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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, March 9, 1863.
OPEN SESSION.
Mr. Clay (by leave) introduced
A bill (S. 71) to repeal the naturalization laws;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Maxwell (by leave) introduced
A joint resolution (S. 8) relating to the production of provisions;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the resolution was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution was read the third time.
On the question,
Shall the resolution now pass?
On motion by Mr. Clay,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Barnwell, Brown, Burnett, Caperton, Clark, Clay, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Maxwell, Mitchel, Oldham, Orr, Phelan, Semmes, Simms, Sparrow, Wigfall, and Yancey.
In the negative, none.
So it was
Resolved unanimously, That this resolution 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. Hill,
Ordered, That the Hon. Herschel V. Johnson have leave of absence from the sessions of the Senate.
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 expediency of having the laws appertaining to military and naval affairs digested and published, with such notes referring to the army and navy regulations and the articles of war as may be thought necessary to make the publication convenient for use by the officers of the Army and Navy.
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Mr. Dortch (by leave) introduced
A bill (S. 72) to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts," approved October 9, 1862;
which was read the first and second times and referred to the Committee on the Judiciary.
On motion by Mr. Oldham,
Ordered, That the report (No. 5) of the Committee on Commerce on the joint resolution (S. 4) in relation to the free navigation of the Mississippi River, be reprinted.
On motion by Mr. Orr,
Ordered, That the Committee on Foreign Affairs be discharged from the further consideration of the resolution submitted by Mr. Semmes on the 3d instant, inquiring into the propriety and expediency of repealing so much of certain resolutions touching certain points of maritime law, and defining the position of the Confederate States in respect thereto, adopted by the Provisional Congress, as declares "that the neutral flag covers enemy's goods, with the exception of contraband of war."
On motion by Mr. Yancey,
Ordered, That the said resolution be transferred to the Secret Legislative Calendar.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
On motion by Mr. Sparrow,
Ordered, That they lie upon the table.
Mr. Sparrow, from the Committee on Military Affairs, reported
A bill (S. 73) to provide and organize a general staff for armies in the field, to serve during the war;
which was read the first and second times and ordered to be placed upon the Calendar and printed.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the resolution submitted by Mr. Yancey on the 20th of February last, inquiring 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. Brown, from the Committee on Naval Affairs, to whom was referred the bill (S. 58) to establish a volunteer navy, reported it without amendment.
On motion by Mr. Brown,
Ordered, That it be transferred to the Secret Legislative Calendar and that it be printed.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 17) to aid committees of Congress in the investigation
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of matters referred to them, and to punish false swearing before said committees, reported it with an amendment.
Ordered, That the bill and amendment be printed.
Mr. Clay, from the joint committee appointed to investigate the management of the Naval Department under its present head, submitted the following resolution; which was considered and agreed to:
Resolved, That the joint committee appointed to investigate the management of the Naval Department under its present head be authorized to print the testimony taken before them in pursuance of the instructions of the joint resolution of the two Houses of Congress.
Mr. Henry submitted the following resolution; which was considered and agreed to:
Whereas information has been received, which is believed to be reliable, to the effect that the enemy are in the habit of disregarding the parole of prisoners taken by our Army, and of ordering them again into their service before they have been exchanged; it is therefore
Resolved, That the Committee on Foreign Affairs be instructed to inquire into the facts of the case and to report by bill or otherwise.
On motion by Mr. Barnwell,
The Senate resolved into secret legislative session.
The doors having been opened,
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 9) to authorize and regulate the impressment of private property for the use of the Army and other military purposes.
On motion by Mr. Hill, to amend the portion of the bill proposed to be stricken out by inserting after the seventh section the following independent section:
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Hill by inserting after the word "plantation," in the second line thereof, the words "on which nine-tenths of the labor are,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the amendment proposed by Mr. Hill by striking out the word "next," in the fifth line thereof, and inserting the words "nor after the first of February of each year,"
It was determined in the affirmative.
