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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, March 12, 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]
THURSDAY, March 12, 1863

OPEN SESSION.

Mr. Sparrow (by leave) introduced

A bill (S. 80) to increase the efficiency of the Medical Department; which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Phelan 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 paying for slaves impressed by the Government, and who have died, or who shall hereafter die, whilst in the service of the Confederate States from causes legitimately attributable to such impressment.

Mr. Davis (by leave) introduced

A bill (S. 81) to provide for the payment of certain North Carolina troops from the time of their enlistment;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Orr submitted the following resolution; which was considered and agreed to:

Resolved, That the Committee on the Judiciary be instructed to inquire and report upon the propriety of passing an act providing that should any quartermaster or commissary fail to account for money or public property which has gone into his hands officially for a greater amount than his official bond, he shall be liable to indictment, and upon conviction be subjected to infamous punishment.


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The Senate resumed the consideration of the resolution reported on yesterday by Mr. Wigfall, from the special committee appointed to inquire into the rights and duties of reporters admitted to seats upon the floor of the Senate, and to inquire whether there had been any breach of those duties in certain comments made by a reporter in the columns of a newspaper published in this city on one of the members of this body.

On the question to lay on the table the first resolution, withdrawing the privilege of the floor of the Senate from the present reporter of the Richmond Enquirer,

On motion by Mr. Burnett,

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

Those who voted in the affirmative are,

Messrs. Clark and Yancey.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Burnett, Caperton, Davis, Haynes, Henry, Hill, Hunter, Johnson of Arkansas, Maxwell, Oldham, Orr, Peyton, Phelan, Semmes, and Wigfall.

On the question to agree to the said resolution,

It was determined in the affirmative.

On the question to lay on the table the second resolution, enjoining upon the presiding officer of the Senate the duty of administering the privilege of the floor of the Senate, granting it to such number of papers only as to him shall seem proper, and withdrawing it from any and all such reporters or papers as in his judgment the public interest or the peace and dignity of the Senate may require, without assigning reasons for such withdrawal,

It was determined in the affirmative.

So the resolution was laid upon the table.

Mr. Phelan submitted the following resolution for consideration:

Whereas the proprietors of the Richmond Enquirer, since the report of the special committee appointed to inquire into the rights and duties of reporters admitted to seats upon the floor of the Senate was made, have declared, through the columns of that paper, that the article of the twenty-fourth of February was inserted by their order: Therefore, be it

Resolved, That no reporter for the Richmond Enquirer shall be admitted to a seat on the floor of the Senate.

The Senate proceeded to consider the said resolution; and

On the question to agree thereto,

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. Baker, Burnett, Davis, Haynes, Maxwell, Oldham, Phelan, and Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Caperton, Clark, Henry, Hunter, Johnson of Arkansas, Mitchel, Orr, Peyton, Semmes, Sparrow, and Yancey.

So the resolution was not agreed to.

The Senate proceeded to consider the report of the special committee appointed to inquire into the rights and duties of reporters admitted to seats upon the floor of the Senate, and to inquire whether


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there had been any breach of those duties in certain comments made by a reporter in the columns of a newspaper published in this city on one of the members of this body; which was agreed to as follows:

The committee appointed under a resolution of the Senate to inquire into and report upon the question raised by a reporter of the Senate, and also to report defining the privileges of reporters admitted to seats within the bar of the Senate, beg leave to submit the following report:

In order that full and correct information of the proceedings of the Senate, as far as practicable, may be disseminated, reporters have been permitted to occupy seats within the bar of the Senate. It is a privilege extended because of no personal claim or right in the individual or the press which he may represent; to deny it would be no invasion of the rights of the press, nor an encroachment on the prerogative of the citizen. A reporter in nowise counsels or aids this body in its deliberations or in the performance of its duties; and his presence here, as would be that of any other citizen having no appropriate functions under the rules of the Senate or the law of the land, is a privilege to be enjoyed at the will of that body, and upon the terms and conditions implied by this relation. Should he abuse it by interrupting the proceedings of this body, or by any other misbehavior in its presence, he should forfeit the privilege, because he violates the decorum of the Senate; so likewise if his reports of its proceedings and debates are false or incorrect, either from malice, incompetency, or inattention, because the end for which the privilege is extended is not subserved, and should he, in his report of the proceedings of the Senate, interpolate a slander upon that body, or insulting or offensive personal remarks concerning any of its members, he not only violates decorum and perverts the privilege, but is guilty of disrespect to the body, assails its dignity, and thereby renders himself unfit and unworthy to continue a recipient of its courtesy.

