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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, April 13, 1863.
OPEN SESSION.
Mr. Johnson of Arkansas submitted the following resolution; which was considered and agreed to:
Resolved, That a special committee of three be appointed, with leave to sit during vacation, whose duty it shall be to investigate and report to the Senate at the next session of Congress upon the expediency of providing for regular and perfect reports
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of the debates of the Senate and of embracing in the reports the secret as well as the open legislative sessions of the Senate, and that they prepare a proper system to govern this service, and that they report with it the terms upon which first-class reporters may be employed, together with the expenses necessarily incident thereto.
On motion by Mr. Johnson of Arkansas,
Ordered, That the committee under said resolution be appointed by the President pro tempore; and
Mr. Johnson of Arkansas, Mr. Orr, and Mr. Brown were appointed.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the following bills:
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 19) to establish a niter and mining bureau, reported it without amendment.
On motion by Mr. Barnwell,
Ordered, That it be printed.
Mr. Orr submitted the following resolution for consideration:
Resolved, That the Secretary of the Senate be authorized to employ such additional clerical force in his office during the remainder of the session as may be necessary to keep up the business of the Senate.
The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. 4) in relation to the free navigation of the Mississippi River; and
On motion by Mr. Oldham,
Ordered, That the further consideration thereof be postponed until Wednesday next.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 89) to abolish supernumerary offices in the Commissary's and Quartermaster's Departments; and the reported amendments having been agreed to and the bill further amended on the motion of Mr. Orr, it was reported to the Senate and the amendments 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.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 105) to provide for the conscription of aliens resident in the Confederate States; and
On motion by Mr. Orr,
Ordered, That the further consideration thereof be postponed until to-morrow at 12 o'clock.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
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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.
The President pro tempore having signed the enrolled bill last reported to have been examined, it was delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have disagreed to the amendment of the Senate to the bill (H. R. 29) to amend an act entitled "An act to secure copyrights to authors and composers," approved May 21, 1861 ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Holcombe of Virginia, Mr. Curry of Alabama, and Mr. Machen of Kentucky as managers at said conference on their part.
They have concurred in the amendment of the Senate to the bill (H. R. 17) to aid committees of Congress in the investigation of matters referred to them, and to punish false swearing before said committees.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 29) to amend an act entitled "An act to secure copyrights to authors and composers," approved May 21, 1861; and
On motion by Mr. Hill,
Resolved, That the Senate insist on their amendment to the said bill, and agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses thereon.
On motion by Mr. Hill,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Hill, Mr. Semmes, and Mr. Dortch were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 14) to prevent fraud in the Quartermaster's and Commissary's Departments, and the obtaining under false pretense transportation for private property; and the reported amendment having been agreed to, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
The Senate proceeded to consider the resolution of the House of Representatives, fixing the time for the adjournment of Congress; and
On motion by Mr. Orr,
Ordered, That the further consideration thereof be postponed until Friday next.
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 the 4th instant, approved and signed a joint resolution (S. 8) relating to the production of provisions.
On the 11th instant the President approved and signed the following act and joint resolution:
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Ordered, That the Secretary inform the House of Representatives thereof.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 13) in relation to the public printing.
On motion by Mr. Orr, to amend the bill by striking out, in the third, fourth, and fifth lines of the first section, the words
fair copies of all acts and resolutions, of a public nature, intended to have the effect of laws, passed during said session; and also,
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by striking out the words "said acts," section 1, line 20, and inserting "the acts and resolutions,"
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by inserting after "State," section 1, line 33, the words "or other place, as he may deem advisable, within said State,"
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out all of the third section after "preserved," line 4,
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out "the same," section 5, lines 16 and 17,
It was determined in the affirmative.
On motion by Mr. Henry, to amend the bill by striking out "joint," section 10, line 2, and inserting "the separate and concurrent,"
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by striking out "That a public printer shall be elected by the separate and concurrent vote of the two Houses of Congress," section 10, lines 1 and 2, and inserting "That each House of Congress shall elect its own public printer,"
It was determined in the affirmative.
