inspectors, to hire or employ such free white labor, as together with the convict labor, shall be sufficient to keep the machinery of the Penitentiary for the manufacture of cotton and woolen goods in constant employment, both day and night, excepting Sundays.
The following message was received from the Senate, through Mr. Porter, their Secretary:
MR. SPEAKER--
The Senate has passed bills of the following titles:
An act for the relief of Thomas M. Rae, assignee of James B. Wigginton.
An act further to amend an act entitled an act to incorporate the town of Canton, and to repeal all former acts incorporating the same.
In which they ask the concurrence of the House of Representatives.
The Senate has concurred in the joint resolution of the House appointing a joint select committee to whom shall be referred all that portion of the Governor's message in relation to the militia and to the defense of the State, and have appointed as said committee on the part of the Senate, Messrs. Yerger, Poindexter and Chrisman.
Mr. Hicks called up the Senate message,
A bill to be entitled
An act for the relief of Thomas M. Rae, assignee of James B. Wigginton,
Was read the first time.
On motion of Mr. Hicks,
The rule was suspended, the bill read the second time.
On his further motion,
The rule was suspended, the bill was read the third time,
And passed with title as stated.
Page 22
Mr. Strong called up the Senate bill entitled
An act further to amend an act entitled an act to incorporate the town of Canton, and to repeal all former acts incorporating the same.
Which was read the first time,
And on motion of Mr. Strong,
The rule was suspended and the bill read the second time.
On his further motion,
The rule was suspended, the bill read a third time,
And passed with the title as stated.
On motion of Mr. Harper,
The bill entitled
An act to reorganize and establish the military system of the State of Mississippi,
Was called from the table.
And, on his further motion,
The bill was referred to the joint committee on Military Affairs.
On motion of Mr. Chandler,
The vote by which a bill entitled
An act to enroll the militia of this State and to aid the Confederate anthorities in defending the State,
Was referred to the committee on Military Affairs,
Was reconsidered.
And, on his further motion,
The bill was referred to the joint committee on Military Affairs of both Houses.
On motion of Mr. Terrell,
The vote by which the bill to provide for the relief of soldiers' families, was ordered to be printed,
Was reconsidered.
On motion of Mr. Martin,
The House resolved itself into committee of the Whole on the bill entitled
An act better to provide for the families of our soldiers,
Mr. Johnson, of Warren, in the chair.
After a short time spent therein,
The committee rose and reported the bill back to the House with a recommendation that it do pass as amended.
On motion, the report was received.
The question being taken on the amendments, the following were adopted, to-wit:
Be it further enacted, That the provisions of this act shall also apply to the destitute families of deceased soldiers, and other families wholly or partially dependent upon any soldier.
Mr. Terrell offered the following amendment:
And the families of discharged soldiers who have been wounded or otherwise disabled in the military service of the country.
Page 23
Mr. Hamer offered the following substitute for Mr. Terrell's amendment:
And the indigent families of discharged soldiers who are disabled by the casualties of war.
Which was adopted.
Mr. Wood offered the following amendments:
Be it further enacted, That if any Tax Collector shall fail to collect, or any Tax Collector or County Treasurer shall fail to pay over the tax levied by this act, within the time limited by law, it shall be the duty of the Auditor forthwith to put the bond of such defaulting officer in suit, and in addition to the penalty of thirty per cent. now imposed upon defaulting Collectors, said defaulting officer shall be fined in a sum of not less than five hundred nor more than five thousand dollars.
Be it further enacted, That before the Tax Collectors shall proceed to collect said tax, they shall be required to give bond in the penalty of the whole amount instead of one-half according to the provisions of the fifth section of the act to which this is an amendment.
Pending which,
The House adjourned until 3 o'clock, P M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
House took up the bill pending at adjournment.
Mr. Wood's amendments being under consideration, were adopted.
The rule was suspended, the bill read the third time,
And passed with title as stated.
On motion of Mr. Harper,
The bill entitled
An act to authorize the impressment of slaves and other personal property for military purposes,
Was called from the table.
And, on his further motion,
The bill was referred to the joint committee on Military Affairs.
Mr. Graham, by leave, introduced a bill to be entitled
An act to tax unauthorized issues of paper money.
Which was read once.
On motion of Mr. Graham,
The rule was suspended, the bill read a second time by its title, and referred to the committee on the Judiciary.
