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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 --MONDAY, October 13, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2]
MONDAY, October 13, 1862.

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OPEN SESSION.

On motion by Mr. Brown,

That the vote on agreeing to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S. 124) to increase the pay of clerks in the several Departments be reconsidered,

On motion by Mr. Brown,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Davis, Dortch, Lewis, and Oldham.

Those who voted in the negative are,

Messrs. Barnwell, Clark, Clay, Henry, Hunter, Mitchel, Orr, Phelan, Preston, Semmes, Sparrow, and Wigfall.

The bill (H. R. 50) to protect the rights of owners of slaves taken by or employed in the Army 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.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The House of Representatives have passed a joint resolution (H. R. --) in regard to retaliation; in which they request the concurrence of the Senate.

The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 44) authorizing the suspension of the writ of habeas corpus; 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.

On motion by Mr. Preston,

That the Senate proceed to the consideration of the motion submitted by Mr. Wigfall, on the 8th instant, that the vote on the passing of the bill (H. R. 8) to increase the pay of privates and noncommissioned officers in the Army of the Confederate States be reconsidered,

On motion by Mr. Brown,

The Senate resolved into executive session.

The doors having been opened,

Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. 47) to increase the salaries of route agents for the mail, reported it without amendment.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The House of Representatives have passed a resolution for the appointment of a committee, jointly with such committee as may be appointed on


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the part of the Senate, to wait upon the President of the Confederate States and inform him that Congress will adjourn this day at 12 o'clock m., and to ask him if he has any further communication to make; and have appointed Mr. Lyons of Virginia, Mr. McQueen of South Carolina, and Mr. Garland of Arkansas the committee on their part.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.

A message from the House of Representatives, by Mr. Tennent:

Mr. President: The House of Representatives have passed a bill (H. R. 53) to authorize the grant of medals and badges of distinction as a reward for courage and good conduct on the field of battle; in which they request the concurrence of the Senate.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled a bill (H. R. 46) making appropriations for the support of the Government for the month of January, 1863, and for certain deficiencies and other purposes therein mentioned.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled bills of the following titles, viz:

The President pro tempore having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 57) to punish and repress the importation by our enemies of notes purporting to be notes of the Treasury of the Confederate States; and

On motion by Mr. Semmes,

Resolved, That they concur therein.

Ordered, That the Secretary inform the House of Representatives thereof.

The bill (H. R. 53) to authorize the grant of medals and badges of distinction as a reward for courage and good conduct on the field of battle 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.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.


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A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr President: The House of Representatives have passed a resolution rescinding the resolution adjourning both Houses of Congress this day at 12 o'clock m., and providing that the two Houses will adjourn on Monday, the 20th instant, at 12 o'clock m.; in which they request the concurrence of the Senate.

The Senate proceeded to consider the said resolution; and having been amended, on motion of Mr. Clay, by striking out all after "adjourn" and inserting "this day at 5 o'clock p. m.,"

The resolution as amended was agreed to.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled the bill (H. R. 50) to protect the rights of owners of slaves taken by or employed in the Army.

The President pro tempore having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

A message from the House of Representatives, by Mr. Loving:

Mr. President: The House of Representatives have passed a bill of the Senate (S. 121) to authorize the appointment of naval storekeepers.

A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States on the 11th instant approved and signed the following acts:

Ordered, That the Secretary notify the House of Representatives thereof.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The House of Representatives have concurred in the amendment of the Senate to the resolution of the House rescinding the resolution adjourning both Houses of Congress this day at 12 o'clock m.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

To the Senate of the Confederate States:

I return herewith without approval, an act which originated in your body, entitled "An act for the relief of the Bible Society of the Confederate States of America."

My objections to this act are of a grave character, and I regret that the very short time allowed to me for its consideration deprives me of any opportunity of stating them as fully as is desirable. The act was only presented to me yesterday. I confine myself, therefore, to a simple enumeration of the objections without attempting to enforce them by argument.

JEFFERSON DAVIS.

October 13, 1862.

The message was read.

