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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, March 6, 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]
FRIDAY, March 6, 1863.

OPEN SESSION.

Mr. Orr presented a memorial of E. W. Walter and others, inspectors at the port of Charleston, S. C., praying for an increase of compensation; which was referred to the Committee on Finance.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 9) to authorize and regulate impressment of private property for the use of the Army and other military purposes.

On the question to agree to the following amendment proposed by Mr. Haynes, as amended, viz:

Strike out all after the enacting clause of the bill and insert:

That when by due diligence private property, essential for the use of the Army of the Confederate States, can not be procured or purchased by the persons hereinafter named, in cases of absolute necessity it may be taken in the following manner:

On motion by Mr. Haynes, to amend the proposed amendment by inserting after the third section the following additional proviso:
Provided further, That said price or value shall be so fixed as to give just compensation, according to quality and quantity, of said articles, and that all forage and subsistence taken after the passage of this act, and before the organization of the board of commissioners, shall be paid for at the prices first fixed by the commissioners under this act: And provided further, That said commissioners shall be appointed by and with the advice and consent of the Senate,

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the amendment proposed by Mr. Haynes by inserting at the end of the third section, as amended, the following additional proviso:
And provided further, That when the owner or person having control of forage or subsistence taken under this act shall, in consequence of special circumstances affecting the value of the articles taken, deem himself aggrieved by the value assessed in


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the schedule of prices published by the commissioners, he may accept the price allowed by said schedule and appeal to the commissioners for redress as to the excess claimed, and the commissioners are hereby empowered to hear and determine such appeal, and receive testimony in relation thereto, under regulations to be prescribed by the Secretary of War; and in case an excess be allowed by the commissioners on the hearing of such appeal, the amount of such excess shall be paid to the appellant or his legal representatives,

It was determined in the negative.

On motion by Mr. Semmes, to amend the amendment proposed by Mr. Haynes by striking out the fourth section thereof and inserting:

It was determined in the affirmative.

On motion by Mr. Henry, to amend the portion of the bill proposed to be stricken out by striking out the third section thereof and inserting:

It was determined in the negative.


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On motion by Mr. Haynes, to amend the portion of the bill proposed to be stricken out by striking out the first section thereof and inserting:

That when by due diligence private property, essential for the use of the Army of the Confederate States, can not be procured or purchased by the persons hereinafter named, in cases of absolute necessity it may be taken in the following manner:

It was determined in the affirmative.

On motion by Mr. Haynes, to amend the portion of the bill proposed to be stricken out by striking out the sixth section thereof and inserting:

It was determined in the affirmative.

On motion by Mr. Simms, to amend the amendment proposed by Mr. Haynes by inserting at the end of the third section thereof, as amended, the following additional proviso:
And provided further, That any property which shall be taken for the public use under the provisions of this act, which was owned and possessed by a bona fide holder prior to the first day of March, eighteen hundred and sixty-three, shall in no case be taken at a price less than the price paid for the same by the said bona fide holder thereof, unless said property, at the time of such taking, shall actually, in the market, have depreciated in value to a price less than the last price paid for the same,

On motion by Mr. Simms,

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

Those who voted in the affirmative are,

Messrs. Caperton, Simms, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Burnett, Clark, Clay, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Mitchel, Oldham, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.


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On motion by Mr. Wigfall, to amend the amendment proposed by Mr. Haynes by striking out all after the word "That," in the second line of the first section, and inserting:
when any officer in the military service of the Confederate States in command of troops, or charged with the duty of supplying an army, shall impress into the public service any property belonging to a citizen of any of the Confederate States, or to any peaceful resident of the same, such officer shall, before appropriating the same to the public use, cause a valuation and appraisement thereof, upon proof of value, to be made by three or more disinterested citizens, if it can be done without injurious delay, and if the appraisement shall seem just and fair, he shall indorse upon it his approval, if not, he shall indorse on it his reasons for refusing, and deliver the same, together with a receipt for the property impressed, to the owner, his agent or attorney, and as soon as practicable forward a copy of the receipt and appraisement and his indorsement thereon to the head of the Department having charge of the species of property taken. Where an appraisement can not be conveniently made, he shall deliver a receipt to the owner, his agent or attorney, and forward a copy as above directed.