On motion by Mr. Henry, to amend the bill by striking out "one copy," section 2, line 2, and inserting "two copies,"
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by striking out the words "five hundred copies," section 2, line 17, and inserting "the remainder,"
It was determined in the affirmative.
On motion by Mr. Phelan, to amend the bill by inserting after "preserved," section 3, line 4,
The Attorney-General shall affix marginal notes to the acts and resolutions, fully index the same, and cause fair and exact copies of the said acts, resolutions, notes, and index to be made for delivery to the contractor by whom the same are to be printed,
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 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.
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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., April 10, 1863.
To the Senate and House of Representatives:
I herewith transmit for your information a communication from the Secretary of War, covering copies of Gen. Braxton Bragg's reports of several battles.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Military Affairs.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., April 11, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of the Treasury, covering estimates for the support of the Government from July 1 to December 31, 1863, in compliance with resolutions adopted respectively by the Senate and House of Representatives.
I recommend that appropriations be made of the amounts for the purposes specified.
JEFFERSON DAVIS.
The message was read.
Ordered, That it be referred to the Committee on Finance.
Mr. Brown presented the memorial of Johannes Roth, supercargo, and Joseph Lawson, commander, of the British ship Princess Royal, praying for compensation for the loss of said ship and that portion of her cargo which consisted of war material; which was referred to the Committee on Claims.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 20) to allow commutation for clothing to the militia in actual service of the Confederate States; and
On motion by Mr. Sparrow,
Ordered, That it be recommitted to the Committee on Military Affairs.
On motion by Mr. Brown, 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 President of the Confederate States has notified the House of Representatives that on the 11th instant he approved and signed an act (H. R. 21) to amend an act entitled "An act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals," approved August 29, 1861.
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
On motion by Mr. Semmes,
The Senate adjourned.
SECRET SESSION.
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled
A bill (S. 52) to fix the rank of officers in the military and naval service of the Confederate States holding commissions under the Provisional Government when reappointed to offices of the same grade under the Permanent Government.
The President pro tempore having signed the enrolled bill last
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reported to have been examined, it was delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill of the Senate (S. 58) to establish a volunteer navy.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 115) to appropriate ten millions of dollars to pay for the construction, armament, and equipment of ten ironclad war ships in southern Europe; and no amendment being made, it 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. Brown,
The Senate resolved into executive session.
The Senate having again resolved into secret legislative session,
The following message was received from the House of Representatives, by Mr. Dixon, their Clerk:
Mr. President: The House of Representatives disagree to the amendment of the Senate to the bill (H. R. 18) to lay taxes for the common defense and carry on the Government of the Confederate States, ask a conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Kenner of Louisiana, Mr. Lyon of Alabama, and Mr. Garnett of Virginia as managers at said conference on their part.
The Senate proceeded to consider their amendment, disagreed to by the House of Representatives, to the bill (H. R. 18) last mentioned; and
On motion by Mr. Barnwell,
Resolved, That they insist on their amendment to said bill, and agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses thereon.
On motion by Mr. Barnwell,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Barnwell, Mr. Semmes, and Mr. Clay were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Davis,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
The following messages were received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, April 11, 1863.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Col. John D. Imboden, of Virginia, to be brigadier-general in the Provisional Army of the Confederate States of America, under act No. 22, approved October 11, 1862, to take rank from January 28, 1863.
JEFFERSON DAVIS.
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War Department, Richmond, April 10, 1863.
Sir: I have the honor to recommend the following nomination for appointment in the Provisional Army of the Confederate States of America:
Col. John D. Imboden, of Virginia, to be brigadier-general, under act No. 22, approved October 11, 1862, to take rank from January 28, 1863.
I am, sir, respectfully, your obedient servant,
JAMES A. SEDDON,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The message was read.
On motion by Mr. Clay, that the message be referred to the Committee on Military Affairs,
It was determined in the negative.