The Senate proceeded to reconsider the bill (S. 89) returned by the President with his objections; which bill is in the following words:

An act for the relief of the Bible Society of the Confederate States of America.

The Congress of the Confederate States of America do enact, That all money and other property bequeathed by any person within the Confederate States, or any State thereof, to the American Bible Society, and which may be liable to sequestration under the laws of the Confederate States, shall be paid and delivered to the Bible Society of the Confederate States of America, as if the same lied been bequeathed to said Bible Society of the Confederate States, for the purposes of such bequest, and the receivers in the several districts in which such bequests may have been made as aforesaid are authorized and directed to pay to the Bible Society of the Confederate States of America, now located in the city of Augusta, Georgia, any and all sums of money which have been or may hereafter be recovered and collected by them under the several acts for the sequestration of the estates and effects of alien enemies, for legacies to the American Bible Society, or from persons holding the same in trust, or otherwise, for the use of said society.

I certify that this bill originated in the Senate.

JAMES H. NASH,
Secretary.

On the question, Shall the bill pass?

The vote having been taken by yeas and nays, as required by the seventh section of the first article of the Constitution,

Those who voted in the negative are,

Messrs. Barnwell, Clark, Clay, Davis, Dortch, Henry, Hunter, Johnson, Mitchel, Orr, Peyton, Phelan, Preston, Semmes, Sparrow and Wigfall.

So it was

Resolved, That the bill do not pass, two-thirds of the Senators present not agreeing thereto.

Ordered, That the Secretary inform the House of Representatives thereof.


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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., October 13, 1862.

To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of the Treasury, submitting certain estimates.

I recommend an appropriation for the purposes of the amount designated.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Commitee on Finance.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 83) to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26. 1861; and

On motion by Mr. Henry,

Resolved, That they disagree to the said amendments.

Ordered, That the Secretary reform the House of Representatives thereof.

The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 102) establishing the seal of the Confederate States of America; and

On motion by Mr. Semmes,

Resolved, That they disagree to the said amendment.

Ordered, That the Secretary inform the House of Representatives thereof.

The Senate proceeded to consider the amendments of the House of Representatives to the amendment of the Senate to the bill (H. R. 30) to establish certain post routes therein named; and

On motion by Mr. Mitchel,

Resolved, That they concur therein.

Ordered, That the Secretary inform the House of Representatives thereof.

The bill (H. R. 52) to provide for the temporary organization of forces for the Provisional Army of the Confederate States in the States or parts of States which are invaded and occupied by the forces of the enemy was read the first and second times and considered as in Committee of the Whole.

On motion by Mr. Clark, to amend the bill by adding at the end thereof the words:
and shall be disbanded as soon as the said districts or States become subject to the execution of the conscript act,

On motion by Mr. Sparrow, that the bill and amendment lie on the table,

It was determined in the negative.

On the question to agree to the amendment proposed by Mr. Clark,

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by inserting, section 1, line 14, after the word "and," the words "after such organization,"

Mr. Clark demanded the question; which was seconded, and

The question being put,

It was determined in the negative.


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On motion by Mr. Sparrow, to amend the bill by inserting, section 2, line 2, after the word "practicable," the words "at least within ninety days,"

Mr. Johnson demanded the question; which was seconded, and

The question being put,

It was determined in the negative.

On motion by Mr. Sparrow, to amend the bill by striking out, section 2, line 6, the word "then,"

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.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The President of the Confederate States has notified the House of Representatives that on the 11th instant he approved and signed the following acts:

The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.

A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States on the 13th instant approved and signed the following acts:

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled bills of the following titles:

The President pro tempore having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The President of the Confederate States has notified the House of Representatives that on the 8th instant he approved and signed the following act:

That on the 13th instant he approved and signed the following acts:

A message from the House of Representatives, by Mr. Loving:

Mr. President: The House of Representatives insist on their amendments to the bill (S. 83) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1862, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Chambers of Mississippi, Mr. Miles of South Carolina, and Mr. Hartridge of Georgia, a committee on their part.

