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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 --FRIDAY, October 10, 1862.
OPEN SESSION.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the following subjects:
Message of the President of the Confederate States in relation to the defense of western and southern rivers; and
Message of the President of the Confederate States in response to a resolution of the Senate inquiring by what authority persons enrolled for military service are detained in camps of instruction.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the resolution inquiring what number of quartermasters, assistant quartermasters, post quartermasters, commissaries, and assistant commissaries are employed in a regiment, brigade, or division of our Army, with the rank and pay of each; what number of clerks are employed in each grade of the Quartermaster and Commissary Departments, and whether all of the officers of said Departments are necessary for the public service, etc., reported thereon.
Ordered, That said resolution lie on the table.
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The bill (H. R. 41) supplemental to an act entitled "An act to authorize the Secretary of the Treasury to pay district collectors in certain cases," approved April 11, 1862, was read the first and second times and referred to the Committee on Finance.
The bill (H. R. 42) to fix the pay and mileage of the delegates from the several indian nations authorized to have delegates under their respective treaties, was read the first and second times and considered as in Committee of the Whole: and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Semmes submitted the following resolution; which was considered and agreed to.
Resolved, That the Secretary of the Treasury be requested to inform the Senate what quantity of tobacco and cotton has been obtained in exchange for bonds and stock under the provisions of the act of April twenty-one, eighteen hundred and sixty-two, and where said cotton and tobacco were purchased and what prices were paid for and what disposition was made of the same.
Mr. Yancey (by leave) introduced
A bill (S. 124) to increase the pay of clerks in the several Departments;
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Lewis, that the bill be referred to the Committee on Finance,
It was determined in the negative.
On motion by Mr. Semmes, to amend the bill by adding thereto the following independent section:
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
On motion by Mr. Davis,
The Senate resolved into executive session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
The President of the Confederate States, on the 8th instant, approved and signed the following acts:
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A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have concurred in the amendments of the Senate to the bill (H. R. 6) to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States, with amendments; in which they ask the concurrence of the Senate.
The House of Representatives have concurred in the amendments of the Senate to the amendments of the House to the bill (S. 107) to authorize the President to accept and place in the service certain regiments and battalions heretofore raised.
They have also concurred in the amendments of the Senate to the bill (H. R. 38) amendatory of an act entitled "An act providing for the granting of bounties and furloughs to privates and noncommissioned officers in the Provisional Army," approved December 11, 1861.
Mr. Phelan submitted the following resolution for consideration:
Resolved (the House of Representatives concurring), That the joint resolution providing for the adjournment of the present session of Congress on Monday, the thirteenth instant, be, and the same is hereby, rescinded.
Resolved, That the two Houses of Congress will adjourn sine die on Monday, the twentieth day of October, at twelve o'clock meridian.
The Senate proceeded to consider the said resolution; and
On the question to agree thereto,
Mr. Yancey demanded the question; and the call therefor was not sustained.
After debate,
Mr. Johnson demanded the question; and the call therefor was not sustained.
After further debate,
Mr. Haynes demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the resolution?
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clay, Hunter, Johnson, Peyton, Phelan, Preston, Semmes, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Clark, Haynes, Henry, Mitchel, Oldham, Orr, Sparrow, and Yancey.
So the resolution was not agreed to.
The bill (H. R. --) to amend an act entitled "An act for the organization of the staff departments of the Army of the Confederate States of America," approved March 14, 1861, was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
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The President pro tempore laid before the Senate a communication from the Secretary of the Treasury, submitting certain estimates for the Post-Office Department; which was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
The bill (H. R. 43) to reduce the rate of interest on the funded debt of the Confederate States was read the first and second times and referred to the Committee on Finance.
The bill (H. R. 44) authorizing the suspension of the writ of habeas corpus was read the first and second times; and
On motion by Mr. Semmes,
Ordered, That it lie on the table.
The Senate proceeded to consider the amendments of the House of Representatives to the amendments of the Senate to the bill (H. R. 6) to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States; and
On motion by Mr. Clark,
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 10, 1862.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, relative to offices created and vacancies occurring during the session of Congress.
It is probable that some of the offices mentioned will be filled before the Congress adjourns. With regard to others, the alternative presented is an executive session of the Senate after the time now fixed for the adjournment of Congress or the passage of an act such as that suggested by the Secretary of War.
I invite your especial attention to the subject.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on the Judiciary.
