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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, April 10, 1862.
OPEN SESSION.
The Secretary of the Senate, on yesterday, presented to the President of the Confederate States, for his approbation, the following joint resolution:
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Commerce be instructed to inquire whether any persons within the Confederate States claim to exercise jurisdiction, and claim rights
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and privileges as consuls of foreign countries; and if so, whether any and what legislation is requisite to prevent the same.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (S. 38) authorizing the issuance of Treasury notes under the denomination of five dollars, reported it with amendments.
The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 38) last mentioned; and the reported amendments having been agreed to, 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 inform the House of Representatives thereof.
On motion by Mr. Barnwell,
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) to authorize the employment of clerks at the offices of the Treasurer and assistant treasurers; and having been amended on motion of Mr. Brown, 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.
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.
On motion by Mr. Yancey, that the Secretary communicate to the House of Representatives the adoption by the Senate, on yesterday, of the two additional joint rules,
Mr. Sparrow objected thereto, giving notice that he desired to move a reconsideration of the vote by which said rules were adopted.
The question being raised as to whether any bill or resolution requiring the concurrent action of both Houses could be delayed in its transmission to the House of Representatives, by merely giving notice of an intention to move a reconsideration of the vote by which such bill or resolution had passed, or not,
The President pro tempore took the sense of the Senate thereon; and on the question, Can a member, by objecting to the transmission or communication of a bill or resolution to the House of Representatives, without moving a reconsideration of the vote on the passing thereof, retain such bill or resolution within the control of the Senate?
It was determined in the negative.
The President pro tempore having signed the bill (S. 17) to encourage enlistments in the Corps of Marines, heretofore reported to be truly enrolled, it was delivered to the Secretary, and by him forthwith presented to the President of the Confederate States for his approbation.
The following bills were read the first and second times and referred to the Committee on Military Affairs:
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A message from the House of Representatives, by Mr. Lamar:
The House of Representatives have, by unanimous consent, filled the blank in the bill (H. R. --) to legalize the acts of the district attorney, marshal, and deputy marshals of Tennessee, with the words "twelfth day of December, eighteen hundred and sixty-one;" which bill had been passed by the Senate and House of Representatives, and was returned by the President on account of said blank not being filled.
They have concurred in the amendment of the Senate to the bill (H. R. --) to authorize the Secretary of the Treasury to pay district collectors in certain cases.
They have also passed the following bills and joint resolution, in which they request the concurrence of the Senate:
The following bills were read the first and second times and referred to the Committee on the Judiciary:
The joint resolution (H. R. --) of thanks to the patriotic women of the country for voluntary contributions furnished by them to the Army, 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 pass to a third reading.
The said resolution was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to the consideration of the resolution of the House of Representatives. fixing a day for the adjournment of Congress; and
On motion by Mr. Davis,
Ordered, That it be postponed to and made the special order for Saturday, the 12th instant.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the official report of the battle of Roanoke Island, asked to be discharged from the further consideration of the same, and reported the following resolution; which was considered and agreed to:
Resolved, That the Secretary of the Senate be directed to furnish the Senators from the State of North Carolina, for the convention of that State, a copy of the reports of the officers in relation to the capture of Roanoke Island, which have been communicated to the Senate by the President.
On motion by Mr. Baker,
The Senate resolved into secret legislative session.
The doors being opened,
The following message was received from the House of Representatives, by Mr. Lamar:
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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The following bills were read the first and second times and referred to the Committee on Commerce:
The joint resolution (H. R. --) for the relief of Capt. Ben. Desha was read the first and second times and referred to the Committee on Claims.
The bill (H. R. --) to amend an act entitled "An act to regulate the compensation of members of Congress," etc., was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Yancey,
The Senate adjourned until to-morrow morning at 12 o'clock.
SECRET SESSION.
On motion by Mr. Sparrow,
The vote on the passing of the bill (H. R. --) for the organization of a corps of officers for the working of niter caves and establishing niter beds was reconsidered.
On motion by Mr. Sparrow,
The vote on the engrossment of the same was also reconsidered.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned (H. R. --); and having been amended on motion of Mr. Sparrow, it was reported to the Senate and the amendments were concurred in.
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 Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 32) to raise an army for the Confederate States of America, and to make rules for the government and regulation thereof.
On motion by Mr. Wigfall, to amend the bill by striking out all after the word "Provided," in the fourth line, to the word "Provided," in the sixth line, and inserting:
Shall be kept as a reserve, under such regulations as may be established by the Secretary of War, and that at stated periods of not greater than three months, details, determined by lot, shall be made from said reserve, so that each company shall, as nearly as practicable, be kept full: Provided, That the persons held in reserve may remain at home until called into service by the President: Provided also, That during their stay at home they shall not receive pay.
On motion by Mr. Haynes, to amend the amendment proposed by Mr. Wigfall, by adding thereto:
Provided further, That the persons comprehended in this act shall not be subject to the rules and articles of war until mustered into the actual service of the Confederate States; except that said persons, when enrolled and liable to duty, if they shall willfully refuse to obey said call, each of them shall be held to be a deserter, and punished as such under said articles,
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Wigfall, as amended,
It was determined in the affirmative.
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On motion by Mr. Yancey, to amend the bill by inserting before the last proviso, in the sixth section:
Provided further, That whenever in the opinion of the President the exigencies of the public service may require it, he shall be authorized to call into actual service the entire reserve, or so much as may be necessary, not previously assigned to different companies in service under provision of section four of this act, who shall be organized and officered under provisions of an act entitled "An act for the establishment of the Army of the Confederate States of America:" Provided further, That the officers appointed under this section shall be appointed from the State from which the particular regiment, battalion, or company to which they may be appointed shall be drawn,
A motion was made by Mr. Preston to amend the amendment proposed by Mr. Yancey by striking out the words "who shall be organized and officered under provisions of an act entitled 'An act for the establishment of the Army of the Confederate States of America,'" and inserting in lieu thereof the words "said reserve shall be organized under such rules as the Secretary of War may adopt; provided the company, battalion, and regimental officers shall be elected by the troops composing the same;" and
It was decided in the affirmative.
