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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, September 11, 1862.
OPEN SESSION.
On motion by Mr. Haynes,
The Senate resumed the consideration of the resolution submitted by him yesterday, instructing the Committee on the Judiciary to inquire into the expediency of providing by law for securing the freedom of speech and the press, and to punish the abuse thereof, to secure trial by jury to citizens charged with crime, and to abolish martial law.
Mr. Haynes having modified the same by striking out the words "for the abuse of such freedom when exercised to disturb the public peace, or incite to" and inserting in lieu thereof the words "upon any person who attempts or stirs up,"
The resolution as modified was agreed to.
On motion by Mr. Phelan, to reconsider the vote on agreeing to the resolution last mentioned,
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Mr. Phelan voted in the affirmative.
Those who voted in the negative are,
Messrs. Baker, Brown, Davis, Dortch, Haynes, Henry, Hill, Hunter, Lewis, Maxwell, Mitchel, Oldham, Orr, Peyton, Preston, Semmes, Simms, Wigfall, and Yancey.
So the motion was disagreed to.
Mr. Clark submitted the following motion for consideration:
Ordered, That the vote on agreeing to the resolution to adjourn the
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present session of Congress on the 30th of September, instant, be reconsidered.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill (H. R. 5) to provide for the further issue of Treasury notes; in which they request the concurrence of the Senate.
The bill (H. R. 5) communicated from the House of Representatives for concurrence was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Orr,
Ordered, That the Committee on Foreign Affairs be discharged from the further consideration of the resolution declaring the objects of the present war, and that it lie on the table.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 75) to regulate the nomination and appointment of brigadier-generals, reported it, with the recommendation that it ought not to pass.
He also submitted a report (No. 1) in relation to the same subject; and
On motion by Mr. Hill,
Ordered, That the bill and report lie on the table and that they be printed.
Mr. Henry, from the Committee on Finance, to whom was referred the bill (S. 68) to declare the true meaning and intention of the act entitled "An act to define more accurately the exemption of certain goods from duty," reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 68) 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 request the concurrence of the House of Representatives therein.
The following message was received from the President of the Confederate States, by Mr. Ives:
Executive Office,
Richmond, September 9, 1862.
To the President of the Senate:
I herewith transmit to your honorable body a letter from the Secretary of War, in response to the resolution adopted September 5, requesting me to inform the Senate "by what authority persons enrolled for military service under the act of sixteenth April, eighteen hundred and sixty-two, entitled 'An act to further provide for the public defense,' are assembled and detained in camps of instruction before being ordered into actual service."
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
The following message was received from the President of the Confederate States, by Mr. Ives:
Confederate States of America, Executive Office,
Richmond, September 4, 1862.
To the President of the Senate:
I have the honor to transmit the accompanying communication from the Secretary of War, in reply to a resolution of the Senate requesting certain information concerning the appointment and pay of provost-marshals.
JEFFERSON DAVIS.
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The message was read.
On motion by Mr. Oldham,
Ordered, That it lie on the table and be printed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 62) to amend an act entitled "An act to exempt certain persons from enrollment for service in the Army of the Confederate States," approved 21st April, 1862.
The question being on agreeing to the amendment proposed to the bill by Mr. Dortch, viz: After the word "post-office," in line 7, to insert the words "and justices of the peace."
After debate,
On motion by Mr. Orr,
The Senate resolved into executive session.
The doors having been opened,
The following message was received from the President of the Confederate States, by Mr. William M. Browne:
Executive Office,
Richmond, September 11, 1862.
To the Senate of the Confederate States:
In reply to the resolution of your honorable body of the 8th instant, requesting information concerning the detention, at certain points, of the Great Southwestern Mail, I herewith transmit a communication from the Postmaster-General.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
The following message was received from the President of the Confederate States, by Mr. William M. Browne:
Richmond, Va., September 11, 1862.
To the Senate and House of Representatives:
The circumstances necessarily surrounding an army operating in presence of an enemy render it inexpedient, next to impossible, to assemble frequent courts-martial, and to detail for them the best officers of the Army.
The ordinary attendant of the circumstances referred to, is frequent offenses against military discipline and trespass upon the property of individuals inhabiting the country.
To correct these evils it is believed to be desirable that Congress should give authority to institute a commission to attend each army in the field, to be composed of men whose character and knowledge of the modes of administering justice would give the best assurance for the punishment of crime, the protection of private rights, and the security of the citizens of the country occupied by the enemy.
Could courts-martial be assembled as frequently as occasion required, their functions, under existing laws, being limited to the consideration of offenses defined by the Rules and Articles of War, it will be perceived that a great variety of outrages against private rights might be committed, of which a court-martial could not directly take cognizance.
Under ordinary circumstances, offenders in such cases would be turned over to the civil courts for trial. In a foreign country, or where the courts can not hold their sessions, this is impossible, and in the case of a marching army would, for obvious reasons, be ineffectual. The witnesses, whose testimony is indispensable to conviction, would generally follow the march of the army and be out of the reach of the courts.
The powers delegated by the Constitution "to make rules for the government and regulation of the land and naval forces," and "to ordain and establish from time to time inferior courts," would seem ample to justify such legislation as is herein recommended, especially as the necessity for the ordinary forms of indictment and trial "for capital and otherwise infamous crimes," is expressly dispensed with by the Constitution "in cases arising in the land or naval forces, or in the militia when in actual service in time of war."
JEFFERSON DAVIS.
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The message was read.
Ordered, That it be referred to the Committee on the Judiciary.
On motion by Mr. Hill,
The Senate adjourned until to-morrow morning at 12 o'clock.
SECRET SESSION.
On motions severally made by Mr. Hunter, Mr. Clay, and Mr. Phelan,
Ordered, That they be excused from serving on the joint committee to investigate the management of the Naval Department.
Mr. Sparrow submitted the following resolution:
Resolved, That the President be requested to return to the Senate the resolution passed on the eighth instant, calling for the number of troops each State has furnished.
Pending the consideration of which,
On motion by Mr. Hill,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
Mr. Orr submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire and report whether the officers, civil and military, appointed during the Provisional Government, should not be reappointed under the permanent Constitution.
The following message was received from the President of the Confederate States, by Colonel Browne:
Confederate States of America, Executive Office,
Richmond, September 11, 1862.
To the Senate of the Confederate States:
I herewith nominate, in accordance with the accompanying recommendation from the Postmaster-General, Reuben T. Thom for appointment as postmaster at Fredericksburg, Va.
JEFFERSON DAVIS.
Confederate States of America, Post-Office Department,
Richmond, September 10, 1862.
Sir: I have the honor to submit the name of Reuben T. Thom for appointment as postmaster at Fredericksburg, Va.
Very respectfully, your obedient servant,
JOHN H. REAGAN,
Postmaster-General.
The President.
The message was read; and
On motion by Mr. Hunter,
The Senate proceeded to consider the nomination contained therein; and
Resolved, That the Senate advise and consent to the appointment of Reuben T. Thom, agreeably to the nomination of the President.
The following message was received from the President of the Confederate States, by Colonel Browne:
Confederate States of America, Executive Office,
Richmond, September 5, 1862.
To the Senate of the Confederate States:
In accordance with the accompanying recommendations from the Postmaster-General, I herewith nominate William Priestly for appointment as postmaster of Canton, Miss., and Joseph C. Guild as postmaster of Tuscaloosa, Ala.
JEFFERSON DAVIS.
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Confederate States of America, Post-Office Department,
Richmond, September 5, 1862.
Sir: I have the honor to submit the name of Joseph C. Guild for appointment as postmaster at Tuscaloosa, Ala.; the name of William Priestly for appointment as postmaster at Canton, Miss.
Very respectfully, your obedient servant,JOHN H. REAGAN,
Postmaster-General.
The President.
The message was read; and
On motion by Mr. Clay,
The Senate proceeded to the consideration of the nomination of Joseph C. Guild; and
Resolved, That the Senate advise and consent to the appointment, agreeably to the nomination of the President.
Ordered, That the nomination of William Priestly be referred to the Committee on Post-Offices and Post-Roads.
The following message was received from the President of the Confederate States, by Colonel Browne:
Richmond, September 11, 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.
Navy Department, Confederate States of America,
Richmond, September 8, 1862.
The President.
Sir: I have the honor to recommend the following nominations for appointment in the Navy:
With much respect, your obedient servant,
S. R. MALLORY,
Secretary of the Navy.
The message was read.
Ordered, That it he referred to the Committee on Naval Affairs.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
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