| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --FRIDAY, October 3, 1862.
OPEN SESSION.
Mr. Clay submitted the following resolution; which was considered and agreed to:
Whereas it is notorious that many and most flagrant acts, violative of the usages of war, of the rights of humanity, and even of common decency, have been and still are being perpetrated by the forces of the United States upon the persons and property of citizens of the Confederate States; and
Whereas such outrages can not be fully known and believed whilst resting only in the oral statements of citizens in different and remote States, and in the hasty paragraphs of newspapers published in distant and remote localities:
Now, therefore, that the evidences of the said outrages may be collected and preserved in a permanent and credible form, and the truth of history thus vindicated, and the perpetrators delivered to the just indignation of the present and future generations,
Resolved, That a committee of thirteen Senators, or one from each State, be appointed, whose duty it shall be to take, or cause to be taken, in such manner and form as they shall prescribe, the testimony in relation to such outrages; and after making report at such time as they shall deem proper, the report and the testimony shall be deposited in the Department of Justice; and that the objects of this resolution may be attained the committee shall have power to send for persons and papers.
On motion by Mr. Clay,
Ordered, That the committee under said resolution be appointed by the President pro tempore; and
Mr. Clay, Mr. Preston, Mr. Dortch, Mr. Orr, Mr. Henry, Mr. Hill, Mr. Burnett, Mr. Phelan, Mr. Semmes, Mr. Maxwell, Mr. Mitchel, Mr. Clark, and Mr. Oldham were appointed.
On motion by Mr. Davis,
Ordered, That the Hon. William T. Dortch have leave of absence from the Senate during the remainder of the present session.
On motion by Mr. Oldham,
That the Senate proceed to the consideration of the joint resolution (S. 16) relative to provost-marshals,
It was determined in the negative.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The President of the Confederate States, on the--instant, approved and signed the following acts:
Page 405 | Page image
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 33) to authorize the establishment of camps of instruction and the appointment of officers to command the same, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 33) test mentioned; 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.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the message of the President of the Confederate States transmitting the report of the Adjutant-General of the proceedings of courts-martial in cases of drunkenness.
Mr. Sparrow, from the Committee on Military Affairs, to whom was recommitted the bill (S. 81) to provide for filling vacancies in certain cases, reported it with amendments.
On motion by Mr. Sparrow,
Ordered, That it be transferred to the Secret Legislative Calendar.
On motion by Mr. Preston,
Ordered, That the bill and amendments be printed in confidence for the use of the Senate.
Mr. Semmes, from the Committee on the Judiciary, to whom was referred the message of the President of the Confederate States in relation to the true meaning of the seventh clause of the eighth section of the first article of the Constitution, submitted a report (No. 5) thereon; which was ordered to be laid on the table and printed.
On motion by Mr. Semmes,
Ordered, That so much of said message as does not relate to the constitutional question involved be referred to the Committee on Post-Offices and Post-Roads.
Mr. Clark, from the Committee on Printing, to whom was referred the motion submitted by Mr. Orr, on the 27th of August, to print 1,000 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, reported adversely thereon; and
The report was agreed to.
Mr. Mitchel, from the select 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, to whom was referred the bill (H. R. 29) to reorganize and promote the efficiency of the Medical Department of the Army, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 29) last mentioned.
On motion by Mr. Wigfall, that it be laid on the table and printed,
It was determined in the negative.
On motion by Mr. Sparrow, to amend the bill by inserting, in line
Page 406 | Page image
4, section 1, after the word "the," where it first occurs in said line, the word "Provisional."
On motion by Mr. Clay, that the further consideration of the bill be postponed until to-morrow,
Mr. Clay demanded the question; which was seconded, and
The question being put,
It was determined in the negative.
So the motion to postpone was rejected.
On the question to agree to the amendment proposed by Mr. Sparrow,
Mr. Clay 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.
On motion by Mr. Sparrow, that the last-mentioned vote be reconsidered,
It was determined in the affirmative.
The amendment being again under consideration,
On the question to agree thereto,
It was determined in the affirmative.
No further amendment being proposed, the bill 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.
On motion by Mr. Semmes, the title was amended to read "An act to reorganize and promote the efficiency of the Medical Department of the Provisional Army."
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
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. 97) to amend an act entitled "An act to provide for the public defense," approved 6th March, 1861, with amendments; in which they ask the concurrence of the Senate.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 97) last mentioned; and
Resolved, That they concur therein.
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 bills of the following titles, viz:
In which they request the concurrence of the Senate.
Page 407 | Page image
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 2d instant, approved and signed the following act:
On motion by Mr. Clay,
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 57) to punish and repress the importation of notes purporting to be notes of the Treasury of the Confederate States.
