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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 29, 1863.
OPEN SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed Senate bills of the following titles:
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The last named with an amendment; in which they request the concurrence of the Senate.
The House of Representatives have refused to pass the bill of the Senate (S. 131) to increase the pay of third assistant engineers in the Navy.
They agree to some and disagree to other of the amendments of the Senate to the bill (H. R. 15) for the establishment and equalization of the grade of officers of the Navy of the Confederate States, and for other purposes.
They disagree to the first and agree to the other amendments of the Senate to the bill (H. R. 61 ) to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned.
And they agree to the amendment of the Senate to the bill (H. R. 3) to repeal certain clauses of an act entitled "An act to exempt certain persons from military service," etc., approved October 11, 1862, with an amendment; in which they request the concurrence of the Senate.
The Senate proceeded to consider their amendment to the bill (H. R. 61) to make appropriations for the support; of the Government of the Confederate States of America for the periods therein mentioned, disagreed to by the House of Representatives; and
On motion by Mr. Barnwell,
Resolved, That the Senate insist on their amendment, disagreed to by the House of Representatives, to the said bill, and ask a conference 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; and
Mr. Barnwell, Mr. Hunter, and Mr. Brown were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 134) to amend an act entitled "An act to amend an act entitled 'An act recognizing the existence of war between the United Staten and the Confederate States, and concerning letters of marque, prizes and prize goods,' approved May sixth, eighteen hundred and sixty-one," approved May 21, 1861, and numbered 170 of the acts of the second session of the Provisional Congress of 1861.
The House of Representatives insist on their amendments to Senate bills of the following titles:
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (H. R. 59) to continue and amend the third section of an act supplementary to an act concerning the pay and allowance due to deceased soldiers, approved February 15, 1862, and to provide for the prompt settlement of claims for arrearages of pay, allowance, and bounty due deceased officers and soldiers, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 59) 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.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (S. 63) to increase the efficiency of the Army, reported it without amendment.
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Mr. Wigfall, from the Committee on Military Affairs, to whom were referred the following bills:
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 49) last mentioned.
On motion by Mr. Orr, to amend the bill by inserting after "charge," section 4, line 5, the words "and two assistant surgeons, if there be two, if not, then one, shall constitute a board for the purposes aforesaid; and,"
Mr. Henry demanded the question; which was seconded, and
The question being put,
It was determined in the affirmative.
On motion by Mr. Orr, to amend the bill by inserting at the end of the fourth section the following proviso:
Provided, That no furloughs shall be granted under the provisions of this act if, in the opinion of the board, the life or convalescence of the patient would be endangered thereby,
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the bill by inserting at the end of the fifth section the words "if practicable,"
It was determined in the negative.
No further amendment being made, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
On the question,
Shall the bill now pass?
On motion by Mr. Wigfall,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Caperton, Clark, Johnson of Georgia, Johnson of Arkansas, Oldham, Orr, Peyton, Phelan, Semmes, and Simms.
Those who voted in the negative are.
Messrs. Barnwell, Burnett, Clay, Davis, Henry, Hunter, Maxwell, and Wigfall.
So it was
Resolved, That this bill pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: I am directed to request the Senate to return to the House of Representatives the bill (H. R. 61) to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned.
On motion by Mr. Davis, the vote on agreeing to the motion submitted by Mr. Barnwell, that the Senate insist on their amendment,
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disagreed to by the House of Representatives, to the bill (H. R. 61) to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned, and ask a conference on the disagreeing votes of the two Houses thereon, was reconsidered.
The Senate proceeded to consider the said motion; and
Mr. Barnwell (by leave) withdrew the same.
On motion by Mr. Davis,
Ordered, That the Secretary return the bill (H. R. 61) last mentioned to the House of Representatives, agreeably to their request.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
A message from the House of Representatives, by Mr. McDonald:
Mr. President: 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.
The House of Representatives have passed Senate bills of the following titles:
The last named with amendments; in which they request the concurrence of the Senate.
The House of Representatives have passed a bill (H. R. 67) to provide for holding elections for Representatives in the Congress of the Confederate States in the State of Tennessee; in which they request the concurrence of the Senate.
