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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 --THURSDAY, October 2, 1862.
OPEN SESSION.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have passed a bill of the Senate (S. 62) 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 21st April, 1862, with amendments; in which I am directed to ask the concurrence of the Senate.
They have also passed a bill of the Senate (S. 89) to permit persons subject to enrollment to enlist in the Marine Corps, with amendments; in which I am directed to ask the concurrence of the Senate.
The Senate proceeded to consider the amendments proposed by the House of Representatives to the bill (S. 80) last mentioned; and
On motion by Mr. Brown,
Resolved, That the Senate concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded to consider the amendments proposed by the House of Representatives to the bill (S. 62) 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 21st April, 1862; and
On motion by Mr. Sparrow,
Resolved, That the Senate disagree to the amendments proposed by the House of Representatives, and ask a conference on the disagreeing votes of the two Houses,
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Sparrow, Mr. Orr, and Mr. Hill were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives have passed a bill (H. R. 34) to enable the President of the Confederate States to provide the means of military transportation by the construction of a railroad between Blue Mountain, in the State of Alabama, and Rome, in the State of Georgia; in which they request the concurrence of the Senate.
The bill (H. R, 34) communicated this day from the House of Representatives for concurrence was read the first and second times and
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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.
On the question,
Shall the bill now pass?
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. Baker, Clark, Clay, Davis, Dortch, Johnson, Maxwell, Mitchel, Peyton, Phelan, Semmes, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are.
Messrs. Hill, Lewis, Oldham, and Orr.
So it was
Resolved, That the bill pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The bill (H. R. 33) to authorize the establishment of camps of instruction and the appointment of officers to command the same was read the first and second times and referred to the Committee on Military Affairs.
The Senate proceeded, as in Committee of the Whole. to the consideration of 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; and having been amended on the motion of Mr. Johnson, it was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 113) to repress the atrocities of the enemy; and
On motion by Mr. Wigfall,
Ordered, That it be transferred to the Secret Legislative Calendar.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Lamar:
Mr. President: The House of Representatives insist on their amendments, disagreed to by the Senate, to the bill of the Senate (S. 62) 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 21st April, 1862, agree to the conference asked by the Senate on the disagreeing votes of the two Houses, and have appointed as managers on their part at said conference Mr. Pugh of Alabama, Mr. Perkins of Louisiana, and Mr. Garnett of Virginia.
A message from the House of Representatives, by Mr. Lamar:
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.
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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 30th of September, approved and signed the following act:
Mr. Phelan, 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, and by him forthwith presented to the President of the Confederate States for his approval.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the memorial of certain lieutenants in the Confederate States Navy, pray gin for pay while held as prisoners of war by the United States, reported a bill (S. 114) for the relief of certain officers of the Navy and of the Marine Corps; which was read the first and second times and ordered to be placed upon the Calendar.
On motion by Mr. Davis,
Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Thomas H. Gilbert, praying indemnity for $1,980 seized and taken from a private and unarmed citizen with whom it was deposited, by troops of Brigadier-General Turchin, United States Army.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., September 30, 1862.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of the Treasury relative to the war tax of the State of Louisiana.
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.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 2, 1862.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, submitting the report of the Adjutant-General of the proceedings of courts-martial in cases of drunkenness.
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, Va., October 2, 1862.
To the Senate and House of Representatives:
I herewith transmit a communication from the Postmaster-General, submitting estimates, to which I invite your attention.
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:
To the Senate and House of Representatives:
I herewith transmit a communication from the Postmaster-General, to which I respectfully call your attention.
The seventh clause of the eighth section of the Constitution directs that after the 1st of March, 1863, the expenses of the postal service shall be paid out of its revenues.
The interruption of commerce and communication resulting from the war and the occupation of a portion of our territory by the enemy, have necessarily curtailed to a considerable extent the revenues of the Department and rendered it impossible, while the war continues and these causes exist, to make its revenues cover its expenses without such a reduction of the service as would seriously affect the interests of the people of the Confederate States.
