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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 --WEDNESDAY, March 18, 1863.
OPEN SESSION.
Mr. Caperton presented the memorial of William Bowles, praying the passage of an act allowing J. F. Shepard to convey certain property now in course of sequestration; which was referred to the Committee on the Judiciary.
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Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 74) to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861, reported it with an amendment.
On motion by Mr. Sparrow,
Ordered, That the bill and amendment be printed.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 13) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States; and no amendment being proposed, the bill was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
On the question,
Shall the bill now pass?
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, Caperton, Clark, Davis, Haynes, Henry, Hill, Hunter, Maxwell, Oldham, Orr, Phelan, Semmes, Simms, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Clay, Johnson of Arkansas, and Yancey.
So it was
Resolved, That this bill pass.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 3) to organize the Supreme Court of the Confederate States.
On the question to agree to the following amendment proposed to the bill by Mr. Clay, viz:
Add the following independent section:
After debate,
Mr. Brown demanded the question; which was seconded, and
The question being put,
On motion by Mr. Barnwell,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Burnett, Clark, Clay, Haynes, Hunter, Maxwell, Mitchel, Oldham, Orr, Peyton, Semmes, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Caperton, Davis, Henry, Hill, Phelan, and Simms.
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No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
On the question,
Shall the bill be engrossed and read a third time?
Mr. Burnett demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Ordered, That this bill be engrossed and read a third time.
The said bill was read the third time.
On the question,
Shall the bill now pass?
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, Clay, Haynes, Hill, Hunter, Maxwell, Mitchel, Oldham, Orr, Peyton, Phelan, Semmes, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Brown, Burnett, Caperton, Clark, Davis, Henry, Simms, and Sparrow.
So it was
Resolved, That this bill 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,
Ordered, That the Committee on Foreign Affairs be discharged from the further consideration of the resolution submitted by Mr. Henry on the 9th instant, instructing said committee to inquire whether 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, and that it be referred to the Committee on Military Affairs.
On motion by Mr. Orr,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of yRepresentatives 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.
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The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., March 18, 1863.
To the Senate and House of Representatives:
Herewith is transmitted a communication from the Postmaster-General, calling attention to the serious embarrassments in which the postal service is becoming involved under the operation of the act of 11th of October last, which rendered all postmasters except those appointed by the President and confirmed by the Senate, and all contractors for carrying the mails, their riders and drivers, between the ages of 18 and 45, liable to military duty. In the opinion of the Postmaster-General it will be impracticable to continue the postal service in large districts of our country without some modification of this legislation.
Under present military necessities I am very reluctant to increase the list of exemptions, and were this a case which did not involve a great public interest, would decline to communicate the recommendation to you. In view of the vital importance of maintaining mail communications throughout our country, and the small number of persons who appear to be necessary to the continuance of the postal service, I present the communication of the Postmaster-General and commend it to your attention.
Should you concur with me in the propriety of allowing some exemptions for the purpose proposed, I would suggest that it be confined to contractors, to the exclusion of subcontractors, and that the number of drivers be limited so as not to exceed one for (say) every twenty-five miles of service in coaches, and that the whole number of exemptions shall not exceed (say) fifteen hundred.
With these, or similar restrictions, I am of opinion that the rule of subjecting all citizens alike to the performance of their duty in defense of the country might be relaxed in the present case as being for the interest both of the people at large and their defenders in the field.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Post-Offices and Post-Roads.
On motion by Mr. Haynes,
The Senate adjourned
SECRET SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have agreed to the amendments of the Senate to their fourteenth and seventeenth amendments to the bill (S. 11) to provide for the further issue of Treasury notes, and for other purposes; disagree to the amendment of the Senate to their eighteenth amendment to said bill, and recede from their nineteenth, twenty-first, and twenty-second amendments to the same.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the eighteenth amendment of the House to the bill (S. 11) last mentioned; and
On motion by Mr. Barnwell,
Resolved, That they recede therefrom.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. 6) in relation to foreign affairs.
After debate,
On motion by Mr. Haynes, that the resolution lie upon the table,
On motion by Mr. Davis,
The Senate resolved into open legislative session.
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