previous next

Confederate Congress.

Thursday, Sept. 17th, 1862.

Senate.--The Senate met pursuant to adjournment.

Mr. Sparrow, from the Committee on Military Affairs reported back a House bill in relation to the transportation of troops, recommending its passage. The bill provides for the transfer of privates and non-commissioned officers, on their application, to regiments from their own States. when it can be done without injury to the public service, but not to apply to substitutes.--Passed.

Also, a House bill to regulate the rank of officers in the Provisional Corps of Engineers. --Caused.

Also, a House bill to provide for raising and organizing additional forces in the States of Kentucky and Missouri Laid upon the table and ordered to be printed.

Mr. Burnett offered a resolution instructing the Military Committee to inquire into the propriety of so amending existing laws as to require all disbursing officers in the Government to execute a covenant instead of a bond. Agreed to.

The Exemption bill was taken up for further consideration.

Mr. Hill moved to amend the section exempting ministers so as to read ‘"all ministers of religion in charge of churches"’

Mr. Bornett suggested the fact that some ministers might have charge of congregations, but not of churches.

Mr. Clark said this was the case with ministers of the Methodist denomination, who, by the provision, would be excluded from exemption.

Mr. Hill said there were a great many preachers who devoted the most of their time to secular pursuits, and though a Methodist himself, and many ministers of that church came under the category, he opposed their exemption. These were the very men he desired to catch.

Mr. Sparrow moved to around so as to make it read ministers of ‘"religion"’ instead of the ‘"gospel."’ Adopted.

Mr. S. moved an additional amendment, to make it read, ‘"every minister of religion authorized to preach, according to the rules of his sect, and in the regular discharge of his ministerial duties."’ instead of ‘"licensed and authorized,"’ &c.

Mr. Clark moved to add, ‘"every minister over the age of thirty five years."’

The amendment was negatived.

Mr. Sparrow moved to add to exempting clause, "all members who have been or are now members of the Society of Friends, and association of Tankards, in regular membership with their prospective denominations. Agreed to.

Mr. Clark moved a reconsideration of this agreement. He said as citizens of the Confederate States, it was the duty of Tankards and Quakers to take part in this war. Messrs, Sparrow and Preston opposed the motion to reconsider, and it was defeated.

The clause exempting ‘"all physician in the actual practice of their professions" ’ was next considered.

Mr. Baker moved to insert ‘"all licensed practitioners."’

Mr. Phelan said it was a matter of extreme difficulty to determine what constituted ‘"actual practice."’ A doctor with only one patient with a headache or sore toe was in ‘"actual practice,"’ Actual practice would be, under the operations of the exempting clause, tantamount to offering a practice.

Mr. Burnett doubted whether the clause ought to be incorporated at all — whether physicians ought to be exempted at all. If we took all of the profession between the ages of 18 and 35 there would be enough left to attend to all the practice demanded in the country. Under this clause every man who pretended to physic people would escape duty. If doctors are necessary, so are lawyers so are farmers.

Mr. Hill moved to amend by inserting ‘"all physicians who have been in the actual practice of their profession for the past five years."’

Mr. Phelan moved to amend by inserting ‘"one physician who has been in the practice of his profession, as his regular a vocation, for at least two years prior to the passage of this act, for every — population in the county in which he resided, said physician to be selected by the county courts of the respective counties."’ Lost.

The question recurring upon Mr. Hill's amendment, the vote was taken and it was adopted.

The clause in relation to the exemption of artisans was next considered.

Mr. Phelan moved the following amendment ‘"All shoemakers. tanners, harness makers, saddlers, blacksmiths, wagon makers, and millers, skilled and actually employed in their regular avocations: Provided, they make oath in writing that they are so skilled and actually employed at the time in such trades."’

Mr. Davis moved to strike out the proviso. Not agreed to — ayes 6, noes 12.

Mr. Hill moved to add after the word ‘"miller"’ ‘"millwright."’ Agreed to.

Mr. Semmes moved to add ‘"each affidavit shall only be prima facia evidence of the fact therein stated"’ Agreed to.

The amendment as amended was then agreed to.

The next clause relating to ‘"superintendents and operatives in cotton and woolen factories who may be exempt by the Secretary of War,"’ was considered.

Mr. Dortch moved to strike out the word ‘"operatives"’ Lost.

The clause was agreed to.

The next clause exempting ‘"all Presidents and Professors of colleges, academies, and theological seminaries and students in theological seminaries, being candidates for admission to the ministry,"’ was read.

Mr. Davis moved to amend so as to read ‘"all who were at the commencement of the war and who now are"’ candidates for admission, &c.

Mr. Phelan opposed the amendment.

Mr. Yancey moved to strike out the word ‘"professors"’ and insert ‘"teachers."’ Agreed to. Mr. Y. also moved to further amend by inserting ‘"and teachers who have been regularly engaged as such for two years previous to the passage of this act."’ Agreed to, by the deciding vote of the President, cast in its favor.