On motion of Mr. Withers,
Resolved, That the committee on Military Affairs be instructed to enquire into the propriety and expediency of
Page 24
requiring all civil officers of this State to give aid and efficiency to the conscript laws of the Confederate States, and report by bill or otherwise.
Mr. Jones, by leave, introduced a bill to be entitled
An act to revise and reduce into one the militia and volunteer laws of this State,
Which was read the first time.
On motion of Mr. Jones,
The rule was suspended, the bill read a second time, and referred to the joint committee on Military Affairs, and one hundred copies ordered to be printed.
On motion of Mr. Shields,
Resolved, That the joint committee on Military Affairs be instructed to enquire into the expediency of creating an office of Supervising Surgeon of the State, whose duty it shall be to look after the troops of the State of Mississippi when sick, and report their condition to the Governor, and that they report by bill or otherwise.
On motion of Mr. Shields,
The House adjourned until to-morrow morning at 9 o'clock.
TUESDAY, December 23, 1862.
House met pursuant to adjournment.
Journal of yesterday read and approved.
Mr. Fall asked leave of absence for Mr. Johnson, of Warren, in consequence of illness,
Which was granted.
Mr. Wood moved a suspension of the regular order of business to enable him to introduce the following resolution, which was adopted:
Resolved, That the committee to whom that portion of the Governor's message relating to the transportation of salt and provisions for the indigent families of soldiers was referred, be instructed to confer with General Johnston and ascertain how far facilities for transportation can be afforded without conflicting with the military necessities of the Confederate Government.
Mr. Dyer, from the committee on the Judiciary, made the following report:
MR. SPEAKER--
The committee on the Judiciary, to whom was referred a bill entitled an act in relation to Executors, Administrators
Page 25
and Guardians, have had the same under consideration, and have instructed me to report the same back to the House, with a recommendation that it do pass.
On motion of Mr. Dyer,
The report was received and agreed to.
And on his further motion,
The bill was read the third time under a suspension of the rule,
And passed with title as stated.
Mr. Dyer, from committee on the Judiciary made the following report:
MR. SPEAKER--
The committee on the Judiciary, to whom was referred a bill to be entitled an act to provide for the collection of the military tax in the same manner as other State taxes, have had the same under consideration, and a majority of the committee have instructed me to report the bill back to the House, with a recommendation that it do not pass.
On motion of Mr. Dyer,
The report was received.
Mr. Dyer moved that the report be agreed to.
Pending which,
The following message was received from the Governor, through his private Secretary, Mr. Rives:
EXECUTIVE OFFICE,
Jackson, Miss., Dec. 23, 1862.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit to the Legislature resolutions adopted by the Legislature of the State of Alabama, in relation to the transportation on Railroads. And as the people of Mississippi have experienced the same difficulties in relation to the transportation necessary to supply food to those sections of the State where the drouth has left them without enough to sustain the population until another crop can be made, I ask such action on the subject as may remedy the evil, and at the same time interfere as little as possible with the Confederate authorities in the use of these roads.
The Express companies seem to be taking a much larger amount of the transportation on the Railroads than formerly. If the Railroad authorities could be induced to limit the amount of freight thus taken over their roads, at enormous charges, there would be more room and capacity for freight for private citizens.
Page 26
I also transmit, herewith, joint resolutions of the Legislalature of Alabama on the subject of guaranteeing the war debt of the Confederate Government by the several States. I doubt not that the Legislature will do all in its power to satisfy our sister States, the Confederate Government, and the world, that Mississippi is willing to "sink or swim" with the Government to which she has voluntarily attached herself.
JOHN J. PETTUS.
On motion of Mr. Hooker, of Holmes,
The further consideration of the bill under consideration was postponed, and made the special order for 3 o'clock.
Mr. Shields moved to take up the Governor's message.
And, on his further motion,
The same, with accompanying documents, was referred to joint committee on Military Affairs.
Mr. Johnson, of Warren, made the following report:
MR. SPEAKER--
The special committee appointed to wait upon the President of the Confederate States, beg leave further to report that they have the pleasure of informing the House that President Davis will address the House, in compliance with its request, at 12 o'clock, M., on Saturday, 27th inst.
On motion of Mr. Fall,
The regular order of business was suspended to enable him to introduce a bill to be entitled
An act to increase the pay of the Guards of the Penitentiary.
