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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 --THURSDAY, March 27, 1862.
OPEN SESSION.
The Hon. William L. Yancey, a Senator from the State of Alabama, attended, and the oath prescribed by law having been administered to him by the President, he took his seat in the Senate.
Mr. Orr presented two devices for a Confederate States flag; which were referred to the Committee on Flag and Seal.
Mr. Hill, from the Committee on the Judiciary, to whom was recommitted the bill (S. 18) declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President, reported it with an amendment.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed a bill of the following title, viz:
They have also passed a bill of the Senate (S. 3) to provide for the organization of the Arkansas and Red River Superintendency of Indian Affairs, to regulate trade and intercourse with the Indians therein, and to preserve peace on the frontiers.
The Speaker of the House of Representatives having signed a bill (H. R.--) to fix the times for holding the Confederate court for the northern district of Georgia, I am directed to bring it to the Senate for the signature of their President.
On motion by Mr. Oldham,
Ordered, That the Committee on Post-Offices and Post-Roads be discharged from the further consideration of the communication of M. Dickson in relation to the suspension of mail service on the Sabbath.
On motion by Mr. Barnwell,
The Senate resolved into secret legislative session.
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The doors being opened,
The following message was received from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have disagreed to the amendment of the Senate to the joint resolution (H. R. --) relating to the manner of paying members of the Provisional Congress the arrearages of their pay and mileage.
Mr. Mitchel, from the committee, reported that they had examined and found truly enrolled a bill (H. R. --) to fix the times for holding the Confederate court for the northern district of Georgia.
On motion by Mr. Barnwell,
The Senate adjourned until to-morrow morning at 12 o'clock.
SECRET SESSION.
On motion by Mr. Barnwell,
Ordered, That all further consideration of the bill (S. 8) to repeal an act entitled "An act to provide revenue from commodities imported from foreign countries," and other laws imposing duties on imports, be in secret legislative session.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 8) last mentioned; which was read as follows:
Mr. Orr raised a question of order, objecting to the further consideration of the bill on the ground that, under the second clause of the seventh section of the first article of the Constitution, such a bill could not be originated in the Senate; and as a test of the principle he moved to amend the bill by striking out all after the word "America," in the eighth line of the first section, and inserting in lieu thereof the words "be so amended as that an additional duty of thirty per cent be levied upon all goods imported into the Confederate States."
Whereupon,
The President held that under general parliamentary law the amendment was in order, but under the Constitution he should rule it out of order. But to determine the whole question the President said he would submit the matter to the Senate; and
On the question,
Has the Senate constitutional jurisdiction of the subject?
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. Brown, Clay, Hill, Oldham, Sparrow, and Semmes.
Those who voted in the negative are,
Messrs. Barnwell, Baker, Burnett, Clark, Davis, Dortch, Haynes, Henry, Hunter, Johnson, Mitchel, Orr, Peyton, Preston, Simms, Wigfall, and Yancey.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States. on yesterday approved and signed an act (S. 23) to regulate the mode of paying the members of the Senate and House of Representatives, and the disbursement of the contingent fund.
The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution of the House of Representatives (H. R. --) to authorize the suspension of the execution of an act to authorize the President to cause to be constructed certain gunboats, approved December 24, 1861; and no amendment being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said resolution was read the third time.
Resolved, That it pass, and that the title thereof remain as aforesaid.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed a bill (H. R. --)making appropriations for the support of the Government from April 1 to the 30th of November, 1862, and for objects hereinafter expressed; also,
A bill (H. R. --) to provide further means for the support of the Government;
In which I am directed to request the concurrence of the Senate.
The bills last mentioned as being this day communicated for concurrence from the House of Representatives not having been engrossed,
Mr. Orr submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of the Senate be, and he is hereby, directed to return to the House of Representatives House bill No. --, entitled "A bill making appropriations for the support of the Government from April first to the thirtieth of November, eighteen hundred and sixty-two, and for objects hereinafter expressed," and House bill No. --, entitled "A bill to provide further means for the support of the Government;" and inform the House that the bills aforesaid have not been engrossed by the Clerk of the House.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 27) to prohibit any cotton, tobacco, and military and naval stores being furnished to the enemy, and to provide penalties for the violation thereof.
On motion by Mr. Clark, to amend the bill by adding at the end of the first section the words "grain or other articles calculated to subsist an army,"
It was determined in the negative.
On motion by Mr. Davis, to amend the bill by striking out, in the seventh line of the second section, the words "with death, or,"
It was determined in the affirmative.
On motion by Mr. Clark, to reconsider the vote by which the foregoing amendment was agreed to,
It was determined in the negative.
On motion by Mr. Hill, to amend the sixth section by striking out, in the fourth fine, all after the word "discharged" and inserting in lieu thereof the words "in consequence of any defect in the indictment, or in consequence of any amendment thereof,"
It was determined in the affirmative.
On motion by Mr. Semmes,
To amend the bill by striking out the following section:
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It was determined in the affirmative.
No further amendment being proposed,
The bill as amended was reported to the Senate, and the amendments were concurred in.
On the question,
Shall this bill be engrossed and read a third time?
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department,
March 27, 1862.
To the President of the Senate of the Confederate States:
I nominate the persons named in the annexed letter of the Secretary of the Navy, agreeably to his recommendation.
JEFFERSON DAVIS.
Confederate States of America,Navy Department,
Richmond, March 25, 1862.
To the President.
Sir: I have the honor to recommend the following nominations for appointment in the Navy, under act of Congress (No. 331) approved December 24, 1861:
With much respect, I am, your obedient servant,
S. R. MALLORY,
Secretary of the Navy.
The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
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