The Senate proceeded to consider the amendments to the said bill (S. 83) insisted on by the House of Representatives; and

On motion by Mr. Sparrow,

Resolved, That they insist on their disagreement to the said amendments, and agree to the conference asked by the House of Representatives.

On motion by Mr. Sparrow,

Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and

Mr. Wigfall, Mr. Clay, and Mr. Semmes were appointed.

Ordered, That the Secretary inform the House of Representatives thereof.

The bill (H. R. 51) to extend the term of office of certain war-tax collectors 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.


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Ordered, That the Secretary inform the House of Representatives thereof.

The bill (H. R. 48) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1861, was read the first and second times and considered as in Committee of the Whole.

On motion by Mr. Clay, that it be referred to the Committee on Military Affairs,

It was determined in the negative.

No amendment being made, the bill 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.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

To the Senate of the Confederate States of America:

I herewith transmit a communication from the Secretary of War, in response to a resolution of your honorable body inquiring by what authority military officers along the several railroad lines are seizing produce and provisions, the property of private individuals, and prohibiting the transportation of produce and provisions from one State to another.

JEFFERSON DAVIS.

Executive Office,
Richmond, Va., October 13, 1862.

The message was read.

On motion by Mr. Clay,

Ordered, That it lie on the table.

The President pro tempore laid before the Senate a communication from the Secretary of the Treasury, in response to a resolution of the Senate, inquiring what quantity of cotton and tobacco had been obtained in exchange for bonds and stock under the provisions of the act of April 21, 1862, and where said cotton and tobacco were purchased, and what prices were paid for and what disposition has been made of the same; which was read.

On motion by Mr. Sparrow,

Ordered, That it lie on the table.

The bill (H. R. 49) to increase and regulate the appointment of general officers in the Provisional Army was read the first and second times and considered as in Committee of the Whole.

On motion by Mr. Orr, to amend the bill by striking out of the fourth line of the first section the word "twenty" and inserting in lieu thereof the word "thirteen,"

It was determined in the negative.

On motion by Mr. Orr, to amend the bill by striking out of the fourth line of the first section the word "twenty" and inserting in lieu thereof the word "seventeen,"

It was determined in the negative.

On motion by Mr. Orr, to amend the bill by striking out the second section thereof,

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 the amendment be engrossed and the bill read a third time.


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The said bill as amended was read the third time.

Resolved, That it pass with an amendment.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The House of Representatives insist on their amendments to the bill of the Senate (S. 102) establishing the seal of the Confederate States of America, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Boteler of Virginia, Mr. Pugh of Alabama. and Mr. Harris of Missouri as managers at the same on their part.

Mr. Mitchel, from the Committee, reported that they had examined and found truly enrolled a bill (H. R. 30) to establish certain post routes therein named.

The President pro tempore having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

Mr. Johnson submitted the, following motion for consideration:

Ordered, That the vote on the passing of the bill (H. R. 48) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1861, be reconsidered.

A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States has this day approved and signed the following acts:

Ordered, That the Secretary inform the House of Representatives thereof.

On motion by Mr. Johnson, that a message be sent to the House of Representatives requesting them to return to the Senate the bill (H. R. 48) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1861,

On motion by Mr. Johnson,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Clay, Hunter, Johnson, Lewis, Mitchel, Oldham, Peyton, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Clark, Davis, Dortch, Henry, Orr, Phelan, Preston, Semmes, and Sparrow.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., October 13, 1862.

To the Senate and House of Representatives:

I herewith transmit for your consideration communications from the heads of the several Departments, submitting certain estimates.

I recommend appropriations of the sums for the purposes specified.

JEFFERSON DAVIS.


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The message was read.

Ordered, That it be referred to the Committee on Finance.

On motion by Mr. Dortch,

Ordered, That the Senate take a recess until 3 o'clock p. m.

3 O'CLOCK P. M.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The President of the Confederate States has notified the House of Representatives that he has this day approved and signed the following act:

The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled bills of the following titles:

The President pro tempore having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

On motion by Mr. Sparrow,

Ordered, That the Committee on Military Affairs be discharged from the further consideration of the bill (H. R. 27) to authorize certain battalions and regiments to elect their field officers.

