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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 27, 1862.
OPEN SESSION.
Mr. Haynes presented a memorial of certain officers of the Provisional Army, praying for an increase of pay; which was referred to the Committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 20) to amend the act to authorize payment to be made for certain horses purchased for the Army by Col. A. W. McDonald, approved August 21, 1861, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 20) last mentioned; and no amendment being proposed, 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. 8) to increase the pay of privates and non-commissioned officers in the Army of the Confederate States, reported it with an amendment by way of substitute therefor.
On motion by Mr. Burnett, that the bill and amendment be printed,
After debate,
Mr. Burnett demanded the question; which was seconded, and
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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, Maxwell, Mitchel, Orr, Peyton, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Dortch, Haynes, Henry, Preston, and Semmes.
So it was
Ordered, That the bill and amendment be printed.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have adopted a resolution to extend the present session of Congress to Monday, the 6th day of October next, at 12 o'clock m.; in which they request the concurrence of the Senate.
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. Hill, from the Committee on the Judiciary, to whom was referred the message of the President of the Confederate States on the subject, reported
A bill (S. 106) to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts; which was read the first and second times and ordered to be placed upon the Calendar and printed.
Mr. Semmes, from the Committee on the Judiciary, to whom was referred the resolution submitted by Mr. Oldham, on the 24th instant, in relation to the appointment of provost-marshals, and the restriction of the jurisdiction of the civil judicial tribunals of the different States by the Secretary of War, reported a joint resolution (S. 16) in relation to provost-marshals; which was read the first and second times.
On motion by Mr. Semmes,
Ordered, That the joint resolution (S. 16) last mentioned, together with the resolution submitted by Mr. Oldham, be printed.
Mr. Sparrow (by leave) introduced
A bill (S. 107) to amend the act entitled "An act to organize bands of partisan rangers;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Mitchel, from the Committee on Engrossment and Enrollment, reported that they had examined and found truly enrolled
A bill (S. 73) to aramid an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 20, 1861.
The President having signed the enrolled bill last reported to have been examined, it was 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. 19) to organize the Supreme Court of the Confederate States.
On motion by Mr. Sparrow,
Ordered, That the further consideration of the bill be postponed for the present.
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On motion by Mr. Hill,
Ordered, That it be printed.
On motion by Mr. Yancey,
The Senate proceeded to consider the resolution of the House of Representatives for extending the present session of Congress to Monday, the 6th day of October next, at 12 o'clock m.; and
On motion by Mr. Haynes,
Ordered, That the further consideration thereof be postponed until Monday next.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have passed a bill of the Senate (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."
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
The House of Representatives have rejected the bill of the Senate (S. 82) to regulate the fees of district attorneys in certain cases.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills of the following titles, in which they ask the concurrence of the Senate:
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 81) to provide for filling vacancies in certain cases.
On motion by Mr. Phelan, to amend the bill by striking out all after the enacting clause and inserting:
That in all cases when a board of inquiry shall declare that a field officer, elected or promoted by seniority, is unfit to discharge the duties of his office, by reason of disability or incompetency, there shall be a regular advance in rank of all field officers, inferior in rank to the officer thus declared to be disabled or incompetent, who shall have been decided to be able and competent for their respective positions so far as to constitute the senior captain of a company, major of the battalion, squadron, or regiment to which the said disabled or incompetent officer belonged. All commissioned officers of the company from which the said senior captain has been promoted shall be regularly advanced in rank, provided they have been decided to be able and competent to discharge the duties of their respective positions; and an election shall then be held to fill the vacancy thus occasioned in the office of the lowest commissioned officer.
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After debate,
Mr. Burnett demanded the question; which was seconded, and
The question being put,
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. Baker, Davis, Henry, Hunter, Johnson, Phelan, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Haynes, Hill, Maxwell, Orr, Peyton, Preston, Simms, and Wigfall.
So the amendment was rejected.
On motion by Mr. Burnett, to amend the bill by striking out the words "elected or,"
Mr. Burnett 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. Yancey, to amend the bill by striking out all after the word "office," in the seventh line, and inserting in lieu thereof the words "the next in rank shall be promoted to the vacancy,"
Mr. Yancey demanded the question; which was seconded, and
The question being put,
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, Brown, Clark, Davis, Haynes, Henry, Hunter, Oldham, Preston, Semmes, Simms, and Yancey.
Those who voted in the negative are,
Messrs. Burnett, Clay, Hill, Johnson, Maxwell, Orr, Peyton, Phelan, Sparrow, and Wigfall.
So the amendment was agreed to.
On motion by Mr. Simms, to amend the bill by striking out all after the enacting clause and inserting:
That in each army, corps, or division of the Army of the Confederate States, it shall be the duty of the commanding officer of such army, corps, or division, under such rules and regulations as may be prescribed by the Secretary of War, to appoint a board of inquiry, whose duty it shall be to hear and determine all charges made against any company or regimental officer, who from incompetency or a disregard of that necessary discipline in their respective commands, as now required by the Army Regulations, shall show themselves incompetent, and upon conviction thereof, by such board, all such incompent or delinquent officers shall be dismissed from the service, and the President, upon the recommendation of the field and brigade officers, not incompetent or delinquent, of the brigade of which the said incompetent officer was a member, shall appoint to fill the vacancy such person as they may designate, with the advice and consent of the Senate.
