The Daily Dispatch: August 28, 1862., [Electronic resource]

Confederate States Congress.
[adjourned Session.]
Senate

The Senate met at 12 o'clock. Prayer by the Right Rev. Bishop Early, of the Methodist-Episcopal Church.

Mr. Sparrow, from the Committee on Military Affairs, reported back the memorial of citizens of Meriwether county, Georgia, asking for the exemption of physicians in certain cases, and asked to be and were discharged from the further consideration of the matter.

Mr. Oldham, of Texas, offered the following resolution:

‘ Resolved, That the President he requested to communicate to the Senate whether Provost Marshals, who are employed as such, are authorized by the Secretary of War to receive the pay of a Captain of the Staff, and to be paid by the Quartermaster's Department; and, further, by what authority said officers are appointed and their pay and allowances fixed.

Mr. Oldham said that there were two very important questions involved--first, the authority for appointing such officers, and, secondly, the authority for fixing their sank and pay. He was one of those who believed that neither the President nor Congress had the power to declare martial law. The whole extent of the power granted hitherto by Congress was the suspension of the writ of habeas corpus, so that military operations could not be interfered with by civil law. It was necessary for civil government to exist, and the duty of the military authority to sustain it. Our Government was a constitutional one, formed by the consent of the people of the several States, and it was impossible for either the President or Congress to subject to martial law any State, or portion of a State, of their own will.

’ Mr. Burnett, of Ky., said that he would vote against the resolution, for the reason that be believed the appointment of Provost Marshals was a necessary measure, and that they were usually officers of the army, detailed for that especial duty, and drew no more pay than if they were in the army. He further believed that such resolutions would weaken the efficiency of the army.

Mr. Oldham replied at length, and the resolution was finally adopted.

The bill amendatory to the Conscription act was taken up from the calendar.

Mr. Clark, of Mo., moved to amend the bill so as to except persons coming from districts of country in which the Conscription law cannot be enforced on account of the presence or proximity of the enemy. Mr. Clark thought it was due to refugees from said districts to give them an opportunity to bring their families away from the overrun district, and to look for proper homes, and make the proper provision for those of whom they have the care.

Mr. Orr, of S. C., opposed the amendment, because it would amount to the exemption of all who came from Missouri, Kentucky, West Tennessee, and Northwestern Virginia. These were the every men who ought not to be exempted.

Mr. Simms, of Ky., was perfectly willing to adopt the amendment, if it would only cover the cases for which it was intended; but was of opinion that the proper mode would be to adopt the original bill leaving it to the discretion of the Secretary of War to give those refugees time to seek out homes for their families who wanted them. For himself he asked no exemption for Kentuckian. If they wished to share the liberties for which we are fighting they must share its dangers.

Mr. Peyton, of Mo, said that it was neither his wish nor the wish of his colleague to exempt a single Missourian. The five thousand Missourians who went into the battle of Corinth were promised that they should return to Missouri. By passing this law this promise would be broken, and every one of them would be conscripted and put into the Confederate service, when they could undoubtedly do more good at home.

After an extended debate, in which Messrs. Orr, Wigfall, Phelan and Semmes took part, the amendment was put to the vote and reflected.

A variety of amendments were offered and discussed at considerable length, and rejected.

The further consideration of the bill was postponed, and the Senate adjourned.