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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 --SATURDAY, March 29, 1862.
OPEN SESSION.
Mr. Baker (by leave) introduced
A bill (S. 30) to create the eastern judicial district of Florida, and to provide for the appointment of judges and officers thereof;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Semmes (by leave) introduced
A joint resolution (S. 6) directing how prize money shall be paid in certain cases;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution 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. Sparrow,
[Ordered, That] the Committee on Military Affairs be discharged from the further consideration of the following subjects:
A resolution inquiring into the necessity of increasing the number of soldiers in the field and the organization of camps of instruction, and what appropriations ought to be made for those purposes and for an increase of arms for the public defense; and
A resolution inquiring into the justice and expediency of paying, during the continuance of the present war, the pensions allowed by the laws of the United States to widows of deceased officers and soldiers.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 28) to amend an act entitled "An act to provide for the organization of the Navy," approved March 16, 1861.
The bill having been amended,
On motion by Mr. Orr,
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Ordered, That the further consideration thereof be postponed until Monday, the 31st instant.
The Senate proceeded, as in Committee of the Whole, to the consideration of 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.
On motion by Mr. Hill, to amend the bill by adding at the end of the third section the words "and he and the Vice-President shall hold their offices for the constitutional term of six years,"
It was determined in the affirmative.
On motion by Mr. Clay, to amend the bill by striking out the following:
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. Baker, Brown, Burnett, Clay, Clark, Hunter, Johnson, Maxwell, Mitchel, Oldham, Phelan, Peyton, Preston, Simms, and Yancey.
Those who voted in the negative are,
Messrs. Barnwell, Haynes, Henry, Orr, Sparrow, and Semmes.
No further amendment being made, the bill was reported to the Senate and the amendments were 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.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed a bill (H. R. --) to amend the act approved May 10, 1861, entitled "An act to amend an act to provide for the public defense;" also,
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A bill (H. R. --) to promote the efficiency of the Medical Department of the Army; also,
A bill (H. R. --) to provide for keeping all firearms in the armies of the Confederate States in the hands of effective men;
In which bills I am directed to ask the concurrence of the Senate.
The House of Representatives have insisted on their disagreement to the amendment of the Senate to a joint resolution (H. R. --) in relation to paying to members of the Provisional Congress the arrearages of their pay and mileage, have concurred in the request of the Senate for a committee of conference, and have appointed Mr. Curry of Alabama, Mr. Chambers of Mississippi, and Mr. Holt of Georgia as the committee on the part of the House.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, March 28, 1862.
To the Senate and House of Representatives of the Confederate States:
The operation of the various laws now in force for raising armies has exhibited the necessity for reform. The frequent changes and amendments which have been made have rendered the system so complicated as to make it often quite difficult to determine what the law really is, and to what extent prior enactments are modified by more recent legislation.
There is also embarrassment from conflict between State and Confederate legislation. I am happy to assure you of the entire harmony of purpose and cordiality of feeling which have continued to exist between myself and the executives of the several States; and it is to this cause that our success in keeping adequate forces in the field is to be attributed.
These reasons would suffice for inviting your earnest attention to the necessity of some simple and general system for exercising the power of raising armies which is vested in the Congress by the Constitution. But there is another and more important consideration. The vast preparations made by the enemy for a combined assault at numerous points on our frontier and seacoast have produced the result that might have been expected. They have animated the people with a spirit of resistance so general, so resolute, and so self-sacrificing that it requires rather to be regulated than to be stimulated The right of the State to demand, and the duty of each citizen to render military service, need only to be stated to be admitted. It is not, however, wise or judicious policy to place in active service that portion of the force of a people which experience has shown to be necessary as a reserve. Youths under the age of 18 years require further instruction--men of matured experience are needed for maintaining order and good government at home, and in supervising preparations for rendering efficient the armies in the field. These two classes constitute the proper reserve for home defense, ready to be called out in case of emergency, and to e kept in the field only while the emergency exists. But in order to maintain this reserve intact, it is necessary that in a great war like that in which we are now engaged, all persons of intermediate age not legally exempt for good cause should pay their debt of military service to the country, that the burthens should not fall exclusively on the most ardent and patriotic.
I therefore recommend the passage of a law declaring that all persons residing within the Confederate States, between the ages of 18 and 35 years, and rightfully subject to military duty, shall be held to be in the military service of the Confederate States, and that some plain and simple method be adopted for their prompt enrollment and organization, repealing all of the legislation heretofore enacted which would conflict with the system proposed.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Sparrow,
Ordered, That it be referred to the Committee on Military Affairs and that it be printed.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed a bill (H. R. --) to enable the States assuming the payment of their quotas of the war tax to pay the same rate the Treasury.
They have also adopted a joint resolution (H. R. --) for the appointment of a special committee for purposes therein named;
In which bill and resolution I am directed to ask the concurrence of the Senate.
