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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 9, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2]
THURSDAY, October 9, 1862.

OPEN SESSION.

Mr. Semmes, from the Committee on Finance, to whom was referred the bill (S. 120) to raise money for the support of the Government, reported it with an amendment by way of substitute therefor.

On motion by Mr. Phelan, that the bill and amendment be printed and made the special order for to-morrow at 12 o'clock,

It was determined in the negative.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 120) last mentioned.

On motion by Mr. Phelan, that the further consideration thereof be postponed to and made the special order for to-morrow at 12 o'clock,


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It was determined in the negative.

On motion by Mr. Phelan, that the further consideration of the bill be postponed to 2 o'clock to-day,

It was determined in the negative.

On motion by Mr. Yancey,

Ordered, That the further consideration of the bill be postponed to and made the special order for 12 o'clock to-day.

Mr. Sparrow submitted the following resolution; which was considered and agreed to:

Resolved, That the Sergeant-at-Arms be authorized to rent or lease suitable rooms for the use of the standing committees of the Senate, and to have the same furnished and ready for use at the opening of the next session of Congress.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 91) to authorize the suspension of the writ of habeas corpus.

On motion by Mr. Haynes,

Ordered, That the further consideration thereof be postponed until to-morrow.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 86) to establish the court for the investigation of claims against the Government of the Confederate States.

On motion by Mr. Semmes,

Ordered, That the further consideration thereof be postponed until the second Monday in January next.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 114) for the relief of certain officers of the Navy and of the Marine Corps; 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. Brown,

Ordered, That the President pro tempore appoint two additional members on the Committee on Naval Affairs; and

Mr. Davis and Mr. Johnson were appointed.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 110) to amend the several acts for the establishment and organization of the general staff of the Army of the Confederate States of America.

On the question to agree to the following reported amendment, viz:

Add the following additional section:

It was determined in the negative.

The hour of 12 o'clock having arrived,

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 120) to raise money for the support of the Government.

After debate,


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On motion by Mr. Yancey,

Ordered, That the bill be transferred to the Secret Legislative Calendar.

On motion by Mr. Yancey,

The Senate resolved into secret legislative session.

The doors having been opened,

The following message was received from the House of Representatives, by Mr. McDonald:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate:

The President of the Confederate States having returned to the House of Representatives the bill (H. R. 23) to amend an act for the establishment and organization of the Provisional Army of the Confederate States of America, approved March 6, 1861, with his objections thereto, the House of Representatives, upon reconsideration, refused to pass said bill.

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 8th instant, approved and signed the following acts:

The President has to-day approved and signed the following act:

Ordered, That the Secretary inform the House of Representatives thereof.

On motion by Mr. Johnson,

The Senate adjourned until to-morrow morning at 11 o'clock.

SECRET SESSION.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 120) to raise money for the support of the Government.

On motion by Mr. Orr, to amend the bill by striking out, section 1, line 4, the word "impress" and inserting in lieu thereof the words "if, after reasonable effort, he can not purchase, then to impress so much as will amount in aggregate to,"

After debate,

Mr. Yancey demanded the question; which was seconded, and

The question being put,

It was determined in the affirmative.

On motion by Mr. Yancey, to amend the bill by inserting, section 1, line 4, after the word "cotton," the words "and twenty-five thousand hogsheads of tobacco,"

It was determined in the affirmative.

On motion by Mr. Yancey, to amend the bill by striking out of the first section the words "atcents per pound" and inserting in lieu thereof the words "at their full market value for such bonds,"


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On motion by Mr. Brown, to amend the amendment proposed by Mr. Yancey, by adding thereto the words "not to exceed twenty cents per pound,"

Mr. Yancey demanded the question; which was seconded, and

The question being put,

It was determined in the negative.

On the question to agree to the amendment proposed by Mr. Yancey,

It was determined in the affirmative.

On motion by Mr. Brown, that the vote on agreeing to the amendment last mentioned be reconsidered,

On motion by Mr. Phelan,

Ordered, That the Senate take a recess until 8 o'clock p. m.

8 O'CLOCK P. M.

The Senate resumed, as in Committee of the Whole. the consideration of the bill (S. 120) to raise money for the support of the Government.

The question being on agreeing to the motion submitted by Mr. Brown, to reconsider the vote on agreeing to the following amendment, viz:

Strike out of the first section the words "atcents per pound" and insert in lieu thereof the words "at their full market value for such bonds,"
it was put; and

It was determined in the affirmative.

