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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 --SATURDAY, September 20, 1862.
OPEN SESSION.
Mr. Baker (by leave) introduced
A bill (S. 87) to amend an act to provide for auditing the accounts of the Post-Office Department, approved May 16, 1861;
which was read the first and second times and referred to the Committee on Finance.
Mr. Dortch presented a memorial of certain medical officers of the Navy in relation to rank, etc.; which was referred to the Committee on Naval Affairs.
Mr. Haynes, from the Committee on the Judiciary, who were instructed by a resolution of the Senate to inquire into the subject, reported
A bill (S. 88) to punish insurrection or rebellion against the Confederate States;
which was read the first and second times and ordered to be placed upon the Calendar and printed.
Mr. Hill, from the Committee on the Judiciary, to whom was referred a petition of the board of managers of the Bible Society of the Confederate States of America, reported
A bill (S. 89) for the relief of the Bible Society of the Confederate States of America;
which was read the first and second times and ordered to be placed upon the Calendar and printed.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 85) to amend the twelfth section of an act amendatory of the sequestration law, approved February 15, 1862; reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 85) last mentioned; and no amendment being made, it was reported to the Senate.
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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.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the petition of Jonas P. Levy, reported
A bill (S. 90) for his relief;
which was read the first and second times and ordered to be placed upon the Calendar.
Mr. Davis, from the Committee on Claims, to whom was referred the memorial of Walker Anderson, reported
A joint resolution (S. 15) for his relief;
which was read the first and second times and ordered to be placed upon the Calendar.
Mr. Semmes, from the Committee on the Judiciary, who were instructed by resolutions of the Senate to inquire into the subject, reported
A bill (S. 91) to authorize the suspension of the writ of habeas corpus; which was read the first and second times and ordered to be placed upon the Calendar and printed.
Mr. Brown (by leave) introduced
A bill (S. 92) rewarding the officers and crews of the Confederate States ships Virginia, Patrick Henry, Jamestown, Beaufort, Raleigh, and Teazer;
which was read the first and second times and referred to the Committee on Naval Affairs.
The Senate proceeded to consider the resolution submitted by Mr. Semmes, on yesterday, calling upon the President of the Confederate States for the names of all disbursing officers reported by the Second Auditor to the Comptroller as defaulters; and
Mr. Semmes having modified the same by inserting after the word "defaulters" the words "who have given no satisfactory excuse for their default,"
The resolution as modified was agreed to.
Mr. Sparrow submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Military Affairs be instructed to inquire if any legislation is necessary to guard against the frauds committed on the Government in allowing substitutes, and particularly if any person who has or may furnish a substitute should be required to guarantee the fidelity of the substitute, and to be held in his place should said substitute desert.
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. Orr to the amendment proposed by Mr. Semmes, viz: To prefix thereto the words "Persons exempted from military duty by ordinance of any State convention, and,"
After debate,
Mr. Sparrow demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
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It was determined in the affirmative.
So the amendment was agreed to.
On motion by Mr. Hill, to amend the amendment proposed to the bill by Mr. Semmes, by adding thereto the words
and one person, either as owner or overseer on each plantation on which one white man is required to remain by the laws of any State, and on which there is no male adult not liable to do military service,
It was determined in the affirmative.
On motion by Mr. Burnett, to amend the amendment proposed by Mr. Semmes, by inserting after the word "service," in the amendment last agreed to, the words "and all other persons who may be exempted by the laws of the several States,"
After debate,
Mr. Sparrow 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. Burnett, Clark, Hunter, Lewis, Maxwell, Oldham, Orr, Peyton, Phelan, and Preston.
Those who voted in the negative are,
Messrs. Clay, Davis, Dortch, Haynes, Henry, Hill, Mitchel, Semmes, Sparrow, and Yancey.
It appearing that the Senate were equally divided, the yeas being 10 and the nays 10,
The Secretary, under the thirtieth rule of the Senate, took the decision of the President, who voted in the affirmative.
So the amendment was agreed to.
On motion by Mr. Semmes, to amend his amendment by inserting after the word "States," in the amendment last agreed to, the words "hereafter enacted."
