| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --MONDAY, December 19, 1864.
OPEN SESSION.
Mr. Walker presented resolutions of the general assembly of the State of Alabama "in relation to impressments and the schedule of prices fixed by Confederate commissioners," and "urging the payment of officers and privates by Confederate authorities;" which were severally read.
Ordered, That they lie upon the table and be printed.
Mr. Garland presented the petition of the clerks in the Second Auditor's Office, Treasury Department, praying that they may be allowed the privilege of drawing one ration and purchasing supplies at Government prices; which was referred to the Committee on Finance.
Page 378 | Page image
Mr. Johnson of Georgia submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of permanently exempting from military service skilled artisans, mechanics, and machinists who may be employed in the Government workshops of every description; also, the expediency of inviting into the Confederacy the same classes of persons from foreign States, upon a pledge of similar exemption.
Mr. Walker, from the Committee on the Judiciary, to whom was referred the bill (H. R. 283) to amend an act entitled "An act providing for the establishment and payment of claims for a certain description of property taken or informally impressed for the use of the Army," approved June 14, 1864, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and no amendment being proposed, 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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: 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. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 125) to amend an act entitled "An act to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities," approved February 17, 1864, reported it with the recommendation that it ought not to pass.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed indefinitely.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 106) to repeal in part an act to regulate the destruction of property, under military necessity, and to provide for the indemnity thereof, approved March 17, 1862; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed to and made the special order for Thursday next, at half past 12 o'clock.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 140) to guard against improper constructions of the tax laws by the officers charged with the execution of the same; and
On motion by Mr. Semmes,
Ordered, That it be recommitted to the Committee on the Judiciary.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 243) to regulate the pay and mileage of members, and the compensation of officers of the Senate and House of Representatives; and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Page 379 | Page image
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Caperton, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
The President 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.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 122) regulating the compensation of postmasters, special agents, and route agents.
On motion by Mr. Burnett, to amend the bill by striking out "twenty," section 1, line 22, and inserting "thirty-three and one-third,"
It was determined in the negative.
On motion by Mr. Baker, from the Committee on Post-Offices and Post-Roads, to amend the bill by inserting after "twenty," section 1, line 22, "five,"
It was determined in the affirmative.
On motion by Mr. Baker, from the Committee on Post-Offices and Post-Roads, to amend the bill by striking out "eight," section 1, line 24, and inserting "ten,"
It was determined in the affirmative.
On motion by Mr. Baker, from the Committee on Post-Offices and Post-Roads, to amend the bill by striking out, section 1, lines 33, 34, 35, 36, 37, and 38, the words "and of the postmasters at Petersburg, Virginia; Raleigh and Wilmington, North Carolina; Charleston and Columbia, South Carolina; Augusta and Savannah, Georgia; and Montgomery and Mobile, Alabama, shall be five thousand dollars, from and after the first day of January, one thousand eight hundred and sixty-five, at which time this act is to take effect,"
It was determined in the affirmative.
On motion by Mr. Baker, to amend the bill by striking out "excepting those," section 1, line 27, and inserting "except as,"
It was determined in the affirmative.
On motion by Mr. Watson, to amend the bill by inserting at the end of the fourth section the following proviso:
Provided, That no person shall hereafter be employed as a route agent who is capable of military service in the field, or who is not exempt by age from military duty,
It was determined in the affirmative.
No further amendment being proposed, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the bill he 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.
Page 380 | Page image
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 261) to amend an act of the Provisional Congress entitled "An act relating to the prepayment of postage in certain cases," approved July 29, 1861; and no amendment being proposed, 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 proceeded, as in Committee of the Whole, to the consideration of the bill (S. 141) to increase the pay of noncommissioned officers, privates, and musicians of the Marine Corps; and no amendment being proposed, 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.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 134) to increase the maximum rates of compensation allowed to railroad companies for the transportation of the mails of the Confederate States; and
On motion by Mr. Sparrow,
Ordered, That the further consideration thereof be postponed until Monday next.
On motion by Mr. Hill,
The Senate resolved into secret legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Dalton:
Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.
Mr. Caperton, from the committee, reported that they had examined and found truly enrolled
A bill (H. R. 243) to regulate the pay and mileage of members, and the compensation of officers of the Senate and House of Representatives.
The President 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.
On motion by Mr. Walker,
The Senate adjourned.
SECRET SESSION.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 267) to suspend the privilege of the writ of habeas corpus in certain eases for a limited time.
On motion by Mr. Orr, to amend the bill by striking out all of the first section after line 15, as follows:
Of conspiracies to overthrow the Government, or conspiracies to resist the lawful authorities of the Confederate States.
Of combining to assist the enemy, or of communicating intelligence to the enemy, or giving him aid and comfort.
Page 381 | Page image
Of conspiracies, preparations, and attempts to incite servile insurrection.
Of desertions, encouraging desertions, and of harboring deserters.
Of spies and other emissaries of the enemy.
Of holding correspondence or intercourse with the enemy without necessity and without the permission of the Confederate States.
Of unlawful trading with the enemy, and other offenses against the laws of the Confederate States enacted to promote their success in the war.
Of conspiracies or attempts to liberate prisoners of war held by the Confederate States.
Of conspiracies or attempts to aid the enemy.
Of persons advising or inciting others to abandon the Confederate cause, or to resist the Confederate States, or to adhere to the enemy.
Of unlawfully burning, destroying, or injuring, or attempting to burn, destroy, or injure, any bridge or railroad, or telegraphic line of communication, or other property, with the intent of aiding the enemy.