The said amendment being again under consideration, and having been modified by inserting after the word "bonds" the words "not less than twelve and a half cents, or over eighteen cents per pound for cotton, according to quality; and not less than fifteen cents or over thirty-five cents per pound for tobacco, according to quality,"

On the question to agree thereto,

Mr. Yancey demanded the question; which was seconded, and

The question being put,

It was determined in the affirmative.

So the amendment as modified was agreed to.

On motion by Mr. Yancey, to amend the bill by inserting after the first section the following independent section:

On motion by Mr. Orr, to amend the proposed amendment by striking out the proviso thereto,


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It was determined in the affirmative.

On the question to agree to the amendment proposed by Mr. Yancey, as amended,

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by filling the blank in the second section with "ten thousand dollars,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by filling the blank in the third section with "one hundred thousand,"

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by inserting after the fourth section the following independent section:

After debate,

Mr. Haynes demanded the question; which was seconded.

Pending which,

On motion by Mr. Johnson, that the Senate adjourn,

It was determined in the negative.

The question then recurring raider the operation of the call for the question; it was put, and

It was determined in the affirmative.

So the amendment was agreed to.

On motion by Mr. Orr, to amend the bill by inserting after the fifth section the following independent section:

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by striking out the sixth section thereof,

It was determined in the affirmative.

On the question to agree to the following reported amendment, viz:

Strike out all after the enacting clause and insert:

That all cotton and tobacco now on hand or hereafter obtained in exchange for bonds or stock under the provisions of the above-recited act, which may be sold or hypothecated to foreign governments at peace with the Confederate States or the subjects of such foreign governments not domiciled in the Confederate States or resident therein, and who are not alien enemies or citizens of the United States, may be transported to the seacoast and thence exported by sea from any port or place within the limits of the Confederate States, notwithstanding such port or place may now or hereafter be in the possession of the enemy, and such cotton and tobacco so sold or hypothecated by the Government of the Confederate States shall not be destroyed to prevent the same from falling into the hands of the enemy so long as the same remains the property of such foreign governments or subjects; and no transfer or sale thereof by such foreign governments or subjects while said cotton or tobacco is within the Confederate States shall be valid unless the same be made to another foreign government or subject at peace with the Confederate States, and any such transfer or sale made in violation of this act shall operate as a forfeiture of the cotton or


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tobacco so sold or transferred to the use of the Confederate States: Provided however, That such foreign governments shall guarantee that such cotton and tobacco owned by or hypothecated to them, or their subjects, as aforesaid, shall not be seized or appropriated by the enemy while the same remains within the boundaries or jurisdiction of the Confederate States,

Mr. Lewis demanded the question; which was seconded, and

The question being put,

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, Haynes, Hunter, Lewis, Mitchel, Oldham, Peyton, Preston, Semmes, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Clark, Henry, Johnson, Orr, Phelan, Sparrow, and Yancey.

On motion by Mr. Haynes, to amend the bill by inserting at the end thereof the following:

On motion by Mr. Brown, that the Senate adjourn,

It was determined in the negative.

On the question to agree to the amendment proposed by Mr. Haynes,

Mr. Haynes demanded the question; which was seconded, and

The question being put,

It was determined in the negative.

On motion by Mr. Semmes, to amend the bill by striking out the following words:

Provided, however, That such foreign Governments shall guarantee that such cotton and tobacco owned by or hypothecated to them, or their subjects, as aforesaid, shall not be seized or appropriated by the enemy while the same remains within the boundaries or jurisdiction of the Confederate States.

It was determined in the affirmative.

On motion by Mr. Henry that the Senate adjourn,

It was determined in the negative.

No further amendment being made, the bill was reported to the Senate and the amendments matte as in Committee of the Whole were concurred in.


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On the question,

Shall the bill be engrossed and read a third time?

Mr. Brown demanded the question; which was seconded, and

The question being put,

It was determined in the affirmative.

So it was

Ordered, That the bill be engrossed and read a third time.

On motion by Mr. Henry, that the vote on ordering the bill to be engrossed and read a third time, be reconsidered,

It was determined in the negative.

The said bill was read the third time and the title was amended.

On the question,

Shall the bill now pass?

On motion by Mr. Brown,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Clay, Davis, Haynes, Hunter, Johnson, Lewis, Mitchel, Oldham, Orr, Peyton, Phelan, Preston, Semmes, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Clark, Henry, Sparrow, and Yancey.

So it was

Resolved, That this bill pass, and that the title thereof be "An act to amend an act entitled 'An act to authorize the exchange of bonds for articles in kind, and the shipment, sale, or hypothecation of such articles,' approved April twenty-one, eighteen hundred and sixty-two."

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Johnson,

The Senate resolved into open legislative session.

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