They have concurred in the amendments of the Senate to the bill (H. R. 39) to provide certain regulations for holding elections for Delegates to the Congress of the Confederate States in certain Indian nations.
And they have receded from their disagreement to the first amendment of the Senate to the bill (H. R. 61) to make appropriations for the support of the Government of the Confederate States of America for the periods therein mentioned.
Mr. Maxwell, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
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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.
Mr. Clay, from the Committee on Military Affairs, to whom was referred the bill (H. R. 8) to allow commutation for deficiencies in rations, reported it with the recommendation that it ought not to pass.
On motion by Mr. Clay,
Ordered, That it lie on the table.
Mr. Clay, from the Committee on Military Affairs, to whom was referred the bill (H. R. 28) to increase the pay of all noncommissioned officers and privates in the Army of the Confederate States, reported it with the recommendation that it ought not to pass.
Mr. Clay also submitted a report (No. 10) in relation to the subject; which was read.
On motion by Mr. Phelan, and by unanimous consent,
Ordered, That 500 copies of the said report be printed for the use of the Senate.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 28) last mentioned; and
On motion by Mr. Barnwell, that it be transferred to the Secret Legislative Calendar.
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, Davis, Hunter, Johnson of Arkansas, and Peyton.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Clark, Clay, Henry, Johnson of Georgia, Maxwell, Oldham, Orr, Phelan, Semmes, Simms, and Wigfall.
After debate,
On motion by Mr. Simms that the bill be .transferred to the Secret Legislative Calendar.
It was determined in the negative.
On motion by Mr. Johnson of Georgia. to amend the bill by striking out "four," section 1, line 3, and inserting "nine,"
On motion by Mr. Burnett.
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are.
Messrs. Burnett and Johnson of Georgia.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Clark, Clay, Davis, Henry, Hunter, Johnson of Arkansas, Maxwell, Oldham, Orr, Peyton, Phelan, Semmes, Simms, and Wigfall.
On motion by Mr. Clay, to amend the bill by striking out the second section,
It was determined in the affirmative.
An amendment having been proposed by Mr. Clay,
After debate,
On motion by Mr. Orr,
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Ordered, That the further consideration of the bill be postponed to and made the special order for to-morrow at 11 o'clock
The bill (H. R. 67) to provide for holding elections for Representatives in the Congress of the Confederate States in the State of Tennessee, communicated this day from the House of Representatives for concurrence, was read the first and Second times and referred to the Committee on the Judiciary.
On motion by Mr. Davis,
Ordered, That the Committee on Claims be discharged from the further consideration of a communication from the Attorney-General, transmitting a report of the claim of the Bowling Green Bridge Company for the destruction of their bridge over Barren River, Kentucky.
Mr. Davis, from the Committee on Claims, to whom was referred 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, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 11) last mentioned; and
On motion by Mr. Davis,
Ordered, That the further consideration thereof be postponed until the first Monday in December next.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the amendments of the House of Representatives to the bill (S. 73) to provide and organize a general staff for armies in the field, to serve during the war, reported adversely thereon.
On motion by Mr. Wigfall, that the Senate disagree to the amendments of the House of Representatives to the said bill, and ask a conference on the disagreeing votes of the two Houses thereon,
On motion by Mr. Barnwell,
The Senate resolved into secret legislative session.
The doors having been opened,
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 107) to provide for the transfer of per sons serving in the Army to the Navy; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Semmes,
The Senate adjourned.
SECRET SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill (H. R. 63) to aid the several Departments in the investigation of accounts; in which they request the concurrence of the Senate.
The bill (H. R. 63) received this day from the House of Representatives for concurrence was read the first and second times and referred to the Committee on the Judiciary.
Mr. Barnwell, from the Committee on Finance, to whom was referred the amendment of the House of Representatives to the bill (S. 130) supplementary to an act to provide for the funding and further issue of Treasury notes, reported it without amendment.
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The Senate proceeded to consider the amendment of the House of Representatives to the said bill; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the amendment of the House of Representatives to the bill (S. 61) to authorize the President to contract for the construction and equipment of vessels for the Navy abroad, reported it without amendment.
