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Confederate States Congress.
[adjourned session.]
Senate.

Friday, August 29, 1862.

The Senate met at 12 o'clock, and was opened with prayer by the Rev. Wm. B. Royall, of North Carolina.

Mr. Dortch, of N. C., introduced a bill to regulate the payment of the claims of deceased soldiers, which was placed on the calendar.

Mr. Sparrow reported a bill to ‘"amend an act establishing and organizing the army of the Confederate States of America."’ the object of which is to establish a Paymaster's department separate from the Quartermaster's. Placed on the calendar.

On motion of Mr. Sparrow, the bill ‘"providing for substitutes in certain cases, and detailing privates for police duty,"’ was taken up from the calendar.

Mr. Simms, of Ky., said that he was unwilling to legalize the substitute system as amended, or as heretofore practiced. He thought that if any system were to be adopted, the best would be that adopted by the French Government, which established by law a certain price to be paid by the party desiring a substitute into the Treasury, and furnished the substitute itself. By this means the trends practiced by deserting substitutes, and the usury and villainy practiced by substitute agents, would be obviated.

Mr. Dortor, of North Carolina, moved to amend the bill by striking out that portion restricting the privilege of purchasing substitutes, where farmers are concerned, to those who have not less than fifty slaves. To pass this measure would be to array the slaveholder against the non-slaveholder, and thus encourage a feeling of the most pernicious character.

Mr. Maxwell, of North Carolina, moved to amend the amendment by striking out all of the bill specifying the classes permitted to hire substitutes.

Mr. Brown was opposed to both amendments — By way of illustration of the evil of indiscriminate substitution, he had ascertained that out of four hundred conscripts, taken to the camp near this city, one hundred and twenty had obtained substitutes, and of these substitutes already forty had deserted. The bill would not array the non-slaveholder against the slaveholder but was designed to give to those owning a large number of slaves the power to protect the public interests by keeping their slaves in subjection; and at the same time gave the same opportunity to the poor artisan to protect his own and advance the public interests by following his pursuit.

Mr. Sparrow, of La., and Mr. Barnwell, of S. C., held similar views of the question, contending that the object of the bill was not to array classes against one another, but to abolish substitutes from all classes except two, and those two consisting of those persons whose exemption was actually necessary to the public interest.

Mr. Wigfall, of Texas, objected to the introduction of such issues as that class of legislation, such as the ‘"rich against the poor,"’ and the ‘"non-slaveholder against the slaveholder."’ He had hoped that all such ideas would never be presented before him after he left Washington. As the substitute law now stood, it was liable to that charge for only the rich could procure substitutes, while the poor fought the battles of the country. By the proposed law, the interests of the people and of the cause were consulted. It covered those two important cases where it was imprudent to leave large bodies of negroes without subjection, and where it was imprudent to take away every mechanic from the public.

Mr. Clark, of Mo., moved to strike out all about the number of slaves necessary to secure exemption, the provisions of the second section of the bill being all that was necessary to attain the object in view. This section provided a special detail of privates from the army, for the protection of all farms, when the owners thereof are ‘"lone women,"’ minors, or persons in the service of the Confederacy.

Mr. Sparrow moved to lay all of the amendments on the table. Rejected.

The vote was then taken on Mr. Clark's amendment and it was adopted.

The vote being taken upon Mr. Maxwell's amendment, striking out all in the first section in relation to the particular persons to be exempted by substitution, it was lost.

The second section, authorizing a detail for the protection of farmers under certain circumstances, was taken up, and in that part stating that such detail may be made ‘"when the safety of any locality may require it, upon the recommendation of five respectable citizens of any county or parish, with the approval of the Provost Marshal,"’ &c.

Mr. Brown moved to strike out the clause ‘"with the approval of the Provost Marshal,"’ which was adopted.

Mr. Phelan offered an amendment placing the detail altogether in the hands of the military commandant of the locality, who would, he believed, be the best judge of the necessity of such detail. The amendment was rejected.

Mr. Preston, of Va., moved to strike out the whole section. He believed that the States themselves, were competent to attend to this matter themselves. He did not think it was proper that this conscript army should be turned into a police to guard our cornfield, nor did he want any idea to go forth that he had any fear of slave insurrection; but, greater than this was the consideration of introducing military authority for the government of our slaves.

Mr. Sparrow pointed out the fact that the bill provided that military assistance should not be introduced except upon the application of the owner of the estate, and the recommendation of five respectable citizens.

Several other amendments were made and others proposed, upon which the discussion becoming extended,

On motion of Mr. Preston, was postponed until to-morrow.

On motion of Mr. Maxwell, the Senate agreed, that when it adjourn, it adjourn to meet on Monday next.

On motion of Mr. Maxwell, the motion to postpone the consideration of the substitute bill was reconsidered, and that bill was again taken up, and after half an hour's further debate, was postponed until Monday.

The Senate then went into Executive session.

Note.--The substitute bill, as thus far amended and passed, is as follows:

‘ "That hereafter substitutes for persons liable to military duty shall not be allowed, except in cases where the person offering the substitute is skilled and actually employed in some mechanical pursuit, the prosecution of which, at the time, the Secretary of War may declare to be important to the public interests: Provided, That in all cases where substitutes are received, the person furnishing the substitute shall guarantee his fidelity, and in case he deserts, the principal shall be held to service as if no substitute had been furnished by him."

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