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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 --TUESDAY, March 24, 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]
TUESDAY, March 24, 1863.

OPEN SESSION.

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

Mr. President: The House of Representatives have passed without amendment a bill of the Senate (S. 36) to increase the strength and efficiency of heavy artillery for seacoast defense.

The President of the Confederate States has notified the House of Representatives that on the 20th instant he approved and signed an act (H. R. 13) to amend an act for the establishment and organization of a general staff for the Army of the Confederate States.

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 73) to provide and organize a general staff for armies in the field, to serve during the war; and

On motion by Mr. Sparrow,

Ordered, That it be recommitted to the Committee on Military Affairs.

Mr. Oldham, from the Committee on Post-Offices and Post-Roads, reported

A bill (S. 92) to prescribe the rates of postage on newspapers, periodicals, books, and transient and other matter;
which was read the first and second times and ordered to be placed upon the Calendar.

On motion by Mr. Oldham,


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Ordered, That the Committee on Post-Offices and Post-Roads be discharged from the further consideration of the following subjects:

A communication from William W. Farmer, of Louisiana, suggesting certain reforms in the postal service; and

A resolution inquiring into the expediency of providing for the transmission of foreign mail matter by the way of Matamoras and Havana, in such manner as may be deemed most practicable.

Mr. Wigfall (by leave) introduced

A bill (S. 93) to provide tobacco for the Army;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being proposed, the bill was reported to the Senate.

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.

The Senate resumed the consideration of the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 9) to authorize and regulate the impressment of private property for the use of the Army and other military purposes; and

After debate,

On the question,

Will the Senate agree to the said report?

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. Baker, Barnwell, Brown, Caperton, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Mitchel, Oldham, Orr, Peyton, and Phelan.

Those who voted in the negative are,

Messrs. Clay, Semmes, Simms, and Sparrow.

So it was

Resolved, That the Senate concur in said report, and that the bill be amended accordingly.

Ordered, That the Secretary inform the House of Representatives thereof.

A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States, on yesterday, approved and signed an act (S. 11) to provide for the funding and further issue of Treasury notes.

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. 5) to establish the court for the investigation of claims against the Government of the Confederate States.

On motion by Mr. Davis, to amend the bill by inserting at the end of the fifteenth section the following proviso:
Provided, That no judgment for a greater amount than ten thousand dollars shall be paid until Congress shall make a special appropriation therefor,


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On motion by Mr. Hill,

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

Those who voted in the affirmative are,

Messrs. Barnwell, Brown, Clay, Davis, Dortch, Hunter, Mitchel, Orr, Peyton, Phelan, and Semmes.

Those who voted in the negative are,

Messrs. Baker, Caperton, Haynes, Henry, Hill, Maxwell, Oldham, Simms, and Sparrow.

On motion by Mr. Orr, to amend the bill by striking out all after the word "be," in the third line of the fifteenth section, and inserting the words
with the decision of the court, transmitted to Congress at the commencement of each session of Congress, and at the commencement of each month during the session of Congress, and if not finally acted upon during the session to which said reports are made, shall be continued from session to session, and from Congress to Congress, until the same shall be finally acted upon; and the consideration of said claims so reported shall, at the subsequent session of Congress, be resumed and proceeded with as if no adjournment had taken place: Provided, That two or more cases may be embraced in the same bill where the separate amount proposed to be allowed in each case shall be less than one thousand dollars,

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. Barnwell, Brown, Clay, Hunter, Johnson of Georgia, Mitchel, Orr, Peyton, and Semmes.

Those who voted in the negative are,

Messrs. Baker, Caperton, Clark, Davis, Haynes, Henry, Hill, Maxwell, Oldham, Phelan, and Sparrow.

