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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 26, 1863.
OPEN SESSION.
Mr. Caperton (by leave) introduced
A bill (S. 95) conferring temporary rank and command on officers of the Confederate States Army in the bureaus of the Quartermaster-General, Commissary-General, and Surgeon-General;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 80) to increase the efficiency of the Medical Department, reported it with amendments.
On motion by Mr. Sparrow,
Ordered, That the bill and amendments be printed.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the bill (S. 91) to authorize the Secretary of the Navy to pay officers of the Navy their necessary and actual traveling expenses
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under orders, in lieu of mileage, in certain cases, reported it with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 91) last mentioned; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time and the title was amended.
Resolved, That it pass, and that the title thereof be "An act to increase the allowance for mileage to officers of the Navy and agents traveling under orders."
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the memorial of acting masters' mates in the Confederate States Navy, praying for an increase of pay, reported
A bill (S. 96) to increase the pay of masters' mates in the Navy;
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.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, reported
A bill (S. 97) to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service;
which was read the first and second times and ordered to be placed on the Calendar.
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 House of Representatives have agreed to 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 they have receded front their amendment to the joint resolution of the Senate (S. 8) relating to the production of provisions.
The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Dortch, 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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A message from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: I am directed by the House of Representatives to return to the Senate, agreeably to their request, the bill (S. 93) to provide tobacco for the Army.
On motion by Mr. Orr,
Ordered, That when the Senate adjourn it be to Monday next.
Mr. Phelan (by leave) introduced
A bill (S. 98) in relation to the public printing;
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.
On motion by Mr. Orr,
The Senate adjourned.
SECRET SESSION.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 82) to authorize retaliation on the enemy for violations of the usages of civilized warfare.
On the question to agree to the following amendment proposed to the bill by Mr. Sparrow, viz, insert after "mulattoes," section 2, line 3, the words "who are slaves,"
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. Baker, Brown, Haynes, Hill, Hunter, Mitchel, Orr, and Sparrow.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Caperton, Clark, Clay, Davis, Dortch, Henry, Johnson of Georgia, Maxwell, Oldham, Semmes, Simms, and Wigfall.
On motion by Mr. Haynes, to amend the bill by inserting after "shall," section 2, line 7, the words "be deemed as exciting servile insurrection, and,"
It was determined in the affirmative.
On motion by Mr. Johnson of Georgia, to amend the bill by striking out the words "be put to death by hanging," section 2, line 7, and inserting "be punished at the discretion of the court trying the case, as provided for in the fourth section of this act,"
It was determined in the negative.
On motion by Mr. Maxwell, to amend the bill by striking out "every," section 2, line 1, and inserting "no," and by striking out of the seventh line the words "if captured, be put to death by hanging," and inserting in lieu thereof the words "be captured and treated as a prisoner of war,"
It was determined in the negative.
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On motion by Mr. Hill, to amend the bill by striking out the second section,
It was determined in the negative.
On motion by Mr. Semmes, to amend the bill by striking out of the third section the words
or abduct a slave, or harbor a slave, with intent to deprive the owner of his property therein, or entice a slave to abscond from the service, possession or control, of his or her owner or master,
It was determined in the affirmative.
On motion by Mr. Johnson of Georgia, to amend the bill by inserting after "war," section 3, line 2, the words "shall excite, or attempt to excite, servile insurrection, or,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting after "excite," section 3, line 2, "or cause to be excited," and by inserting after "incite," in the same line, "or cause to be incited,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting after "every," section 3, line 1, the words "person acting as a,"
It was determined in the affirmative.
On motion by Mr. Clark, to amend the bill by striking out "commissioned officer," section 4, line 1, and inserting "person,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by striking out, in the eighth, ninth, and tenth lines of the fourth section, the words "and may pardon the offender unconditionally, or on such conditions as to him may seem just,"
It was determined in the affirmative.
On motion by Mr. Davis, to amend the bill by inserting the following independent section:
It was determined in the negative.
On motion by Mr. Phelan, to amend the bill by inserting the following independent section:
It was determined in the negative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
On the question,
Shall the bill be engrossed and read a third time?
Mr. Semmes demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
On motion by Mr. Brown, that the vote on ordering the bill to its engrossment and third reading be reconsidered,
Mr. Maxwell demanded the question; which was seconded, and
The question being put,
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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, Baker, Brown, Clay, Davis, Haynes, Hill, Hunter, Johnson of Georgia, Mitchel, Orr, and Sparrow.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Caperton, Clark, Dortch, Henry, Maxwell, Phelan, Semmes, Simms, and Wigfall.