Which was read the first time.
On motion of Mr. Fall,
The rule was suspended, the bill read the second time.
Mr. Chandler offered the following amendment.
Amend by adding this section:
SEC.--. Be it further enacted, That the fees of Jailors for feeding persons confined in the county jails, shall be eighty cents per day for each white person, and seventy cents per day for each slave, free negro or mulatto confined therein, in lieu of the fees now allowed.
On motion of Mr. Hooker, of Holmes,
The bill and amendment were referred to the committee on the Penitentiary.
On motion of Mr. Terrell,
The House went into secret session for the consideration of a report.
After some time spent therein, the doors were opened.
Mr. Hicks asked leave to introduce a bill.
Page 27
Leave being granted, a bill entitled
An act for the relief of Capt. Henry Jamison,
Was read the first time.
On his further motion,
The rule was suspended and the bill read second time.
And, on his further motion,
The rule was suspended, and the bill read third time and passed.
Ordered, that title stand as stated.
On motion of Mr. Chandler,
The House adjourned to 3 o'clock, P. M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
Mr. Chandler called up the special order, a bill entitled
An act to provide for the collection of the military tax as other State taxes.
Mr. Hooker, of Holmes,
Moved the previous question.
Which being sustained,
On motion of Mr. Chandler,
The House adjourned until to-morrow morning at 9 o'clock.
WEDNESDAY, December 24, 1862.
The House met pursuant to adjournment.
Journal of yesterday was read and approved.
Mr. Barton introduced a claim, by leave, with a view to its reference.
The claim was referred to the committee on Claims.
Mr. Dyer, from the Judiciary committee, made the following reports:
MR. SPEAKER--
The committee on the Judiciary, to whom was referred a bill to be entitled an act to authorize the removal of the Judicial and other public records of counties, and for other purposes, have had the same under consideration, and have amended it by inserting the following words, viz: "The Judge" before the words "any court," in the third line of the second section thereof, and by striking out the words "either" "or" in the eighth line of said section, and the word "without" in the ninth line in said section, and by adding a
Page 28
third section to said bill providing for compensating Clerks for removing the records, &c., of their respective courts, in the event of the removal of the same, and have instructed me to report the bill, with the amendments thereto, back to the House, and recommend that it do pass as thus amended.
On motion of Mr. Dyer,
The report was agreed to.
On his further motion,
The amendments were agreed to.
Mr. Brown offered an amendment, by way of additional section,
Which was adopted.
MR. SPEAKER--
The committee on the Judiciary, to whom was referred a bill entitled an act to authorize the suspension of the writ of Habeas Corpus, have had the same under consideration, and have instructed me to report the bill back to the House with a recommendation that it do not pass.
On motion of Mr. Dyer,
The report was received.
Mr. Johnson, of Warren,
Moved that the report be agreed to.
Which motion prevailed.
MR. SPEAKER--
The Judiciary committee, to whom was referred a bill to be entitled an act to tax unauthorized issues of paper money, have had the same under consideration, and have amended the first section by striking out the following words, viz: "Twenty-five per cent," and inserting in lieu thereof the following words, to-wit: "One hundred per cent," and the majority of the committee has instructed me to report the bill back to the House, with the amendment, with a recommendation that the bill, as amended, do pass.
On motion of Mr. Dyer,
The report was received.
On his further motion,
The amendment was adopted.
Mr. Shields offered the following amendment:
Amend by striking out the words "have issued or may hereafter."
Mr. Hooker, of Holmes,
Moved to amend the amendment by adding: "or permit to remain in circulation as exchange notes or money."
Page 29
When, on motion of Mr. Hooker, of Hinds,
The bill and amendments were recommitted to the Judiciary committee.
On motion of Mr. Chandler,
The regular order of business was suspended, and the unfinished business of yesterday was taken up,
Being a bill to be entitled
An act to provide for the collection of the military tax in the same manner as other State taxes.
The previous question was moved by Mr. Hooker, of Holmes.
Which being sustained,
The question was taken on agreeing to the report of the committee,
And decided in the affirmative by yeas and nays called for by Messrs. Hooker, of Holmes, Chandler and Turley:
YEAS--Messrs. Billups, Brown, Buntin, Buford, Denney, Dyer, Edwards of Kemper, Fall, Fatheree, Gaines, Gulley, Hamer, Harper, Hicks, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Humphreys, Johnson of Warren, Lyle, Moore, Powe, Seal of Harrison, Seal of Hancock, Shields, Tindall, Thomas, Turley, Withers, Williams of Wilkinson, and Wood--31.
