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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 --FRIDAY, February 20, 1863.
OPEN SESSION.
Mr. Yancey submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of the, repeal or the modification, in such manner as to prevent frauds, of the act allowing paymasters to pay soldiers without descriptive lists.
Mr. Sparrow presented a resolution of the general assembly of the State of Louisiana relative to exemptions; which was read.
On motion by Mr. Sparrow,
Ordered, That it be printed.
On motion by Mr. Orr,
Ordered, That the Committee on Foreign Affairs be discharged from the further consideration of the communication from the Secretary of
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the Treasury in relation to the mode in which those acts of Congress which make appropriations for ministers or agents abroad have been administered in that Department; and that it be referred to the Committee on Finance.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the 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, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 51) last mentioned; and the reported amendments having been agreed to, the bill was reported to the Senate and the amendments were concurred in.
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. Davis,
Ordered, That the Committee on Claims bc discharged from the further consideration of the following subjects, and that they be referred to the Committee on Military Affairs:
Petition of John Sample, praying to have his son, J. A. Sample, lieutenant, Company A, Seventh Mississippi Regiment, allowed back pay; and
Claim of C. Ireson Bradley, asking pay for services rendered as special provost-marshal.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill (H. R. 14) to prevent fraud in the Quartermaster's and Commissary Departments, and the obtaining under false pretense transportation for private property.
The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
The President pro tempore having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 20, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, submitting an estimate for an additional appropriation required by the Engineer Bureau for the period ending June 30, 1863.
I recommend an appropriation of the amount for the purpose specified.
JEFFERSON DAVIS.
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The message was read.
Ordered, That it be referred to the Committee on Finance.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 19, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of the Navy in regard to the destruction of the enemy's sloop Hatteras by the Confederate States steam sloop Alabama, to which I invite your attention.
The conduct of the commander, officers, and crew is commended to your favorable notice.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be 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 20, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Postmaster-General, submitting an estimate of the sum required for the compensation of certain officers and employees of the Post-Office Department from July 1 to October 12, 1863.
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 Post-Offices and Post-Roads.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., February 20, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, submitting an estimate for the contingent expenses of the Adjutant and Inspector General's Office for the period ending June 30, 1863.
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.
On motion by Mr. Maxwell, that when the Senate adjourn it be to Monday next,
On motion by Mr. Yancey,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Burnett, Caperton, Clark, Hunter, Maxwell, Orr, Phelan, Simms, and Wigfall.
Those voting in the negative are,
Messrs. Davis, Haynes, Henry, Hill, Johnson of Georgia, Mitchel, Semmes, Sparrow, and Yancey.
Mr. Henry submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on the Judiciary inquire into the propriety of so modifying the law establishing military courts as to allow one of said courts to each department of the Army, whether commanded by a lieutenant, major, or brigadier general, in cases where the number of troops in any such department is less than an army corps.
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The bill (H. R. 14) to prevent fraud in the Quartermaster's and Commissary Departments, and the obtaining under false pretense transportation for private property, received this day from the House of Representatives for concurrence, was read the first and second times and referred to the Committee on Military Affairs.
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. Haynes, to amend the bill by inserting after the second section the following independent section:
On motion by Mr. Davis, to amend the amendment proposed by
Mr. Haynes by striking out "minor," in the second line,
It was determined in the affirmative.
Mr. Haynes, by unanimous consent, then modified his amendment, at the suggestion of Mr. Yancey, by inserting after the word "citizens," in the eighth line, the words
and shall make affidavit that said person so to be exempted designs in good faith to act in said capacity on said farm, and in the event of a failure to do so at any time thereafter, this exemption, as to said person, shall cease,
On motion by Mr. Davis, to amend the amendment proposed by Mr. Haynes by striking out the words "had on the sixteenth of April last," in the third and fourth lines, and inserting in lieu thereof the word "has,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the amendment proposed by Mr. Haynes by striking out of the third line the words "not owning twenty negroes,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Haynes by striking out of the seventh line the words "manager and,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Haynes by inserting after "duty," in the sixth line, the words "or male minor or minors who are capable of conducting the operations on said farm,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the amendment proposed by Mr. Haynes by inserting after "her," in the fifth line, the words "and living on said farm or plantation,"
It was determined in the affirmative.
