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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 8, 1862.
OPEN SESSION.
On motion,
Ordered, That the Hon. Benj. H. Hill have leave of absence from the Senate during the remainder of the present session.
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of reporting, at the next session of Congress, a bill providing for the enumeration of the white inhabitants, free colored people, and slaves of the several States.
Mr. Hill submitted the following resolution; which was considered and agreed to:
Resolved, That the President inform the Senate by what authority of law military officers along the several railroad lines are seizing produce and provisions, the property
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of private individuals, and by what authority of law military officers are prohibiting the transportation of produce and provisions from one State of this Confederacy to another.
A message front the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Mitchel, 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.
Mr. Sparrow submitted the following resolution for consideration:
Resolved, That the Committee on Printing be instructed to inquire into the expediency of having one thousand copies of the conscript acts and the act in relation to exemptions printed for the use of the Senate.
The Senate proceeded to consider the said resolution; and
On the question,
To agree thereto?
It was determined in the negative.
So the resolution was not agreed to.
Mr. Henry (by leave) introduced
A bill (S. 122) to regulate the pay of the messenger to the President; 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 the 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.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the following joint resolutions:
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Robert E. Lee and the officers and men under his command for the victories on the Chickahominy;
On motion by Mr. Sparrow,
Ordered, That they lie on the table.
Mr. Lewis, from the Committee on Finance, to whom was referred the bill (S. 119) authorizing the Secretary of the Treasury to borrow of the States composing the Southern Confederacy, in their individual character of States, a sum not to exceed one hundred and fifty millions of dollars, reported it with an amendment.
On motion by Mr. Lewis,
Ordered, That said bill be transferred to the Secret Legislative Calender.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 89) for the relief of the Bible Society of the Confederate States of America; and no amendment being proposed, it was reported to the Senate.
Ordered, That the 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.
On motion by Mr. Haynes, that the Senate proceed to the consideration of the joint resolution (S. 16) relative to provost-marshals,
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, Clark, Haynes, Hill, Lewis, Oldham, Orr, Preston, Semmes, and Yancey.
Those who voted in the negative are,
Messrs. Clay, Davis, Henry, Hunter, Johnson, Phelan, Sparrow, and Wigfall.
So the Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (S. 16) relative to provost-marshals.
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The question being on agreeing to the following amendment proposed by Mr. Oldham, viz:
After "Confederacy," in the eighth line of the first section, insert 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,
Mr. Oldham withdrew the same.
No further amendment being proposed, the resolution was reported to the Senate and the amendments were concurred in.
On the question,
Shall this resolution be engrossed and read a third time?
Mr. Oldham demanded the question; which was seconded, and
The question being put,
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, Haynes, Hill, Hunter, Johnson, Lewis, Mitchel, Oldham, Orr, Preston, Semmes, and Yancey.
Those who voted in the negative are,
Messrs. Clay, Davis, Henry, Phelan, and Sparrow.
So it was
Ordered, That the resolution be engrossed and read a third time.
The said resolution was read the third time.
On the question,
Shall the resolution now pass?
Mr. Semmes demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Resolved, That this resolution pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The Senate resumed the reconsideration of the bill (S. 73) entitled "An act to amend an act entitled 'An act for the establishment and organization of a general staff for the Army of the Confederate States of America,' approved twenty-sixth February, eighteen hundred and sixty-one," returned by the President of the Confederate States with his objections; and
On the question,
Shall the bill pass?
The vote being taken by yeas and nays as required by the Constitution,
Those who voted in the affirmative are,
Messrs. Haynes, Orr, Phelan, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Clay, Henry, Hunter, Johnson, Mitchel, Preston, Semmes, Sparrow, and Yancey.
So it was
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Resolved, That the bill do not pass, two-thirds of the Senate not agreeing thereto.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Sparrow,
The Senate resolved into secret legislative session.
The doors having been opened,
Mr. Mitchel, 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 forth with presented to the President of the Confederate States for his approval.
Mr. Wigfall submitted the following motion for consideration:
Ordered, That the vote on the passing of the bill (H. R. 8) to increase the pay of privates and noncommissioned officers in the Army of the Confederate States be reconsidered.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison. his Secretary:
Richmond, Va., October 8, 1862.
To the Senate:
I herewith transmit a communication from the Secretary of War, in response to your resolution of the 1st instant, submitting copies of all orders which have issued from the War Department suspending the writ of habeas corpus.
It will be observed that in some cases, in addition to the suspension of the writ of habeas corpus, all civil jurisdiction (with the exception specified) was also suspended.