NAYS--Mr. Speaker, Messrs. Allen, Barton, Bardin, Barnes, Boddie, Chandler, Clark, Deason, Durr, Edwards of C., Enochs, Fox, Graham, Harris, Irby, Jackson of Amite, Jones, Kirk, Magee of Pike, McDonald, McElroy, McLaurin, Miller of Oktibbeha, Rogers, Semmes, Shelley, Smith of Lowndes, Terrell and Wells--30.
Mr. Lyle made the following report:
MR. SPEAKER--
The committee on Propositions and Grievances, to whom was referred a bill entitled an act to prevent the distillation of corn or other grain, molasses or sugar, have considered the same, and have instructed me to report the same back and recommend that it do pass with certain amendments.
Which was received and agreed to.
Mr. Hicks moved to lay the bill and amendments on the table,
Which was lost.
On motion of Mr. Chandler,
The bill and amendments were referred to the Judiciary committee.
Page 30
The following message was received from the Senate, through its Secretary, Mr. Porter:
MR. SPEAKER--
The Senate has passed a bill to be entitled an act in relation to the Penitentiary.
Mr. Lyle, from the committee on Propositions and Grievances, made the following report:
MR. SPEAKER--
The committee on Propositions and Grievances, to whom was referred the bill entitled an act to provide for the further issuance of Treasury Notes as advances upon cotton, have considered the same, and have instructed me to report the same back and recommend that it do not pass.
On motion of Mr. Lyle,
The report was received.
Mr. Williams, of Wilkinson,
Moved that the report be agreed to.
The question on agreeing to the report was taken and decided in the affirmative by yeas and nays, called for by Messrs. Graham, Barton and Enochs:
YEAS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Billups, Boddie, Brooks, Buntin, Buford, Chandler, Deason, Denney, Dickens, Durr, Dyer, Edwards of C., Fall, Gaines, Hamer, Harper, Hicks, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Irby, Johnson of Warren, Jones, McDonald, Miller of Oktibbeha, Powe, Rogers, Seal of Harrison, Seal of Hancock, Semmes, Shields, Tindall, Thomas, Turley, Withers, Williams of Wilkinson, and Wood--41.
NAYS--Messrs. Barton, Clark, Edwards of Kemper, Fatheree, Fox, Graham, Gulley, Harris, Humphreys, Jackson of Amite, Kirk, Lyle, Magee of Pike, McElroy, Shelly, Smith of Lowndes, Terrell, Walker and Wells--19.
Mr. Seal, of Harrison, asked leave to introduce a bill.
The bill was read for information, and its introduction objected to because of conflict with rule of order adopted at a former day of this session.
The objection was sustained by the Chair.
An appeal was taken from the decision of the Chair.
The decision of the Chair was sustained by call of yeas and nays, called for by Messrs. Brooks, Barton, and Seal, of Harrison:
YEAS--Messrs. Barton, Brown, Brooks, Buford, Denney, Dickens, Edwards of Kemper, Fatheree, Gaines, Graham,
Page 31
Gulley, Hamer, Humphreys, Irby, Jackson of Amite, Miller of Oktibbeha, Seal of Harrison, Seal of Hancock, Shields, Terrell, Tindall, Withers and Wood--23.
NAYS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Boddie, Chandler, Clark, Deason, Durr, Dyer, Edwards of C., Enochs, Fall, Harper, Harris, Hooker of Holmes, Hooker of Hinds, Hooker of Lawrence, Johnson of Warren, Jones, Kirk, Lyle, Magee of Pike, McDonald, McElroy, McLaurin, Powe, Rogers, Semmes, Shelley, Smith of Lowndes, Thomas, Turley, Walker, Wells, and Williams of Wilkinson--36.
Mr. Shelley, by leave, introduced a bill entitled
An act to amend an act to create a fund for the support of destitute families of volunteers in this State, and for other purposes, approved December 16, 1861.
On his motion,
The constitutional rule was suspended, and bill read second time.
On motion of Mr. Hooker, of Hinds,
The bill was referred to the committee on Propositions and Grievances.