Mr. Sparrow submitted the following resolution; which was considered and agreed to:

Resolved, That a committee of three be appointed to act with a like committee on the part of the House of Representatives to wait upon the President of the Confederate States and inform him that Congress will adjourn this day at five o'clock p. m., and to ask him if he has any further communication to make to Congress.

On motion by Mr. Sparrow,

Ordered, That the committee be appointed by the President pro tempore; and

Mr. Sparrow, Mr. Barnwell, and Mr. Henry were appointed.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 102) establishing the seal of the Confederate States of America, insisted on by the House; and

On motion by Mr. Semmes,

Resolved, That the Senate insist on their disagreement to the amendments of the House of Representatives to the said bill, and agree to the conference asked by the House on the disagreeing votes of the two Houses thereon.

On motion by Mr. Semmes,

Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and

Mr. Semmes, Mr. Orr, and Mr. Preston were appointed.


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Ordered, That the Secretary inform the House of Representatives thereof.

On motion by Mr. Clay,

Ordered, That the joint resolution (H. R. 21) in regard to retaliation be transferred to the Secret Legislative Calendar.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The President of the Confederate States has notified the House of Representatives that he has this day approved and signed the following acts:

Mr. Wigfall, from the committee of conference on the disagreeing votes of the two Houses on the bill (S. 83) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1861, reported that they had met the committee on the part of the House of Representatives, and that they were unable to agree.

On motion by Mr. Wigfall,

Resolved, That the Senate adhere to their disagreement to the amendments of the House of Representatives to the said bill.

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Semmes, from the committee of conference on the disagreeing votes of the two Houses on the bill (S. 102) establishing the seal of the Confederate States of America, reported that they had met the committee on the part of the House of Representatives, and that they were unable to agree.

On motion by Mr. Semmes,

Resolved, That the Senate adhere to their disagreement to the amendments of the House of Representatives to the said bill.

Ordered, That the Secretary inform the House of Representatives thereof.

Mr. Sparrow, from the committee appointed on the part of the Senate to act with a like committee on the part of the House of Representatives to wait upon the President of the Confederate States and inform him that Congress will adjourn this day at 5 o'clock p. m., and to ask him if he had any further communication to make to Congress, reported

That they had discharged the duty assigned them, and that the President replied that he had no further communication to make to either House.

Mr. Orr submitted the following resolution for consideration:

Resolved, That three hundred copies of the Journal of the Senate in open legislative session, including such proceedings in secret session as the injunction of secrecy may have been removed from, be published under the direction of the Secretary of the Senate.

The Senate proceeded to consider the said resolution; and on the question to agree thereto,

It was determined in the negative.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The committee on the part of the House of Representatives have reported that on conferring with the committee on the part of the Senate on the disagreeing votes of the two Houses on the bill (S. 83) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America, approved February 26, 1861, they are unable to agree with said committee.

The committee on the part of the House of Representatives have reported that on


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conferring with the committee on the part of the Senate on the disagreeing votes of the two Houses on the bill (S. 102) establishing a seal for the Confederate States of America, they are unable to agree with said committee.

The House of Representatives have concurred in the amendments of the Senate to the bill (H. R. 49) to increase and regulate the appointment of general officers in the Provisional Army.

The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled a bill (H. R. 49) to increase and regulate the appointment of general officers in the Provisional Army.

The President pro tempore having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.

Mr. Wigfall, from the Committee on Military Affairs, reported a bill (S. 129) to authorize the appointment of chiefs of staff; which 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 the bill 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 an aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

A message from the House of Representatives, by Mr. McDonald:

Mr. President: The President of the Confederate States has notified the House of Representatives that he has this day approved and signed an act of the following title:

Mr. Sparrow submitted the following resolution for consideration:

Resolved (the House of Representatives concurring), That the time of adjournment of the two Houses be postponed until half past five o'clock p. m.