On motion by Mr. Semmes, to amend the amendment proposed by Mr. Yancey, by striking out the words
Provided further, That the officers appointed under this section shall be appointed from the State from which the particular regiment, battalion, or company to which they may be appointed shall be drawn,
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Yancey, as amended,
It was determined in the affirmative.
On motion by Mr. Orr,
Ordered, The further consideration of the bill be postponed.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have rejected the first of the joint rules reported by the joint committee, marked Rule 18, and have agreed to the second, marked Rule 19.
On motion by Mr. Orr,
Ordered, That the Senate take a recess until 7 o'clock p. m.
7 O'CLOCK P. 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 transmit herewith a letter from the Secretary of the Navy, submitting a proposition for the construction of ironclad vessels in Europe, and commend it to the attention of Congress.
JEFFERSON DAVIS.
Richmond, Va., April 10, 1862.
The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 32) to raise an army for the Confederate States of America, and to make rules for the government and regulation thereof.
On motion by Mr. Orr, that the Senate resolve into open legislative session,
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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. Baker, Clay, Clark, and Orr.
Those who voted in the negative are,
Messrs. Barnwell, Davis, Dortch, Henry, Hunter, Johnson, Lewis, Maxwell, Mitchel, Phelan, Sparrow, Semmes, Simms, Wigfall, and Yancey.
So the Senate refused to go into open session.
On motion by Mr. Sparrow, to amend the bill by inserting, as an independent section:
It was determined in the affirmative.
On motion of Mr. Henry, to amend the bill by striking out, line 6, section 9, the words "the President, by and with the consent of the Senate" and inserting in lieu thereof the word "election,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the bill by striking out, in the ninth section, after "That," in the first line, the words "when the companies now in service, or ready for organization, are organized into battalions, squadrons, or regiments, all vacancies shall be filled by promotion according to seniority, from the company, battalion, squadron, or regiment in which such vacancies shall occur," and inserting in lieu thereof the words
all vacancies shall be filled by the President from the company, battalion, squadron, or regiment in which such vacancies shall occur, by promotion according to seniority: Provided, however, That the President may, when in his opinion it may be proper, fill such vacancy or vacancies by the promotion of any officer or officers, or private or privates, from such company, battalion, squadron, or regiment who shall have been distinguished in the service by exhibition of valor and skill,
A motion was made by Mr. Wigfall to amend the amendment by inserting in the eighth line thereof, after the word "seniority," the words "except in case of disability or other incompetency;" and
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Yancey, as amended,
It was determined in the affirmative.
On motion by Mr. Phelan, to reconsider the vote by which the said amendment as amended was agreed to,
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. Baker, Johnson, Mitchel, Orr, Phelan, and Simms.
Those who voted in the negative are,
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Messrs. Barnwell, Clay, Davis, Dortch, Haynes, Henry, Hunter, Lewis, Maxwell, Oldham, Peyton, Sparrow, Semmes, Wigfall, and Yancey.
So the Senate refused to reconsider.
On motion by Mr. Phelan, to amend the bill by adding to the ninth section the following proviso:
Provided, That when a vacancy occurs in the office of colonel, the lieutenant-colonel and major may, in writing, relinquish their right to such promotion and suggest the appointment of some other person to the said office of colonel, who, if willing to accept, shall be appointed; and that when a vacancy occurs in the office of lieutenant-colonel, the major and senior captain shall have the right to make a similar relinquishment and suggestion; and that when a vacancy occurs in the office of major, the two captains holding the oldest commissions shall have the same right in all respects,
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, Clark, Hunter, Johnson, Lewis, Mitchel, Phelan, Semmes, and Simms.
Those who voted in the negative are,
Messrs. Barnwell, Baker, Davis, Dortch, Haynes, Henry, Maxwell, Orr, Oldham, Peyton, Sparrow, Wigfall, and Yancey.
On motion by Mr. Yancey, to amend the bill by inserting, at the end of the ninth section, the following proviso:
Provided, That all appointments made by the President shall be by and with the advice and consent of the Senate,
It was determined in the affirmative.
On motion by Mr. Haynes, to amend the bill by striking out the tenth section,
It was determined in the affirmative.
On motion by Mr. Haynes, to amend the bill by inserting:
A motion was made by Mr. Sparrow, to amend the proposed amendment by striking out all after the word "That" and inserting:
the pay of all noncommissioned officers, privates, and musicians in the service of the Confederate States shall be fifteen dollars a month, said pay to commence with the second year of the service of such noncommissioned officer, private, or musician.
it was determined in the negative.
The question on agreeing to the amendment proposed by Mr. Haynes then recurring,
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Haynes, Henry, Peyton, Sparrow, Semmes, and Simms.
Those who voted in the negative are,
Messrs. Barnwell, Baker, Clay, Clark, Davis, Dortch, Hunter, Johnson, Lewis, Maxwell, Mitchel, Orr, Oldham, Phelan, Wigfall, and Yancey.
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On motion by Mr. Yancey, to amend the bill by inserting:
A motion was made by Mr. Davis to amend the proposed amendment by striking out the proviso thereof;
When,
After debate,
On motion by Mr. Yancey,
The Senate resolved into open legislative session.
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