Mr. Terrell, by leave, introduced a bill entitled
An act in relation to the fees of Jailors.
On his motion,
The rule was suspended and bill read second time.
On his further motion,
The constitutional rule was suspended and bill read third time,
And passed with title as stated.
Mr. Dyer, by leave, introduced a bill to be entitled
An act to repeal an act in relation to slaves, approved November 29, 1861.
Read second time.
Mr. Jones offered an amendment by way of substitute.
And, on his further motion,
The bill and substitute was referred to joint committee on Military Affairs.
Mr. Jones, by leave, introduced a bill entitled
An act to provide for guaranty, by the State of Mississippi, of the Bonds of the Confederate States.
On his motion
The rule was suspended, and the bill read second time by its title.
And, on his further motion,
The bill was referred to the joint committee on Military Affairs.
Mr. Wood asked leave to introduce a bill.
The bill was read for information, and its introduction
Page 32
objected to because of conflict with rule of order adopted at former day of this session.
Mr. Chandler offered the following resolution, which was adopted:
Resolved, That a committee to be composed of five members of the House, be appointed to examine the salt contracts made by the Governor, and to make such report thereof as in their judgment may be demanded.
The Speaker appointed as said committee, Messrs. Chandler, Tindall, Fall, Lyle and Fox.
On motion of Mr. Harris,
The House adjourned to three o'clock, P. M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
Mr. Graham, by leave, introduced a bill entitled
An act in relation to the redemption of lands and other property sold for taxes.
On his motion,
The rule was suspended and bill read second time.
When, on motion of Mr. Brown,
The bill was referred the committee on Judiciary.
Mr. Lyle, by leave, introduced a bill entitled
An act act to further provide for the public defense.
On his motion,
The constitutional rule was suspended and the bill read a second time.
And on his further motion,
The rule was suspended, the bill read a third time,
And passed, with title as stated.
Mr. Seal, of Hancock, asked leave to introduce a bill.
The bill was read for information, and its introduction objected to because of conflict with rule of order adopted at former day of this session.
Mr. Gulley offered the following resolution, which was adopted:
Resolved, That the committee on Ways and Means be instructed to enquire into the expediency of the State assuming the payment of the tax commonly called the War tax, or whether any method can be devised by which the burden can be removed from the tax payer and the faith and credit of the State still preserved, and to report by bill or otherwise.
Mr. Magee, of Pike, by leave, introduced a bill to be entitled
An act to apply the Swamp Land funds of Pike county to the support of indigent families of soldiers in said county.
On his motion,
The rule was suspended, the bill read second time.
Page 33
On his further motion,
The rule was suspended, and bill read third time,
And passed, with title as stated.
Mr. Chandler offered the following resolution:
Resolved, That when the House adjourn, it will adjourn to meet again on Saturday next at 10 o'clock, A. M.
Mr. Brown moved to amend by striking out "Saturday" and inserting "Friday."
On motion of Mr. Thomas,
The resolution and amendment were laid upon the table.
Mr. Jones offered the following resolution, which was adopted:
Resolved, (the Senate concurring,) That Mr. Chandler, of Clark, be added to joint select committee on Military Affairs.
Mr. Shields called up Senate message, being a bill entitled
An act in relation to the Penitentiary.
On his motion,
The bill was read first time.
On his further motion,
The rule was suspended and bill read second time.
Mr. Fall offered amendment by way of additional section.
On motion of Mr. Graham,
The bill and amendment were referred to committee on the Penitentiary.
His Excellency, the Governor, through his Secretary, Mr. Rives, communicated a message in relation to Hospitals.
Mr. Graham, by leave, introduced a bill with the following title:
A bill to be entitled an act to change the militia laws of this State.
On his motion,
Rule was suspended, bill read second time by its title.
Mr. Harper moved to lay on the table.
On motion of Mr. Fall,
The House adjourned until to-morrow morning, 10 o'clock.
THURSDAY, December 25, 1862.
House met pursuant to adjournment.
Minutes of yesterday read and approved.
Mr. Brooks asked that the title of a bill which Mr. Seal, of Harrison, offered on yesterday, should be spread upon the Journals.
Leave was granted.
Page 34
The following message from the Governor was called up:
EXECUTIVE OFFICE,
Jackson, Miss., Dec. 24, 1862.