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On motion by Mr. Orr,
The Senate resolved into secret legislative session.
The doors being opened,
The joint resolution (H. R. --) for raising a special committee for purposes therein named, was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Orr,
Ordered, That the further consideration thereof be postponed until Monday, the 31st instant.
The bill (H. R. --) to enable the States assuming the payment of their quotas of the war tax to pay the same into the Treasury, was read the first and second times and referred to the Committee on Finance.
The following bills were severally read the first and second times and referred to the Committee on Military Affairs:
On motion by Mr. Semmes,
The Senate adjourned until Monday morning at 12 o'clock.
SECRET SESSION.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The Speaker of the House of Representatives having signed an enrolled joint resolution (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, I am directed to bring it to the Senate for the signature of their President.
Mr. Phelan, from the committee, reported that they had examined and found truly enrolled the following joint resolution:
On motion by Mr. Orr,
The Senate resolved into executive session.
After the transaction of executive business,
Mr. Yancey submitted the following resolution:
Resolved, That the Committee on Finance be instructed to report a bill authorizing the Secretary of the Treasury to receive from subscribers to the produce loan, in exchange for bonds, their subscriptions in cotton and tobacco, at such rates as may be agreed upon, with power to dispose of the same as in his opinion may be most consistent with the public interest.
On motion by Mr. Barnwell,
Ordered, That it lie on the table.
Mr. Clay submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of War be requested to inform the Senate, in secret session, what number of small arms and of ordnance have been purchased abroad by the Government; what number have been imported; what number were taken by the several States at the different forts and arsenals claimed by the United States; what number have been captured from the enemy in all our battles; what number of
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arms (other than those given by individuals, commonly called sporting guns--rifles or shotguns), of an efficient or modern pattern, are in possession of the Government or in the hand of the soldiers; and what number are manufactured, monthly, at all manufactories employed by the Government, and where those manufactories are situated.
On motion by Mr. Semmes,
The Senate resolved into open legislative 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 29, 1862.
To the President of the Senate of the Confederate States of America:
I nominate the persons named in the accompanying recommendation by the Attorney-General for appointment to office as therein specified.
JEFFERSON DAVIS.
Confederate States of America, Department of Justice,
Richmond, March 26, 1862.
To the President.
Sir: I have the honor to submit the following nominations for this Department:
Very respectfully, your obedient servant,
THS. BRAGG.
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The message was read.
On motion by Mr. Haynes,
The Senate proceeded to the consideration of the nominations of West H. Humphreys, as judge of the district court, and Jesse G. Wallace, as district attorney for the eastern district of Tennessee; and it was
Resolved, That the Senate advise and consent to the appointment of West H. Humphreys and Jesse G. Wallace, agreeably to the nomination of the President.
On motion by Mr. Clay,
The Senate proceeded to the consideration of the nominations of William G. Jones and A. J. Requier; and it was
Resolved, That the Senate advise and consent to the appointment of William G. Jones, to be judge of the district court of Alabama, and A. J. Requier, to be district attorney of the district court of Alabama, and Benjamin Pattison, to be marshal of the district of Alabama, agreeably to the nomination of the President.
On motion by Mr. Sparrow,
Ordered, That the nominations in the foregoing message not this day confirmed be referred to the Committee on Military Affairs.a
[Note a: a So recorded. Subsequent action shows that the nominations were referred to the Committee on the Judiciary.]
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, March 29, 1862.
To the honorable the President of the Senate.
Sir: I nominate L. A. Armistead, of Virginia, for appointment as a brigadier-general in the Provisional Army of the Confederate States of America, agreeably to the inclosed recommendation of the Secretary of War.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Preston,
The Senate resumed the consideration of the nominations of T. R. Dunn and J. H. Munford; and
After debate,
On the question,
Will the Senate advise and consent to the appointment of T. R. Dunn and J. H. Munford?
It was determined in the negative.
So it was
Resolved, That the Senate do not advise and consent to the appointment of T. R. Dunn and J. H. Munford as second lieutenants in the Provisional Army of the Confederate States of America.
On motion,
The Senate resumed the consideration of the nominations of William Palfrey, John T. Purves, and J. P. Butler, to be second lieutenants in the Army of the Confederate States of America; and
After debate,
Resolved, That the Senate advise and consent to their appointment, agreeably to the nomination of the President.
Mr. Baker, from the Committee on Naval Affairs, to whom were referred (on the 27th instant) the nominations of William Mason
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Turner, Edwin G. Booth, and W. J. Addison as assistant surgeons for the war, reported, with the recommendation that all of said nominations be confirmed.
The Senate proceeded to consider the said report; and in concurrence therewith,
Resolved, That the Senate advise and consent to the appointment of William Mason Turner, Edwin G. Booth, and W. J. Addison, agreeably to the nomination of the President.
On motion by Mr. Wigfall,
The Senate resolved into secret legislative session.
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