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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 24, 1862.
OPEN SESSION.
Mr. Maxwell presented a memorial of certain widows of deceased officers of the Army and Navy of the United States, praying the passage of a law continuing the pensions which they received from the Government of the late United States; which was referred to the Committee on the Judiciary.
Mr. Hill submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of War inform the Senate why it is necessary to require sick and wounded soldiers in Lynchburg, Warrenton, Staunton, and other places to send to officers in Richmond to obtain furloughs and discharges.
Also, the rules now required to be observed in furloughing and discharging sick and wounded soldiers, and what officers have charge of that duty, and what are their hours of business, and what are the regulations to enable such sick and wounded soldiers to draw their pay and clothing.
Mr. Sparrow presented a memorial of citizens of the State of Louisiana, praying the Government to take possession of the cotton crop throughout the Confederacy; which was referred to the Committee on Finance.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 94) to amend an act entitled "An act to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs," approved May 21, 1861.
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. Haynes presented a memorial of citizens of Tennessee, praying that Treasury notes may be made a legal tender; which was referred to the Committee on Finance.
Mr. Oldham (by leave) introduced
A bill (S. 99) to amend an act entitled "An act to divide the State of Texas into two judicial districts, and to provide for the appointment of judges and officers in the same;"
which was read the first and second times and referred to the Committee on the Judiciary.
On motion by Mr. Oldham,
The Senate proceeded to consider the message of the President of the Confederate States, of the 11th instant, in response to a resolution of the Senate requesting certain information concerning the appointment and pay of provost-marshals; and
After debate,
Ordered, That it be referred to the Committee on the Judiciary.
Mr. Oldham submitted the following resolution for consideration:
Resolved by the Senate of the Confederate States, That, when necessary, the General in Chief, or a general of a division of the Army, may appoint a provost-marshal to take charge of prisoners, with a suitable guard or other police force.
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Resolved, That the War Department has no lawful authority to appoint or employ provost-marshals and vest them with any authority whatever over citizens not belonging to the Army, or with police powers and duties for the peace and good order of any of the towns in any State of the Confederate States; and that all such attempted exercise of power is illegal, unauthorized and void.
Resolved, That the Secretary of War has no constitutional or lawful authority to limit or restrict the exercise of the jurisdiction of the civil judicial tribunals of the States of this Confederacy, vested in them by the constitutions and laws of the States, respectively; and all orders issued by his command tending to restrict or in any respect to interfere with the full exercise of the jurisdiction of such civil judicial tribunals are illegal, unauthorized and void.
Resolved, That it belongs to Congress to fix the rank and pay of all officers and servants in the employment of the Confederate States, and that the Secretary of War has no power, without the consent of Congress, to prescribe the rank and pay of provost-marshals.
The Senate proceeded to consider the said resolution; and
Ordered, That it be referred to the Committee on the Judiciary.
Mr. Hunter, from the Committee on Finance, to whom was referred the message of the President of the Confederate States in relation to the subject, reported
A bill (S. 100) to supply deficiencies in the appropriations for the engineer service of the War Department;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.
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. Hunter, from the Committee on Finance, to whom was referred the message of the President in relation to the subject, reported
A bill (S. 101) appropriating money for engraving and printing Treasury notes, and for other purposes;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.
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.
On motion by Mr. Hunter,
Ordered, That the Committee on Finance be discharged from the further consideration of the bill (H. R. 17) to provide for the payment of sums ascertained to be due for postal service to citizens of the Confederate States by the Postmaster-General, and that the said bill be referred to the Committee on Post-Offices and Post-Roads.
Mr. Hunter, from the Committee on Finance, to whom was referred the bill (S. 87) to amend an act for auditing the accounts of the Post-Office Department, approved May 16, 1862, reported it, with the recommendation that it ought not to pass.
Mr. Semmes, from the Committee on Flag and Seal, reported
A bill (S. 102) establishing the seal of the Confederate States of America;
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which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.
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.
On motion by Mr. Semmes, that the vote on the passing of the bill (S. 102) last mentioned be reconsidered,
After debate,
Mr. Sparrow demanded the question; which was seconded, and
The question being put,
It was determined in the negative.
So the Senate refused to reconsider the vote on the passing of the bill.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The President of the Confederate States, on the 23d instant, approved and signed the following acts:
Mr. Semmes submitted the following resolution; which was considered and agreed to:
Resolved, That the sum of sixty dollars be paid out of the contingent fund of the Senate to Julius Baumgarten, for services rendered the Joint Committee on Flag and Seal, in making drawings of seals.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., September 24, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate "of the Commissary-General of the sum necessary to purchase the supply of flour for the Army for the ensuing season."
I recommend an appropriation of the amount and for the purpose specified.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., September 24, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate for a deficiency in the appropriation for ordnance.
I recommend an appropriation of the amount and for the purpose specified.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Clay,
The Senate resolved into secret legislative session.
The doors having been opened,
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., September 24, 1862.
To the Senate of the Confederate States:
I herewith transmit for your information a communication from the Secretary of War, in response to your resolution of the 22d August, in reference to regiments disbanded and consolidated.
JEFFERSON DAVIS.
The message was read.
Ordered, That it lie on the table and be printed.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled the following bills:
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 96) to better provide for the sick and wounded of the Army in hospitals; and
On motion by Mr. Simms,
Ordered, That it be postponed to, and made the special order for, to-morrow at 12 o'clock.
On motion by Mr. Davis,
The Senate adjourned until to-morrow at 11 o'clock.
SECRET SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., September 24, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of the Navy, covering an estimate for "an additional appropriation for the construction and equipment of ironclad and other vessels abroad."
I recommend an appropriation of the amount and for the purpose specified.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Clay,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The Senate resumed the consideration of the nomination of D. R. Jones to be major-general.
After debate,
Mr. Yancey demanded the question; which was seconded, and
The question being put,
Will the Senate advise and consent to the appointment of D. R. Jones to be major-general?
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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. Burnett, Davis, Henry, Hill, Hunter, Maxwell, Peyton, Preston, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Clark, Clay, Haynes, Lewis, Mitchel, Oldham, Orr, Phelan, Semmes, Simms, and Yancey.
So it was
Resolved, That the Senate do not advise and consent to the appointment of D. R. Jones to be major-general.
On motion by Mr. Clay,
The Senate resolved into open legislative session.
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