Mr. Burnett demanded the question; which was seconded, and

The question being put,

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. Brown, Burnett, Clark, Clay, Davis, Dortch, Maxwell, Mitchel, Oldham, Phelan, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Caperton, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Orr, Peyton, Semmes, Simms, and Sparrow.

On the question to agree to the amendment proposed by Mr. Haynes, as amended,

Mr. Semmes demanded the question; which was seconded, and

The question being put,


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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, Burnett, Clay, Davis, Henry, Hill, Hunter, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.

Those who voted in the negative are,

Messrs. Brown, Caperton, Clark, Dortch, Haynes, Johnson of Georgia, Mitchel, Oldham, Simms, and Yancey.

On motion by Mr. Burnett, that the last-mentioned vote to be reconsidered.

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. Brown, Burnett, Caperton, Clark, Clay, Haynes, Hunter, Maxwell, Mitchel, Oldham, Phelan, Simms, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Davis, Henry, Hill, Johnson of Georgia, Orr, Peyton, Semmes, and Sparrow.

On motion by Mr. Burnett, the vote on rejecting the amendment proposed by Mr. Wigfall to the amendment proposed by Mr. Haynes, as amended, was also reconsidered.

The Senate proceeded to consider the said amendment last mentioned; and on the question to agree thereto,

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. Brown, Burnett, Caperton, Clark, Clay, Davis, Maxwell, Mitchel, Oldham, Phelan, Simms, Wigfall, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Orr, Peyton, Semmes, and Sparrow.

On motion by Mr. Yancey, to amend the amendment proposed by Mr. Haynes, as amended, by adding thereto the following independent section:

After debate,

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

It was determined in the negative.

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

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,


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Messrs. Burnett, Caperton, Haynes, Maxwell, Mitchel, Oldham, Peyton, Simms, and Yancey.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Clark, Clay, Davis, Henry, Hill, Hunter, Johnson of Georgia, Orr, Phelan, Semmes, Sparrow, and Wigfall.

On motion by Mr. Hill, to amend the amendment proposed by Mr. Haynes, as amended, by adding thereto the following independent section:

Mr. Haynes demanded the question; which was seconded, and

The question being put,

It was determined in the affirmative.

On motion by Mr. Hill, to amend the amendment proposed by Mr. Haynes, as amended, by adding thereto the following independent section:

Mr. Haynes demanded the question; which was seconded, and

The question being put,

It was determined in the negative.

On motion by Mr. Davis, to amend the amendment proposed by Mr. Haynes, as amended, by adding thereto the following independent section:

It was determined in the affirmative.

On motion by Mr. Orr, that the bill and amendments be recommitted to the Committee on the Judiciary,

It was determined in the negative.

On motion by Mr. Barnwell,

The Senate resolved into secret legislative session.

The doors having been opened,

On motion by Mr. Phelan,

Ordered, That when the Senate adjourn it be to Monday next.

On motion by Orr,

The Senate adjourned.

SECRET SESSION.

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

Mr. President: The House of Representatives have passed a bill of the Senate (S. 11) to provide for the further issue of Treasury notes, and for other purposes, with amendments; in which they request the concurrence of the Senate.

The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 11) last mentioned; and

On motion by Mr. Barnwell,


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Ordered, That they be referred to the Committee on Finance.

On motion by Mr. Sparrow,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

Confederate States of America, Executive Office,
Richmond, March 5, 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, February 27, 1863.

Sir: I have the honor to recommend the following nominations for promotions 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.

Confederate States of America, Executive Department,
Richmond, March 5, 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, February 16, 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.

Confederate States of America, Executive Office,
Richmond, March 5, 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, March 2, 1863.

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


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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.

Mr. Brown, from the Committee on Naval Affairs, to whom were referred the nominations of W. Winder Pollock, to be first lieutenant; Edward F. Neufville and Albert S. Berry, to be second lieutenants; John W. Murdaugh and William H. Odenheimer, to be lieutenants for the war; William D. Harrison, to be surgeon, 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 advice and consent to their appointment, agreeably to their respective nominations by the President.


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Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom were referred (on the 4th ultimo) the nominations of William Goldsberry, to be postmaster at Newnan, Ga., and James A. Tallman, to be postmaster at Greensboro, Ala., 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 by the President.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

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