If, in your opinion, the clause of the Constitution above referred to merely directs that Congress shall pass such laws as may be best calculated to make the postal service self-sustaining, and does not prohibit the appropriation of money to meet deficiencies, the question is one of easy solution. But if, on the contrary, you should consider that the constitutional provision is a positive and unqualified prohibition against any appropriation from the Treasury to aid the operations of the Post-Office Department, it is for you to determine whether the difficulty can be overcome by a further increase of the rates of postage or by other constitutional means.
Doubtful as to the true intent of the Constitution, I submit the question to the Congress and ask for it the deliberation which its importance may claim.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on the Judiciary.
On motion by Mr. Sparrow,
The Senate adjourned until to-morrow morning at 11 o'clock.
SECRET SESSION.
Mr. Semmes, from the Committee on Finance, to whom was referred the amendment proposed by the House of Representatives to the bill (S. 64) to increase the provisions for detecting counterfeit notes, reported it without amendment.
On motion by Mr. Semmes,
Ordered, That it lie on the table.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 2, 1862.
To the Senate and House of Representatives:
I herewith communicate for your information a communication from the Secretary of War, submitting a report of the Commissary-General, to which I invite your attention.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Wigfall,
Ordered, That there be a call of the Senate.
The roll having been called,
It appeared that the following-named Senators were absent without leave:
A. G. Brown, Landon C. Haynes, Gustavus A. Henry, R. M. T. Hunter, R. L. Y. Peyton, William Ballard Preston, and William Simms.
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On motion by Mr. Clay,
Ordered, That the Sergeant-at-Arms be directed to request the attendance of absent members.
The doors having been closed,
Mr. Simms was excused for nonattendance.
Other absentees then appearing in the Chamber,
On motion by Mr. Maxwell,
Ordered, That all further proceedings under the call be dispensed with.
The doors having been opened,
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 113) to repress the atrocities of the enemy.
After debate,
On motion by Mr. Phelan,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Baker, from the Committee on Naval Affairs, to whom were referred (on the 30th ultimo) the nominations of Lawrence Rousseau, French Forrest, Josiah Tattnall, Victor M. Randolph, George N. Hollins, Duncan N. Ingraham, Samuel Barron, William F. Lynch, and Isaac S. Sterrett to be captains; of Sidney Smith Lee and William C. Whittle to be captains for the war; of Robert D. Thorburn, Robert G. Robb, William W. Hunter, Murray Mason, Eben. Farrand, Charles H. McBlair, Archibald B. Fairfax, William McBlair, Richard L. Page, Frederick Chatard, Arthur Sinclair, Charles H. Kennedy, Thomas W. Brent, John K. Mitchell, M. F. Maury, John R. Tucker, Thomas J. Page, George Minor, Robert F. Pinkney, Thomas R. Rootes, Henry J. Hartstene, James L. Henderson, William T. Muse, and Thomas T. Hunter to be commanders; of Charles F. M. Spotswood, William L. Maury, Francis B. Renshaw, George T. Sinclair, Carter B. Poindexter, Henry H. Lewis, George W. Harrison, James D. Johnston, John N. Maffitt, Washington Gwathmey, William A. Wayne, Peter U. Murphy, John J. Guthrie, Joseph N. Barney, John Rutledge, Catesby ap R. Jones, Van Rensellear Morgan, Edward L. Winder, John H. Parker, Joel S. Kennard, John Wilkinson, Charles M. Morris, Charles M. Fauntleroy, John S. Maury, Charles W. Hays, Henry K. Stevens, William A. Webb, Charles C. Simms, Julian Myers, Alexander F. Warley, John W. Bennett, Jonathan H. Carter, Augustus McLaughlin, William H. Parker, J. Pembroke Jones, William H. Murdaugh, John Kell, Alexander M. De Bree, James H. Rochelle, Robert D. Minor, Nicholas H. Van Zandt, David P. McCorkle, William Sharp, James I. Waddell, Joseph Fry, George H. Bier, Charles P. McGary, Hunter Davidson, Dulaney A. Forrest, John R. Hamilton, Robert R. Carter, Oscar F. Johnston, John Taylor Wood, John R. Eggleston, Robert T. Chapman, William P. A. Campbell, William T. Glassell, Joseph D. Blake, Benjamin P. Loyall, William H. Ward, John W. Dunnington, Francis E. Shepperd, Thomas P. Pelot, William G. Dozier, William L. Bradford, Æneas Armstrong, Philip Porcher, Hamilton H. Dalton, William E Evans. George S. Shryock, Joseph W. Alexander, Charles J. Graves, Thomas B. Mills, William C. Whittle, jr., William A. Kerr, John Grimball, Wilburn B. Hall, and Walter R.
