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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --FORTY-SECOND DAY--MONDAY, January 13, 1862.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Hoge.
Congress then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. T. R. R. Cobb presented joint resolutions of the legislature of the State of Georgia; which were referred to the committees having charge of the several subjects to which they referred, without being read.
Mr. Harris of Mississippi introduced
A bill to amend the Constitution of the Provisional Government of the Confederate States;
which was read first and second times and, on motion of Mr. Monroe, was ordered to be printed and referred to the Committee on the Judiciary.
Mr. T. R. R. Cobb introduced
A bill to authorize the appointment of an Assistant Secretary of State, an Assistant Secretary of the Treasury, and an Assistant Secretary of War;
which was read first and second times and referred to the Committee on the Executive Departments.
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Mr. House offered the following resolution; which was read and agreed to, to wit:
Resolved, That the President be requested to communicate to Congress by what authority and under what law citizens of Tennessee are imprisoned at Tuscaloosa or other points in the State of Alabama, and whether said prisoners or any portion of them have been transported beyond the limits of their own State without a trial, and whether in any instance the writ of habeas corpus has been suspended.
Mr. Seddon introduced the following resolution; which was read and agreed to, to wit:
Resolved, That the Doorkeeper purchase and furnish the members with stationery, as far as may be needed, provided that the amounts so expended do not exceed five hundred dollars.
Mr. Pryor offered the following resolution; which was read and laid on the table, to wit:
That a committee of five be appointed to publish an address from Congress to the Army to the end of encouraging reenlistment.
Mr. Rives introduced
A bill explanatory of the appropriation for removal of the seat of government;
which was read first and second times and, on motion of Mr. Ochiltree, was referred to the Committee on the Judiciary.
Mr. Boteler presented the petition of Captain Shands and others; which was referred to the Committee on Military Affairs, without being read.
Mr. Conrad presented the memorial of Lieut. Charles R. Burton; which was referred to the Committee on Claims, without being read.
Mr. Hodge presented two resolutions of the legislative council of Kentucky; which were read and referred respectively to the Committees on the Judiciary and on Finance.
Mr. Campbell, from the Committee on Territories, to whom was recommitted
A bill to organize the Territory of Arizona,
reported the same back, with a recommendation that the same pass with amendment.
And the bill having been taken up, Mr. Campbell, from the Committee on Territories, moved to amend by striking out the proviso in the twenty-fourth line in first section, commencing with the word "Provided" and ending with the word "therein" in twenty-eighth line of said section.
The amendment was agreed to.
Also, in the twenty-eighth line to strike out the words "that in the meantime."
The amendment was agreed to.
Also, to strike out last word "and" in twenty-first line, second page.
The amendment was agreed to.
Also, in last line of third page strike out commencing with the word "because" and ending in third line of fourth page with the word "governor," inclusive.
Also, in twenty-fifth line, fourth page, after the word "States," insert the following words, to wit: "not being a citizen of said Territory."
The amendment was agreed to.
Also, in eleventh line, fifth page, strike out "three" and insert "six."
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The amendment was agreed to.
Also, in fifth line, sixth page, strike out "under" and insert "in the military service of."
The amendment was agreed to.
Also, in twelfth line, eighth page, strike out "quarter annually" and insert "quarterly."
The amendment was agreed to.
Also, in sixth line from bottom of eighth page strike out the words "of the laws now in force therein."
The amendment was agreed to.
Also, in sixteenth line, page 9, strike out "quarter yearly" and insert "quarterly."
The amendment was agreed to.
Also, strike out first word ninth page and insert "before."
The amendment was agreed to.
Also, to strike out the fifteenth section.
The amendment was agreed to.
Mr. Ochiltree moved to amend the twelfth section by inserting after twenty-first line the words:
The salary of the Secretary of the Territory shall be the sum of twelve hundred dollars per annum, payable quarterly.
The amendment was agreed to.
Mr. Thomason moved to amend by striking out the last section.
The amendment was agreed to.
The bill was then engrossed, read third time, and passed.
Mr. Venable, from the Committee on Naval Affairs, reported
A bill supplementary to an act making appropriations for certain floating defenses, approved January 9, 1862;
which was read first and second times, engrossed, read third time, and passed.
Mr. Harris of Missouri introduced
A bill to provide for raising and organizing, in the State of Missouri, additional forces for the Provisional Army of the Confederate States; which was read first and second times, engrossed, read third time, and passed.
The hour of 1 o'clock p. m. having arrived, Mr. Harris of Mississippi moved to postpone the special order of the day, for the purpose of taking up
A bill to regulate the mode of filling vacancies in field officers in certain volunteer regiments and battalions.
Mr. Orr moved to amend the motion by moving to take up
A bill to amend an act to raise an additional military force to serve during the war.
Mr. Waul called for a division of the question; which was agreed to.
And the question being upon postponing the special order of the day, the vote was taken, and the motion was not agreed to.
Congress proceeded to the consideration of the special order of the day, to wit:
A bill to encourage the manufacture of small arms, of saltpeter, and of gunpowder within the Confederate States.
