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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, February 19, 1863.
OPEN SESSION.
Mr. Mitchel (by leave) introduced
A bill (S. 51) to alter and amend an act entitled "An act for the sequestration of the estates, property, and effects of alien enemies, and for indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States," approved August 30, 1861, and an act altering and amending the same, approved on the 15th day of February, 1862;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Barnwell, from the Committee on Finance, to whom was referred the bill (H. R. 11) to provide for refunding to the State of Alabama the amount overpaid by said State on account of the war tax of 1862, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 11) 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.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the joint resolution (H. R. 2) of thanks to Maj. Gen. J. Bankhead Megruder and officers and men of his command at Galveston, Tex., reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 2) last mentioned; and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said resolution was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Hill, from the Committee on the Judiciary, reported
A bill (S. 52) to fix the rank of officers in the military and naval service of the Confederate States holding commissions under the Provisional
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Government when reappointed to offices of the same grade under the Permanent Government;
which was read the first and second times and ordered to be placed upon the Calendar and printed.
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 motion by Mr. Henry, to amend the bill by striking out the second section thereof and inserting:
On motion by Mr. Haynes, to amend the amendment proposed by Mr. Henry by adding thereto the following proviso:
And provided, That the enrolling officer shall be satisfied that no white male adult, not liable to military duty, can be procured, by ordinary diligence, suitable for said purpose,
It was determined in the affirmative.
On motion by Mr. Hill, to amend the amendment proposed by Mr. Henry by striking out "military," in the fourth line, and inserting "public,"
It was determined in the negative.
On motion by Mr. Maxwell, to amend the amendment proposed by Mr. Henry by striking out, in the third and fourth lines, the words "or a person absent from home in the military or naval service of the Confederacy,"
It was determined in the negative.
On motion by Mr. Yancey, to amend the section proposed to be stricken out by inserting after "States," in the eleventh line, the words "excluding quartermasters and commissaries at posts,"
It was determined in the negative.
On motion by Mr. Yancey, to amend the section proposed to be stricken out by inserting after "military," in the eleventh line, the words "and in the naval,"
It was determined in the affirmative.
On motion by Mr. Baker, to amend the section proposed to be stricken out by striking out, in the sixth line, the, words "overseer, agent, or owner" and inserting the word "person,"
It was determined in the affirmative.
On motion by Mr. Hill, to amend the amendment proposed by Mr. Henry by striking out all after "For" and inserting:
the proper police of slaves required by the several States, and to secure the production of supplies for the Army and the people, one person on each farm or plantation of twenty or more slaves, on which there is no white male adult not liable to military service, and none such can be procured by due diligence, and of which at least four-fifths of the land in cultivation is devoted to the production of grain and provisions. But this clause shall not extend to any farm or plantation owned or controlled by or in behalf of any white male adult, unless such white male adult be insane or lunatic, or absent from home in the military service, nor to any farm or plantation on which the slaves have been placed by division from any other place since the eleventh, day of October, eighteen hundred and sixty-two; and the owner or person controlling such farm or plantation, or person claiming this exemption, shall, if required by the
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enrolling officer, make and deliver to such officer an affidavit in writing, setting forth the number of slaves on such farm or plantation, that such slaves have not been placed thereon for the purpose of securing an exemption from military service, that there is but one white male adult on such farm or plantation, and that at least four-fifths of the land in cultivation is devoted to the production of grain and provisions; which affidavit shall be only prima facie evidence of the facts therein stated,
It was determined in the negative.
On motion by Mr. Phelan, to amend the amendment proposed by Mr. Henry by striking out the same and inserting in lieu thereof the following:
That one person may be exempted on every plantation upon which there are twenty or more slaves, four-fifths of the land belonging to which are actually appropriated to the cultivation of grain, and owned by any feme sole, person of unsound mind, or person absent in the military service of the Confederate States, whilst so absent; but this exemption shall not apply to any plantation upon which slaves have been removed by division from any other place since the eleventh day of October, eighteen hundred and sixty-two, nor to any person under the age of forty years: Provided, That affidavit shall be made by some respectable person that said plantation does contain twenty or more slaves, that none of them have been removed there from any other place since the eleventh of October, eighteen hundred and sixty-two, and that four-fifths of the land in cultivation are actually appropriated to the production of grain; which affidavit shall be filed with and deposited by the enrolling officer in the court having the jurisdiction of wills in the county of the residence of the party by whom the same was made,
It was determined in the negative.
On motion by Mr. Yancey, to amend the section proposed to be stricken out by striking out the word "on," in the second line, and inserting the words "previous to,"
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Henry, as amended,
It was determined in the affirmative.
On motion by Mr. Simms, that the last-mentioned vote be reconsidered,
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. Baker, Dortch, Hill, Johnson of Arkansas, Mitchel, Phelan, and Simms.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Caperton, Clark, Davis, Haynes, Henry, Hunter, Johnson of Georgia, Maxwell, Orr, Semmes, Sparrow, Wigfall, and Yancey.
A further amendment having been proposed to the bill by Mr. Haynes,
On motion by Mr. Semmes,
Ordered, That it be printed.
On motion by Mr. Semmes,
The Senate resolved into executive session.
The doors having been opened,
Mr. Burnett presented the memorial of John M. Sharp, president of the Bowling Green Bridge Company, in the State of Kentucky; praying to be allowed compensation for the destruction of a bridge; which was referred to the Committee on Claims.
On motion by Mr. Mitchel,
The Senate adjourned.
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EXECUTIVE SESSION.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom were referred (on the 4th instant) the nominations of William D. Coleman, to be postmaster at Danville, Va.; Joel W. Womack, to be postmaster at Farmville, Va.; Clayton J. Noel, to be postmaster at Wytheville, Va.; Moses A. Smith, to be postmaster at Salisbury, N. C.; George W. Fant, to be postmaster at Anderson, S. C.; Susan W. Thruston, to be postmaster at Greenville, S. C.; John A. Lee, to be postmaster at Spartanburgh, S.C.; Henry Haynesworth, to be postmaster at Sumter, S.C.; William A. Morrison, to be postmaster at Winnsboro, S. C.; William P. Hames, to be postmaster at Americus, Ga.; Newton J. Boaz, to be postmaster at Calhoun, Ga.; William P. Chester, to be postmaster at Dalton, Ga.; Archibald H. Sneed, to be postmaster at Forsyth, Ga.; John H. H. Colquit, to be postmaster at La Grange, Ga.; John Howard, to be postmaster at Tuskegee, Ala.; James L. Kendel, to be postmaster at Oxford, Miss., reported, with the recommendation that 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.
Mr. Semmes, from the Committee on the Judiciary, submitted the following resolution; which was considered and agreed to:
Whereas it appears by the records of the Senate, that on the twenty-ninth day of March, in the year eighteen hundred and sixty-two, C. B. Beverly was nominated to be marshal of the district of Louisiana, and that said nomination was confirmed by the Senate on the seventeenth day of April in the same year; and
Whereas the message of the President, transmitted to the Senate on second February, eighteen hundred and sixty-three, nominating Robert M. Lusher, to be marshal of the district of Louisiana, communicates no information as to the manner in which a vacancy has occurred in the office of marshal aforesaid, nor assigns any reasons for the removal o[ said Beverly from said office: Therefore,
Resolved, That the President he requested to communicate to the Senate the manner in which the office of marshal of the district of Louisiana has become vacant since the appointment and confirmation of C. B. Beverly; or, in case said Beverly be removed, his reasons for such removal.
On motion by Mr. Burnett,
The Senate resolved into open legislative session.
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