On motion by Mr. Clay, to amend the bill by striking out, in the nineteenth, twentieth, and twenty-first lines of the first section, the words "and upon conviction thereof before a general court-martial, to be ordered and organized as in other cases, shall suffer death," and inserting in lieu thereof the words
and shall suffer death, upon conviction thereof before any military court, organized according to a law of Congress, or before a military commission to consist of five commissioned officers and a judge-advocate, to be ordered by officers authorized to order general courts-martial. The finding of said court or commission shall be by a majority of votes, and the said court or commission shall keep a record of their proceedings and of the substance of the evidence,
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendment was 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 punish and repress the importation, by our enemies, of notes purporting to be notes of the Treasury of the Confederate States."
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The bill (H. R. 35) to encourage the manufacture of clothing and shoes for the Army, communicated this day from the House of Representatives for concurrence, was read the first and second times, and considered as in Committee of the Whole.
On motion by Mr. Haynes, to amend the bill by adding thereto the following independent section:
It was determined in the affirmative.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
On the question,
Shall the amendment be engrossed and the bill read a third time?
On motion by Mr. Semmes,
Ordered, That it be referred to the Committee on Commerce.
A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The President of the Confederate States, on the 2d instant, approved and signed the following acts and joint resolution:
Page 408 | Page image
The following bills, communicated this day from the House of Representatives for concurrence, were severally 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. 30) to establish certain post routes therein named.
The reported amendment having been agreed to and the bill further amended, it was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 23) to amend an act for the establishment and organization of the Army of the Confederate States of America, approved 6th March, 1861.
On motion by Mr. Sparrow, to amend the bill by inserting, in the first section, before the word "Army," the word "Provisional,"
Mr. Yancey demanded the question; which was seconded, and
The question being put,
Will the Senate agree to the amendment?
It was determined in the affirmative.
So the amendment was agreed to.
On motion by Mr. Henry,
To amend the bill by adding thereto the following independent section:
It was determined in the negative.
On motion by Mr. Sparrow, to amend the bill by adding thereto the following independent section:
Mr. Yancey demanded the question; which was seconded, and
The question being put,
Page 409 | Page image
Will the Senate agree to the amendment?
It was determined in the affirmative.
So the amendment was agreed to.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 22) to establish places of rendezvous for the examination of persons enrolled for military duty.
The reported amendments having been agreed to,
On motion by Mr. Davis, that the bill lie on the table,
It was determined in the negative.
After debate,
An amendment being proposed by Mr. Lewis,
On motion by Mr. Semmes,
Ordered, That the further consideration of the bill be postponed until to-morrow.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 3, 1862,
To the Senate:
I herewith transmit for your information a communication from the Secretary of War, in respose to your resolution of the 26th ultimo, in reference to the construction of a certain line of railroad in the States of Louisiana and Texas.
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 3, 1862.
To the Senate and House of Representatives:
I herewith transmit a communication from the Attorney-General, submitting certain estimates.
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 3, 1862.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, submitting the estimates of the Commissary-General for the month of January, 1863.
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. Preston submitted the following resolution for consideration:
Resolved (the House of Representatives concurring), That the joint resolution heretofore passed, fixing the day for the adjournment of Congress on Monday next, be, and the same is hereby, rescinded.
Page 410 | Page image
Mr. Sparrow, from the committee of conference on the disagreeing votes of the two Houses on 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 April 21, 1862, reported, that after full and free conference they have agreed to recommend and do recommend to their respective Houses as follows:
That the Senate concur in the following amendments of the House: Nos. 1, 3, 4, 7, 8, 9, 10, 14, 15, 17, 18, 20, 21, and 23.
That the House recede from the following amendment: No. 13.
That the Senate concur in the following amendments of the House with amendments:
That the House concur in the amendments to the amendments of the House, Nos. 2, 5, 6, 11, 12, 16, 19, 22, 24, 25, 26, and 27.
The Senate proceeded to consider the report; and
On motion by Mr. Phelan, that it be printed,
It was determined in the negative.
On motion by Mr. Yancey to concur therein,
Mr. Yancey demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Resolved, That the Senate concur in said report.
Page 411 | Page image
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Lamar:
Mr. President: The President of the Confederate States has this day approved and signed the following act:
On motion by Mr. Baker,
Ordered, That the Hon. Augustus E. Maxwell have leave of absence from the Senate during the remainder of the present session.
On motion by Mr. Clark,
The Senate adjourned until to-morrow morning at 11 o'clock.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 3, 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, October 3, 1862.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
Page 412 | Page image
I have the honor to be, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
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 3, 1862.
To the President of the Senate of the Confederate States:
I nominate the persons named in the annexed letter of the Secretary of the Navy, agreeably to his recommendation.
JEFFERSON DAVIS.
Page 413 | Page image
Confederate States, Navy Department,
October 3, 1862.