Mr. Yancey moved to add after the word ‘"act"’ in the amendment just adopted, ‘"and youths under 21 years of age."’

The question being ordered on agreeing to add ‘"and students in colleges under twenty- one years of age,"’ was put and the motion negatived.

Mr. Davis moved to amend by adding ‘"all persons who were at the commencement of the war and still are"’ theological students. Rejected.

Mr. Preston moved to strike out ‘"theological students."’ Ayes 11, noes 9, Carried.

Mr. Hill moved to strike out the clause exempting teachers under 35. He thought the men over 45 and the ladies could give all the instruction demanded. Rejected. Ayes 4, noes 17.

Mr. Semmes offered the following: "All artizans, mechanics, and employees in the establishments of the Government for the manufacture of arms, ordnance, ordnance stores, and other munitions of war, who may be certified by the officer in charge thereof as are necessary for such establishments; also, all artizans, mechanics, and employees in the establishments of such persons as are or may be engaged under contract with the Government in furnishing arms, ordnance, ordnance stores, and other munitions of war; Provided, That the chief of the Ordnance Bureau, or some ordnance officer authorized by him for the purpose, shall approve of the number required in such establishments.

Mr. Yancey for amend times: ‘"All persons employed in the manufacture of arms or ordnance in the several States, or contracted for by the States." ’ Agreed to, and the amendment adopted.

Mr. Brown offered the following clause, which was agreed to: ‘"All perse a engaged in the construction of ships gunboats, engines, and sails, or other articles necessary for the public defence, under contracts with the Secretary of the Navy."’

Mr. Sparrow moved to add to the exempting clause relating to overseers ‘"one overseer on each plantation cultivated exclusively by negro labor, and owned by any person in the civil or military service of the Confederate States, or any minor, or widow, or unmarried women, or person not of sane mind."’

Mr. Preston moved to strike out ‘"by any person in civil service."’ Agreed to.

Pending the consideration of the amendment offered by Mr. Sparrow, on motion, the Senate adjourned to meet on Friday.

House of Representatives.--The House met at 12 o'clock. Prayer by Rev. Dr. Doggett.

Mr. Lyons, of Va., offered a resolution, as follows:

The President having recommended that the 18th day of this month be set apart as a day of thanksgiving to Almighty God for the victories which have blessed our arms: Therefore,

Resolved, That this House, sympathizing fully and cordially with the President in the motives which prompted that recommendation, will comply with it, and when it adjourns to-day will adjourn until Friday, the 19th of this month.

This resolution was unanimously agreed to,

Mr. Garnett, of Va., moved that from and after this day the House shall meet at 11 o'clock.

Mr. Lyons opposed the motion, on the ground that it would restrict the working business hours of several of the standing committees. The vote was taken, and the motion prevailed.

Mr. Garnett introduced a resolution on that the President be requested to inform this House what disposition is made of negroes captured by our army; and whether any order has been issued for their restoration to their owners. This resolution was agreed to.

Mr. Russell introduced a bill to amend the act to authorize payment to he made for certain horses purchased for the army by Col. A. W. McDonald.--The amended bill authorizes payment for cavalry equipments, and was agreed to.

Mr. Russell moved to take up the bill in relation to the suspension of the writ of habeas corpus. with a view to have it made a special order. The House took up the bill, and

Mr. Russell moved to make it the special order for Friday, within the morning hour, and from day to day thereafter until completed. The motion did not prevail.

Mr. Russell then moved to make the bill the continuing special order after existing special orders are disposed of. This motion prevailed.

Mr. Lyons. of Va. offered a resolution that the Committee on the Judiciary be instructed to report a bill for the establishment of a Supreme Court.

Mr. Jones, of Tenn, moved to amend by inserting at the end of the resolution the words, ‘"and that the committee report at the next session."’--This amendment was accepted, and, as amended, the resolution was agreed to.

Mr. Jones, of Tenn., moved to suspend the call of the States, and that the committees be called. The motion prevailed, and the Committee on Elections being called,

Mr. Smith, of N. C. submitted a report in the contested election case between Messrs. Garland and Johnson, of Ark, which he asked might be printed.

Mr. Crockett, from the same committee, submitted a minority report, for which he asked the same disposition. Both reports were ordered to be printed.

The morning hour having expired, the special order, the bill from the Military Committee, to increase the Provisional Army of the Confederate States, was taken up; the question, as announced by the Chair, being upon the amendment of Mr. Chrisman, of Ky.

This amendment, which comes in after the 5th section of the bill reported by the committee, was agreed to

Substitutes submitted by Messrs Davis, of Miss., and Bonham, of S. C. were considered and voted down.

The question then came up on the engrossment of the committee's bill, and on this the ayes and noes were called, and the bill was ordered to be engrossed, by the following vote — ayes 46, noes 44.

