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 --FORTIETH DAY--FRIDAY, October 3, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
FORTIETH DAY--FRIDAY, October 3, 1862.

OPEN SESSION.

The House met pursuant to adjournment.

The Chair presented a communication from the President; which is as follows, to wit:

Richmond, Va., October 2, 1862.

To the House of Representatives:

I herewith transmit for your information a communication from the Secretary of War in further answer to your resolution of the 21st August, requesting copies of reports of engagements with the enemy received since the adjournment of Congress.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were laid upon the table and ordered to be printed.

Also, a communication from the President; which is as follows:

Richmond, Va., October 2, 1862.

I herewith transmit a communication from the Postmaster-General, submitting estimates, to which I invite your attention.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

The Chair also presented a communication from the President; which is as follows, to wit:

To the Senate and House of Representatives of the Confederate States:

I herewith transmit a communication from the Postmaster-General, to which I respectfully call your attention.

The seventh clause of the eighth section of the Constitution directs that after the 1st of March, 1863, the expenses of the postal service shall be paid out of its revenue.

The interruption of commerce and communication resulting from the war and the occupation of a portion of our territory by the enemy have necessarily curtailed to a considerable extent the revenues of the Department and rendered it impossible, while the war continues and these causes exist, to make its revenues cover its expenses without such a reduction of the service as would seriously affect the interests of the people of the Confederate States.

If, in your opinion, the clause of the Constitution above referred to merely directs that Congress shall pass such taws as may be best calculated to make the postal service self-sustaining, and does not prohibit the appropriation of money to meet deficiencies, the question is one of easy solution. But if, on the contrary, you should consider that the constitutional provision is a positive and unqualified prohibition against any appropriation from the Treasury to aid the operations of the Post-Office Department, it is for you to determine whether the difficulty can be overcome by a further increase of the rates of postage or by other constitutional means.

Doubtful as to the true intent of the Constitution, I submit the question to the Congress and ask for it the deliberation which its importance may claim.

JEFFERSON DAVIS.

Executive Office,
Richmond, September 30, 1862.

On motion, the message was referred to the Committee on the Judiciary.


Page 483 | Page image

The Chair also presented a communication from the President; which is as follows, to wit:

Richmond, Va., September 36, 1862.

I herewith transmit a communication from the Secretary of the Treasury relative to the war tax of the State of Louisiana.

I recommend an appropriation of the amount for the purpose specified.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Ways and Means.

Also, a communication from the President; which is as follows, to wit:

Richmond, Va., October 2, 1862.

I herewith transmit for your information a communication from the Secretary of War, submitting the report of the Adjutant-General of the proceedings of courts-martial in cases of drunkenness.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were laid upon the table and ordered to be printed.

Mr. Chambers, from the Committee on Military Affairs, reported

A bill to encourage the manufacture of clothing and shoes for the Army;
which was read the first and second times.

The rules being suspended, the bill was taken up, and the second section of the same being under consideration; which is as follows, to wit:

Mr. Baldwin moved to amend by striking out the words "may be worked on Government account."

Mr. Chambers called the question; which was ordered, and the amendment was lost.

The bill was then engrossed, read a third time, and passed.

Mr. Miles, from the Committee on Military Affairs, to whom was referred

A bill supplemental to an act entitled "An act to amend an act to provide further for the public defense," approved 16th April, 1862, reported the same back, with the recommendation that it pass.

The rules were suspended;

The bill was taken up, and Mr. Gray moved to amend by striking out the last proviso of the bill; which is as follows, to wit:

And provided further, That the right of volunteering into or being assigned to any company shall not interfere with the objects of the above-recited act, or produce inequality or confusion in the different arms of the military service.

The amendment was lost, and the bill was engrossed, read a third time, and passed.

Mr. Miles, from the same committee, to whom was referred

A bill to amend an act for the organization of the staff department for the Army of the Confederate States of America, approved March 14, 1861,
reported the same back, with the recommendation that it pass.