Of treasonable designs to impair the military power of the Government by destroying, or attempting to destroy, the vessels, or arms, or munitions of war, or arsenals, foundries, workshops, or ether property of the Confederate States.
Of any unlawful conspiracy with intent to injure the Confederate States.
But any person claiming exemption front military service as an officer of a State, shall have the privilege of the writ of habeas corpus, as to such claim, as if this act had not been passed. In cases of palpable wrong and oppression, by any subordinate officer, upon any party who does not legally owe military service, his superior officer shall grant prompt relief to the oppressed party, and the subordinate shall be dismissed from office,
and inserting in lieu thereof the following:
Of combining to assist the enemy, or of communicating intelligence to the enemy, or of being spies, or of holding treasonable communication with the enemy.
On motion by Mr. Hill, to amend the proposed amendment by striking out all of the words proposed to be inserted after "Of," in the first line, and inserting:
Combining to assist the enemy, or of communicating intelligence to the enemy, or giving him aid and comfort.
Of treasonable designs to impair the military power of the Government by destroying, or attempting to destroy, the vessels, or arms, or munitions of war, or arsenals, foundries, workshops, or other property of the Confederate States.
Of being a spy or other emissary of the enemy.
Of exciting, or attempting to excite, insurrection among slaves, or promoting conspiracy among them, or enticing them to join the enemy.
Of burning, destroying, or injuring, or attempting to burn, destroy, or injure, any bridge or railroad, or telegraphic line of communication, with the view of aiding the enemy.
Of exciting, or attempting to excite, mutiny among the troops of the Confederate States.
Of harboring deserters or encouraging desertion,
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, Barnwell, Brown, Burnett, Caperton, Dorth, Henry, Hill, Hunter, Johnson of Missouri, Maxwell, Semmes, Sparrow, and Watson.
Those who voted in the negative are,
Messrs. Garland, Graham, Johnson of Georgia, Orr, and Walker.
On motion by Mr. Graham, to amend the amendment proposed by Mr. Orr, as amended, by striking out of the words proposed to be inserted the following:
Of exciting, or attempting to excite, insurrection among slaves, or promoting conspiracy among them, or enticing them to join the enemy.
Page 382 | Page image
Of burning, destroying, or injuring, or attempting to burn, destroy, or injure, any bridge or railroad, or telegraphic line of communication, with the view of aiding the enemy,
It was determined in the negative.
On the question to agree to the amendment proposed by Mr. Orr, as amended,
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. Baker, Barnwell, Brown, Garland, Graham, Hill, Hunter, Johnson of Georgia, Maxwell, Orr, Semmes, Walker, and Watson.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Dortch, Henry, Johnson of Missouri, Simms, and Sparrow.
On motion by Mr. Graham, to amend the bill by striking out, section 1, linen 5, 6, 7, and 8, the words "by order of the President, Secretary of War, or the general commanding the Trans-Mississippi Military Department, by the authority and under the control of the President," and inserting in lieu thereof "by warrant issued by a judge or commissioner of the Confederate States upon probable cause, supported by oath or affirmation, particularly describing the person to be seized and the offense with which he is charged,"
On motion by Mr. Graham,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Garland, Graham, Johnson of Georgia, and Orr.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Caperton, Dortch, Henry, Hill, Hunter, Johnson of Missouri, Semmes, Sparrow, Walker, and Watson.
On motion by Mr. Walker, to amend the bill by striking out, section 1, lines 4, 5, 6, 7, 8, and 9, the words "apply only to the cases of persons arrested or detained by order of the President, Secretary of War, or the general officer commanding the Trans-Mississippi Military Department, by the authority and under the control of the President, except as provided in the fifth section of this act," and inserting in lieu thereof "except as provided in the fifth section of this act, apply only to the cases of persons arrested or detained under an order of arrest, or detention in writing, issued by the President, Secretary of War, or the general officer commanding the Trans-Mississippi Department,"
On motion by Mr. Walker,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Garland, Graham, Hill, Johnson of Georgia, Johnson of Missouri, Orr, Semmes, Walker, and Watson.
Those who voted in the negative are,
Messrs. Baker, Burnett, Caperton, Dortch, Henry, Hunter, and Sparrow.
Page 383 | Page image
On motion by Mr. Hill, to amend the bill by striking out all of the second section after "shall," line 1, and inserting:
appoint proper officers as commissioners to investigate the cases of all persons so arrested or detained, in order that they may be discharged if improperly detained, unless they can be speedily tried in the due course of law. Said commissioners shall receive, each, a compensation of two hundred and fifty dollars per month; and each commissioner may appoint one clerk or assistant, who shall receive a compensation of one hundred and fifty dollars per month, and each commissioner and assistant shall receive twenty-five cents for every mile actually and necessarily traveled in the discharge of the duties required by this act,
A motion was made by Mr. Watson, to amend the proposed amendment by adding to the words proposed to be inserted the following: "But no person liable to, and capable of, military service in the field shall be appointed under this section; and no officer shall perform any duty under this section except in the State of which he is a citizen;" and
On the question to agree thereto,
The yeas were 8 and the nays were 8.
The Senate being equally divided, the President determined the question in the negative.
So the amendment to the amendment was disagreed to.
On motion by Mr. Graham, to amend the proposed amendment by adding to the words proposed to be inserted the following proviso:
Provided, That no person shall be imprisoned by virtue of this act except in the State of which he is a citizen or resident, or in which he shall have been arrested, or in which the act or offense is charged to have been committed, unless such State shall be in possession of the enemy,
It was determined in the affirmative.
The amendment proposed by Mr. Hill, as amended, was then agreed to.
Pending the further consideration of the bill,
On motion by Mr. Walker,
The Senate resolved into open legislative session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |