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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, April 22, 1863.
OPEN SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 110) to authorize the Secretary of the Navy to lease a site, near the city of Richmond, for the preparation and safe-keeping of ordnance stores.
And they have passed bills of the following titles; in which they request the concurrence of the Senate:
The bills this day received from the House of Representatives for concurrence were severally read the first and second times.
Ordered, That the bill numbered 53 be referred to the Committee on Finance and that the bills numbered 50, 51, 52, 54, 55, and 56 be referred to the Committee on Military Affairs.
Mr. Simms (by leave) introduced
A joint resolution (S. 14) relative to the treatment of prisoners of war by the enemy;
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Brown, from the Committee on Naval Affairs, reported
A bill (S. 131) to increase the pay of third assistant engineers in the Navy;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.
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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,
Ordered, That the Committee on Naval Affairs be discharged from the further consideration of the joint resolution (H. R. 11) to authorize the Secretary of the Treasury to audit the accounts of L. Merchant & Co., for supplies furnished the cutter Morgan, and that it be referred to the Committee on Finance.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the following subjects:
A message from the President of the Confederate States, transmitting an estimate of the amount required for the use of the Surgeon-General before the close of the current fiscal year; and
A message from the President of the Confederate States, transmitting an estimate of the amount required to liquidate claims to be paid for river-defense service;
And that they be referred to the Committee on Finance.
Mr. Sparrow from the Committee on Military Affairs, to whom was referred the message of the President of the Confederate States, transmitting copies of the official reports of various engagements with the enemy, reported the same.
On motion by Mr. Sparrow,
Ordered, That it lie upon the table.
Mr. Hill, from the Committee on the Judiciary, to whom was referred the bill (H. R. 30) to punish forgery and counterfeiting, reported it without amendment.
On motion by Mr. Hill,
Ordered, That it be printed.
Mr. Davis, from the Committee on Claims, to whom was referred the bill (H. R. 43) for the relief of S. B. Lowe, reported it with the recommendation that it ought not to pass.
On motion by Mr. Davis,
Ordered, That the Committee on Claims be discharged from the further consideration of the memorial in behalf of certain destitute families taken from and near the city of Pensacola, Fla., by military authority.
On motion by Mr. Wigfall,
Ordered, That Johannes Roth and Joseph Lawson have leave to withdraw their memorial and papers.
Mr. Oldham, from the Committee on Post-Offices and Post-Roads, to whom was referred the bill (H. R. 40) to prescribe the rates of postage on newspapers, periodicals, books, and transient and other matter, and to repeal in part the second section of the act approved May 13, 1861, to amend an act to prescribe the rates of postage in the Confederate States of America, and for other purposes, approved February 23, 1861, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 40) last mentioned; and no amendment being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
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The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Clay, from the Committee on Commerce, to whom was referred the bill (H. R. 22) to regulate the pay of the officers formerly belonging to the revenue service of the United States, and now in the employment of the Confederate States, reported it with the recommendation that it ought not to pass.
Mr. Semmes, from the Committee on Flag and Seal, reported
A bill (S. 132) to establish the flag of the Confederate States;
which was read the first and second times and considered as in Committee of the Whole; 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.
Mr. Simms, from the Special Committee on Hospitals, to whom was referred the bill (H. R. 48) allowing hospital accommodations to sick and wounded officers, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 48) last mentioned; and no amendment being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Resolved, That it 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. 112) to facilitate transportation for the Government; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed to and made the special [order] for to-morrow at 12 o'clock.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the ball (S. 126) to provide for the compensation of certain persons therein named, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 126) last mentioned, and the reported amendments were agreed to.
On motion by Mr. Clark, to amend the bill by inserting after "day," line 10, the words "in lieu of rations and all other allowances,"
It was determined in the affirmative.
On motion by Mr. Johnson of Arkansas, to amend the bill by striking therefrom the words "or in performing other constant labor, apart from their ordinary service for more than twenty days,"
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.
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Ordered That the Secretary request the concurrence of the House of Representatives therein.
Mr. Clay, from the Committee on Commerce, to whom was referred the memorial of citizens of the State of Florida, praying for the establishment of a port of entry at Gainesville, in that State, reported adversely thereon.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 109) to provide for retiring officers of the Army.
On the question to agree to the following reported amendment:
Strike out all after the enacting clause and insert:
That all general officers commanding armies, corps, divisions, or brigades, all colonels or officers commanding regiments or battalions, shall report monthly to the Secretary of War through the regular channels, all officers under their immediate command or connected with their respective staffs, who are or may be absent from their command, post, or duty, without leave, whereupon such officers, so absent, shall be at once dropped by orders: Provided, That for satisfactory reasons it shall be lawful to suspend such order for explanation: And provided further, That nothing herein contained shall operate to exempt any officer so dropped from conscription.
On motion by Mr. Clark, to amend the reported amendment by striking out, section 1, line 7, the word "so" and inserting "if," and by inserting after "absent," in the same line, the words "for one month or more,"
It was determined in the affirmative.
The amendment as amended was then agreed to.
No further amendment being made, 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 promote the efficiency of the Army and to secure prompt returns from disbursing officers."
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. 129) to amend an act entitled "An act to regulate impressments by officers of the Army;" 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.
