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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, December 30, 1863.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 3]
WEDNESDAY, December 30, 1863.

OPEN SESSION.

Mr. Hill presented a resolution of the general assembly of the State of Georgia, affirming the right of all soldiers who went from Georgia through the agency of the State to elect their regimental, battalion, and company officers; which was read.

Ordered, That it be referred to the Committee on Military Affairs and printed.


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On motion by Mr. Semmes,

Ordered, That the Hon. Edward Sparrow be excused for his absence from the sessions of the Senate, on account of sickness.

Mr. Phelan presented the following resolutions of the legislature of the State of Mississippi; which were severally read, viz:

Ordered, That they be referred to the Committee on Military Affairs and printed.

Mr. Phelan presented a resolution of the legislature of the State of Mississippi in relation to the appointment of an agent or agents, on the part of the Confederate States, to visit the different portions of the State of Mississippi, for the purpose of auditing, adjusting, and paying off certificates and receipts given persons therein for provisions and other property impressed and used by order of Confederate States officers, and to pay off the amounts due the families or legal heirs of deceased soldiers; which was read.

Ordered, That it be referred to the Committee on Claims and printed.

Mr. Phelan (by leave) introduced

A bill (S. 170) to provide for the auditing and payment of certain claims in the State of Mississippi;
which was read the first and second times and referred to the Committee on the Judiciary.

A message from the House of Representatives, by Mr. Dalton:

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

The bills received this day from the House of Representatives for concurrence were severally read the first and second times.

Ordered, That the bill numbered 79 be referred to the Committee on the Judiciary and the bill numbered 80 to the Committee on Military Affairs.

Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 75) to amend an act to regulate impressments, approved March 26, 1863, and to repeal an act amendatory thereof, approved April 27, 1863, reported it with amendments.

On motion by Mr. Hill,

Ordered, That the bill and amendments be printed.

On motion by Mr. Hill,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the following subjects:

A resolution inquiring if any and what additional legislation is necessary to protect the rights of citizens against the arbitrary unjust and needless impressment of precisions under the orders from the Commissary-General, and whether additional efficiency in that department may not be secured by increased energy, industry, and effort by officials to make purchases for the subsistence of the Army.


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On motion by Mr. Hill,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of a resolution inquiring into the expediency of so amending existing laws as that assessments, under the tax laws, of produce and property, shall conform to the schedule of prices fixed by the commissioners in the respective States under the impressment act, and that it be referred to the Committee on Finance.

Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 78) providing for filling vacancies of Delegates to Congress in certain Indian nations, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill last mentioned; and no amendment being proposed, 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 resumed, as in Committee of the Whole, the consideration of the bill (S. 161) to repeal an act entitled "An act to regulate the destruction of property under military necessity, and to provide for the indemnity thereof," and no amendment being proposed, it was reported to the Senate.

On the question,

Shall the bill be engrossed and read a third time?

On motion by Mr. Phelan,

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

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Clark, Henry, Hunter, Jemison, Johnson of Georgia, Johnson of Arkansas, Maxwell, and Phelan.

Those who voted in the negative are,

Messrs. Brown, Davis, Dortch, Hill, Orr, and Semmes.

So it was

Ordered, That this 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.

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 28th instant, approved and signed an act (S. 142) to prevent the enlistment or enrollment of substitutes in the military service of the Confederate States.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 76) to put an end to the exemption from military service of those who have heretofore furnished substitutes.

On motion by Mr. Maxwell, to amend the bill by adding thereto the following:
Nor shall it affect any person who is now actually employed in the cultivation or in superintending the cultivation of his farm or plantation, or the farm or plantation


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of another, unless his substitute has deserted, or is between eighteen and forty-five years of age: Provided, There is no other white male person on such farm or plantation managing, or capable of managing, the cultivation of the same,

After debate,

On motion by Mr. Orr, that the Senate resolve into executive session,

It was determined in the negative.

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

It was determined in the negative.

On motion by Mr. Semmes, to amend the bill by adding thereto the following additional section:

On motion by Mr. Johnson of Arkansas,

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

Those who voted in the affirmative are,

Messrs. Baker, Clay, Davis, Hill, Hunter, Johnson of Georgia, Johnson of Arkansas, Maxwell, Orr, and Semmes.

Those who voted in the negative are,

Messrs. Brown, Caperton, Clark, Dortch, Henry, Jemison, Phelan, Simms, Sparrow, and Wigfall.

So the amendment was not agreed to.

On motion by Mr. Orr, to amend the bill by striking out all after the enacting clause and inserting:

That all principals who were liable to conscription under the several laws of Congress, and who have furnished substitutes since the nineteenth day of May, eighteen hundred and sixty-two, whose substitutes were not exempt from conscription, or who have since, or hereafter may become liable to conscription, and all principals who have furnished substitutes since the eighth day of September, eighteen hundred and sixty-two, who were under the age of eighteen years, or who were furnished in any partisan corps, or in any company not fully organized and received by the War Department, and all principals who have since the twentieth day of July, eighteen hundred and sixty-three, furnished substitutes, and the services of such substitutes have been or hereafter may be lost from any cause other than the casualties of war, are hereby declared liable to military service in the armies of the Confederate States, and shall be immediately enrolled and placed in said service.

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, Hill, Johnson of Georgia, Maxwell, and Orr.

Those who voted in the negative are,

Messrs. Brown, Caperton, Clark, Clay, Davis, Dortch, Henry, Hunter, Jemison, Johnson of Arkansas, Phelan, Semmes, Simms, Sparrow, and Wigfall.


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So the amendment was not agreed to.

On motion by Mr. Wigfall, to amend the bill by striking out of the enacting clause the words "do, therefore" and inserting in lieu thereof the words "of America do,"

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 bill pass to a third reading.

The said bill as amended was read the third time.

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. Brown, Caperton, Clark, Clay, Davis, Dortch, Henry, Hill, Hunter, Jemison, Johnson of Arkansas, Maxwell, Phelan, Semmes, Simms, Sparrow, and Wigfall.

Those who voted in the negative are,

Messrs. Johnson of Georgia and Orr.

So it was

Resolved, That this bill pass, with an amendment.

Ordered, That the Secretary request the concurrence of the House or Representatives in the amendment.

On motion by Mr. Clark,

Ordered, That the Hon. Waldo P. Johnson have leave of absence from the sessions of the Senate until Monday next.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., December 28, 1863.

To the Senate of the Confederate States:

I herewith transmit a communication from the Secretary of State, covering a copy of that portion of his correspondence referred to in my message of the 7th instant, which has not been previously submitted.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Foreign Affairs.

The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Richmond, Va., December 28, 1863.

To the Senate and House of Representatives:

I herewith transmit a communication from the Secretary of War, covering copies of additional reports of military operations of the year 1862, which should have accompanied the report of Gen. R. E. Lee, submitted for your information on the 24th instant.

JEFFERSON DAVIS.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

On motion by Mr. Clay,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Clark,

The Senate adjourned.


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EXECUTIVE SESSION.

The following message was received from the President of the Confederate States, by Mr. Harrison, his Secretary:

Richmond, December 28, 1863.

To the Senate:

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.

War Department, Richmond, December 8, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
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. Harrison, his Secretary:

Richmond, December 28, 1863.

To the Senate:

Agreeably to the recommendation of the Secretary of War, I nominate Lieut. Col. E. B. White, of South Carolina, to be colonel of artillery, Provisional Army Confederate States,

JEFFERSON DAVIS.


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War Department, Richmond, December 28, 1863.

Sir: I have the honor to recommend the following nomination for appointment in the Provisional Army of the Confederate States of America:

I have the honor to be, respectfully, your obedient servant,

JAMES A. SEDDON,
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. Harrison, his Secretary:

Richmond, December 28, 1863.

To the Senate:

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.

War Department, Richmond, December 8, 1863.

Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:

I am, sir, respectfully, your obedient servant,

JAMES A. SEDDON,
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.

On motion by Mr. Clark,

The Senate resolved into open legislative session.

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