Gentlemen of the Senate
and House of Representatives:
The sick and wounded soldiers from the State of Mississippi demand, at the hands of the Legislature, that attention which will ensure their comfort and proper treatment. The Hospital system of the Confederate States army is necessarily imperfect, and it has failed to give that speedy relief to our suffering soldiery which their cases often imperatively demand. A more perfect, system of Hospitals, perhaps, under existing circumstances, cannot now be established without the assistance of the States themselves. I have good reason to believe that separate State Hospitals, whenever they have been permitted to be established by the Confederate authorities, have done much good. And it is believed, also, that the appointment, by State authority, of skillful and efficient surgeons, to visit the Hospitals in the different departments and see to the condition of our sick and wounded soldiers, would result in much good. I therefore recommend that the Legislature make provision by law for the appointment of at least two competent surgeons--one for the department of Virginia, and the other for the West--whose duty it shall be to attend to the wants of our sick and wounded in their respective departments.
JOHN J. PETTUS.
Which, on motion of Mr. Shields,
Was referred to a select committee of five.
The Speaker appointed as said committee, Messrs. Shields, Jones, Turley, Williams and Hicks.
Mr. Gaines moved that the House adjourn until to-morrow morning at 9 o'clock.
Which was lost.
The following message was received from the Governor:
EXECUTIVE OFFICE,
December 24, 1862.
Gentlemen of the House of Representatives:
I herewith transmit the report of the acting Chief of Ordnance, in compliance with the resolution of the House passed on the 20th December inst., requiring "a more full and specific statement of the number, condition and description of arms received from the several counties," &c.
JOHN J. PETTUS.
Which, with accompanying documents, were referred,
On motion of Mr. Hooker, of Hinds,
To the joint select committee on Military Affairs.
Page 35
Mr. McLaurin asked leave of absence for Mr. Harris, of Leake,
Which was refused.
Also, leave of absence for Mr. Lyle,
Which was granted.
Mr. Tindall asked leave of absence for Mr. Rogers, of Pontotoc,
Which was granted.
The following message was received from the Senate:
MR. SPEAKER--
I am instructed by the Senate to inform the House of Representatives that they have passed a bill to be entitled an act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations.
Also, a bill entitled an act to procure salt for the indigent families of soldiers, and for other purposes.
In which the concurrence of the House is desired.
On motion of Mr. Hooker, of Hinds,
The message was taken up, and a bill entitled
An act to amend an act approved January 29, 1862, to suspend for a limited time certain parts of the Statute of Limitations,
Was, on his further motion,
Read first and second time,
And referred to the committee on the Judiciary.
Mr. Hooker, of Hinds,
Called up Senate bill to be entitled
An act to procure salt for the indigent families of soldiers, and for other purposes.
On his motion,
The rule was suspended and bill read first and second time.
When, on motion of Mr. Graham,
The House resolved itself into committee of the Whole on the bill.
Mr. Johnson, of Warren, in the chair.
After some time spent therein,
The committee rose, reported the bill back to the House and asked leave to sit again, which was granted.
Mr. Powe, by leave, introduced the following resolutions, which were unanimously adopted:
WHEREAS, This House has heard with profound regret and sorrow, the death of Captain A. F. DANTZLER, late a member of this House from the county of Jasper; therefore, be it
Resolved, That in the death of Mr. Dantzler in the prime and vigor of life, the faithful and patriotic devotion to his country's honor and independence, which he sealed with his
Page 36
blood upon the battle-field at Corinth, in that memorable conflict, entitles his memory to the grateful appreciation of the people of the State.
Resolved, That the proceedings of this House in relation to the death of Capt. A. F. Dantzler, be communicated to the family of the deceased by the Clerk.
Resolved, That as a further mark of respect to the memory of the deceased, this House do now adjourn until to-morrow morning at 9 o'clock.
The Speaker declared the House adjourned until to-morrow morning at 9 o'clock.
FRIDAY, December 26, 1862.
The House met pursuant to adjournment.
Journal of yesterday was read and approved.
On motion of Mr. Shields,
The call of counties was suspended.
Mr. Shields, from special committee, made the following report:
MR. SPEAKER--
The special committee to whom was referred the Governor's message on the subject of the appointment of medical supervisors for the soldiers of the State of Mississippi, report that they have prepared the accompanying bill, with the recommendation that it do pass.