On the question,
Shall the bill now pass?
On motion by Mr. Haynes,
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, Davis, Dortch,
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Henry, Hill, Johnson of Georgia, Maxwell, Oldham. Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
Those who voted in the negative are,
Messrs. Caperton, Haynes, and Hunter.
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. Clay, the vote on passing the bill (S. 109) to promote the efficiency of the Army and to secure prompt returns from disbursing officers was reconsidered.
On motion by Mr. Clay, the vote on ordering the bill to its engrossment and third reading was reconsidered; and
On motion by Mr. Clay, the vote on agreeing to the amendment reported from the Committee on Military Affairs as amended was also reconsidered.
The Senate proceeded to consider the said amendment; and
On motion by Mr. Clay, to amend the reported amendment by striking out, section 2, line 7, the words "As in the first section of this act" and inserting:
Provided, That for satisfactory reasons it shall be lawful to suspend such order for explanation: And provided further, That nothing herein contained shall operate to exempt, any officer so dropped from conscription,
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the reported amendment by striking out the second and third sections thereof,
It was determined in the affirmative.
On motion by Mr. Semmes, to reconsider the vote on agreeing to the following amendment to the reported amendment: Strike ont, section 1, line 7, the word "so" and insert "if," and insert after "absent," in the same line, the words "for one month or more,"
It was determined in the affirmative.
The Senate proceeded to consider the said amendment; and
On the question to agree thereto,
It was determined in the negative.
On motion by Mr. Semmes, to amend the reported amendment by inserting after "explanation," section 1, line 9, the following proviso:
And provided, That one month be allowed the officer so reported as absent without leave to furnish reasons for his absence before the order dropping him shall issue; and in case satisfactory reasons for such absence shall be established after the issue of such order, the Secretary of War may revoke the same and reinstate the officer.
After debate,
Mr. Haynes 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, Clark, Davis, Haynes, Hill, Hunter, Johnson of Arkansas, Maxwell, Orr, Peyton, and Semmes.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Clay, Dortch, Henry, Johnson of Georgia, Phelan, Simms, Sparrow, and Wigfall.
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On motion by Mr. Wigfall, that the last-mentioned vote be reconsidered,
On motion by Mr. Brown,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: On the 16th instant the President of the Confederate States approved and signed an act (S. 85) to establish a preferred mail across the Mississippi River.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Davis,
The Senate adjourned.
SECRET SESSION.
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 18th instant, approved and signed an act (S. 58) to establish a volunteer navy.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Brown, from the Committee on Naval Affairs, reported
A bill (S. 133) to amend an act entitled "An act to make appropriations for ironclad and other war steamers, steam engines, and other supplies contracted for abroad;"
which was read the first and second times and considered as in Committee of the Whole; 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.
Mr. Barnwell (by leave) introduced
A joint resolution (S. 15) in regard to estimates from the several Departments;
which was read the first and second times and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution 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 following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., April 21, 1863.
To the Senate of the Confederate States:
I herewith transmit for your information, in secret session, a communication from the Secretary of War, in response to your resolution of the 11th instant, in reference to the revocation of restrictions upon commerce across the Rio Grande.
JEFFERSON DAVIS.
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The message was read.
Ordered, That it be referred to the Committee on Commerce.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Richmond, Va., April 21, 1863.
To the Senate of the Confederate States:
I herewith transmit for your information, in secret session, a communication from the Secretary of the Treasury, in response to your resolution of the 11th instant, inquiring as to the terms on which cotton has been sold in foreign markets under cover of certificates referred to ill his report dated January 10, 1862. From the report it appears that cotton has not been thus sold.
JEFFERSON DAVIS.
The message was read.
On motion by Mr. Johnson of Arkansas,
Ordered, That it lie upon the table.
On motion by Mr. Haynes,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Sparrow, from the Committee on Military Affairs, to whom were referred the nominations of S. G. French, John H. Forney, D. H. Maury, John G. Walker, Arnold Elzey, P. R. Cleburne, D. S. Donelson, E. Johnson, W. H. C. Whiting, to be major-generals; Francis T. Nicholls, Preston Smith, Alfred Cumming, William S. Walker, Joseph Wheeler, George Doles, Carnet Posey, M.D. Corse, G. T. Anderson, E. L. Thomas, S. D. Ramseur, J. R. Cooke, J, B. Robertson, E. F. Paxton, Evander McNair, W. G. M. Davis, Archibald Gracie, jr. W. R. Boggs, James C. Tappan, Dandridge McRae, Stephen D. Lee, John Pegram, John A. Wharton, A. Buford, Wilham T. Martin, John H. Morgan, Marcus J. Wright, Z. C. Deas, R. W. Hanson, Lucius E. Polk, James Cantey, W. H. Jackson, Alfred E. Jackson, to be brigadier-generals, 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. Sparrow, from the Committee on Military Affairs, to whom was referred the nomination of Alfred Iverson, to be brigadier-general, reported the same.
The Senate proceeded to consider said nomination; and
On motion by Mr. Johnson of Arkansas, that it be recommitted to the Committee on Military Affairs,
After debate,
Mr. Johnson of Arkansas, demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
So it was
Resolved, That the nomination of Alfred Iverson, to be brigadier-general, be recommitted to the Committee on Military Affairs.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
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