On motion by Mr. Phelan, to amend the bill by striking out the fifteenth section and inserting:

That said Court of Claims shall report to Congress, at each session, a catalogue of all cases finally decided in favor of the claimants, together with the amount and date of the judgment in each case, decided during the preceding recess, or which may be so decided during the continuance of said session, and all appropriations, if any, made for payment of the said judgments, shall specify the exact amount appropriated in each case,

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. Barnwell, Brown, Hunter, Johnson of Georgia, Mitchel, Orr, Peyton, Phelan, Semmes, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Caperton, Clark, Clay, Davis, Haynes, Henry, Hill, Maxwell, and Sparrow.

On motion by Mr. Maxwell, the last-mentioned vote was reconsidered.

The Senate proceeded to consider the said amendment proposed by Mr. Phelan; and

On motion by Mr. Semmes, to amend the same by striking out the words "the amount and date of,"

It was determined in the affirmative.

On motion by Mr. Semmes, further to amend the proposed amendment by inserting after "judgments" in the fifth line, the words "and the opinion of the court,"


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

The question being put,

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, Brown, Clay, Haynes. Hunter, Johnson of Georgia, Mitchel, Orr, Peyton, Semmes, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Caperton, Clark, Davis, Henry, Hill, Maxwell, Phelan, and Sparrow.

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

It was determined in the affirmative.

On motion by Mr. Semmes, to amend the bill by inserting the following independent section:

On motion by Mr. Hill, to amend the amendment proposed by Mr. Semmes by inserting at the end thereof the words
except the claimant be an infant or lunatic: Provided, That such suit shall be instituted within two years after the removal of the disability of infancy or lunacy,

It was determined in the negative.

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

It was determined in the affirmative.

On motion by Mr. Orr, to amend the bill by inserting the following independent section:

It was determined in the affirmative.

On motion by Mr. Hill, to amend the bill by inserting after the word "claims," section 2, line 1, the words "founded in law and equity,"

It was determined in the affirmative.

No further amendment being proposed, the bill was reported to the Senate and the amendments made as in Committee of the Whole 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. Maxwell,

The Senate resolved into executive session.

The doors having been opened,

On motion by Mr. Orr,

The Senate adjourned.


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EXECUTIVE SESSION.

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

Richmond, March 24, 1863.

To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of the Treasury, I hereby nominate Henry Savage, to be collector of customs at Wilmington, N. C.

JEFFERSON DAVIS.

Treasury Department,
Richmond, March 24, 1863.

His Excellency the President.

Sir: Mr. Edward Savage, the collector of customs at Wilmington, N. C., having resigned, I respectfully recommend that Mr. Henry Savage, of Wilmington, be appointed in his place.

Very respectfully, your obedient servant,

C. G. MEMMINGER,
Secretary of the Treasury.

The message was read.

The Senate proceeded to consider the nomination of Henry Savage, to be collector of customs at Wilmington, N. C.; and

Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.

Richmond, March 23, 1863.

To the Senate of the Confederate States:

I nominate the persons named in the annexed letter of the Secretary of the Navy, agreeably to his recommendation.

JEFFERSON DAVIS.

Confederate States of America, Navy Department,
Richmond, March 20, 1863.

The President.

Sir: I have the honor to recommend the following nominations for appointment in the Navy:

With much respect, your obedient servant

S. R. MALLORY,
Secretary of the Navy.

The message was read.

The Senate proceeded to consider the nominations of Sterling L. Barksdale and Sidney S. Nicholas, to be assistant paymasters in the Navy; and

Resolved, That the Senate advise and consent to their appointment, agreeably to the nomination of the President.

Richmond, March 24, 1863.

To the Senate of the Confederate States:

On 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 23, 1863.

His Excellency the President.

Sir: I have the honor to nominate the persons whose names appear in the accompanying list as surgeons and assistant surgeons in the Provisional Army.

Very respectfully, your obedient servant,

JAMES A. SEDDON,
Secretary of War.

The message was read.

Ordered, That it be referred to the Committee on Military Affairs.

On motion by Mr. Orr,

The Senate resolved into open legislative session.

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