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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 --TUESDAY, February 17, 1863.
OPEN SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed, with amendments, the bill of the Senate (S. 35) to authorize the issue of bonds for funding Treasury notes; in which amendments they request the concurrence of the Senate.
Mr. Wigfall submitted the following motion for consideration:
Ordered, That the vote by which the Senate, on yesterday, proceeded to the appointment of a member to fill the vacancy occasioned in the Committee on Foreign Affairs by the retirement of Mr. Hunter, be reconsidered.
On motion by Mr. Sparrow,
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Ordered, That the Committee on Military Affairs be discharged from the further consideration of the message of the President of the Confederate States, transmitting an estimate for the incidental and contingent expenses of the Army and of the Department of War until the 30th of June next, and that it be referred to the Committee on Finance.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 46) to amend an act entitled "An act to provide for transportation of persons who have been mustered into the service for the war," reported it with the recommendation that it ought not to pass.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 48) to authorize the discharge of certain civil officers from the military service of the Confederate States, reported it with amendments.
On motion by Mr. Sparrow,
Ordered, That the bill and amendments be printed.
On motion by Mr. Mitchel,
The Senate proceeded, in conformity to the thirty-second rule, to the appointment, by ballot, of a member to fill the vacancy existing in the Special Committee on Hospitals.
And Mr. Caperton was appointed.
Mr. Yancey presented a memorial of lieutenants in the Confederate States Navy, praying the passage of an act allowing them the rank and pay of lieutenants commanding while serving as ordnance officers on shore; which was referred to the Committee on Naval Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 17, 1863.
To the Senate and House of Representatives:
I herewith transmit a report of the Postmaster-General, supplemental to his report submitted to Congress at the opening of the present session, to which I invite your special attention.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Oldham,
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads and printed.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 17, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, asking for an appropriation to meet a claim of the State of North Carolina for reimbursement of sums expended upon clothing, etc., for troops of that State in the Confederate service.
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.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 35) to authorize the issue of bonds for funding Treasury notes; and
On motion by Mr. Barnwell,
Ordered, That they be referred to the Committee on Finance.
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The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 27) defining who shall be exempt from military service in the armies of the Confederate States.
On the question to agree to the motion submitted by Mr. Orr, that the vote on rejecting the following amendment proposed by Mr. Dortch, viz, to insert after the word "unfit," section 1, line 5, the words "for service in the field," be reconsidered.
It was determined in the affirmative.
The Senate proceeded to consider the said amendment; and
The question being put on agreeing thereto,
It was determined in the affirmative.
On motion by Mr. Mitchel, to amend the bill by inserting after the word "come," section 1, line 8, the words
and those heretofore discharged on account of bodily or mental incapacity, by certificate of a surgeon in the service of the Confederate States,
On motion by Mr. Hill, to amend the amendment proposed by Mr. Mitchel by striking out all after the word "and" and inserting the words "persons so exempted shall not be again liable to be enrolled,"
On motion by Mr. Mitchel,
The yeas and nays being desired by one-fifth of the Senators present
Those who voted in the affirmative are,
Messrs. Barnwell, Caperton, Henry, Hill, and Orr.
Those who voted in the negative are,
Messrs. Baker, Brown, Burnett, Clark, Davis, Dortch, Haynes, Hunter, Johnson of Arkansas, Maxwell, Mitchel, Oldham, Peyton, Semmes, Simms, Sparrow, Wigfall, and Yancey.
On the question to agree to the amendment proposed by Mr. Mitchel,
On motion by Mr. Mitchel,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clark, Haynes, Hunter, Johnson of Arkansas, Maxwell, Mitchel, Oldham, Peyton, Simms, and Yancey.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Burnett, Caperton, Davis, Dortch, Henry, Hill, Orr, Semmes, Sparrow, and Wigfall.
On motion by Mr. Brown, to amend the bill by inserting after the word "law," section 1, line 21, the words
but it is expressly required of the heads of Departments, the Adjutant and Inspector General, the Quartermaster and Commissary Generals, the heads of bureaus, and all others having clerks or other persons employed in subordinate positions, who are liable to military duty, to cause such persons to be enrolled at once as conscripts, and then proceed as rapidly as possible to have their places filled by competent persons who are not liable to military duty,
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, Clark, Hill, Johnson of Arkansas, Mitchel, Oldham, Orr, Peyton, and Simms.
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Those who voted in the negative are,
Messrs. Baker, Barnwell, Caperton, Davis, Dortch, Haynes, Henry, Hunter, Semmes, Sparrow, Wigfall, and Yancey.
On motion by Mr. Hill, to amend the bill by inserting after the word "law," section 1, line 21, the following proviso:
Provided, This act shall not be construed to exempt from service persons appointed by the officers of the Executive Departments, or by other executive authority, since the sixteenth day of April, eighteen hundred and sixty-two, and who were liable to military service when appointed under the various acts of enrollment,
It was determined in the affirmative.
On motion by Mr. Sparrow,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Caperton,
The Senate adjourned.
EXECUTIVE SESSION.
Mr. Sparrow submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire whether the officers who may be appointed under the Permanent Government to the same grade which they held under the Provisional Government, will take rank from the date of their last appointment, or from their appointment under the Provisional Government.
Second, That if the committee are of opinion that the officer appointed under the Permanent Government to the same grade he held under the Provisional Government takes rank from the date of the appointment under the Permanent Government, whether Congress has the constitutional power to provide by law that the rank of the officer shall date from his appointment under the Provisional Government.
Mr. Wigfall (by leave) introduced
A joint resolution (S. 6) in relation to foreign affairs;
which was read the first and second times and referred to the Committee on Foreign Affairs.
On motion by Mr. Johnson of Arkansas,
The Senate resolved into open legislative session.
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