On his motion,
A bill entitled an act to appoint medical supervisors for the sick and wounded soldiers of the State of Mississippi,
Was read first and second time.
And, on his further motion,
The House resolved itself into committee of the Whole,
Mr. Hicks in the Chair.
After a short time spent therein,
The committee rose, reported the bill back to the House with a recommendation that it do pass.
A division was called for, and the report received.
When, on motion of Mr. Shields,
The rule was suspended, the bill read a third time
And passed with title as stated.
Mr. McLaurin, from special committee, made the following report:
MR. SPEAKER--
The special committee to whom was referred the petition of certain citizens of Smith county, asking that Wm. P.
Page 37
Hutchings, of said county, may be discharged from military service, have considered the same, and a majority of the committee have instructed me to report the bill prepared in conformity with the prayer of the petition submitted herewith, and recommend its passage.
Which was received.
Mr. McLaurin moved that the rule be suspended, and bill read the second time.
Which was lost.
Mr. Boddie, from the committee on Penitentiary, reported back Senate bill which had been referred to that committee, and asked to be discharged from its further consideration, there being no committee on the part of the Senate.
On motion of Mr. Fall,
Senate bill entitled
An act in relation to the Penitentiary,
Was called up.
Mr. Fall offered the following amendment, which was adopted:
Be it further enacted, That article 31, of chapter 65, of Revised Code, is hereby repealed, and that hereafter the pay of the Guard of the Penitentiary shall be as follows: The Sergeant of the Guard shall receive seventy-five dollars, and the Privates fifty dollars per month, as the Inspectors shall agree, and the Inspectors may appoint one of the Guards as Doorkeeper or Turnkey of the prison at a salary of sixty dollars per month.
On his motion,
The rule was suspended, the bill was read a third time,
And passed with title as stated.
Mr. Terrell asked leave to introduced a bill,
Which was refused.
Mr. Hamer asked leave to introduced a bill.
Request not granted.
Mr. Graham moved to suspend the regular order of business with a view to taking up Senate bill to be entitled
An act to procnre salt for the indigent families of soldiers, and for other purposes.
On his further motion,
The House resolved itself into committee of the Whole on the bill.
Mr. Shields in the Chair.
After some time spent therein,
The committee rose, reported the bill, with an amendment, back to the House, and recommended that the bill do pass as amended.
On motion of Mr. Graham,
The report was received and agreed to.
Page 38
On motion of Mr. Thomas,
The rule was suspended, the bill read a third time,
And passed as amended.
Ordered, that the title stand as stated.
Mr. Jones, from the joint select committee on Military Affairs, moved to suspend the regular order of business to make a report.
The rule being suspended,
Mr. Jones made the following report:
MR. SPEAKER--
The joint select committee on Military Affairs, to whom was referred a bill to be entitled an act to authorize the impressment of slaves and other personal property for military purposes, have duly considered the same, and have instructed me to report it back to the House, with sundry amendments, and to recommend that the bill, amended as proposed, do pass.
Which, on his motion,
Together with accompanying bill and amendments, were made the special order for three o'clock, P. M., this day.
Mr. Harper, by leave, introduced a bill to be entitled
An act to increase the manufacture of arms.
On his motion,
The rule was suspended, the bill read first and second time.
And, on his further motion,
Laid on the table.
Mr. Shields moved that the House take a recess until half-past 11 o'clock.
Which was lost.
The bill to change the militia laws of this State, was taken up.
On motion of Mr. Graham,
The rule was suspended, and bill read a second time.
Mr. Hooker, of Hinds,
Moved to lay the bill on the table,
Which motion did not prevail.
On motion of Mr. Johnson, of Warren,
The bill was referred to the joint select committee on Military Affairs.
Mr. Graham offered the following resolution, which was adopted:
Resolved, That the Governor inform the House why the militia have been called from some counties and not from others; and especially why the militia of the counties of Adams, Wilkinson, Jefferson and Claiborne, are not now in the field, and why all the militia have been called from some counties and only a part from other counties.
Page 39
The following message was received from the Senate:
MR. SPEAKER--
The Senate has passed a House bill entitled an act in relation to Executors, Administrators and Guardians, with sundry amendments thereto, in which they ask the concurrence of the House of Representatives.
They have also passed a House bill entitled a bill for the relief of Capt. Henry Jamison, of Attala county.
The Senate has also passed bills of the following titles:
An act for the relief of certain public officers.
