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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 --WEDNESDAY, September 17, 1862.
OPEN SESSION.
Mr. Maxwell presented a memorial of Walker Anderson, praying remuneration for the loss of certain moneys; which was referred to the Committee on Claims.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 7) in relation to the transfer of troops, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 7) last mentioned; and no amendment being made, it was reported to the Senate.
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.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 10) to regulate the rank of officers of the provisional corps of engineers, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 10) last mentioned; and no amendment being made, it was reported to the Senate.
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.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 6) to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States, reported it with an amendment.
On motion by Mr. Burnett,
Ordered, That the amendment be printed.
On motion by Mr. Orr, that the Senate proceed to the consideration of the bill (S. 73) to amend an act entitled "An act for the establishment
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and organization of a general staff for the Army of the Confederate States of America,"
It was determined in the negative.
Mr. Burnett submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary inquire into the propriety of so amending existing laws as to require all disbursing officers of the Government to execute a covenant, instead of a bond, with stipulated penalty; and that they report by bill.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled the following bills:
The President having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate, and by him forthwith presented to the President of the Confederate States for his approval.
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. Hill, viz: To strike out, in lines 30 and 31, the words "licensed to preach according to the rules of his sect" and inserting, after the word "ministerial," line 32, the words "and pastoral,"
Mr. Hill withdrew the same.
On motion by Mr. Sparrow, to amend the bill by striking out, line 30, the words "the gospel" and inserting in lieu thereof the word "religion," and by striking out, in the same line, the word "licensed" and inserting in lieu thereof the word "authorized,"
It was determined in the affirmative.
On motion by Mr. Clark, to amend the bill by inserting after the word "religion," line 30, the words "over the age of thirty-five years,"
It was determined in the negative.
On motion by Mr. Sparrow, to amend the bill by inserting after the word "duties," line 32, the words "all persons who have been and now are members of the Society of Friends and the Association of Dunkers, in regular membership in their respective denominations,"
It was determined in the affirmative.
On motion by Mr. Clark, that the vote on agreeing to the amendment exempting the members of the Society of Friends and the Association of Dunkers [be reconsidered]; and
After debate,
Mr. Maxwell demanded the question; which was seconded, and
The question being put,
Will the Senate reconsider the vote on the amendment?
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On motion by Mr. Clark,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Hill, Maxwell, Phelan, and Semmes.
Those who voted in the negative are,
Messrs. Burnett, Davis, Haynes, Henry, Hunter, Lewis, Orr, Peyton, Preston, Sparrow, Wigfall, and Yancey.
So the motion was not agreed to.
On motion by Mr. Hill, to amend the bill by inserting, after the word "physicians," line 32, the words "who are now and for the last five years have been."
On motion by Mr. Phelan, to amend the amendment proposed by Mr. Hill by striking out the same and inserting in lieu thereof the words
one physician, who has been in the practice of his profession, as his regular vocation, for at least two years from the passage of this act, for everypopulation of the county in which he resides; said physician to be selected by the county courts of the respective counties,
It was determined in the negative.
The question then recurring on the amendment proposed by Mr. Hill,
On the question to agree thereto,
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out, in lines 33, 34, 35, 36, and 37, the words
all shoemakers and tanners engaged in the manufacture of shoes or leather; and harness makers and saddlers actually employed in their trades; all millers actually employed in manufacturing breadstuffs or subsistence:
and inserting
all shoemakers, tanners, harness makers, saddlers, blacksmiths, wagon makers, millers, and millwrights, skilled and actually employed, as their regular vocation, in said trades, whilst so actually employed: Provided, Said persons shall make oath, in writing, that they are so skilled, and actually employed at the time, as their regular vocation, in one of the above trades.
On motion by Mr. Davis, to amend the amendment proposed by Mr. Phelan by striking out the words
Provided, Said persons shall make oath, in writing, that they are so skilled, and actually employed at the time, as their regular vocation, in one of the above trades,
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. Davis, Dortch, Haynes, Lewis, Maxwell, Semmes, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clark, Henry, Hill, Hunter, Mitchel, Orr, Peyton, Phelan, Preston, and Sparrow.
So the amendment was rejected.
On motion by Mr. Semmes, to amend the amendment proposed by Mr. Phelan by inserting after the word "trades," at the end of said amendment, the words "which affidavit shall only be prima facie evidence of the facts therein stated,"
It was determined in the affirmative.
