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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 --MONDAY, September 29, 1862.
OPEN SESSION.
On motion by Mr. Orr,
Ordered, That the Hon. William E. Simms have leave of absence from the sessions of the Senate on account of indisposition.
On motion by Mr. Henry,
Ordered, That the Hon. Benjamin H. Hill have leave of absence from the sessions of the Senate on account of indisposition.
Mr. Semmes (by leave) introduced
A joint resolution (S. 17) in relation to the proclamation issued by the President of the United States for the emancipation of slaves and the exciting of servile war;
which was read the first and second times and considered as in Committee of the Whole.
After debate,
On motion by Mr. Yancey, that the resolution (S. 17) last mentioned, together with the resolutions submitted by him on the 21st of August,
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1862, expressing the sense of the Senate in respect to the violation of the laws and usages of civilized war by the Government of the United States, as modified by him this day, be referred to a select committee of three, with instructions to report thereon on Wednesday next, at 12 o'clock, and that they be the special order for the day and hour last mentioned.
On motion by Mr. Burnett, to amend the motion submitted by Mr. Yancey, by striking out the words "a special committee of three" and inserting in lieu thereof the words "Committee on the Judiciary,"
It was determined in the affirmative.
On the question to agree to the motion submitted by Mr. Yancey, as amended,
It was determined in the affirmative.
So it was
Ordered, That the said resolution be referred to the Committee on the Judiciary, with instructions to report thereon on Wednesday next, at 12 o'clock, and that they be the special order for that day and hour.
On motion by Mr. Phelan,
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
The resolution was agreed to.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Dortch (by leave) introduced
A bill (S. 108) for the relief of disbursing officers and other agents of the Government in certain cases;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, it 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.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the following bills and joint resolution; in which they request the concurrence of the Senate:
Mr. Haynes (by leave) introduced
A joint resolution (S. 18) authorizing the President to receive into the service certain regiments, battalions, and companies;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Haynes (by leave) introduced
A bill (S. 109) to provide for the defense of the Cumberland, Tennessee, and other western rivers;
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which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Wigfall (by leave) introduced
A bill (S. 110) to amend the several acts for the establishment and organization of the general staff of the Army of the Confederate States of America;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Hunter (by leave) introduced
A bill (S. 111) to amend an act entitled "An act for the organization of the staff departments of the Army of the Confederate States of America," approved March 14, 1861;
which was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Clay,
Ordered, That the special committee appointed on the part of the Senate to investigate the management of the Naval Department be extended to and have leave to sit during the next session of Congress.
Mr. Clay submitted the following resolution; which was considered and agreed to:
Resolved, That the Sergeant-at-Arms of the Senate be authorized and directed to pay to P. Kean, stenographic reporter of the joint committee to investigate the management of the Naval Department under its present head, the sum of three hundred and five dollars for his services to said committee, out of the contingent fund of the Senate.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the memorial of certain officers in the Provisional Army, praying for an increase of pay.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 107) to amend the act entitled "An act to organize bands of partisan rangers," reported it with an amendment by way of substitute therefor.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 107) last mentioned.
On the question to agree to the following reported amendment,
To insert before the enacting clause the following preamble:
Whereas certain regiments and battalions have heretofore in good faith, and at heavy expense, been raised under the authority and by the direction of general officers of the Confederate States, in which regiments and battalions there are some persons between the ages of eighteen and thirty-five years; and
Whereas, it would be unjust to disband organizations formed under authority thus given: Now, therefore,
And to strike out all after the enacting clause and insert:
That the President be, and he is hereby, authorized and empowered, whenever in his opinion the public good would be promoted thereby, to receive into the service regiments or battalions which have been raised in good faith, under authority, or by the direction of the Secretary of War, or any general officer of the Government, although said regiments or battalions may be composed in part of persons between the ages of eighteen and thirty-five years: Provided, That this authority shall not extend to military organizations raised after this time, except in those States and localities where the conscript law may be suspended.
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After debate,
Mr. Haynes demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
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, Dortch, Haynes, Henry, Hunter, Johnson, Maxwell, Mitchel, Oldham, Orr, Phelan, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Davis, Preston, and Wigfall.
So the amendment was agreed to.
On motion by Mr. Johnson, to amend the bill by striking out the preamble thereto,
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That it be engrossed and read a third time.
The said bill was read the third time and the title was amended.
Resolved, That it pass, and that the title thereof be "An act to authorize the President to accept and place in the service certain regiments and battalions heretofore raised."
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Brown presented a memorial of certain lieutenants in the Confederate States Navy, praying for pay while held as prisoners of war by the United States; which was referred to the Committee on Naval Affairs.
The following bills were severally read the first and second times and referred to the Committee on Military Affairs:
The bill (H. R. 25) supplemental to an act authorizing the Secretary of War to grant transfers, approved September 23, 1862, was read the first and second times and considered as in Committee of the Whole; 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.
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Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The bill (H. R. 26) to authorize the judges of district courts to change the place of holding court in certain cases was read the first and second times and referred to the Committee on the Judiciary.
The joint resolution (H. R. 20) of thanks to Lieut. I. N. Brown, and all under his command, was read the first and second times and referred to the Committee on Naval Affairs.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled the following bills:
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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 80) to permit persons subject to enrollment to enlist in the Marine Corps; and no amendment being proposed, it 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 83)to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States," approved February 26, 1861; and no amendment being proposed, it 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.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the following bills; in which they request the concurrence of the Senate:
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A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States, on the 27th instant, approved and signed the following act:
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The President of the Confederate States, on the 27th instant, approved and signed the following acts and joint resolution:
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 97) to amend an act entitled "An act to provide for the public defense," approved 6th March, 1861.
On motion by Mr. Davis, to amend the bill by inserting, in section 1, line 6, after the word "received," the words "and not already organized,"
It was determined in the affirmative.
On motion by Mr. Preston, to amend the bill by striking out the second section thereof,
it was determined in the affirmative.
On motion by Mr. Sparrow, to amend the bill by adding thereto the following independent section:
Mr. Burnett 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.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
On the question,
Shall the bill be engrossed and read a third time?
Mr. Burnett demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Ordered, That this bill 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.
The bill (H. R. 29) to reorganize and promote the efficiency of the Medical Department of the Army was read the first and second times
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and referred to the special committee appointed to investigate the complaints made by the sick and wounded of the Army in hospitals.
The bill (H. R. 30) to establish certain post routes therein named was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
The bill (H. R. 31) for the relief of John Hunter, collector of customs and agent of the marine hospital at the port of Natchez, Miss., was react the first and second times and referred to the Committee on Commerce.
The bill (H. R. 32) to authorize the Postmaster-General to employ special agents to superintend and secure the certain and speedy transportation of the mails across the Mississippi River in the Confederate States was read the first and second times; and
On motion by Mr. Johnson,
Ordered, That it lie on the table.
On motion by Mr. Henry,
The Senate adjourned until to-morrow morning at 11 o'clock.
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