The rules were suspended;

The bill was taken up, engrossed, read a third time, and passed.

Mr. Miles, from the same committee, to whom was referred


Page 484 | Page image

A bill to authorize the payment of bounties due deceased soldiers to their widows or legal representatives,
reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Miles, also from the same committee, to whom was referred a message of the President in relation to negroes captured by the enemy, reported the same back, asked to be discharged from its further consideration, and that it be laid upon the table; which was agreed to.

Mr. Miles, from the same committee, to whom was referred joint resolutions in relation to the conviction of persons guilty of treason, and to provide for the removal of disloyal persons, reported the same back, asked to be discharged from its further consideration, and that it be referred to the Committee on the Judiciary; which was agreed to.

Mr. Miles, from the same committee, to whom was referred

A resolution in relation to the law of exemptions,
reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Harris, from the Committee on Military Affairs, to which was referred a bill of the Senate to amend an act entitled "An act to provide for the public defense," approved 6th March, 1861, reported the same back with an amendment.

The rules having been suspended, the same was taken up, and having been read as follows, viz:

Mr. Harris moved to amend the same by striking out the same and inserting in lieu thereof the following, viz:

The amendment was agreed to, and the bill as amended was read a third time and passed.

On motion, the title of the same was amended by striking out all of the original and inserting in lieu thereof the following:

A bill to be entitled "An act to provide for the organization of army corps."

Mr. Harris, from the same committee, to whom was referred

A bill to amend an act providing for the granting of bounty and furloughs to privates and noncommissioned officers in the Provisional Army, approved December 11, 1861,
reported the same back, with the recommendation that it pass.

The rules being suspended, the bill was taken up, engrossed, read a third time, and passed.

Mr. Chambers, from the same committee, to whom was referred a bill of the Senate to amend an act for the establishment and organization


Page 485 | Page image

of a general staff for the Army of the Confederate States of America, approved February 26, 1861, reported the same back, with the recommendation that it pass with amendment.

Mr. Bonham moved that the bill and amendment be recommitted to the committee and printed.

Mr. Foote, by consent, moved that the amendment offered by him to the bill to raise revenue be printed; which was agreed to.

The hour for the consideration of the special order having arrived, Mr. Chambers moved to postpone the same.

Upon which Mr. Gartrell called the question.

The question was ordered, and the motion was lost.

Mr. Foote moved that the House resolve itself into secret session.

The motion was lost.

On motion of Mr. Garnett, the pending special orders were severally postponed, and the House proceeded to the consideration of the bill making appropriations for the executive, legislative, and judicial expenses of the Government for the month of December, 1862.

The House then resolved itself into Committee of the Whole, Mr. McRae being in the chair; and having spent some time therein, the committee rose and reported that they had had the bill referred to them under consideration, and reported the same back, with the recommendation that it pass.

Mr. Jones called for the question; which was ordered, and was upon ordering the bill to be engrossed for a third reading.

The bill was then engrossed, read a third time, and the question being on the passage of the same,

Mr. Kenner called the question; which was ordered, and the bill was passed.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

In which I am directed to ask the concurrence of this House.

A message was received from the President, informing the House that the President on the 2d instant approved and signed the following acts and joint resolution:

Mr. Foote moved that the House resolve itself into secret session.

The motion was lost.


Page 486 | Page image

The House then proceeded to the consideration of the special order, which was a bill to raise revenue.

On motion, the House resolved itself into Committee of the Whole, Mr. Curry in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that they had had under consideration the bill referred to them, and had come to no conclusion thereon.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill (H. R. 26) entitled "An act to authorize the judges of district courts to change the place of holding court in certain cases."

They have also passed a bill of this House of the following title, viz:

With amendments; in which I am directed to ask the concurrence of this House.

A message was received from the President; which is as follows, to wit:

Richmond, Va., October 3, 1862.