The Senate proceeded to consider the nomination of John D. Imboden, to be brigadier-general.
On the question,
Will the Senate advise and consent to this appointment?
It was determined in the affirmative.
So it was
Resolved, That the Senate advise and consent to his appointment, agreeably to the nomination of the President.
Richmond, April 11, 1863.
To the Senate of the Confederate States:
I hereby withdraw the nomination of R. M. Lusher, to be marshal of the district of Louisiana, sent to the Senate February 2. Mr. Lusher declines the appointment.
JEFFERSON DAVIS.
The message was read.
Ordered, That it lie on the table.
On motion by Mr. Clay,
Ordered, That the nomination of R. M. Lusher, to be marshal for the district of Louisiana, be returned to the President as requested in his message of the 11th instant.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of H. M. Folsom, G. W. Melton, Thomas J. Scurry, P. M. Doherty, James W. Wilson, to be quarter-masters, with the rank of major; James M. Grissim, C. B. Duncan, H. G. Robertson, G. A. Pope, John A. Small, Charles P. Cooper, Thomas V. Sanford, I. N. Sheppard, William H. Briggs, W. J. Ferguson, John Logan, W. C. Scott, John H. Keyser, T. S. Hays, J. A. Kerby, Clayton Wilson, John A. Preston, Richard F. Langdon, D. R. Murchison, J. Harris Forbes, Thomas A. Roberts, E. H. Lane, to be assistant quartermasters, with the rank of captain; William Norris, to be major in the Signal Corps; M. L. Randolph, to be captain; R. J. Brownfield, S. M. Routh, to be first lieutenants; James L. Crittenden, George E. Tabb, John Bellinger, to be second lieutenants in the Signal Corps, reported, with the recommendation that 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. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of J. A. Campbell, to be Assistant Secretary
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of War, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and
On motion by Mr. Sparrow,
Ordered, that the further consideration of said nomination be postponed to and made the special order for to-morrow at 2 o'clock.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of J. C. Moore, to be brigadier-general, reported, with the recommendation that said nomination lie on the table.
The Senate proceeded to consider said report; and in concurrence therewith,
Ordered, That it lie on the table.
The Senate resumed the consideration of the resolution in relation to sending a minister to Russia.
On motion by Mr. Orr, to reconsider the vote on agreeing to the following amendment:
Strike out all after "That" and insert:
the President be respectfully requested to communicate to the Senate, in executive session, the reasons upon which he deems it expedient to send a commissioner to Russia,
It was determined in the affirmative.
The Senate proceeded to consider the amendment,
When, by unanimous consent, Mr. Johnson withdrew the same.
On motion by Mr. Orr,
Ordered, That the resolution lie on the table.
Mr. Johnson of Georgia submitted the following resolution; which was considered and agreed to:
Resolved, That the President be respectfully requested to communicate to the Senate, in executive session, the reasons upon which he deems it expedient to send a commissioner to Russia.
On motion by Mr. Johnson of Arkansas, to reconsider the vote on agreeing to the resolution,
On motion by Mr. Johnson of Arkansas,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Caperton, Henry, Hill, Hunter, Johnson of Georgia, Johnson of Arkansas, Mitchel, Oldham, Phelan, Simms, and Sparrow.
Those who voted in the negative are,
Messrs. Clark, Clay, Dortch, Haynes, Orr, Semmes, and Yancey.
On motion by Mr. Johnson of Arkansas, to amend the resolution by inserting after the word "session," in the fifth line, the words "if not incompatible with the public interests,"
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,
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Messrs. Baker, Barnwell, Caperton, Davis, Henry, Hill, Hunter, Johnson of Georgia, Johnson of Arkansas, Peyton, Phelan, and Sparrow.
Those who voted in the negative are,
Messrs. Clark, Clay, Dortch, Haynes, Oldham, Orr, Semmes, and Yancey.
On the question to agree to the resolution as amended,
It was determined in the affirmative.
On motion by Mr. Yancey,
The Senate resolved into secret legislative session.
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