An act to prohibit the distillation of spirits from grain.
In which the House is asked to concur.
On motion of Mr. Thomas,
Senate message just received was taken up.
And, on motion of Mr. Shields,
House bill entitled an act in relation to Executors, Administrators and Guardians, with Senate amendments,
Was referred to Judiciary committee.
Senate bill entitled,
An act to prohibit the distillation of spirits from grain, was taken up.
On motion of Mr. Shields,
The rule was suspended, bill read two several times,
And referred to Judiciary committee.
Senate bill entitled,
An act for the relief of certain public officers, was taken up.
On motion of Mr. Thomas,
The rule was suspended, bill read first and second time,
And referred to the Judiciary committee.
On motion of Mr. Johnson, of Warren,
The House took recess until forty-five minutes past 11 o'clock, A. M., to prepare the Hall for the reception of the President of the Confederate States, General Joseph E. Johnston and his staff, and the Senate.
The recess having expired,
The Senate were invited into the Hall.
The Senate, proceded by the Sergeant-at-Arms, entered the Hall and took the seats assigned them.
The President of the Confederate States, Gen. Johnston and staff, accompanied by the special committee of the House, Messrs. Johnson, of Warren, Jones and Hooker, entered the Hall. The President was conducted to the Speaker's desk, and was introduced to the Legislature by Hon. Mr. Drane, President of the Senate. He addressed the Legislature, and the large crowd of citizens in attendance, for about one hour and fifteen minutes. At the close of the President's address, General Johnston being conducted to the stand, tendered his thanks for the honor paid him.
Page 40
On motion of Mr. Wood,
The House adjourned to 3 o'clock, P. M.
THREE O'CLOCK, P. M.
House met pursuant to adjournment.
The special order, a bill entitled an act to authorize the impressment of slaves and other personal property for military purposes,
Was, on motion of Mr. Jones, taken up.
The Speaker announced that no quorum was present.
A call of the House was ordered.
A quorum being present,
On motion, the call was suspended.
On motion of Mr. Johnson,
The House resolved itself into committee of the Whole.
Mr. Seal, of Harrison, in the Chair.
After some time spent therein,
The committee rose, reported the bill back to the House with sundry amendments, and recommended that the bill as amended do pass.
On motion of Mr. Jones,
The report was received and agreed to.
The amendments were read and adopted seriatim.
Mr. Miller, of Oktibbeha, offered the following amendment:
Amend the first section by adding:
"Provided, That no property of any party in the military service of the Confederacy or the State, shall be impressed without his consent."
Mr. Chandler offered to amend the amendment by adding after the word "State," "or who has a son in said service."
On motion of Mr. Hooker, of Hinds,
The amendment and amendment to the amendment, were laid upon the table.
On motion of Mr. Jones,
The rule was suspended, and the bill read a third time.
Mr. Terrell offered the following additional section by way of ryder:
SEC.--. Be it further enacted, That in all cases, officers appointed by the Governors, shall, before proceeding to carry out the provisions of this act, in any case, first show authority for doing the same, from the Governor, with the seal of the State thereto attached.
Which, on motion of Mr. Hooker, of Hinds,
Was laid on the table.
The bill being upon its passage,
Page 41
The yeas and nays were called for by Messrs. Graham, Chandler and Brooks, and decided in the affirmative:
YEAS--Mr. Speaker, Messrs. Allen, Bardin, Barnes, Boddie, Brown, Buntin, Clark, Deason, Dyer, Edwards of C., Enochs, Eskridge, Fatheree, Fox, Gaines, Gulley, Hamer, Harper, Hicks, Hooker of Hinds, Hooker of Lawrence, Humphreys, Johnson of Warren, Jones, Kirk, Magee of Pike, McDonald, McLaurin, Miller of Oktibbeha, Moore, Nelson, Seal of Harrison, Shelley, Shields, Smith of Lowndes, Terrell, Tindall, Thomas, Turley, Walker, Wells, Withers and Williams of Wilkinson--44.
NAYS--Messrs. Barton, Brooks, Chandler, Denney, Graham, McElroy, Powe and Semmes--8.
Mr. Terrell, by leave, introduced a bill entitled
An act to suspend article 196, of chapter 4, of the Revised Code, in certain counties.
On his motion,
The rule was suspended and bill read first and second time.
And, on his further motion