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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, October 6, 1862.
OPEN SESSION.
On motion by Mr. Clark,
Ordered, That the Hon. William E. Simms have leave of absence from the Senate during the remainder of the present session.
Mr. Davis, from the Committee on Finance, reported
A bill (S. 117) to-repay to the State of North Carolina the excess over her quota paid by her into the Treasury of the Confederate States on account of the war tax;
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 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.
Mr. Hunter, from the Committee on Finance, to whom was referred the bill (H. R. 39) making appropriations for the executive, legislative, and judicial expenses of the Government for the month of December, 1862, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 39) last mentioned; and the reported
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amendments 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.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the resolutions passed at a public meeting of the citizens of Onslow County, N. C., calling on the Confederate Government for protection against the incursions of the enemy.
Mr. Sparrow, from the Committee on Military Affairs. to whom was referred the amendment of the House of Representatives to the bill (S. 53)to amend an act, entitled "An act to further provide for the public defense," reported thereon.
The Senate proceeded to consider the amendment of the House of Representatives to the bill last mentioned; and
On motion by Mr. Sparrow,
Resolved, That the Senate concur therein.
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. 28) to grant commutation for quarters to the Superintendent of the "Army intelligence Office" and his clerks, reported it with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 28) last mentioned; and the reported amendment having been agreed to, 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. Sparrow, the title was amended to read: "An act to grant commutation for quarters to the Superintendent of the 'Army Intelligence Office' and his clerks, and to increase the compensation of said clerks."
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
Mr. Henry, from the Committee on Military Affairs, reported
A bill (S. 118) to define the rank of the Quartermaster-General and the Chief of Ordnance in the Provisional Army;
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Orr, to amend the bill by inserting after the word "General," in the third line, the words "Commissary-General,"
It was determined in the affirmative.
On motion by Mr. Henry, to amend the bill by inserting after the word "Ordnance" the words "and the Chief of the Engineer Department,"
It was determined in the affirmative.
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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?
It was determined in the negative.
So the bill was rejected.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred so much of the message of the President in relation to the true meaning of the seventh clause of the eighth section of the first article of the Constitution as did not involve the constitutional question, reported thereon.
On motion by Mr. Oldham,
Ordered, That it be laid upon the table and printed.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 21) to authorize the formation of volunteer companies for local defense.
On motion by Mr. Haynes, to amend the bill by adding thereto the following proviso:
Provided, That no person shall become a member of said company until he shall have first taken the oath of allegiance to the Confederate States of America in writing, a copy of which shall be filed with the muster roll of said company as above prescribed,
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.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
Mr. Phelan submitted the following motion for consideration:
Ordered, That the vote on the passing of the bill (H. R. 21) to authorize the formation of volunteer companies for local defense be reconsidered.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill (H. R. 40) to provide shoes for the Army; in which they request the concurrence of the Senate.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 8) to increase the pay of privates and noncommissioned officers in the Army of the Confederate States.
On the question to agree to the following reported amendment:
Strike out all after the enacting clause and insert:
That the sum of five millions of dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of aiding the indigent families of those who are absent from them and engaged in the military service of the country as privates or noncommissioned officers.
On motion by Mr. Orr, that the bill and amendment be recommitted to the Committee on Military Affairs, with instructions to inquire and
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report what additional expense will be incurred under the provisions of the bill by its passage,
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. Clark, Clay, Davis, Oldham, Orr, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Haynes, Henry, Hunter, Johnson, Lewis, Mitchel, Peyton, Preston, and Yancey.
So the Senate refused to recommit the bill.
On the question to agree to the reported amendment,
Mr. Johnson demanded the question; which was seconded, and
The question being put,
It was determined in the negative.
So the amendment was rejected.
No further amendment being proposed, the bill was reported to the Senate.
On the question,
Shall the bill be read a third time?
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, Haynes, Henry, Hunter, Johnson, Lewis, Mitchel, Peyton, Phelan, Preston, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Clark, Clay, Hill, Oldham, Orr, and Wigfall.
The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States has to-day approved and signed the following act:
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 6) to provide for raising and organizing in the States of Missouri and Kentucky additional forces for the Provisional Army of the Confederate States.
