PREVIOUS NEXT NEW SEARCH

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --FRIDAY, September 19, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2]
FRIDAY, September 19, 1862.

OPEN SESSION.

On motion by Mr. Maxwell,

The Senate resolved into secret legislative session.

The doors having been opened,

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States, on the 18th instant, approved and signed the following act:

Ordered, That the Secretary inform the House of Representatives thereof.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., September 15, 1862.

To the Senate of the Confederate States:

In compliance with the request expressed in your resolution of the 12th instant, I herewith return your resolution of the 8th instant, asking information as to the number of troops furnished by each State to the Confederate Army since the commencement of the war.

JEFFERSON DAVIS.

The message was read.

Ordered, That it lie on the table.

A message from the House of Representatives, by Mr. Lamar:

Mr. President: The President of the Confederate States, on the 17th instant, approved and signed the following joint resolution:

The President laid before the Senate a communication from the Secretary of the Treasury in relation to the payment of claims of soldiers for arrears of pay, bounty, etc.; which was read.

Ordered, That it be referred to the Committee on the Judiciary.

The President laid before the Senate a communication from the Secretary of the Treasury in relation to the appropriation of the war tax of the State of Arkansas, by the commanding general of the Trans-Mississippi Department; which was read.

Ordered, That it lie on the table.

Mr. Davis, front the Committee on Claims, to whom was referred the bill (H. R. 11) to provide for the payment of certain claims against


Page 294 | Page image

the Confederate States in the State of Missouri, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 11) 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. Semmes submitted the following resolution for consideration:

Resolved, That the President be requested to communicate to the Senate the names of all disbursing officers reported by the Second Auditor to the Comptroller as defaulters, together with the amount now standing charged to each officer so reported, and the date of the last rendition of accounts by each of said officers, and the amount of bond given by them, respectively, for the faithful performance of duty.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 69) 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. Sparrow, as amended, viz:

To insert, as an independent clause, the following:

One overseer on each plantation cultivated exclusively by negro labor, and owned by any person in the military service of the Confederate or State governments, or any minor, or widow, or unmarried person, or person not of sound mind,

On motion by Mr. Orr,

Ordered, That it lie on the table.

On motion by Mr. Semmes, to amend the bill by inserting the following independent clause:

One overseer on each plantation cultivated by negro labor, and owned by any person absent in the service of the Confederate or State governments, or by any minor, widow, or unmarried woman, or person not of sound mind: Provided, That three respectable neighbors of the plantation aforesaid shall make affidavit that such overseer is necessary for the public safety, which affidavit shall be delivered to the enrolling officer.

On motion by Mr. Phelan, to amend the amendment proposed by Mr. Semmes, by striking out the same, and inserting in lieu thereof the following:

One overseer for each plantation cultivated by slave labor, owned by any person in the military service of the Confederate States, or any minor, widow, unmarried woman, or person of unsound mind, on which an overseer was employed at an annual salary, as an overseer only, on the sixteenth day of April last, and on which there is no overseer, or if one, subject to enrollment, or upon which the owner was his own overseer: Provided, That where the owner was his own overseer he, or his representative, shall file, in addition to his affidavit hereinafter required, the affidavit of three respectable citizens residing in the vicinity of said plantation, that an overseer is necessary for the control of the slaves thereon, and the peace and security of the neighborhood: And provided further, That on plantations owned by the same person, not more than five miles apart, only one overseer shall be exempted: And provided also, That the owner, his or her representative, of any such plantation as above specified, shall file his or her affidavit with the governor of the State within which said plantation is located, setting forth the facts above required to entitle such plantation to the benefits of this act, together with the number of slaves thereon between the ages of sixteen and forty-five years, and shall pay into the treasury of the State five dollars for each of said slaves. Thereupon the said owner, his or her representative, shall be entitled to receive from the governor a certificate that he or she has complied with the provisions of this act. Upon the presentation of said