The first section having been read, as follows:
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the Confederate States; and every person who shall propose to establish, put in operation, and carry on a manufactory of gunpowder within the Confederate States, suitable as ammunition for the Army of the Confederate States; and every person who shall propose to establish, put in operation, and carry on a manufactory of saltpeter within the Confederate States, who shall submit to the Secretary of War his proposal or proposals in one or more of these respects, with a statement of the amount proposed by him to be so invested in said undertaking or undertakings, and of the extent and plan of his undertakings; and who shall produce satisfactory evidence to the Secretary of War that he has actually expended in the prosecution of the proposed work one-fourth of the capital proposed to be invested therein, shall be entitled to receive, as an advance from the Treasury, a sum equal to fifty per cent on the amount proposed by him to be so invested; to be repaid, without interest, to the Confederate States from the first merchantable article manufactured, at such price as shall be agreed upon and stipulated for before or at the time of such advance, by the Secretary of War and the other contracting party, said price to be such as shall be sufficient to afford the manufacturer a liberal profit upon the probable cost of production: Provided, however, That no such advance shall be made until the party applying therefor shall enter into bond and security, to be approved by the Secretary of War or by some one appointed by him to take and approve said bond. Said bond to be in the penalty of double the amount proposed to be advanced, and to be conditioned to the effect that the principal obligor shall well and truly, and by a certain time, to be named in the bond, proceed to erect, complete, and put into effective operation the manufactory proposed; that he will expend the sum proposed for these purposes; that he will appropriate the money advanced by the Government to such purpose, and to no other use or purpose, and that he will repay the same from the first merchantable article manufactured, until be shall fully repay to the Confederate States, in the article and at the price stipulated for, the sum advanced.
Mr. Seddon moved to amend the same by inserting after the word "purpose" in the last clause the following words, viz: "and as far as practicable will keep the said property insured."
The amendment was agreed to.
The third section of the bill having been read, as follows:
Mr. Seddon moved to amend the same by inserting after the words "to perform his contract" the words "with the property remaining, or."
The amendment was agreed to.
Mr. Curry moved to amend the section by inserting after the words "of any such manufactory" the words "of gunpowder."
The amendment was agreed to.
And the section as amended reads as follows:
By consent, Congress recurred to the consideration of the first section of the bill.
Mr. Conrad moved to amend the same by striking out the words "shall be entitled to receive" and inserting in lieu thereof the following words:
may, in case the Secretary of War approves of the undertaking and deems the cent thereof to be reasonable, receive at such times and in such amounts as may be required for the construction and operation of such works.
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The amendment was lost.
Mr. Conrad moved further to amend the section by inserting after the words "on the amount proposed by him to be so invested" the words "such amount to be paid in installments as the works shall progress."
The amendment was lost.
Mr. Seddon moved to amend the section by inserting after the words "shall be entitled" the words
unless the Secretary of War deem such work visionary or impracticable, or at points too remote for the advantage of the Confederacy.
The amendment was agreed to.
Mr. Seddon moved further to amend the section by inserting after the words "shall be entitled to receive" the words
at such times and in such amounts as may be required for the construction and operation of such works.
The amendment was agreed to.
Mr. Jones of Tennessee moved to amend the section by adding the following proviso, viz:
And provided further, That no such advance shall be made until the party applying therefor shall subscribe a written oath, indorsed upon the back of said bond, which may be administered by any person competent to administer oaths, that said allowance is asked for the purposes specified in this act and for no other, and that he or they will no apply said funds, which may be then allowed. And a willful and corrupt violation of this oath shall be deemed perjury and punishable by imprisonment for not less than three nor more than ten years.
The section as amended reads as follows:
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be made until the party applying therefor shall subscribe a written oath, indorsed upon the back of said bond, which may be administered by any person competent to administer oaths, that said allowance is asked for the purposes specified in this act and for no other, and that he or they will so apply said funds, which may be then allowed. And a willful and corrupt violation of this oath shall be deemed perjury and punishable by imprisonment for not less than three nor more than ten years.
The bill was engrossed, read a third time, and passed.
Congress then proceeded to the consideration of the unfinished business; which was the consideration of
A bill to amend an act to raise an additional military force to serve during the war.
And the first section being under consideration, Mr. Rives moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That volunteers offering their services under the authority of the act entitled "An act to raise an additional military force to serve during the war," approved May eighth eighteen hundred and sixty-one, may be accepted by the President, singly or in companies, to be organized by him into companies, squadrons, battalions, or regiments. When vacancies occur in any squadron, battalion, or regiment organized heretofore, by the President under the provisions of the second section of the said act, as well as in all original appointments of officers for volunteers rased after the passage of this act, the field and company officers shall be chosen and appointed in the manner provided by the act entitled "An act providing for the granting of bounty and furloughs to privates and noncommissioned officers in the Provisional Army," approved December eleventh, eighteen hundred and sixty-one, and all vacancies occurring in the said offices after the first election made under this act shall be filled by promotion according to grade and seniority, except in case of disability or other incompetency: Provided, however, That the President be authorized to depart from the prescribed rule of promotion in favor of any person specially brought to his notice for extraordinary merit or some signal act of gallantry or military skill by his commanding general.
Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to provide for raising and organizing, in the State of Missouri, additional forces for the Provisional Army of the Confederate States.
On motion of Mr. Jones,
Congress then adjourned until 12 o'clock m. to-morrow.
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