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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 --FRIDAY, May 6, 1864.
OPEN SESSION.
Mr. Caperton presented the petition of Eliza Maury, praying the continuation of a pension to which she was entitled under the Government of the United States; which was referred to the Committee on Claims.
Mr. Caperton submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Finance be instructed to inquire and report what amendments, if any, should be made to the act to levy additional taxes for the common defense and support of the Government, approved February seventeenth, eighteen hundred and sixty-four, in relation to the taxes imposed on the property and stock of railroad companies.
Mr. Caperton submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Finance be instructed to inquire into the expediency of exempting and releasing from import duties machinery, and materials for repairing the same, imported during the existing war and blockade by railroad companies.
Mr. Hill presented the memorial of the banking institutions of the city of Savannah, Ga., praying a modification of the present tax law; which was referred to the Committee on Finance.
Mr. Burnett, from the Committee on Claims, to whom was referred the joint resolution (S. 4) for the relief of John D. Southerland, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said resolution; and no amendment being proposed, it was reported to the Senate.
Ordered, That it be engrossed and read a third time.
The said resolution was read the third time.
On the question,
Shall the resolution now pass?
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. Baker, Barnwell, Brown, Burnett, Caperton. Dortch, Graham, Haynes, Hill, Hunter, Jemison, Johnson of Arkansas, Johnson of Missouri, Maxwell, Mitchel, Oldham, Orr, and Wigfall.
So it was
Resolved, That this resolution pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
Mr. Johnson of Missouri submitted the following resolution; which was considered and agreed to:
Resolved, That the Secretary of the Senate transmit to the Clerk of the House of Representatives, for distribution in the House, one hundred and twenty copies of every bill, resolution, and report, printed for the use of the Senate, except resolutions adopted or reports made in executive session.
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Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed joint resolutions of the following titles; in which they request the concurrence of the Senate:
The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. 5) of thanks to Maj. Gen. N. B. Forrest, and his officers and soldiers; and
On the question to agree to the motion submitted by Mr. Burnett, on yesterday, that it be referred to the Committee on Military Affairs,
It was determined in the affirmative.
So it was
Ordered, That the resolution be referred to the Committee on Military Affairs.
Mr. Johnson of Arkansas, agreeably to previous notice, submitted the following resolution; which was considered and agreed to:
Resolved, That the following rule be adopted and numbered the fifty-first rule of the Senate, to wit:
All joint resolutions giving the thanks of Congress to officers or soldiers of the Army or Navy of the Confederate States shall, on their second reading, be referred to some one of the standing committees of the Senate, unless otherwise ordered by a majority of the Senate.
Mr. Wigfall submitted the following resolutions for consideration:
Resolved, That the Congress of the Confederate States has the undoubted right, during invasion or rebellion, and when the public safety requires it, to suspend the privilege of the writ of habeas corpus, and that while so suspended it is not competent for any Confederate judge to discharge from custody any person held under or by virtue of the authority of the Confederate States.
Resolved, That the State courts, being established by State authority, can in no manner be affected by Confederate legislation, and that therefore an act of the Confederate Congress suspending the privilege of the writ of habeas corpus does not apply to them, and in nowise prevents their exercising such jurisdiction, or issuing such writs, as by the laws of their States they are allowed to exercise or issue.
Resolved, That the State and Confederate governments are separate, distinct, and coordinate governments; that each has its legislative, executive, and judicial departments, and is a perfect government in itself; and that therefore neither can interfere, in any manner, with the legislative, executive, or judicial action of the other; and that the courts of neither can inquire into the legality or illegality of the arrests of persons in custody under or by the authority of the other, or afford such persons any relief.
Resolved, That the Constitution of the Confederate States is, as to the States and between them, a compact; and that each has, as in all cases of compacts between sovereigns, a perfect right to declare its true intent and meaning; and that the citizens of each State are bound by such decision.
Resolved, That as to the citizens of each State, the Constitution of the Confederate States, having been ordained and established by the same authority as their State constitution, is equally supreme and binding over them as their State constitution is; and that the Government established by it, to the extent of its delegated powers, of which the State only is the judge, is as fully empowered to act for them as their State Government; and that when it does so act, their State government, having no supremacy over the Confederate Government, can not release them from their obligation to obey.
The Senate proceeded to consider the said resolutions; and
On motion by Mr. Wigfall,
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Ordered, That the further consideration thereof be postponed to and made the special order for Monday next at 1 o'clock, and that they be printed.
On motion by Mr. Semmes,
Ordered, That when the Senate adjourn it be to Monday next.
On motion by Mr. Hill,
Ordered, That the Hon. Edward Sparrow have leave of absence from the sessions of the Senate until Wednesday next.
Mr. Jemison (by leave) introduced
A bill (S. 9) for the relief of Green T. Hill;
which was read the first and second times and referred to the Committee on Finance.
On motion by Mr. Jemison,
Ordered, That the Hon. John W. C. Watson have leave of absence from the sessions of the Senate until Tuesday next.
The joint resolutions (H. R. 1 and H. R. 2) received this day from the House of Representatives for concurrence were severally read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Maxwell,
The Senate adjourned.
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