The committee have, therefore, no difficulty in arriving at the conclusion that when a person so mistakes his position, or disregards his obligations, it is the right of the Senate, and its duty, to mark his conduct with its distinct condemnation. The Senate can not permit vituperation and abuse to grow up between its reporters and its members, and connect itself with the report.

Assuming this to be the true relation between the Senate and a reporter occupying by its courtesy a seat upon its floor, it only remains to inquire if the present case is one that calls for the exercise, on the part of the former, of its prerogative of exclusion.

The committee can not suppose that a difference of opinion can exist as to the propriety of the interpolations upon the proceedings of the Senate made by the reporter complained of, and published in the Richmond Enquirer of the 24th of February in connection with the proceedings, and repeated on the 26th, nor as to the character of the language employed; and they proceed to announce the conclusions, to wit: That it was improper; that it is an attack upon the personal and political character of a Senator, couched in offensive and indecent language, and is such an abuse of the privilege granted by the Senate as can not be looked upon with indifference.

The committee are unanimous in making this report, with the exception of the application of the principles thereof to the reporter in this case. One of the committee is of the opinion that the publication objected to is not a part of the report of the proceedings of the Senate, and therefore can not accord with the majority of the committee in their resolution.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 48) to authorize the discharge of certain civil officers from the military service of the Confederate States.

On the question to agree to the following reported amendment:

After the word "circuit," line 6, insert the word "district,"

It was determined in the affirmative.

On the question to agree to the following reported amendment:

Strike out, in the seventh, eighth, and ninth lines, the words
clerk of any court of record, sheriff, ordinary, judge of any court of probate, tax, collector or commissioner, register, or master in chancery,

On motion by Mr. Sparrow, to amend the words proposed to be stricken out by striking out the word "tax" and inserting after the word "collector" the words "of State taxes, not to exceed one for each county,"


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It was determined in the affirmative.

On motion by Mr. Orr, to amend the words proposed to be stricken out by inserting after "commissioner" the words "in equity,"

It was determined in the affirmative.

On motion by Mr. Phelan, to amend the words proposed to be stricken out by striking out "or commissioner in equity, register, or master in chancery,"

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, Clark, Hill, Hunter, Johnson of Arkansas, Maxwell, Mitchel; Orr, Phelan, Semmes, Simms, Sparrow, and Wigfall.

Those who voted in the negative are,

Messrs. Haynes, Peyton, and Yancey.

On the question to agree to the amendment reported by the Committee on Military Affairs,

It was determined in the negative.

On motion by Mr. Phelan, to amend the bill by inserting after "Confederacy," line 7, the words "district attorney,"

It was determined in the affirmative.

On motion by Mr. Sparrow, to amend the bill by inserting after "county," line 9, the words "parish recorder,"

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by inserting at the end of the first section the following proviso:
Provided, That no person elected or appointed to any civil office shall be discharged under this act unless the office to which he may be elected or appointed is such an office as entitles the officer filling it, under exemption laws now existing or which may hereafter be passed, to exemption from military service in the armies of the Confederate States,

It was determined in the affirmative.

No further amendment being made, the bill was reported to the Senate and the amendments were 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 secret legislative session.

The doors having been opened,

On motion by Mr. Davis,

Ordered, That the Hon. William T. Dortch have leave of absence from the sessions of the Senate until Monday, the 23d instant.

On motion by Mr. Clark,

The Senate adjourned.

SECRET SESSION.

Mr. Semmes, from the Committee on the Judiciary, to whom was referred the joint resolution (S. 2) relative to the plan of retaliation proposed in the President's message, reported it with an amendment.


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Ordered, That the amendment be printed.

Mr. Semmes, from the Committee on the Judiciary, reported

A bill (S. 82) to authorize retaliation on the enemy for violations of the usages of civilized warfare during the present war;
which was read the first and second times and ordered to be placed upon the Calendar and printed.

The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (S. 6) in relation to foreign affairs.

On motion by Mr. Orr,

Ordered, That the further consideration thereof be postponed until to-morrow.

On motion by Mr. Orr,

The Senate resolved into executive session.

EXECUTIVE SESSION.

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

Confederate States of America, Executive Department,
Richmond, March 11, 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:

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.

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