But the criminal jurisdiction of the ordinary courts has been in no instance interfered with, their action in all such cases being regarded as an assistance and not an obstacle to the military authorities in accomplishing the purposes of the proclamations.
The authority to suspend the writ of habeas corpus having expired by the limitation set in the act approved April 19, 1862, I have only to add that the writ is now nowhere suspended by action of the Executive.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Orr,
Ordered, That the message and accompanying documents be laid on the table and printed.
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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 and House of Representatives of the Confederate States of America:
The near approach of the day fixed for your adjournment induces me to renew certain recommendations made at the commencement of the session, and for which legislation has not yet provided. The subject of the efficiency of the Army is one of paramount importance, and the letter of the Secretary of War herewith submitted has been elicited by correspondence with the generals of our armies in the field, whose practical experience of the evils resulting from the defects in our present system entitles their opinion to great weight.
An army without discipline and instruction can not be relied on for purposes of defense, still less for operations in an enemy's country. It is in vain to add men and munitions unless we can at the same time give to the aggregated mass the character and capacity of soldiers. The discipline and instruction required for its efficiency can not be imparted without competent officers. No power now exists by law for securing such officers to fill vacancies when elections and promotions fall to accomplish the object.
Extreme cases ought not to furnish a rule, yet some provision should be made to meet evils, even exceptional, in a matter so vitally affecting the safety of our troops. Tender consideration for worthless and incompetent officers is but another name for cruelty toward the brave men who fall sacrifices to these defects of their leaders. It is not difficult to devise a proper mode of obviating this evil. The law authorizes the refusal to promote officers who are found incompetent to fill vacancies and the promotion of their juniors in their stead; but instances occur in which no officer remaining in a regiment is fit to be promoted to the grade of colonel, and no officer remaining in a company is competent to command it as captain. Legislation providing for the selection, in such cases, of competent officers from other regiments of the same State, affords a ready remedy for this evil, as well as for the case when officers elected are found unfit for the positions to which they may be chosen. This selection can be made in such manner as may seem to Congress most advisable; but this or some other remedy is indispensable for filling numerous vacancies now existing.
While this deficiency of competent officers exists in some cases, there is a large excess in others. Numerous regiments and companies have been so reduced by the casualties of war, by sickness and other causes, as to be comparatively useless under the present organization. There are companies in the Army in which the number of officers exceeds that of privates present for duty, and regiments in which the number of such privates does not exceed that which is required for a single effective company. The cost of supporting the Army, already a very heavy burden on the resources of the country, is thus increased to an extravagant extent. But this is of secondary importance compared with the inefficiency which results from this condition of things. Some legislation which shall provide for the consolidation of companies and regiments when thus reduced in numbers, and where conscripts can not be obtained from a State in sufficient numbers for filling the ranks, is of pressing necessity; and a deep sense of duty impels me to repeat that no consideration for the officers who may be unfortunately deprived of commands ought or can safely be permitted to obstruct this salutary reform.
It may be proper to remark that the necessity for this consolidation and the consequent discharging of tried and meritorious officers will obviously be increased by all legislative action permitting new organizations to be formed of men who by the provisions of the conscript law were directed to be incorporated into existing companies and regiments.
JEFFERSON DAVIS.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Johnson,
The Senate adjourned until to-morrow morning at 11 o'clock.
SECRET SESSION.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 119) authorizing the Secretary of the Treasury to borrow of the States composing the Southern Confederacy, in their
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individual character of States, a sum not to exceed one hundred and fifty millions of dollars.
The reported amendment having been agreed to, and no further amendment being proposed, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the bill 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 Secretary of the Treasury to borrow money of the several States."
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Sparrow (by leave) introduced
A bill (S. 123) to promote the efficiency of the Army, and to provide for filling vacancies in certain cases:
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Phelan, to amend the bill by striking out the fourth section thereof and inserting:
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Phelan by inserting after "field," line 2, section 1, the words "or company;" by striking out all of the first section from "incompetency," in the fifth line, to "positions," in the twentieth line, and inserting in lieu thereof the words "the next in rank shall be promoted to fill the vacancy thus created;" and by striking out the second section,
On motion by Mr. Orr, that the further consideration of the bill be postponed to and made the special order for to-morrow at 1 o'clock, and that the bill and amendments be printed,
On motion by Mr. Clark, that the bill be postponed indefinitely,
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Mr. Yancey demanded the question; which was seconded, and
The question being put,
Shall the bill be postponed indefinitely?
On motion by Mr. Sparrow,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clark, Haynes, Hunter, Johnson, Lewis, Mitchel, Oldham, Orr, Peyton, Preston, and Yancey.
