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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, September 1, 1862.
OPEN SESSION.
Mr. Baker presented a petition of certain inmates of the Winder Hospital, praying the passage of a law for the removal of all old and infirm men therefrom to their respective States, and attaching them to guerrilla or artillery service therein; which was referred to the Committee on Military Affairs.
Mr. Simms (by leave) introduced
A joint resolution (S. 13) providing for the presentation of medals or badges to such officers and soldiers in the Confederate States Army as have or may hereafter distinguish themselves by deeds of personal gallantry on the battlefield;
which was read the first and second times; and
On motion by Mr. Simms,
Ordered, That it lie on the table.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 57) to punish and repress the importation of notes purporting to be notes of the Treasury of the Confederate States, reported it with an amendment.
On motion by Mr. Hill,
Ordered, That it be printed.
On motion by Mr. Davis,
Ordered, That the Committee on Claims be discharged from the further consideration of the following subjects:
Mr. Davis, from the Committee on Claims, reported
A bill (S. 69) for the relief of disbursing officers and other agents of the Government, 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 bill was read the third time.
Resolved, That it pass, and that the title thereof he as 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 House of Representatives have passed a bill (H. R. 2) authorizing the discharge of private soldiers under 18 years of age, and prohibiting the enlistment of such persons; in which they request the concurrence of the Senate.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 67) 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 26th February, 1861; and
After debate,
On motion by Mr. Hill,
Ordered, That the further consideration of the bill be postponed for the present, and that it be printed.
The Senate resumed, as in Committee of the Whole, the consideration
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of the bill (S. 54) to amend an act entitled "An act to organize partisan rangers," approved 21st April, 1862; and
On motion by Mr. Davis, to amend the bill by striking out all of the first section, after the enacting clause, as follows:
That hereafter no authority shall be granted to raise or organize bands of partisan rangers within the limits of any military district, except where the companies or regiments composing the military force of said district are filled to the maximum number.
After debate,
On motion by Mr. Brown,
Ordered, That the further consideration of the bill be, for the present, postponed.
On motion by Mr. Brown,
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 56) providing for substitutes in certain cases, and detailing privates for police duty.
The question being on agreeing to the amendment proposed to the bill by Mr. Barnwell, viz, by striking out, in the second section, the word "may," in the second line, and inserting in lieu thereof the word "shall;" by striking out, from the second to the fifth lines, the words "within the limits of their respective commands, when they believe the safety of any locality may require it, upon the recommendation of five respectable citizens of any county or parish;" by striking out the word "not" and the word "except," in the twelfth line, and by inserting after the word "application," in the thirteenth line, the words "and designation."
Mr. Barnwell modified the same by inserting after the word "the" in the first line, the words "Secretary of War, or," and after the word "thereon," in the tenth line, the words "and to act as an overseer;" and
On motion by Mr. Phelan, that the amendment lie on the table,
It was determined in the negative.
The question then recurring on the amendment proposed by Mr. Barnwell, as modified, was put; and
It was determined in the affirmative.
So the amendment was agreed to.
On motion by Mr. Simms, to amend the bill by striking out the second section,
It was determined in the negative.
On motion-by Mr. Phelan, to amend the bill by striking out all after the enacting clause and inserting the following:
That in all cases where substitutes are allowed and received for persons liable to military duty the person furnishing the substitute shall guarantee the fidelity of the party so substituted; and, in case said substitute shall desert, the person by whom he was furnished shall be held to service as if no substitute had been provided.
It was determined in the negative.
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; and
On motion by Mr. Phelan, to amend the title thereof by adding the words "and to act as overseers,"
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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, Barnwell, Davis, Hill, Phelan, and Preston.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Dortch, Henry, Mitchell, Oldham, Orr, Semmes, Simms, Sparrow, Wigfall, and Yancey.
So it was
Resolved, That this bill 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. Brown,
The Senate resumed, as in the Committee of the Whole, the consideration of the bill (S. 54) to amend an act entitled "An act to organize bands of partisan rangers," approved 21st April, 1862.
The question being on agreeing to the amendment proposed by Mr. Davis, viz, to strike out all of the first section, after the enacting clause,
Mr. Burnett moved to postpone the further consideration of the bill until the first Monday in December next; and the motion being put,
It was determined in the negative.
After debate,
On motion by Mr. Clay,
Ordered, That the further consideration of the bill be postponed until to-morrow.
Mr. Clay submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Military Affairs be instructed to inquire what number of quartermasters, assistant quartermasters, and post quartermasters are employed in a regiment, brigade, or division of our Army, with the rank and pay of each grade; also, what number of clerks are employed in each grade of the Quartermaster's Department, with the pay of each grade.
And that they further inquire what number of commissaries and assistant commissaries are employed in a regiment, brigade, or division of our Army, and the rank and pay of each; also, what number of clerks are employed in each grade of the Commissary Department, with the pay of each grade.
And that they further inquire whether all of the officers of the Quartermaster's and Commissary Departments are necessary for the public service; and, if not, what grade of each department, or what supernumeraries in either grade, may be dispensed with and their offices abolished.
And that they further inquire whether any other guards against frauds on the Government, by officers or employees in either of those departments, are necessary; and that they have leave to report by bill or otherwise.
On motion by Mr. Clay,
The Senate adjourned until to-morrow morning at 12 o'clock.
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