The Senate proceeded to consider the said resolution; and on the question to agree thereto,

On motion by Mr. Sparrow,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Clark, Clay, Davis, Dortch, Henry, Hunter, Mitchel, Peyton, Phelan, Preston, Semmes, and Sparrow.

Those who voted in the negative are,

Messrs. Brown, Johnson, Lewis, Oldham, and Orr.

So the resolution was agreed to.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

The hour fixed by resolution for the adjournment of both Houses having arrived,

On motion by Mr. Semmes,

The Senate adjourned sine die.


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SECRET SESSION.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled a bill (H. R. --) for the building of a vessel of war.

The President pro tempore having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.

The bill (H. R. --) to provide for the defense of the Tennessee and Cumberland rivers 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.

The joint resolution (H. R. 21) in regard to retaliation 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 resolution was read the third time.

On the question,

Shall the resolution now pass?

On motion by Mr. Semmes,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Clark, Clay, Davis, Dortch, Henry, Hunter, Johnson, Lewis, Mitchel, Oldham, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, and Wigfall.

In the negative, none.

So it was

Resolved, That this resolution pass.

Ordered, That the Secretary inform the House of Representatives thereof.

On motion by Mr. Clark,

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate on the joint resolution last mentioned.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled a bill (H. R. --) to provide for the defense of the Tennessee and Cumberland rivers.

The President pro tempore having signed the enrolled bill last


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reported to have been examined, it was delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.

On motion by Mr. Mitchel,

The Senate resolved into open legislative session.

EXECUTIVE SESSION.

On motion by Mr. Brown,

That the Senate reconsider the vote rejecting the nomination of John C. Pemberton to be lieutenant-general,

After debate,

Mr. Sparrow demanded the question; which was seconded, and

The question being put,

Will the Senate reconsider the vote rejecting the nomination of John C. Pemberton?

It was determined in the affirmative.

The Senate proceeded to consider said nomination; and

On the question,

Will the Senate advise and consent to the appointment of John C. Pemberton to be lieutenant-general?

On motion by Mr. Orr,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Brown, Clark, Davis, Dortch, Henry, Hunter, Johnson, Lewis, Mitchel, Peyton, Phelan, Semmes, and Sparrow.

Those who voted in the negative are,

Messrs. Clay, Oldham, Orr, Preston, and Wigfall.

So it was

Resolved, That the Senate advise and consent to the appointment of John C. Pemberton to be lieutenant-general, agreeably to the nomination of the President.

On motion by Mr. Henry,

The Senate resumed the consideration of the nomination of Carter L. Stevenson to be major-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 Carter L. Stevenson to be major-general, agreeably to the nomination of the President.

Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 19th ultimo) the nomination of John R. Jones to be brigadier-general, reported the same.

On motion by Mr. Sparrow,

Resolved, That the further consideration of said nomination be postponed till the next session of Congress.

Mr. Sparrow, from the Committee on Military Affairs, to whom was referred (on the 10th instant) the nomination of Theophilus H. Holmes to be lieutenant-general, reported the same.

On motion by Mr. Davis,

The Senate proceeded to consider said nomination; and


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Resolved, That the Senate advise and consent to the appointment of Theophilus H. Holmes, to be lieutenant-general, agreeably to the nomination of the President.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, October 13, 1862.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Robert H. Chilton, of Virginia, to be assistant adjutant-general, with the rank of colonel, in the Army of the Confederate States.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, October 13, 1862.

Sir: I have the honor to recommend the nomination of Robert H. Chilton, of Virginia, to be assistant adjutant-general, with the rank of colonel, in the Army of the Confederate States of America.

I am, sir, respectfully, your obedient servant,

GEO. W. RANDOLPH,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

The Senate proceeded to consider the said nomination; and

On motion by Mr. Clay,

Ordered, That the further consideration of the nomination of Robert H. Chilton be postponed till the next session of Congress.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, October 13, 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 13, 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.

The Senate proceeded to consider the nominations therein contained; and

Resolved, That the Senate advise and consent to the appointment of the persons named, agreeably to their respective nominations.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

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