The Senate proceeded to consider the motion submitted by Mr. Phelan on the 6th instant, to reconsider the vote on the passing of the bill (H. R. 21) to authorize the formation of volunteer companies for local defense; and
The motion was agreed to.
On motion by Mr. Phelan, the vote on the third reading of the same was also reconsidered.
The Senate resumed, as in Committee of the Whole, the consideration of the said bill.
An amendment being proposed by Mr. Phelan,
After debate,
On motion by Mr. Clark,
The Senate adjourned until to-morrow morning at 11 o'clock.
SECRET SESSION.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the bill (H. R. --) to authorize Primus Emerson, Edward Haven, jr., and others to fit out vessels to operate against the common enemy, reported it, with the recommendation that it ought not to pass.
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The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) last mentioned; and
On motion by Mr. Brown,
Ordered, That it lie on the table.
The Senate proceeded to consider the motion submitted by Mr. Clay, on the 8th instant, to reconsider the vote on the passing of the bill (H. R. --) to provide for the building of certain vessels of war; and
The motion was agreed to.
On motion by Mr. Phelan,
The vote on ordering the same to a third reading was also reconsidered.
The Senate resumed, as in Committee of the Whole, the consideration of the said bill.
On motion by Mr. Brown, to amend the bill by striking out, in the third line, the words "and required,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by striking out "two," in the sixth line, and inserting "one,"
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
On motion by Mr. Semmes, the title was amended to read: "An act for the building of a vessel of war."
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
On motion by Mr. Clark,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
On motion by Mr. Davis,
The Senate resumed the consideration of the nominations of Zebulon York to be colonel; J. Grammer, jr., Edward Cantwell, Thomas F. Gardner, to be lieutenant-colonels; William R. Aylett, William B. Creasman, to be majors.
On the question,
Will the Senate advise and consent to these appointments?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
On motion by Mr. Clark,
The Senate resumed the consideration of the nomination of Dan. M. Frost to be brigadier-general.
On the question,
Will the Senate advise and consent to this appointment?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of
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Dan. M. Frost to be brigadier-general, agreeably to the nomination of the President.
On motion by Mr. Oldham,
The Senate resumed the consideration of the nomination of J. C. Moore to be brigadier-general.
After debate,
On motion by Mr. Oldham,
Ordered, That the further consideration of the nomination of J. C. Moore be postponed till the next session of Congress.
On motion by Mr. Baker,
The Senate resumed the consideration of the nominations of Lloyd J. Beall to be colonel; Henry B. Tyler to be lieutenant-colonel; George H. Terrett to be major; Israel Greene to be adjutant, with the rank of major; Algernon S. Taylor to be quartermaster, with the rank of major; Richard T. Allison to be paymaster, with the rank of major; Calvin L. Sayre, Becket K. Howell, Richard H. Henderson, David G. Raney, James R. Y. Fendall, Thomas P. Gwynn, James Thurston, Francis H. Cameron, James F. Claiborne, Fergus MacRee, to be first lieutenants; David Bradford to be second lieutenant in the Marine Corps; and it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
On motion by Mr. Baker,
The Senate resumed the consideration of the nominations of John D. Simms, Jacob Read, John R. F. Tattnall, Andrew J. Hays, George Holmes, Reuben T. Thom, A. C. Van Benthuysen, Julius E. Meiere, George P. Turner, Thomas S. Wilson, to be captains in the Marine Corps.
After debate,
On motion by Mr. Yancey,
Ordered, That said nominations lie on the table.
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved, That the President be requested to furnish the Senate with the rank and grade in the Marine Corps of the United States Navy, at the time of their resignation, of John D. Simms, Jacob Read, John R. F. Tattnall, Andrew J. Hays, and George Holmes, nominated for captains of marine: and whether said J. R. F. Tattnall has been assigned to the command of the Twenty-ninth Alabama Regiment.
On motion by Mr. Sparrow,
Ordered, That the names of J. W. Kilpatrick and W. D. Simpkins, on the nomination list of the 24th ultimo, be changed to F. W. Kilpatrick and W. D. Simpson, severally.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of F. W. Kilpatrick as colonel, and W. D. Simpson as lieutenant-colonel, reported, with the recommendation that said nominations be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
On motion by Mr. Sparrow,
Ordered, That the President have leave to withdraw the nomination of A. Coward to be colonel of the Fifth South Carolina Regiment.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 10, 1862.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names respectively.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, October 10, 1862.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I have the honor to be, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Brown,
The Senate resolved into secret legislative session.
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