Page 295 | Page image

certificate to an enrolling officer, any person designated by the said owner, his or her representative, if such person so desire, shall be enrolled, but exempted; and the said officer shall indorse opposite such person's name the words "exempted on governor's certificate." If the person desired to be obtained as an overseer be then in the military service of the Confederate States, upon presentation of said certificate to the Secretary of War, or to the commandant of a camp of instruction, or commanding officer of the regiment or battalion to which such person belongs, said person, if he so desire, shall be discharged therefrom, and the officer by whom he is so discharged shall indorse upon the proper muster roll the words "discharged on governor's certificate," and the date thereof; and any person so exempted or discharged, upon leaving the service of the party upon whose application his exemption or discharge was obtained, shall immediately report himself to the nearest camp of instruction, if there be any, within said State; if not, to the commanding general of the department within which said plantation is comprised; but if such person at the time of his discharge was a member of a regiment or battalion, he shall report himself to the commanding officer thereof, and on his failure to report himself as above provided, within sixty days from the time of leaving service as aforesaid, he shall be held and treated in all respects as a deserter.

On motion by Mr. Clark, to amend the words proposed to be stricken out of the amendment proposed by Mr. Semmes, by inserting before the word "service" the word "military,"

Mr. Clay demanded the question; which was seconded, and

The question being put,

Will the Senate agree to the amendment?

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, Burnett, Clark, Davis, Hunter, Lewis, Preston, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Clay, Dortch, Haynes, Henry, Hill, Mitchel, Oldham, Orr, Peyton, Phelan, Semmes, Sparrow, and Yancey.

So the amendment was rejected.

On motion by Mr. Yancey, to amend the words proposed to be stricken out of the amendment proposed by Mr. Semmes, by striking out the words "and owned by any person absent in the service of the Confederate or State governments," and inserting in lieu thereof the following: "upon which as many as twenty slaves are worked, and owned by persons not residing upon the same,"

Mr. Brown demanded the question; which was seconded, and

The question being put,

Will the Senate agree to the amendment?

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. Burnett, Clark, Clay, Hill, Lewis, Mitchel, Oldham, Orr, Semmes, and Yancey.

Those who voted in the negative are,

Messrs. Baker, Brown, Davis, Dortch, Haynes, Henry, Hunter, Maxwell, Peyton, Phelan, Preston, Sparrow, and Wigfall.

So the amendment was rejected.

The question then recurring on the amendment proposed by Mr. Phelan to the amendment proposed by Mr. Semmes,


Page 296 | Page image

Mr. Clay demanded the question; which was seconded, and

The question being put,

Will the Senate agree to the amendment?

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. Phelan, Preston, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Burnett, Clark, Clay, Davis, Dortch, Haynes, Henry, Hill, Lewis, Maxwell, Mitchell, Oldham, Orr, Peyton, Semmes, Sparrow, and Yancey.

So the amendment was rejected.

On motion by Mr. Clay, that the vote on the rejection of the amendment proposed by Mr. Yancey to the amendment proposed by Mr. Semmes, providing for the exemption of one overseer on each plantation upon which as many as twenty slaves are worked, etc., be reconsidered.

Mr. Clay demanded the question; which was seconded, and

The question being put,

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. Burnett, Clark, Clay, Henry, Hill, Mitchel, Oldham, Orr, Semmes, Sparrow, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Davis, Dortch, Haynes, Lewis, Maxwell, Peyton, Phelan, and Preston.

The said amendment being again under consideration,

Mr. Yancey (by consent) modified the same; and

On the question to agree to the amendment as modified,

Mr. Clay demanded the question; which was seconded;

Pending which,

On motion by Mr. Orr, that the Senate adjourn,

It was determined in the negative.

The question then recurring on the amendment proposed by Mr. Yancey,

On the question to agree thereto,

On motion by Mr. Dortch,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Clark, Clay, Henry, Hill, Orr, Semmes, Sparrow, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Baker, Burnett, Davis, Dortch, Haynes, Lewis, Maxwell, Mitchel, Peyton, Phelan, and Preston.

So the amendment, upon reconsideration, was rejected.

On motion by Mr. Orr, to amend the amendment proposed by Mr. Semmes, by inserting before the word "one," in the first line thereof,


Page 297 | Page image

the words "persons exempted from military duty by ordinance of any State convention; and,"

After debate,

On motion by Mr. Dortch,

The Senate adjourned until to-morrow morning at 12 o'clock.

SECRET SESSION.

A message 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.

Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled

A bill (H. R. 3) to authorize an issue of Confederate States bonds, to meet a contract made by the Secretary of the Navy for six ironclad vessels of war, and steam engines and boilers.

The President having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate, and by hint forthwith presented to the President of the Confederate States for his approval.

The Senate proceeded to the consideration of the resolution submitted by Mr. Haynes on the 15th instant in relation to the fortification of the Tennessee and Cumberland rivers.

Mr. Haynes (by consent) modified the resolution so as to read:

Resolved, That the Committee on Military Affairs be instructed to report a bill to the Senate directing that it shall be the duty of the President of the Confederate States to provide for the fortification and defense of the Cumberland, Tennessee, and Alabama rivers.

On motion by Mr. Clay, to amend the resolution by striking out all after the word "Resolved" and inserting:

That, in the opinion of the Senate, the rivers Tennessee and Cumberland, in the States of Kentucky and Tennessee, and the river Alabama, in the State of Alabama, should, at the earliest practicable period, be put in a state of defense by obstructions in their channels, and by field or other fortifications near the points obstructed, and that the attention of the War and Navy Departments is hereby called to these matters of defense, that they may, if they deem it necessary, ask for the requisite appropriations for such defenses.

On motion by Mr. Maxwell, to amend the amendment proposed by Mr. Clay by inserting after "Alabama," in the fourth line, the words "and the Apalachicola River in the State of Florida,"

It was determined in the negative.

On motion by Mr. Sparrow, to amend the amendment proposed by Mr. Clay by adding thereto the words "and also such defenses on the Mississippi River as will protect the mouths of White, Arkansas, Yazoo, and Red rivers,"

It was determined in the affirmative.

On motion by Mr. Burnett, that the resolution and amendment lie on the table,

The question being put,

A division of the Senate was called for; and

It appearing on a count that the Senate were equally divided,

The Secretary, under the thirtieth rule of the Senate, took the decision of the President, who voted in the negative.


Page 298 | Page image

So the motion was not agreed to.

On the question to agree to the amendment proposed by Mr. Clay, as amended,

Mr. Clay demanded the question; which was seconded, and

The question being put,

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. Burnett, Clark, Clay, Hill, Hunter, Lewis, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Haynes, Henry, Preston, and Yancey.

So the amendment as amended was agreed to.

On the question to agree to the resolution as amended,

Mr. Hill demanded the question; which was seconded, and

The question being put,

Will the Senate agree to the resolution?

It was determined in the affirmative.

So the resolution as amended was agreed to.

The Senate proceeded to the consideration of the resolution submitted by Mr. Haynes on the 15th instant, instructing the Committee on Naval Affairs to require into the expediency of building a sufficient number of gunboats for the defense of the Tennessee and Cumberland rivers; and

The resolution was agreed to.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, September 15, 1862.

To the Senate of the Confederate States:

I nominate the officers on the accompanying list to the rank affixed to their names, respectively, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, September 1, 1862.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

I am, sir, respectfully, your obedient servant,

G. W. RANDOLPH,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

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. B. N. Harrison, his Secretary:

Richmond, September --, 1862.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, September 15, 1862.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

I am, sir, respectfully, your obedient servant,

GEO. W. RANDOLPH,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

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. B. N. Harrison, his Secretary:

Richmond, September 12, 1862.

To the Senate of the Confederate States:

Agreeably to the recommendations of the Secretary of War, I nominate the officers on the accompanying list to the rank affixed to their names, respectively.

JEFFERSON DAVIS.

Confederate States of America, War Department,
Richmond, September 11, 1862.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:


Page 307 | Page image

I am, sir, respectfully, your obedient servant,

GEO. W. RANDOLPH,
Secretary of War.

To His Excellency Jefferson Davis,
President, etc.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

Mr. Semmes, from the Committee on the Judiciary, to whom was referred (on the 12th instant) the message of the President requesting the advice of the Senate as to the meaning of the first clause of the sixth article of the Constitution, submitted a report (No. 3) accompanied by a resolution defining the meaning of said clause.

On motion by Mr. Semmes,

Ordered, That the report and resolution lie on the table and that they be printed.

On motion by Mr. Sparrow,

The Senate resolved into open legislative session.

PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR


PREVIOUS NEXT NEW SEARCH