Mr. Speaker: The President of the Confederate States has to-day approved and signed the following act:

On motion of Mr. Miles, the bill reported from the Senate entitled "An act to authorize the President to accept and place in the service certain regiments and battalions heretofore raised," was taken up, read the first and second times, and referred to the Committee on Military Affairs.

A message was received from the Senate; which is as follows, to wit:

Mr. Speaker: The Senate have passed a bill of the following title, viz:

In which I am directed to ask the concurrence of this House.

Mr. Bonham moved that the House adjourn.

The motion was lost.

Mr. Chambers, by consent, moved that the bill of the Senate, with an amendment of the House, entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861, be taken up, recommitted to the committee, and printed; which was agreed to.

On motion of Mr. Miles, the House took up for consideration

A bill for the establishment and organization of the Army of the Confederate States of America, approved March 6, 1861, reported from the Senate with the following amendments, to wit: Insert the word "Provisional" before the word "Army" in the title; insert as section 2: "That the Quartermaster-General shall hereafter have the rank, pay, and allowances of a brigadier-general in the Provisional Army;" and the amendments were agreed to.

On motion of Mr. Chambers, the House took up for consideration the amendments of the Senate to a bill entitled "An act to reorganize and promote the efficiency of the Medical Department of the Army;" which are as follows, to wit: Insert the word "Provisional" before the word "Army" in the title; and in the first section, which is as follows:


Page 487 | Page image

"That the rank, pay, and allowances of a brigadier-general in the Army of the Confederate States be, and the same are hereby, conferred on the Surgeon-General of the same," insert after the words "in the" the word "Provisional:" and the same were agreed to.

Mr. Baldwin offered

A resolution that the Committee on Post-Offices and Post-Roads inquire into the expediency of allowing our people to transport their own letters and papers as they do all other commodities affecting their comfort;
which was read and agreed to.

Mr. Ralls moved that when the House adjourn it adjourn to meet at 10 o'clock to-morrow; which was agreed to.

Mr. Baldwin offered

A resolution that the Committee on Patents inquire into the expediency of making the Patent Office a simple office of record, in which any inventor or discoverer may of his own will and at his own risk file his specification and claim of invention or discovery, and demand a patent limited in its duration to twenty years.

Resolved, That the said committee inquire into the expediency of confining litigation about patents to the parties whose claims come in conflict and of protecting purchasers of patented articles against the demands of more than one patentee;
which was read and agreed to.

On motion of Mr. Royston, the House took up a bill to authorize the Postmaster-General to employ special agents to superintend and secure the certain and speedy transportation of the mails across the Mississippi River in the Confederate States; which had been returned from the Senate with sundry amendments.

The question being upon agreeing to the amendments; which are as follows: In section 2, which is as follows, to wit:

And be it further, enacted, That such agents shall receive such compensation for their services as is paid and allowed to route agents of the Post-Office Department, superintending the transportation of the mails in the Confederate States, and that this act shall continue in force during the existence of the present war between the United States and the Con federate States,
strike out the words "such compensation" and insert in lieu thereof the words "the same pay and allowance;" strike out the word "route" and insert in lieu thereof the word "special;" strike out the words "superintending the transportation of the mails in the Confederate States;" the same were agreed to.

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows:

Mr. Speaker: The Senate have concurred in the report of the committee of conference on the disagreeing votes of the two Houses to Senate bill (S. 62) entitled "An act to exempt certain persons from military duty, and to repeal an act entitled 'An act to exempt certain persons from enrollment for service in the Army of the Confederate States,' approved twenty-first April, eighteen hundred and sixty-two."

The Chair laid before the House a bill of the Senate to punish and repress the importation by our enemies of notes purporting to be notes of the Treasury of the Confederate States; which was read the first and second times and referred to the Committee on Ways and Means.

On motion of Mr. Garland,

The House adjourned until 10 o'clock to-morrow.

PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR


PREVIOUS NEXT NEW SEARCH