The President.
Sir: I have the honer to recommend the following nominations for appointment in the Navy of the Confederate States:
With much respect, your obedient servant,S. R. MALLORY,
Secretary of the Navy.
The message was read.
Ordered, That it be referred to the Committee on Naval Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond Va., October 3, 1862.
To the Senate:
I hereby nominate William T. Austin to be marshal for the district of eastern Texas, agreeably to the recommendation of the Attorney-General.
JEFFERSON DAVIS.
Confederate States of America, Department of Justice,
Richmond, October 3, 1862.
To the President.
Sir: I have the honor to nominate for appointment in this Department William T. Austin to be marshal for the district of eastern Texas for the court held at Galveston.
Your obedient servant,T. H. WATTS,
Attorney-General.
The message was read; and
On motion by Mr. Wigfall,
The Senate proceeded to the consideration of the nomination therein contained.
On the question,
Will the Senate advise and consent to the appointment of William T. Austin to be marshal for the district of eastern Texas for the court held at Galveston?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of William T. Austin to be marshal for the district of eastern Texas for the court held at Galveston, agreeably to the nomination of the President.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 3, 1862.
To the Senate:
I hereby withdraw the nomination of Joseph Finegan to be brigadier-general, for the reason stated by the Secretary of War in the accompanying letter.
JEFFERSON DAVIS.
Confederate States of America, War department,
Richmond, Va., October 3, 1862.
His Excellency Jefferson Davis,
President, C. S. A.
Sir: I have the honor to inform yon that I have just received from the Secretary of the Senate a copy of the resolution, adopted on the 5th of April last, confirming
Page 414 | Page image
the nomination of Gen. Joseph Finegan. His nomination sent in during the present session should therefore be withdrawn.
Very respectfully, your obedient servant,GEO. W. RANDOLPH,
Secretary of War.
The message was read.
Ordered, That said nomination be returned to the President.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 3, 1862.
To the Senate:
I hereby withdraw the nomination of M. S. Perry to be brigadier-general, for the reason stated by the Secretary of War in the accompanying letter.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, Va., October 3, 1862.
His Excellency the President.
Sir: I have the honor to request that you will withdraw the name of M. S. Perry for the office of brigadier-general, it having been sent in by mistake for that of Col. E. A. Perry, who has been confirmed.
Very respectfully, your obedient servant,GEO. W. RANDOLPH,
Secretary of War.
The message was read.
Ordered, That said nomination be returned to the President.
On motion by Mr. Yancey,
The Senate resumed the consideration of the nomination of James D. Bulloch to be commander for the war.
After debate,
On the question,
Will the Senate advise and consent to the appointment of James D. Bulloch to be commander for the war?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of James D. Bulloch as commander for the war, agreeably to the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 26th ultimo) the nominations of William Steele, Francis A. Shoup, J. F. Fagan, Joseph R. Davis, William H. F. Lee, William E. Jones, W. E. Baldwin, John C. Vaughn, E. McI. Law, and W. B. Bate, to be brigadier-generals, reported, with the recommendation that said nominations be confirmed.
On motion by Mr. Mitchel,
Ordered, That the nomination of Francis A. Shoup lie on the table.
On motion by Mr. Orr,
Ordered, That the nomination of Joseph R. Davis lie on the table.
The Senate proceeded to the consideration of the residue of said nominations; and in concurrence with the report of the Committee on Military Affairs, it was
Resolved, That the Senate advise and consent to the appointment of William Steele, J. F. Fagan, William H. F. Lee, William E. Jones, W. E. Baldwin, John C. Vaughn, E. McI. Law, and W. B. Bate to be brigadier-generals, agreeably to the nomination of the President.
On motion by Mr. Orr,
The Senate proceeded to the consideration of the nomination of Joseph R. Davis.
Page 415 | Page image
After debate,
On motion by Mr. Sparrow, that the Senate resolve into open legislative session,
It was determined in the negative.
After further debate,
On motion by Mr. Henry, that the Senate resolve into open legislative session,
It was determined in the negative.
After further debate,
Mr. Maxwell demanded the question, which was seconded.
Pending which,
On motion by Mr. Wigfall, that the Senate resolve into open legislative session,
It was determined in the negative.
The question being put,
Will the Senate advise and consent to the appointment of Joseph R. Davis to be brigadier-general?
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, Henry, Hunter, Lewis, Mitchel, and Sparrow.
Those who voted in the negative are,
Messrs. Brown, Clark, Clay, Davis, Hill, Maxwell, Oldham, Orr, Phelan, Preston, and Semmes.
So it was
Resolved, That the Senate do not advise and consent to the appointment of Joseph R. Davis to be brigadier-general.
On motion by Mr. Clark,
The Senate resolved into open legislative session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |