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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 --FOURTEENTH DAY--TUESDAY, September 2, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Dashiell.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
Mr. Collier introduced joint resolutions of thanks to Commander E. Farrand, of the Confederate Navy, junior officer in command of the naval and military forces, and Capt. A. Drewry, senior military officer, and the officers and men under their command at Drewry's Bluff on the 21st May, 1862; which were read the first and second times and,
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the rules being suspended, were engrossed, read a third time, and unanimously passed.
Mr. Heiskell moved that the call of the States be suspended and that the House proceed to the consideration of the unfinished business, which was the amendment offered by the special committee to a resolution to add additional standing committees to the resolution of Mr. Heiskell, referred to them.
The motion prevailed, and Mr. Miles moved to amend the amendment of the committee by striking out all after the list of committees.
Mr. Garnett moved to amend the amendment of the committee by inserting after the list of committees the words
To whom may be referred all subjects appertaining to their respective departments; and.
The amendment of Mr. Garnett was lost.
Mr. Miles moved that the House reconsider the vote by which the amendment of Mr. Garnett was rejected.
The motion was lost.
The amendment offered by Mr. Miles was then lost, and the amendment of the committee was agreed to.
The question then being on agreeing to the resolution as amended,
The same was adopted.
On motion, leave of absence was granted to Mr. Hilton.
A message was received from the President, by his Private Secretary, Mr. Harrison.
The Chair laid before the House a communication from the President; which is as follows, to wit:
To the Senate and House of Representatives of the Confederate States:
I have the gratification of presenting to Congress two dispatches from Gen. Robert F. Lee, commanding the Army of Northern Virginia, communicating the results of the operations north of the Rappahannock. From these dispatches it will be seen that God has again extended his shield over our patriotic Army, and has blessed the cause of the Confederacy with a second signal victory on the field already memorable by the gallant achievement of our troops.
Too much praise can not be bestowed upon the skill and daring of the commanding general who conceived, or the valor and hardihood of the troops who executed, the brilliant movement whose result is now communicated. After having driven from their intrenchments an enemy superior in numbers, and relieved from siege the city of Richmond, as heretofore communicated, our toil-worn troops advanced to meet another invading army, reenforced not only by the defeated army of General McClellan, but by the fresh corps of Generals Burnside and Hunter. After forced marches, with inadequate transportation, and across streams swollen to unusual height, by repeated combats they turned the position of the enemy, and forming a junction of their columns in the face of greatly superior forces, they fought the decisive battle of the 30th, the crowning triumph of their toil and valor.
JEFFERSON DAVIS.
Richmond, September 2, 1862.
Headquarters,
Manassas Junction, via Rapidan, August 30--9 o'clock p. m.
To President Davis:
So far this army has steadily advanced and repulsed the frequent attacks of the enemy. The line of the Rappahannock and Warrenton has been relieved. Many prisoners are captured, and I regret quantities of stores had to be destroyed for want of transportation. Anderson is not vet up, and I hear nothing of those behind. We have Ewell, Trimble, and Taliaferro wounded, the latter slightly, the others not mortally.
R. E. LEE.
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Headquarters Army of Northern Virginia,
Groveton, via Rapidan, August 30--10 p. m.
To President Davis:
This army achieved to-day, on the plains of Manassas, a signal victory over the combined forces of Generals McClellan and Pope. On the 28th and 29th each wing under Generals Longstreet and Jackson repulsed with valor attacks made on them separately. We mourn the loss of our gallant dead in every conflict, yet our gratitude to Almighty God for his mercies rises higher each day. To Him and to the valor of our troops a nation's gratitude is due.
R. E. LEE.
On motion, the message and accompanying documents were referred to the Committee on Military Affairs.
Mr. Smith of North Carolina, from the Committee on Elections, reported as follows, to wit:
The committee to whom was referred a communication from the governor of Virginia in reference to the vacancy in the delegation from that State, occasioned by the resignation of A. G. Jenkins, a member of this House, with other papers pertaining thereto, have had the same under consideration, and ask leave to report:
By section 4, Article I, of the Constitution, it is provided that "the times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof, subject to the provisions of this Constitution; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators."
By the fourth clause of the second section of the same article it is declared that, "When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies."
It is obvious from these provisions that the Constitution contemplates the enactment by the States of the necessary laws for securing a full representation in this body. Not only is this duty prescribed to their legislatures, but the executive authority of the States is required to be exercised in giving them effect when vacancies occur. It has been the practice under similar clauses in the Constitution of the United States to leave with the several States the duty of making such provisions as each may deem expedient for the election of their Representatives. The committee do not deem it proper to depart from this usage and assume powers not heretofore exercised and not required to be exercised by an existing emergency. The power of the State of Virginia over the subject is full and complete, and defects in the existing law may be remedied by the approaching called session of the general assembly.
The committee therefore recommend no further action in the premises except the adoption of the accompanying resolutions:
Resolved, That, in the opinion of the House, ample power rests with the several States to provide for securing a full representation, and that no legislation on the part of Congress is necessary.
Resolved, That the Speaker communicate to the governor of Virginia a copy of the report and of these resolutions.
Richmond, Va., August 5, 1862.
Hon. Thomas S. Bocock,
Speaker of the House of Representatives.
Sir: I hereby notify your honorable body that I have this day sent to the governor of Virginia my resignation as a member of the same.
ALBERT G. JENKINS.
Executive Department, Richmond, Va., August 18, 1862
Hon. Thomas S. Bocock,
Speaker of the House of Representatives, Confederate States of America:
Hon. A. G. Jenkins having resigned his membership in the First Congress of the Permanent Government of the Confederate States, the counties composing the district being in possession of the public enemy, and no provision being made by law for supplying the vacancy under these circumstances, I communicate the letter of resignation to Congress for such action as may be deemed proper.
Respectfully,JOHN LETCHER.
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Richmond, Va., August 5. 1862.
Hon. John Letcher,
Governor of Virginia.
Sir: I hereby resign my seat as a member of the First Congress of the Permanent Government of the Confederate States.
I have the honor to be, very respectfully, yours,
ALBERT G. JENKINS.
On motion of Mr. Russell, the report of the committee was laid upon the table and ordered to be printed.
On motion of Mr. Kenner, the House then proceeded to the consideration of the plans of the new hall.
Mr. Lyons presented two plans (Nos. 1 and 2) and moved the adoption of plan No. 1; which was agreed to.
Mr. Lyons moved that when the House adjourn it adjourn to meet in this hall to-morrow; which was agreed to.
The Chair laid before the House a bill from the Senate for the relief of disbursing officers and other agents of the Government in certain cases; which was read the first and second times and referred to the Committee on Ways and Means.
Also, a bill from the Senate to provide for substitutes in certain cases and detailing privates for police duty; which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Dupré introduced
A bill to provide a staff for generals, major-generals, and brigadier-generals;
which was read the first and second times and referred to the Committee on Military Affairs.
The Chair presented the memorial of Charles S. Lewis in relation to exempting physicians from military duty; which was referred to the Committee on Military Affairs, without being read.
On motion of Mr. Wilcox,
The House adjourned until 12 o'clock to-morrow.
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