Mr. Haynes 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.
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On motion by Mr. Henry, to reconsider the vote on agreeing to the following amendment, viz: Strike out all after the word "office," in the seventh line, and insert in lieu thereof the words "the next in rank shall be promoted to the vacancy,"
Mr. Burnett 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 agreeing to said amendment.
No further amendment being proposed, the bill was reported to the Senate, and the amendments made as in Committee of the Whole were concurred in.
On the question,
Shall the bill be engrossed and read a third time?
Mr. Brown demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
On the question,
Shall the bill now pass?
On motion by Mr. Brown,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Davis, Henry, Hunter, Johnson, Maxwell, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Brown, Burnett, Clark, Clay, Haynes, Hill, Oldham, Orr, Peyton, Phelan, Preston, Simms, and Wigfall.
So it was
Resolved, That the bill do not pass.
On motion by Mr. Burnett,
That the vote on the rejection of the bill be reconsidered,
Mr. Sparrow demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
The bill being again under consideration,
On motion by Mr. Burnett,
Ordered, That it be recommitted to the Committee on Military Affairs.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: On the 25th instant the President approved and signed the following act:
On the 26th instant the President approved and signed the following acts:
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Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills and an enrolled joint resolution, I am directed to bring them to the Senate for the signature of their President.
The President of the Confederate States, on the 26th instant, approved and signed the following act:
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate:
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
The President pro tempore 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.
On motion by Mr. Orr, that a thousand copies of the report of the 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, and of the bill (S. 96) to better provide for the sick and wounded of the Army in hospitals, be printed,
Ordered, That it be referred to the Committee on Printing.
On motion by Mr. Orr,
Ordered, That the Hon. John W. Lewis have leave of absence from the sessions of the Senate for two days.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled the following bills and joint resolution:
The President pro tempore having signed the enrolled bills and enrolled joint resolution 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.
On motion by Mr. Yancey,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Clay,
The Senate adjourned until Monday morning at 11 o'clock.
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EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, September 27, 1862.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Edward D. Tracy, of Alabama, to be brigadier-general in the Provisional Army of the Confederate States of America, instead of Edmund D. Tracy, whose name was erroneously given in a previous nomination.
JEFFERSON DAVIS.
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 27, 1862.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I have the honor to be, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, September 27, 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 10th April, requesting "a list of the commissioned officers in the Regular and Provisional armies." This reply is communicated to you as an executive document, it being deemed imprudent at this time to make it public because of the information it would give to the enemy if it should chance to reach them.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, September 27, 1862.
His Excellency the President.
Sir: I have the honor to submit a list of the commissioned officers in the Regular and Provisional armies, in response to a resolution of the Senate adopted on the 16th of April, 1862.
Very respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Yancey, that 500 copies of the "list of commissioned officers in the Regular and Provisional armies of the Confederate States," communicated this day by the President, be printed,
Ordered, That the motion be referred to the Committee on Printing.
On motion by Mr. Yancey, that 500 copies of the "list of officers of the Regular Army," communicated this day by the President, be printed,
Ordered, That it be referred to the Committee on Printing.
On motion by Mr. Sparrow,
Ordered, That the "lists of regiments and battalions obtained from the 'election returns,' books, and rolls in the Adjutant and Inspector General's Office," this day communicated by the President, lie on the table.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, September 27, 1862.
To the Senate of the Confederate States:
I hereby withdraw my nomination of H. M. Lawson, to be surgeon in the Provisional Army, sent to the Senate on the -- instant.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Burnett,
The Senate resumed the consideration of the nominations of Lafayette McLaws, A. P. Hill, Richard H. Anderson, J. E. B. Stuart, Richard Taylor, and Jones M. Withers, to be major-generals.
On the question,
Will the Senate advise and consent to their appointment?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to their appointment as major-generals, agreeably to the nomination of the President.
On motion by Mr. Burnett,
The Senate resumed the consideration of the nomination of S. B. Buckner, to be major-general.
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After debate,
Mr. Burnett demanded the question; which was seconded, and
The question being put,
Will the Senate advise and consent to the appointment of S. B. Buckner, to be major-general?
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, Burnett, Clay, Davis, Hill, Hunter, Johnson, Maxwell, Oldham, Orr, Peyton, Phelan, Preston, Semmes, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Clark, Haynes, Henry, and Yancey.
So it was
Resolved, That the Senate advise and consent to the appointment of S. B. Buckner, to be major-general, agreeably to the nomination of the President.
On motion by Mr. Semmes,
That the Senate resolve into open legislative session,
It was decided in the negative.
On motion by Mr. Wigfall,
The Senate proceeded to consider the nominations of M. D. Ector and John Gregg, to be brigadier-generals.
On the question,
Will the Senate advise and consent to the appointment of M. D. Ector and John Gregg, to be brigadier-generals?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of M. D. Ector and John Gregg, to be brigadier-generals, agreeably to the nomination of the President.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.
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