Mr. Clay demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
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. Baker, Clay, Henry, Hill, Hunter, Mitchel, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Burnett, Clark, Davis, Dortch, Haynes, Lewis, Maxwell, Oldham, Orr, and Preston.
So the amendment was rejected.
The question then recurring on the amendment proposed by Mr. Semmes, as amended,
On the question to agree thereto,
On motion by Mr. Burnett,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
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Messrs. Clark, Hill, Lewis, Oldham, Orr, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clay, Davis, Dortch, Haynes, Henry, Hunter, Maxwell, Mitchel, Peyton, and Preston.
So the amendment as amended was rejected.
On motion by Mr. Davis, to amend the bill by inserting after the word "salt," in the fiftieth line, the words "to the extent of twenty bushels per day, and of,"
It was determined in the affirmative.
On motion by Mr. Henry, to amend the bill by inserting, in line 50, after the word "iron," the words
and all persons engaged in burning coke for ore melting and manufacture of iron, regular miners in coal mines, and all colliers engaged in making charcoal for making pig and bar iron,
Mr. Clay demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So the amendment was agreed to.
On motion by Mr. Davis, to amend the bill by inserting, in line 51, after the word "servants," the words "unless employed at works conducted under the authority and by the officers or agents of a State,"
It was determined in the affirmative.
On motion by Mr. Hill, to amend the bill by inserting after the word "State," in the amendment last agreed to, the words
and one person, either as owner or overseer, on each plantation on which one white person is required to be kept by the laws and ordinances of any State, and on which there is no white male adult not liable to do military service,
Mr. Hill demanded the question; which was seconded, and
The question being put,
On motion by Mr. Clay,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clay, Henry, Hill, Lewis, Mitchel, Oldham, Orr, Peyton, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Baker, Burnett, Clark, Davis, Dortch, Haynes, Maxwell, and Preston.
So the amendment was agreed to.
On motion by Mr. Hill, to amend the bill by inserting after the word "service," in the amendment last agreed to, the words
and such other persons as the President shall be satisfied, on account of justice, equity, or necessity, ought to be exempted,
It was determined in the affirmative.
On motion by Mr. Haynes, to amend the bill by adding thereto the following proviso:
Provided, That such numbers of the militia of any State as have been called out and mustered into the service of such State by the executive thereof, employed and necessary to repel any actual invasion of said State, shall also be exempted: Provided, That whenever such invasion shall have been repelled, or otherwise shall have ceased to exist, the exemption hereby declared shall expire,
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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. Baker, Clark, Clay, Haynes, Henry, Hill, Lewis, Maxwell, Oldham, Orr, Peyton, Preston, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Burnett and Dortch.
So the amendment was agreed to.
On motion by Mr Sparrow, to amend the bill by inserting after the word "States," in the fifty-second line, the following proviso:
Provided, That the exemptions herein above enumerated, and granted hereby, shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations,
It was determined in the affirmative.
On motion by Mr. Yancey, by unanimous consent, to amend the bill by inserting after the word "millers," wherever it occurs in the bill, the words "and their engineers,"
It was determined in the affirmative.
On motion by Mr. Lewis, to amend the bill by adding thereto the following independent section:
It was determined in the negative.
On motion by Mr. Dortch, to amend the bill by adding thereto the following independent section:
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendments made as in Committee of the Whole were concurred in.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time, and the title was amended.
On motion by Mr. Clark, that the Senate adjourn,
It was determined in the negative.
On the, question,
Shall the bill now pass?
On motion by Mr. Orr,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clay, Davis, Haynes, Henry, Hill, Lewis, Maxwell, Oldham, Orr, Peyton, Preston, Semmes, Sparrow, Wigfall, and Yancey,
Those who voted in the negative are,
Messrs. Burnett, Clark, and Dortch.
So it was
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Resolved, That this bill pass, and that the title thereof be "An act to exempt certain persons from military duty, and to repeal an act entitled 'An act to exempt certain persons from enrollment for service in the Army of the Confederate States,' approved twenty-first April, eighteen hundred and sixty-two."
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
On motion by Mr. Haynes,
The Senate adjourned until Monday morning at 12 o'clock.
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