Wednesday, March 18, 1863.
Senate.--The Senate met at 12 o'clock, Mr. Hunter
, of Va.
, in the chair, Prayer by Rev. Mr. Dunban
presented the memorial of Wm. Bowies
, praying for the passage of an act allowing J. F. Shepard
to convey certain property in course of sequestration.
Referred to Judiciary Committee.
reported a bill for the establishment and organization of a General Striff for the Army of the Confederate States of America
, approved February 26th, 1861, with an amendment.
Printed. The Senate proceeded to consider said bill in Committee of the Whole, and, it being passed to its was passed — ayes 16, noes 3.
The Senate resumed the consideration of the bill to organize the Supreme Court of the Confederate States
, the pending question being the motion of Mr. Clay
, of Aia, to strike out the 45th and 46th sections of the act of the Provisional Congress. Mr. Phelan
, of Miss.
, proceeded to address the Senate in opposition to the motion of the Senator
Concluding, and Mr. Clay
declining to submit a closing argument, the question was called and resulted — ayes 18, noes 6.
, of Mo.
, submitted reasons why he could not vote for the bill as amended.
Concluding the previous question was called by Mr. Semmes
, and the ayes and noes being demanded, the bill was passed:
, Michelle Oldham Orr
, and Yancey
, Burnett Caperton
, Clark Davis
, and Sparrow
The bill to organize the Supreme Court of the Confederate States
reads as follows:
- Section 1. The Congress of the Confederate States of America do enact. That hereafter the Supreme Court of the Confederate States shall consist of a Chief Justice and three Associate Justices, any three of whom shall constitute a quorum and shall hold annually, at the seat of Government, two sessions, the one commencing the first Monday of January, the other the first Monday of August, the respective sessions to continue until the business of each session shall be disposed of
- Sec. 2. Be it further enacted. That the Chief Justice shall be the presiding Judge of the Court, and the Associate Justices shall have precedence according to the date of their commissions, or when the Commissions of two or more of them bear date on the same day, according to their respective ages.
- Sec. 3 Be it further enacted, That the Justices of the Supreme Court, before they precede to execute the duties of their respective offices shall take the oath or affirmation prescribed by law for the Judges of the District Courts.
- Sec. 4. Be it further enacted, &c. That the Chief Justice shall receive an annual salary of seven thousand dollars, and the Associate Justices shall each receive an annual salary of six thousand dollars, the said salaries to be payable quarterly out of the Treasury.
- Sec. 5. Be it further enacted, &c. That all the records, papers, appeals, and writs of error and judicial proceedings of any kind, appertaining to any suit now pending in or returnable to the Supreme Court created by the Provisional Congress be, and the same are hereby, transferred to the Supreme Court created by this act, and shall stand in the same plight and condition in which they were at the date of the passage of this act, and the Supreme Court to which said causes are hereby transferred shall proceed to hear and determine the same according to law, as if said causes had been originally instituted or made returnable therein.
The 45th and 46th sections of the act of the Provisional Congress struck out by the vote of to- day read as follows:
45. Be it further enacted,
That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the Confederate States
Or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution
, treaty, or laws of the Confederate States
Or where is drawn in question the construction of any clause of the Constitution
, or of a treaty, or statute, or commission held under the Confederate States
In each of these causes the decision may be reexamined, and reversed or affirmed in the Supreme Court of the Confederate States
, upon a writ of error, the citation being signed by any Judge
of the said Supreme Court, in too same manner and under the same regulations, and with the like effect as if the judgment or decree complained of had been rendered or passed in a District Court of the Confederate States
; and the proceeding upon reversal shall be the same, except that the Supreme Court, instead of remanding the cause for a final decision, may at their discretion, if the cause shall have once been remanded before, proceed to a final decision of the same and award execution.--But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid than such as appears in the fact of the record, and immediately respects the before-mentioned questions of validity or construction of the said Constitution
treaties, statute, commodious, or authorities in dispute.
45. All judgments orders, and decrees made by any State Court since the date of the secession of such State, upon any subject or matter which before such secession was within the jurisdiction of the Courts
of the United States
, shall have the force and effect of judgments, orders, and decreed of the Courts
herein established, with the privilege of either party to appeal out a of error.
On motion of Mr. Sparrow
, the Senate went into secret session.
House of representatives.
met at 11 o'clock, and was opened with prayer by Rev. Bishop Early
, of Ala.
, moved to suspend the rales to allow him to introduce a resolution fixing the daily hour of meeting as 11 o'clock during the remainder of the present session.
On this motion Mr. Jones
, of Tenn.
, called the ayes and noes, which were ordered and resulted — ayes 47, noes 14.
So the rules were suspended, and the vote being taken, the resolution of Mr. Curry
was agreed to.
, of Ark.
, then moved that the House
go into secret session, which was agreed to.