On the question to agree to the following reported amendment:
Strike out all after the enacting clause and insert:
That the first and second sections of the act to which this is an amendment are hereby declared to have full force and effect in those States and districts in which the President may, under the law, suspend the provisions of the acts providing for the enrollment of persons for military service, or when said acts can not be enforced by reason of the occupation of the enemy.
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requires that he should do so, appoint the field officers to regiments, battalions, or squadrons before the same are organized; and if said regiments, battalions, or squadrons are not reported as completed within a reasonable time the President may, in his discretion, vacate the commissions of said field officers, who shall be entitled to the pay of their respective grades from the date of their respective appointments, until their commissions are vacated; and that companies of infantry shall consist of at least one hundred and twenty-five rank and file, companies of artillery of at least one hundred and fifty rank and file, and companies of cavalry of at least eighty rank and file.
On motion by Mr. Phelan, to amend the reported amendment by inserting at the end of the first section the words:
Provided, That the troops received under the sections of said act shall be received for three years or the war,
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the reported amendment by inserting after the word "appoint," in the third line of the second section, the words "brigadier-generals, and also," and by inserting after the word "organized," in the fourth line the words "by and with the advice and consent of the Senate,"
It was determined in the affirmative.
On the question to agree to the reported amendment as amended,
It was determined in the affirmative.
No further amendment being made, 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. Sparrow, the tithe was amended to read: "An act to amend an act entitled 'An act to raise an additional military force to serve during the war,' approved eighth May, eighteen hundred and sixty-one, and to provide for raising forces in the States of Missouri and Kentucky."
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 President of the Confederate States has to-day approved and signed the following acts:
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., October 6, 1862.
To the Senate and House of Representatives:
I herewith transmit for your consideration a communication from the Postmaster-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.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
To the Senate of the Confederate States of America:
I return, without my approval, the bill which originated in your body, entitled "An act to amend an act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26. 1861.
By this act it is provided that "hereafter the Quartermaster-General shall have the rank, pay, and allowances of a brigadier-general."
As Congress has passed another act (since the one now under consideration was submitted to me) whereby the increased rank assigned to the Quartermaster-General is restricted to the Provisional Army only, I infer that the act now returned to you no longer expresses the legislative will, and that it is therefore unnecessary to specify the objections which it would otherwise have been my duty to submit as the reasons which prevented my approval of the bill.
JEFFERSON DAVIS.
Executive Office,
Richmond, October 6, 1862.
The message was read.
On motion by Mr. Orr, that it be printed and made the special order for to-morrow at 1 o'clock,
A division of the question was called for by Mr. Sparrow; and
On the question,
Shall the message be printed?
It was determined in the affirmative.
The other branch of the question being then put,
Shall this message be the special order for to-morrow at 1 o'clock?
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, Brown, Clark. Haynes, Johnson, Orr, Peyton, and Preston.
Those who voted in the negative are,
Messrs. Clay, Davis, Henry, Hunter, Lewis, Mitchel, Phelan, Semmes, Sparrow, Wigfall, and Yancey.
So it was
Ordered, That the message be printed.
On motion by Mr. Clay,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Phelan,
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. --) to authorize Primus Emerson, Edward Haven, jr., and others to fit out vessels to operate against the common enemy; in which they request the concurrence of the Senate.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States has to-day approved and signed the following act:
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Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Clay,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 6, 1862.
To the Senate:
I have the honor to request you to change the name of George N. Gallagher, nominated to be judge of the Confederate court in the Indian country, to George A. Gallagher, for which it was sent in by mistake.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Davis,
Ordered, That the correction be made.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, October 4, 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 4, 1862.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
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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 Senate proceeded to consider the motion submitted by Mr. Clay on the 4th instant, to reconsider the vote confirming the nomination of James M. Garnett,
When Mr. Clay withdrew the same.
Mr. Sparrow submitted the following resolution for consideration:
Resolved, That it is, in the opinion of the Senate. necessary and proper that field officers who have been elected, or promoted by seniority, should be nominated to the Senate.
After debate,
An amendment being proposed by Mr. Orr,
On motion by Mr. Phelan,
The Senate resolved into open legislative session.
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