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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 --TUESDAY, September 16, 1862.
OPEN SESSION.
Mr. Maxwell (by leave) introduced
A bill (S. 86) to establish the court for the investigation of claims against the Government of the Confederate States;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Lewis submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of War be requested to inform the Senate what has been the whole number of troops in the State of Georgia enrolled and brought into military service by conscription; what has been the number of officers and men engaged in collecting said conscripts, and what has been their cost to the Government. If an answer can not now be given with correctness and certainty, an answer approximately is respectfully solicited.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills and a joint resolution of the following titles:
In which bills and resolution they request the concurrence of the Senate.
Mr. Orr presented a memorial of 360 inmates of Chimborazo Hospital, praying a modification of the laws in relation to the granting of furloughs; which was referred to the special committee appointed to investigate the complaints made by the sick and wounded in the Army of the Confederate States of inattention and neglect on the part of the medical officers.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 72) to amend an act passed 30th April [August], 1861, for the sequestration of estates, property, and effects of alien enemies, reported it with an amendment.
On motion by Mr. Hill,
Ordered, That the amendment be printed.
The following bills and joint resolution were severally read the first and second times and referred to the Committee on Military Affairs:
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The bill (H. R. 11) to provide for the payment of certain claims against the Confederate States in the State of Missouri was read the first and second times and referred to the Committee on Claims.
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 by Mr. Maxwell to the amendment proposed by Mr. Dortch, viz: To strike out the words "justices of the peace" and insert in lieu thereof the words "such State officers as the State may authorize to be excepted,"
Mr. Maxwell modified the same, at the suggestion of Mr. Phelan, by striking out the word "excepted" and inserting in lieu thereof the word "enrolled."
Mr. Dortch also (by consent) modified his amendment, at the suggestion of Mr. Burnett, by striking out the words "justices of the peace" and inserting in lieu thereof the words "except such State officers as the several States may have declared by law to be liable to militia duty, or may hereafter be excepted by the several States."
The question then recurring on the amendment proposed by Mr. Maxwell, as modified, to the amendment proposed by Mr. Dortch, as modified,
On the question to agree thereto,
On motion by Mr. Yancey,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clay, Haynes, Maxwell, Mitchel, Orr, Peyton, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Davis, Dortch, Henry, Hill, Hunter, Lewis, Oldham, Phelan, Preston, Semmes, and Sparrow.
So the amendment was rejected.
The question then recurring on the amendment proposed by Mr. Dortch, as modified,
On the question to agree thereto,
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. Burnett, Clark, Clay, Davis, Dortch, Haynes, Henry, Hill, Hunter, Lewis, Orr, Phelan, Semmes, and Sparrow.
Those who voted in the negative are,
Messrs. Baker, Brown, Maxwell, Mitchel, Oldham, Peyton, Preston, Wigfall, and Yancey.
On motion by Mr. Orr, to amend the bill by inserting after the word "States," in the seventh line, the words "and the officers of the militia in the several States,"
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It was determined in the negative.
On motion by Mr. Davis, to amend the bill by striking out till after the word "law," in the eleventh line, to the word "are," in the fifty-first line, and inserting
and such other persons as may be exempted by the Secretary of War upon the ground of the public interests, by regulations to be made by him for that purpose.
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Davis by inserting after the word "purpose;" as follows:
Provided, That all blacksmiths, all pilots and persons engaged in the marine service; the president, superintendents, and conductors, treasurer, clerk, engineers, managers, mechanics in the active service and employment of railroad companies, net to embrace laborers, porters, and messengers; the president, general superintendent, captains, engineers, chief clerk, and mechanics of all companies engaged in river and canal navigation, and all captains of boats and engineers therein employed; all foremen, pressmen, and Journeymen printers employed in printing newspapers having at least one thousand bona fide subscribers, and those employed in printing for the state governments; every minister of religion licensed to preach according to the rules of his sect, and in regular discharge of ministerial duties; all physicians in actual practice of their profession all millers and engineers actually employed in manufacturing breadstuffs; superintendents and operators in woo and cotton factories, and in the production and manufacture of coal and iron, are hereby exempted from military service.
On motion by Mr. Sparrow, that both the amendments lie on the table,
On motion by Mr. Davis,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Clay, Haynes, Henry, Hill, Hunter, Lewis, Maxwell, Mitchel, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Davis, Dortch, and Wigfall.
So the amendments were laid on the table.
On motion by Mr. Hill, to amend the bill by striking out, in the eleventh and twelfth lines, the words "all persons actually engaged in carrying the mail,"
It was determined in the affirmative.
On motion by Mr. Hill, to amend the bill by striking out, in the twelfth, thirteenth, and fourteenth lines, the words "all ferrymen on post routes, not to exceed one in number at any locality,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by inserting after the word "the," in line 14, the word "merchant,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by striking out, in the fifteenth, sixteenth, seventeenth, and eighteenth lines, the words
the president, superintendents, conductors, treasurer, chief clerk, engineers, managers, mechanics in the active service and employment of railroad companies, not to embrace laborers, porters, and messengers,
On motion by Mr. Davis, to amend the words proposed to be stricken out by inserting, after the word "managers," in the sixteenth line, the words "station agents, section masters, two expert track hands to each section of eight miles; and"
It was determined in the affirmative.
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On the question to agree to the amendment proposed by Mr. Semmes,
After debate,
Mr. Hill demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
It was determined in the negative.
So the amendment was rejected.
On motion by Mr. Baker, to amend the bill by inserting after the word "messengers," in the eighteenth line, the words "presidents, cashiers, and tellers of banks,"
It was determined in the negative.
On motion by Mr. Yancey, to amend the bill by striking out, from the eighteenth to the twenty-third line, the words
the president, general superintendent, and operators of telegraph companies, the local superintendent and operators of said companies, not to exceed four in number at any locality but that of the seat of government of the Confederate States,
It was determined in the negative.
On motion by Mr. Davis, to amend the bill by inserting after the word "all," line 26, the word "editors,"
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Davis by striking out the word "editors" and inserting in lieu thereof the words "one editor for each paper,"
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Davis, as amended,
On motion by Mr. Yancey,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Clay, Davis, Lewis, Peyton, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Brown, Burnett, Dortch, Haynes, Henry, Hill, Hunter, Maxwell, Mitchel, Orr, Phelan, Preston, Semmes, and Wigfall.
So the amendment as amended was rejected.
On motion by Mr. Yancey, to amend the bill by inserting after "foremen," line 26, the word "pressmen,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the bill by inserting after "newspapers," line 28, the words "having at least one thousand bona fide subscribers,"
It was determined in the negative.
On motion by Mr. Yancey, to amend the bill by inserting after the word "newspapers," line 28, the words "having at least five hundred bona fide subscribers,"
It was determined in the affirmative.
On motion by Mr. Hill, to amend the bill by striking out, in the thirtieth, thirty-first, and thirty-second lines, the words "every minister of the gospel, licensed to preach according to the rules of his sect, and in the regular discharge of ministerial duties,"
On motion by Mr. Yancey,
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The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Clark, Hill, and Lewis.
Those who voted in the negative are,
Messrs. Baker, Clay, Davis, Dortch, Haynes, Henry, Hunter, Maxwell, Mitchel, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, Wigfall, and Yancey.
So the amendment was rejected.
On motion by Mr. Hill, to amend the bill by striking out, in lines 30 and 31, the words "licensed to preach according to the rules of his sect, and" and inserting after the word "ministerial," line 32, the words "and pastoral,"
After debate,
On motion by Mr. Dortch,
The Senate adjourned until to-morrow morning at 12 o'clock.
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