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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, January 26, 1863.
OPEN SESSION.
The Hon. Robert W. Johnson, from the State of Arkansas, attended.
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire and report whether an officer of the Army of the United States, acting under the authority of that Government, can be made liable to punishment as a criminal for violation of the criminal laws of a State by a State tribunal when turned over to State authorities by order of the President.
A message 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:
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Mr. Baker (by leave) introduced
A bill (S. 14) to authorize newspapers to be mailed to soldiers free of postage;
which was read the first and second times and referred to the Committee on Post-Offices and Post-Roads.
Mr. Sparrow submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Military Affairs be instructed to inquire into the propriety and expediency of building a railroad or a plank road from Clinton, in the parish of East Feliciana, Louisiana, to intersect the New Orleans and Jackson Railroad at the most eligible point, so as to complete the connection between Jackson, Mississippi, and Port Hudson, Louisiana, or of aiding such company or companies as may be willing to undertake said work under stipulations and upon conditions to be prescribed by the President; and that the committee report by bill or otherwise.
Mr. Brown (by leave) introduced
A bill (S. 15) for the reorganization of the Navy of the Confederate States, to establish and equalize the grade of officers, and for other purposes;
which was read the first and second times and referred to the Committee on Naval Affairs.
Mr. Orr presented the petition of James Dunbar and others, praying the establishment of a mail route; which was referred to the Committee on Post-Offices and Post-Roads.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 8) to provide and organize engineer troops to serve during the war, reported it with an amendment.
On motion by Mr. Orr.
Ordered, That the bill and amendment be printed.
The bills this day received from the House of Representatives for concurrence were severally read the first and second times.
Ordered, That the bill numbered 3 be referred to the Committee on Military Affairs and that the bill numbered 4 be referred to the Committee on Finance.
Mr. Clay presented the credentials of the Hon. Allen T. Caperton, elected a Senator by the general assembly of the State of Virginia to fill the vacancy occasioned by the death of the Hon. William Ballard Preston; which were read, and the oath prescribed by the Constitution was administered to Mr. Caperton, and he took his seat in the Senate.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 4) making appropriations to meet the increase of pay authorized by the act of Congress entitled "An act to increase the pay of certain officers and employees in the executive and legislative departments," approved October 13, 1862, 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 proceeded, as in Committee of the Whole, to the consideration of the bill (S. 7) to place hospitals under military control.
On motion by Mr. Semmes,
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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. 3) to organize the Supreme Court of the Confederate States.
On motion by Mr. Burnett, that the bill be postponed indefinitely,
On motion by Mr. Semmes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are.
Messrs. Barnwell, Brown, and Burnett.
Those who voted in the negative are,
Messrs. Baker, Caperton, Clay, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Maxwell, Mitchel, Orr, Phelan, Semmes, Sparrow, Wigfall, and Yancey.
On motion by Mr. Hill, from the Committee on the Judiciary, to amend the bill by striking out, section 1, line 3, the word "three" and inserting in lieu thereof the word "four,"
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Hill by striking out "four" and inserting "two,"
It was determined in the negative.
On the question to agree to the amendment proposed by Mr. Hill,
It was determined in the affirmative.
On motion by Mr. Sparrow,
Ordered, That the further consideration of this bill be postponed until to-morrow.
On motion by Mr. Sparrow,
The Senate resolved into executive [secret?] session.
The doors having been opened,
On motion by Mr. Sparrow,
The Senate adjourned.
SECRET SESSION.
Mr. Barnwell, from the Committee on Finance, to whom was referred the communication from the Secretary of the Treasury on the subject, reported
A bill (S. 16) to authorize the issue of bonds to the Bank of Louisiana;
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. Sparrow, from the Committee on Military Affairs, to whom was referred the message of the President of the Confederate States, transmitting the reports of Maj. Gen. G. W. Smith, and his subordinates, of recent military operations in North Carolina, reported the same.
Ordered, That it lie on the table.
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Mr. Phelan submitted the following resolution for consideration:
Resolved, That the Secretary of the Senate be instructed to request the reporters of the public journals not to publish the resolution offered to the Senate this day, in relation to the right of the President to turn over to the respective States of this Confederacy officers of the United States taken prisoners by our forces for offenses against the criminal laws of said States.
The Senate proceeded to consider the said resolution; and
On motion by Mr. Orr, to amend the resolution by striking out all after the word "Resolved" and inserting:
That the resolution adopted this day by the Senate, in open session, directing the Committee on the Judiciary to inquire into and report their opinion whether an officer of the Army of the United States acting under the authority of that Government can be made liable to punishment as a criminal for violation of the criminal laws of a State, etc., be transferred to the Journal of the Secret Legislative Session of the Senate,
It was determined in the affirmative.
On the question to agree to the resolution as amended,
It was determined in the affirmative.
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., January 24, 1863.
To the Senate of the Confederate States:
I have the honor to request that you will return my message submitting certain naval nominations, dated the 17th instant.
JEFFERSON DAVIS.
The message was read.
Ordered, That the President's message of the 17th instant be returned, agreeably to his request.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., January 22, 1863.
To the Senate of the Confederate States:
I hereby nominate Josiah C. Orr, to be postmaster at Athens, Ga., his commission to be dated from the 10th of October, 1862. This nomination was made during the last session of Congress, and I am not informed that any action was taken upon it.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Hill,
The Senate proceeded to consider the nomination of Josiah C. Orr, to be postmaster at Athens, Ga.; and it was
Resolved, That the Senate advise and consent to the appointment of Josiah C. Orr, to be postmaster at Athens, Ga., 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, January 26, 1863.
To the Senate of the Confederate States:
I hereby nominate Lieut. John Taylor Wood, of the Navy, to be aid-de-camp on my staff, with the rank, pay, etc., of a colonel of cavalry, in place of Col. Joseph R. Davis, resigned.
JEFFERSON DAVIS.
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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, January 23, 1863.
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, January 22, 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. Sparrow,
The Senate resolved into open legislative session.
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