The Senate proceeded to consider the amendment of the House of Representatives to the said bill; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Semmes,
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, April 29, 1863.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Attorney-General, I hereby nominate Henry A. G. Battle, to be marshal of the district of Louisiana.
JEFFERSON DAVIS.
Department of Justice;
Richmond, April 13, 1863.
To the President.
Sir: Mr. Lusher having requested that his nomination be withdrawn, I have the honor to submit the name of Mr. Henry A. G. Battle, of Shreveport, for appointment as marshal of the district of Louisiana.
Your obedient servant,T. H. WATTS,
Attorney-General.
The message was read.
On motion by Mr. Semmes,
The Senate proceeded to consider the nomination of Henry A. G. Battle, to be marshal of the district of Louisiana; and
Resolved, That the Senate advise and consent to the appointment of Henry A. G. Battle, to be marshal of the district of Louisiana, agreeably to the nomination of the President.
Mr. Brown, from the Committee on Naval Affairs, to whom were referred (on the 24th instant) the nominations of John N. Maffitt, Joseph N. Barney, and Catesby ap R. Jones, to be commanders in the Navy; William A. Webb, to be commander for the war, under act No. 331, Provisional Congress, approved December 24, 1861; James E. Lindsay, to be passed assistant surgeon; W. S. Stoakley, C. M. Parker, and Henry B. Melvin, to be assistant surgeons for the war; W. W. Cleary and Charles W. Keim, to be assistant paymasters, and Walter O. Crain, Joseph Price, Alexander Grant, Charles E. Yeatman, Charles B. Oliver, Charles H. Hasker, and Francis Watlington, to be lieutenants for the war, reported, with the recommendation that said nominations be confirmed.
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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. Wigfall, from the Committee on Military Affairs, to whom were referred the nominations of John Eells, to be major Fifth Virginia Cavalry Regiment; Paul C. Venable, H. N. Martin, and Joseph C. Haskell, to be first lieutenants of artillery, for ordnance duty, under act approved April 21, 1862; A. H. Houston, J. W. Nance, Arthur J. Magenis, Wright S. Hackett, B. F. Abbott, J. C. Habersham, E. A. Warren, William L. Ware, Sidney C. Lewis, C. S. Newman. William S. Barnes, W. C. Keith, William G. Smith, A. J. Murphy, J. H. Robinson, Gregory Yniestra, Henry MacCormack, Leslie C. De Morse, and H. V. Harris, to be adjutants, with the rank of first lieutenant; A. B. Samuels, to be second lieutenant; John A. Adair, to be lieutenant-colonel; B. F. Eshleman, to be major; W. F. Dunaway, to be captain; William Clare, to be major, adjutant and inspector general's department; John J. Stoddard, C. J. Houks, B. A. Walthall,J. T. H. Holcombe, J. W. Branham, John H. McCue, A. McCulloch, J.P. Arrington, J. Webb Smith, J. G. Justice, B. J. Semmes, and John R. Mott, to be aids-de-camp, with the rank of first lieutenant; D. L. Clinch, J. C. C. Sanders, J. P. Nuckols, W. R. Aylett, A. D. Frederick, Winchester Hall, Squire Boone, J. M. Hall, Charles A. Derby, and Joseph H. Ham, to be colonels; John L. Harris, George E. Tayloe, R. W. Martin, J. Welsman Brown, J. H. Hudson, C. W. McArthur, W. W. Reynolds, E. L. Hobson, W. F. Perry, Henry D. Capers, and R. O. Whitehead, to be lieutenant-colonels; J. C. McDonald, R. J. Fletcher, F. F. Warley, P. Brenan, David A. Stuart, E. Blackford, G. M. Hanvey, E. L. Moore, W.W. Goldsborough, J. H. Rion, and F. L. Phipps, to be majors, 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. Wigfall, from the Committee on Military Affairs, to whom were referred (on the 24th instant) the nominations of George H. Vaughn, Horace H. Brand, James B. Larue, George W. Woolfolk, to be captains, under act approved October 11, 1862, reported, with the recommendation that said nominations lie on the table.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That said nominations lie on the table.
On motion by Mr. Davis,
The Senate resolved into open legislative session.
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