Mr. Haynes, by unanimous consent, then further modified his amendment, at the suggestion of Mr. Hill, by striking out all after "farm," in the first line, and inserting the words
on which resides a family of white women and children, not less than ten in number, who are dependent for support and protection on the labor and presence of a white man, and on which there is no white male adult not liable to military duty, or
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male minor or minors capable of working said farm, there shall be exempted one person as laborer, when said person shall verify the facts aforesaid by his own and the affidavits of two respectable citizens, to be filed with the enrolling officer, and shall also make affidavit that said person so to be exempted designs in good faith to act in said capacity on said farm, and in the event of a failure to do so at any time thereafter, this exemption, as to said person, shall cease: Provided, The enrolling officer shall be satisfied that a white male adult not liable to military duty can not be procured suitable for said purpose,
On motion by Mr. Phelan, to amend the amendment proposed by Mr. Haynes by striking out all after the word "That," in the first line, and inserting:
one male white adult person shall be exempted for every indigent family of not less than five children, neither of which is a male of seventeen years of age. Where any such family was dependent upon any person now in the military service of the Confederate States, such person shall be discharged on his application, upon making affidavit that there was such a family dependent upon his manual labor when he entered said service,
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, Burnett, Mitchel, Phelan, and Simms.
Those who voted in the negative are,
Messrs. Barnwell, Caperton, Clark, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Oldham, Orr, Peyton, Semmes, Sparrow, and Yancey.
On motion by Mr. Phelan, to amend the amendment proposed by Mr. Haynes by inserting at the end thereof the following additional proviso:
Provided, That when any such family is dependent for support and protection upon a person now in the military service of the Confederate States, such person shall be discharged upon his application, and making an affidavit attested by two respectable citizens of said facts,
It was determined in the negative.
On the question to agree to the amendment proposed by Mr. Haynes, as modified and amended,
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Caperton, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Mitchel, Oldham, Orr, Peyton, Semmes, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Clark, Phelan, and Simms.
On motion by Mr. Sparrow,
Ordered, That the first and second sections of the bill be changed so as to be designated as the thirteenth and fourteenth clauses of the first section.
On motion by Mr. Hill, to amend the bill by inserting at the end of the first section the following additional clause:
It was determined in the affirmative.
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On motion by Mr. Sparrow, to amend the bill by inserting after "allowed," section 2, line 8, the words "by law,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by inserting at the end of the second section the words "except such persons as have been enrolled under the provisions of an act entitled 'An act to amend an act entitled "An act to provide further for the public defense,"' approved April sixteenth, eighteen hundred and sixty-two, and approved the twenty-seventh day of September, eighteen hundred and sixty-two, and who are entitled to exemption under the provisions of this act,"
On motion by Mr. Phelan, that the further consideration of the bill be postponed until to-morrow,
It was determined in the negative.
On the question to agree to the amendment proposed by Mr. Orr,
It was determined in the negative.
On motion by Mr. Yancey, to amend the bill by inserting after section 1 the following independent section:
It was determined in the negative.
On motion by Mr. Semmes, to amend the bill by inserting at the end of the third section the words
and no person exempted under previous laws shall continue to be exempted unless embraced within the provisions and on the terms and conditions of this act,
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by inserting after section 2 the following independent section:
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. Maxwell, Phelan, and Simms.
Those who voted in the negative are,
Messrs. Baker, Barnwell, Burnett, Caperton, Clark, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Mitchel, Orr, Peyton; Semmes, Sparrow, and Yancey.
On motion by Mr. Yancey, to amend the bill by inserting at the end of the third section the words
The provisions of this act shall apply to all persons between the ages of eighteen and forty-five years not in the military service,
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,
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Messrs. Baker, Barnwell, Caperton, Haynes, Hill, Maxwell, Mitchel, Orr, Semmes, Sparrow, and Yancey.
Those who voted in the negative are.
Messrs. Burnett, Clark, Davis, Dortch, Henry, Hunter, Johnson of Georgia, Phelan, and Simms.
On motion by Mr. Hill,
The Senate resolved into executive session.
The doors having been opened,
On motion by Mr. Burnett,
The Senate adjourned.
SECRET SESSION,
Mr. Orr (by leave) introduced
A bill (S. 53) to deprive negroes and mulattoes taken in arms against the Confederate States of the rights and immunities of prisoners of war, and to sell them into perpetual slavery where no person claims right of property in them;
which was read the first and second times and referred to the Committee on the Judiciary.
On motion by Mr. Hill,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
On motion by Mr. Orr,
Ordered, That the joint resolutions (S. 6) in relation to foreign affairs be printed in confidence for the use of the Senate.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the resolution of the Senate instructing them 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, submitted a report (No. 4).
On motion by Mr. Maxwell,
Ordered, That the report be printed.
On motion by Mr. Orr,
The Senate resolved into secret legislative session.
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