On the question to agree to the amendment proposed by Mr. Hill, as amended,
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the portion of the bill proposed to be stricken out by striking out, section 3, lines 3, 4, and 5, the words "except under circumstances of extreme urgency, to be declared in the order of the commanding general,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the portion of the bill proposed to be stricken out by striking out, section 4, lines 15 and 16, the words "which application is to be made only in extreme cases" and inserting the words
and what amount of supplies and other property is necessary for the use and cultivation of said farm or plantation,
It was determined in the affirmative.
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On the question to agree to the amendment heretofore proposed by Mr. Haynes, as 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. Barnwell, Burnett, Clay, Davis, Maxwell, Oldham, Orr, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Caperton, Clark, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Mitchel, Peyton, Phelan, Simms, and Yancey.
So the amendment as amended was rejected.
On motion by Mr. Semmes, to amend the bill by striking out all after the enacting clause and inserting:
That three commissioners shall be appointed by the President in each State, who shall be freeholders resident in the State for which they are appointed, and who shall hold their sessions at some place in that State, to be fixed by the Secretary of War, and who shall hold their offices for one year, and each of them shall receive an annual salary ofdollars, payable quarterly. It shall be the duty of these commissioners to divide the State into one or more appraisement districts at their discretion, and proceed to fix the just and fair price or value to be paid to the owners of the leading articles of subsistence and forage that may be impressed in said appraisement districts for the use of the Army, and the price or value thus fixed in such districts shall be uniformly given by the Government agents; and the price or value to be paid as aforesaid shall be fixed by said commissioners from time to time, and as often as in their judgment such price or value may require revision: Provided, That such price or value shall be revised at least once in every sixty days. In case there shall be any difference of opinion between the person owning the property impressed and the impressing agent, in regard to the price to be paid, the person believing himself to be aggrieved may appeal to said commissioners, who shall give judgment at once upon the case, and such judgment shall be final. And the said commissioners shall give public notice of the price fixed by them as aforesaid, and the expense of such publication shall be paid by the Confederate States. But in case of the appeal hereinbefore provided for, the Government agent may take and use the property impressed before the decision of said appeal: Provided, 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,
Mr. Haynes demanded the question; which was seconded, and
The question being put,
On motion by Mr. Dortch,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Burnett, Clark, Clay, Davis, Henry, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Caperton, Dortch, Haynes, Hill, Johnson of Arkansas, Mitchel, Oldham, Simms, and Yancey.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
On the question,
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Shall the amendment be engrossed and the bill read a third time?
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. Barnwell, Burnett, Davis, Henry, Hill, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Baker, Brown, Caperton, Clark, Clay, Dortch, Haynes, Johnson of Arkansas, Mitchel, Oldham, Simms, and Yancey.
On motion by Mr. Henry, the vote last mentioned was reconsidered.
On motion by Mr. Henry, that the vote on agreeing to the amendment proposed to the bill by Mr. Semmes, providing for the appointment by the President of three commissioners in each State, etc., be reconsidered.
On motion by Mr. Orr,
The Senate adjourned.
SECRET SESSION.
Mr. Barnwell, from the Committee on Finance, to whom was referred the amendments of the House of Representatives to the bill (S. 11) to provide for the further issue of Treasury notes, and for other purposes, reported thereon.
The Senate proceeded to consider the amendments of the House of Representatives to the bill last mentioned; and
On motion by Mr. Barnwell,
Resolved, That the Senate concur in the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fifteenth, sixteenth, twentieth, twenty-third, and twenty-fourth of said amendments; that they disagree to the nineteenth, twenty-first, and twenty-second, and that they agree to the fourteenth, seventeenth, and eighteenth, with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 61) to authorize the President to contract for the construction and equipment of vessels for the Navy abroad.
On motion by Mr. Brown, to amend the bill by adding thereto the following proviso:
Provided, That whenever contracts are made they shall be communicated to Congress as soon as practicable,
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendment was concurred in.
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.
On motion by Mr. Orr,
The Senate resolved into open legislative session.
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