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The question then recurring on the amendment proposed by Mr. Phelan as amended,
On the question to agree thereto,
It was determined in the affirmative.
So the amendment as amended was agreed to.
On motion by Mr. Dortch, to amend the bill by striking out, in line 43, the words "and operators,"
It was determined in the negative.
On motion by Mr. Yancey, to amend the bill by striking out, in line 45, the word "professors" and inserting in lieu thereof the word "teachers,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the bill by striking out, in line 45, the word "and," after the word "colleges," and inserting, after the word "academies," the words "and schools, who have been regularly engaged as such for two years previous to the passage of this act,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the bill by inserting, after the word "act," in the amendment last agreed to, the words "and all students in colleges under twenty-one years of age,"
After debate,
Mr. Semmes 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. Preston, to amend the bill by striking out, in lines 46, 47, and 48, the words "and students in theological seminaries, being candidates for admission to the Christian ministry,"
On motion by Mr. Davis, to amend the words proposed to be stricken out by inserting after the word "and," in line 46, the words "all persons who at the commencement of the war were and still are,"
After debate,
Mr. Sparrow 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.
The question then recurring on the amendment proposed by Mr. Preston,
Mr. Phelan demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
It was determined in the affirmative.
So the amendment was agreed to.
On motion by Mr. Hill, to amend the bill by striking out front the word "war" in the forty-fourth line, to the word "all," in the forty-eighth line, the words
all presidents and teachers of colleges, academies, and schools, who have been regularly engaged as such for two years previous to the passage of this act, and theological seminaries,
Mr. Hill demanded the question; which was seconded, and
The question being put,
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Will the Senate agree to the amendment?
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. Brown, Clark, Hill, and Phelan.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clay, Davis, Dortch, Haynes, Hunter, Lewis, Maxwell, Mitchel, Orr, Peyton, Preston, Semmes, Sparrow, Wigfall, and Yancey.
So the amendment was rejected.
On motion by Mr. Semmes, to amend the bill by inserting after the word "seminaries," line 46, the words
all artisans, mechanics, and employees in the establishments of the Government for the manufacture of arms, ordnance, ordnance stores, and other munitions of war, who may he certified by the officer in charge thereof as necessary for such establishments; also, all artisans, mechanics, and employees in the establishments of such persons as are or may be engaged under contracts with the Government in furnishing arms, ordnance, ordnance stores, and other munitions of war: Provided, That the Chief of the Ordnance Bureau, or some ordnance officer authorized by him for the purpose, shall approve of the number of the operatives required in such establishments,
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the bill by inserting after the words "required in such establishments," in the amendment last agreed to, the words
all persons employed in the manufacture of arms or ordnance of any kind by the several States, or by contracts to furnish the same to the several State governments, whom the governor or secretary of state thereof may certify to be necessary to the same,
It was determined in the affirmative.
On motion by Mr. Brown, to amend the bill by inserting after the words "necessary to the same," in the amendment last agreed to, the words
all persons engaged in the construction of ships, gunboats, engines, sails, or other articles necessary to the public defense, under the direction of the Secretary of the Navy,
It was determined in the affirmative.
On motion by Mr. Sparrow, to amend the bill by inserting after the word "Navy," in the amendment last agreed to, the words
one overseer on each plantation cultivated exclusively by negro labor, and owned by any person in the civil or military service of the Confederate or State governments, or any minor, or widow, or unmarried woman, or person not of sound mind,
On motion by Mr. Preston, to amend the amendment proposed by Mr. Sparrow, by striking out the words "civil or,"
On motion by Mr. Phelan, that the Senate adjourn,
On motion by Mr. Maxwell,
Ordered, That when the Senate adjourn it be to Friday next.
The question then recurring on the motion submitted by Mr. Phelan, that the Senate adjourn,
It was determined in the negative.
The question then recurring on the amendment proposed by Mr. Preston to the amendment proposed by Mr. Sparrow,
After debate,
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Mr. Yancey demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
It was determined in the affirmative.
So the amendment was agreed to.
On the question to agree to the amendment proposed by Mr. Sparrow, as amended,
A debate arose; and
On motion by Mr. Orr,
The Senate adjourned.
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