Those who voted in the negative are,
Messrs. Clay, Davis, Henry, Phelan, Semmes, Sparrow, and Wigfall.
On motion by Mr. Wigfall, that the last-mentioned vote be reconsidered,
It was determined in the negative.
So it was
Ordered, That said bill be postponed indefinitely.
The bill (H. R. --) to authorize Primus Emerson, Edward Haven, jr., and others to fit out vessels to operate against the common enemy was read the first and second times and referred to the Committee on Naval Affairs.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) to amend an act recognizing the existence of war between the United States and the Confederate States. and concerning letters of marque, prizes, and prize goods; 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. --) to provide for the building of certain vessels of war; 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.
Mr. Clay submitted the following motion for consideration:
Ordered, That the vote on the passing of the bill (H. R. --) to provide for the building of certain vessels of war be reconsidered.
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 of the Confederate States:
I herewith transmit a letter from the Secretary of the Treasury in relation to the fiscal affairs of our Government, and invite for its statements your special attention.
The propriety of providing for the payment of every loan or use of Government credit by an adequate tax is too obvious to require argument.
Though the day of payment may be postponed, as to some extent in the conduct of great wars it must, still there must be such assurance of future payment as to maintain the credit of the Government, or there will be a consequent depreciation of its currency and a proportionate increase of the burden which the people must have hereafter to bear.
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I trust it will be possible for the wisdom of Congress in some manner to secure the result sought for in the propositions submitted by the Secretary of the Treasury.
JEFFERSON DAVIS.
Executive Office.
Richmond, October 8, 1862.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Clay,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred (on the 6th instant) the nominations of E. Greer to be brigadier-general; W. H. Toon to be lieutenant-colonel; F. T. J. Brandon, John H. Tillinghast, to be chaplains; L. Du Bos, J. F. Crosby, F. S. De Wolfe, to be captains in the Adjutant-General's Department; Charles L. Mathews, John D. Myrick, James P. Smith, T. B. Mackall, B. G. Duval, to be aids-de-camp, with rank of first lieutenant; A. Kerr Leigh, L. B. Taylor, William O. Burton, W. H. Harris, to be assistant quartermasters, with rank of captain; John O. Heriot to be assistant commissary, with rank of captain; J. Wood Davidson, Samuel J. Cumming, Robert Aldrich, to be adjutants, with rank, etc., of first lieutenant, reported, with the recommendation that all of said nominations be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to their appointment, agreeably to their respective nominations.
On motion by Mr. Hill, that the Senate proceed to the consideration of the motion submitted by him on the 4th instant, to reconsider the vote rejecting the nomination of Jos. R. Davis to be brigadier-general,
On motion by Mr. Orr, that the Senate resolve into open legislative session,
It was decided in the negative.
On the question to agree to the motion submitted by Mr. Hill,
It was decided in the affirmative.
So the Senate proceeded to consider the motion submitted by Mr. Hill, on the 4th instant, to reconsider the vote rejecting the nomination of Jos. R. Davis to be brigadier-general.
On the question to agree thereto,
After debate,
On motion by Mr. Yancey,
That the Senate resolve into open legislative session,
It was determined in the negative.
On motion by Mr. Yancey,
That the Senate adjourn,
It was determined in the negative.
The question then recurring on the motion to reconsider the vote rejecting the nomination of Jos. R. Davis,
It was determined in the affirmative.
On the question,
Will the Senate advise and consent to the appointment of Jos. R. Davis to be brigadier-general?
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Mr. Henry demanded the question; which Was seconded, and
The question being put,
Will the Senate advise and consent to the appointment of Jos. 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, Haynes, Henry, Hill, Hunter, Johnson, Lewis, Mitchel, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Clark, Clay, Davis, Oldham, Orr, and Preston.
So it was
Resolved, That the Senate advise and consent to the appointment of Jos. R. Davis to be brigadier-general, 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 8, 1862.
To the Senate:
I herewith transmit a communication from the Secretary of War, correcting mistakes in certain nominations recently sent in, to which I invite your special attention.
JEFFERSON DAVIS.
Confederate States of America, War Department,
Richmond, October 8, 1862.
Sir: I recommend the following correction of names in the nomination list sent from this Department September 24, 1862, viz:
I recommend also the withdrawal of the nomination of A. Coward, to be colonel of the Fifth South Carolina Regiment.
I am, sir, respectfully, your obedient servant,
GEO. W. RANDOLPH,
Secretary of War.
To His Excellency the President.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Johnson,
The Senate resolved into open legislative session.
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