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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, October 1, 1862.
OPEN SESSION.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the resolution in relation to the employment of persons holding commissions in the Army of the Confederate States as clerks in the various departments of the Government.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (S. 86) to establish the court for the investigation of claims against the Government of the Confederate States, reported it without amendment.
Ordered, That it be placed upon the calendar and printed.
Mr. Semmes, from the Committee on the Judiciary, to whom was referred the 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, together with the resolution submitted by Mr. Yancey, 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, reported a bill (S. 113) to repress the atrocities of the enemy; which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Semmes,
Ordered, That the further consideration of the bill be postponed to, and made the special order for, to-morrow at 1 o'clock, and that it be printed.
Mr. Phelan submitted a resolution and Mr. Hill a bill as the views of the minority of the Committee on the Judiciary on the subject; which, together with a resolution proposed to be submitted by Mr. Clark, were severally read and ordered to be printed.
On motion by Mr. Maxwell,
Ordered, That the Hon. Henry C. Burnett have leave of absence from the Senate during the remainder of the present session.
Mr. Henry, from the Committee on Military Affairs, to whom was referred the bill (H. R. 21) to authorize the formation of volunteer companies for local defense, reported it without amendment.
Ordered, That it be printed.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. 30) to establish certain post routes therein named, reported it with an amendment.
Mr. Brown, from the Committee on Naval Affairs, to whom were referred the following joint resolutions, viz:
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A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President. 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. 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.
A message from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives have concurred in the amendment of the Senate to the bill (H. R. 18) supplementary to an act concerning the pay and allowances due to deceased soldiers, approved February 15, 1862, and to provide for the prompt settlement of claims for arrearages of pay, allowances, and bounty due to deceased officers and soldiers.
The House of Representatives have passed a bill (H. R. 33) to authorize the establishment of camps of instruction and the appointment of officers to command the same; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills and an enrolled joint resolution, I am directed to bring them to the Senate for the signature of their President.
On motion by Mr. Oldham,
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (S. 16) relative to provost-marshals.
On motion by Mr. Semmes, from the Committee on the Judiciary,
To amend the resolution by adding thereto the following independent section:
On motion by Mr. Orr,
To amend the amendment proposed by Mr. Semmes, by inserting, after the word "service," in the sixth line, the words "and to such
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other persons as are within the lines of any army, army corps, division, or brigade of the Army of the Confederate States."
After debate,
On motion by Mr. Clay, that the resolution and amendment lie on the table,
On motion by Mr. Oldham,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are.
Messrs. Burnett, Clay, Davis, Henry, Hunter, Maxwell, Phelan, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Clark, Haynes, Hill, Lewis, Mitchel, Oldham, Orr, Peyton, Preston, and Semmes.
On the question to agree to the amendment proposed by Mr. Orr to the amendment proposed by Mr. Semmes,
Mr. Haynes 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, Burnett, Clark, Clay, Davis, Haynes, Henry, Hill, Hunter, Johnson, Lewis, Maxwell, Mitchel, Orr, Peyton, Phelan, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Oldham, Preston, and Semmes.
So the amendment was agreed to.
On motion by Mr. Davis to amend the amendment proposed by
Mr. Semmes, by striking out the words "and that martial law is unknown to the Constitution,"
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. Baker, Burnett, Clark, Clay, Davis, Henry, Hill, Hunter, Johnson, Maxwell, Mitchel, Orr, Peyton, Phelan, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Haynes, Lewis, Oldham, Preston, and Semmes.
So the amendment was agreed to.
On the question to agree to the amendment proposed by Mr. Semmes, as amended,
Mr. Semmes demanded the question; which was seconded, and
The question being put,
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Will the Senate agree to the amendment as amended?
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, Burnett, Clark, Clay, Davis, Haynes, Henry, Hill, Hunter, Johnson, Lewis, Maxwell, Mitchel, Oldham, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, and Yancey.
Mr. Wigfall voted in the negative.
So the amendment as amended was agreed to.
On motion by Mr. Oldham to amend the resolution by inserting, in section 1, line 8, after the word "confederacy," the words
or to require such citizens to carry military passes as authority to travel within the limits of the Confederate States, except when crossing the lines of an army actually in the field,
On motion by Mr. Clay, that the resolution and amendment lie on the table,
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, Henry, Hill, Hunter, Johnson, Maxwell, Phelan, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Clark, Haynes, Lewis, Mitchel, Oldham, Orr, Peyton, Preston, Semmes, and Yancey.
So it was
Ordered, That the resolution and amendment lie on the table.
On motion by Mr. Clay,
The Senate resolved into secret legislative session.
The doors having been opened,
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 following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 1, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration several communications from the Secretary of War, submitting estimates for the month of January, 1863.
I recommend appropriation of the sums for the purposes specified.
JEFFERSON DAVIS.
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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., October 1, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Secretary of War in reference to a loan by the Branch Bank of Tennessee to General Hindman.
I recommend an appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved by the Senate of the Confederate States, That the President be, and he is hereby, requested to inform the Senate whether the writ of habeas corpus has been suspended in any places or towns in any of the States of the Confederacy; and, if so, in what places, towns, and States, and under what proclamation, and in what places or towns said suspension now exists.
On motion by Mr. Sparrow,
The Senate adjourned until to-morrow morning at 11 o'clock.
SECRET SESSION.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have passed a bill (H. R. --) making appropriation for the defense of western and southern rivers; in which they ask the concurrence of the Senate.
They have also passed a bill of the Senate (S. 64) to increase the provisions for detecting counterfeit notes, with an amendment; in which they request the concurrence of the Senate.
They have also passed a bill of the Senate (S. 105) to appropriate money for the purchase, arming, and equipping vessels abroad.
The Senate proceeded to consider the bill (H. R. --) making appropriation for the defense of western and southern rivers; which was read the first and second times and considered as in Committee of the Whole; 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.
On the question,
Shall the bill now pass?
The vote being taken by yeas and nays as required by the ninth clause of the ninth section of the first article of the Constitution,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Clay, Davis, Haynes, Henry, Hill, Hunter, Johnson, Lewis, Maxwell, Mitchel, Oldham, Orr, Peyton, Phelan, Preston, Semmes, Sparrow, and Yancey.
In the negative none.
So it was
Resolved, That this bill pass; two-thirds of the Senators present agreeing thereto.
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Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 64) to increase the provisions for detecting counterfeit notes; and
Ordered, That it be referred to the Committee on Finance.
On motion by Mr. Sparrow,
The Senate resolved into executive session.a
[Note a: a The Journal of this executive session has not been found.]
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