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. Barnwell,
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, Clark, Davis, Dortch, Haynes, Henry Hunter, Johnson of Georgia, Maxwell, Mitchel, Phelan, Semmes, Simms, and Wigfall.
Those who voted in the negative are,
Messrs. Burnett, Clay, Hill, Orr, 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. Sparrow,
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:
Richmond, March 25, 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.
War Department, Confederate States of America,
Richmond, March 20, 1863.
Sir: I have the honor to recommend the following nominations for promotions 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.
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The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
On motion by Mr. Brown,
The Senate resumed the consideration of the nominations of John De Bree and Nicholas C. Edmunds, to be assistant surgeons for the war in the Navy.
On the question,
Will the Senate advise and consent to these appointments?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to the appointment of John De Bree and Nicholas C. Edmunds, to be assistant surgeons for the war in the Navy, agreeably to the nomination of the President.
Mr. Brown, from the Committee on Naval Affairs. to whom were referred (on the 20th instant) the nominations of John P. Lipscomb, William C. Jones, Henry Christmas, and William Sheppardson, to be assistant surgeons for the war in the Navy, reported, with the recommendation that all of 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 the nomination of the President.
Mr. Hill, from the Committee on the Judiciary, to whom was referred (on the 2d ultimo) the nomination of Philip A. Clayton, to be marshal of the district of Georgia, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of E. Willis, J. M. Perrin, J. D. Mathews, Jos. Walker, J. A. Washington, J. K. Edmondson, R. M. Powell, F. W. M. Holliday, John R. Towers, J. H. S. Funk, J. T. Lofton, H. B. Granbury, D. B. Penn, W. C. Wickham, R. H. Crockett, W. P. Shingler, C. T. Zachry, H. G. Bunn, Emory F. Best, R. Q. Mills, Alfred Rhett, M. W. Gary, J. H. Morehead, Philip Cook, J. B. Gilmore, T. Harrison, W. Monaghan, C. A. Battle, P. M. B. Young, E. J. Walker, T. J. Simmons, R. W. Folsom, B. H. Holt, Tully Graybill, John F. Conoley, to be colonels; T. M. Terry, William H. Payne, J. D. Mathews, Thomas H. Owen, J. R. Lane, J. H. Huggins, Willis C. Holt, R. B. Young, J. A. Yates, David Zable, D. R. E. Winn, N. H. Harris, S. D. Russell, A. Johnston, L. J. Glenn, Jos. Hanlon, Charles Forsyth, W. G. Delony, R. B. Nisbet, W. L. Grice, Jonathan Rivers, W. H. McCullohs, T. B. Manlove, Bruce Menger, J. J. Norton, S. D. Thruston, John W. Goss, George Wortham, John Ashford, A. Spangler, R. W. Turner, James H. May, K. Bryan, J. M. Fielder, D. M. Shriver, H. J. Williams, W. C. Cleveland, to be lieutenant-colonels; M. McR. McLaughlin, G. Huston, J. P. Brown, J. B. McColloch, J. C. Rogers, J. H. Gibson, C. D. Anderson, John T. Jones, A. Brady, R. S. Taylor, E. M. Morrison, W. R. Carter, Jos. Palmer, John R. Bagby, J. J. Longmire, T. M. Logan, John L. Miller, M. R. Ballenger, P. H. Loud, S. C. Brasher, O. Blanding, J. P. Brewster, J. O. Hensley, W. G. Vaughan,
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D. Pierson, James H. Bowman, Thomas Camak, William H. Manning, R. M. Sands, John F. Jones. M. R. Rogers, S. T. Player, J. M. Fielder, W. L. Groves, W. H. Toler, R. A. Wayne, L. C. Lee, Z. A. Rice, A. Hart, to be majors; C. W. Parker, J. R. Macbeth, John Howard, E. P. Bowdre, L. B. Haynes, to be captains; H. W. Frost, John S. Bee, T. G. Dargan, John Middleton, W. Palfrey, W. B. Jones, A. J. Quigley, W. T. Mumford, J. P. Butler, E. D. Woodlief, to be first lieutenants; Charles H. Stebbins, T. E. Richardson, S. A. Cowley, Luther C. May, H. M. Smith, Henry R. Symons, Gus. Heerlein, Frank Baltzell, R. C. Hammet, G. E. Manigault, R. A. Quillian, William D. Barnes, B. C. Bouldin, W. W. Hailes, E. J. Mastin, William D. Chipley, E. B. Ward, J. E. Shaw, W. Marriner, to be adjutants, with the rank of first lieutenant, reported, with the recommendation that all of 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 the nomination of the President.
On motion by Mr. Orr,
The Senate resolved into open legislative session.
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