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Butt to be first lieutenants; of Samuel W. Averett, Henry B. Claiborne, George A. Borchert, Hilary Cenas, Arthur D. Wharton, Thomas L. Dornin, Thomas L. Harrison, James L. Hoole, Francis L. Hoge, Edmund G. Read, Charles W. Read, Sardine G. Stone, John H. Ingraham, William Van Comstock, Richard F. Armstrong, Albert G. Hudgins, Charles K. King, James E. Fiske, John H. Comstock, and Joseph D. Wilson to be second lieutenants; of Alphonse Barbot, and Joshua Humphreys to be lieutenants for the war; James Cornick, William F. Patton, William A. W. Spotswood, Lewis W. Minor, William F. McClenahan, Daniel S. Green, John T. Mason, William B. Sinclair, Richard W. Jeffery, James F. Harrison, J. W. B. Greenhow, Dinwiddie B. Phillips, John Ward, William F. Carrington, Charles H. Williamson, Arthur M. Lynch, Charles F. Fahs, William E. Wysham, Daniel B. Conrad, Francis L. Galt, and H. W. M. Washington to be surgeons; of Charles E. Lining, Marcellus P. Christian, Robert J. Freeman, Bennett W. Green, James W. Herty, Joseph D. Grafton, James E. Lindsey, Charles M. Morfit, T. Bartow Ford, and Robert R. Gibbes to be assistant surgeons; of John De Bree, Thomas R. Ware, James A. Semple, John Johnston, William W. J. Kelly, James K. Harwood, George H. Ritchie, Henry Myers, Felix Senac, John W. Nixon, and George W. Clarke to be paymasters; of James O. Moore, Richard Taylor, James E. Armour, and Richard L. Mackall to be assistant paymasters; of Michael Quinn, James H. Warner, Thomas A. Jackson, Virginius Freeman, Edward W. Manning, Henry A. Ramsay, and J. Charles Schroeder to be engineers, reported, with the recommendation that all of said nominations be confirmed.
The Senate proceeded to the consideration of said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
Mr. Baker, from the Committee on Naval Affairs, to whom was referred (on the 30th ultimo) the nomination of James D. Bulloch, to be commander for the war, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to the consideration of said report; and
On motion by Mr. Yancey,
Resolved, That the further consideration of said nomination be postponed till to-morrow.
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 President of the Senate of the Confederate States:
I nominate the person named in the annexed letter of the Secretary of the Navy, agreeably to his recommendation.
Confederate States of America, Navy Department,
Richmond, September 30, 1862.
The President.
Sir: I have the honor to recommend the following nomination for appointment in the Navy:
I am, respectfully, your obedient servant,
S. R. MALLORY,
Secretary of the Navy.
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The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
Mr. Hill, from the Committee on the Judiciary, to whom were referred (on the 26th ultimo) the nominations of George A. Gallagher to be judge of the district courts for the districts of Cha-lah-ki and Tush-ca-hom-ma; Joseph J. Taaffe to be attorney for the district of Cha-lah-ki; John T. Blackwell to be attorney for the district of Tush-ca-hom-ma; J. A. Scales to be marshal for the district of Cha-lah-ki; James S. Dollerhide to be marshal for the district of Tush-ca-hom-ma, reported the same.
On motion by Mr. Hill,
Ordered, That said nominations lie on the table.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
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