The vote by which the bill was ordered to its engrossment was reconsidered, and several amendments were proposed. It was read a third time, engrossed, and passed. We present below the bill as it received the sanction of the House. It was carried by a vote of — ayes 49, noes 39.

A Bill to be entitled An Act, to provide for the filling up of existing companies, squadrons, battalions, and regiments, and to increase the Provisional Army of the Confederate States.

  1. Section 1. The Congress of the Confederate States of America do ended. That when the President shall consider an increase of the forces in the field necessary to repel invasions, or for the public safety in the pending war, he is authorized, as hereinafter provided to call into the military service of the Confederate States for three years or during the present war, if it should be sooner ended, all white male citizens of the Confederate States, not legally exempted from such service, between the ages of thirty five and forty-five years; and such authority shall exist in the President, during the present war, as to all persons who now are or may hereafter become eighteen years of age; and, when once enrolled, all persons between the ages of eighteen and forty-five years shall serve their full term. Provided, That if the President in calling out troops into the service of the Confederate States shall first call for only a part of the persons between the ages hereinbefore stated, he shall first call for those between the age of 35 and any other age less than 45, and apportion the same between the several States, taking into consideration their relative population between the ages of 35 and 45, and the number of troops already furnished to the army by the respective States under former acts.--so far as the same may be practicable without departing from the principle of calling out troops according to age; and Proceeded, further, That in estimating the number of former acts, each State shall be credited with all the companies mustered into service from said State.
  2. Sec. 2 That the President shall make such call by requisition upon the Governors of the several Confederates States for all or any portion of the persons within their respective States between the ages of thirty-five and forty-five years, and also for those who now are, or may hereafter become, eighteen years old, as aforesaid, not legally exempted, and when assembled in camps of instruction in the several States, they shall be assigned to and form part of the companies, squadrons, battalions, and regiments heretofore raised in their respective States and now in the service of the Confederate States; and the number that may remain from any State after filling up existing companies, squadrons, battalions, and regiments from such State to their maximum legal number, shall be officered according to the laws of the State having such residue.
  3. Sec.3 That if the Governor of any State shall refuse or shall fall for an unreasonable time, to be determined by the President, to comply with said requisition, then such persons in such State are hereby made subject, in all respects, to an act entitled ‘"An act further to provide for the public defence,"’ approved April 16, 1862, and the President is authorized to enforce said act against such persons.
  4. Sec.4 That for the purpose of securing a more speedy enrollment of the persons rendered liable to military service under this act, the President may immediately upon making the requisition authorized therein, employ in any State, whose Governor shall consent thereto, officers of the Confederate States to enroll and collect, in the respective camps of instruction, all the persons called into service as aforesaid.
  5. Sec.5. That the persons brought into military service by this act shall be assigned to the company from their State now in the service of the Confederate States which they may prefer to join, subject to such regulations as the Secretary of War may establish, to secure the filling up of existing companies, squadrons, battalions, and regiments, from the respective States: Provided, That persons liable to military service under the provisions of this act, (and able-bodied men over the ages of forty- five years,) may volunteer and be assigned to duty in such company from their State as they may select: Provided, That said company shall not, by reason thereof, be increased beyond its legal maximum number; and Provided, further, That the right of volunteering in, or of being assigned to, any company, shall not interfere with the objects of this act, or produce inequality or confusion in the different arms of military service. Provided, That the President is authorized to suspend the execution of this act, or the acts to which this is an amendment, or any special provision, or provisions, of said acts, in any locality, when he believes such suspension will promote too public good; and that in such localities, and during such suspension, the President is authorized to received troops into the Confederate service under any of the acts passed by the Confederate Congress prior to the passage of the act to further provide for the public defence, approved 16th of April, 1862.
A motion was made to reconsider the vote by which the bill was passed, but by a vote of the House this motion was laid upon the table.

On motion, at quarter-past 4 o'clock, the House adjourned.

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 United States License.

An XML version of this text is available for download, with the additional restriction that you offer Perseus any modifications you make. Perseus provides credit for all accepted changes, storing new additions in a versioning system.

hide Places (automatically extracted)

View a map of the most frequently mentioned places in this document.

Sort places alphabetically, as they appear on the page, by frequency
Click on a place to search for it in this document.
United States (United States) (10)
Missouri (Missouri, United States) (1)
hide People (automatically extracted)
Sort people alphabetically, as they appear on the page, by frequency
Click on a person to search for him/her in this document.
Sparrow (6)
Mary E. Hill (6)
Russell (4)
Phelan (4)
Yancey (3)
Preston (3)
Lyons (3)
Jefferson Davis (3)
W. H. Clark (3)
Semmes (2)
D. R. Jones (2)
Garnett (2)
Burnett (2)
Edward W. Smith (1)
A. W. McDonald (1)
Andy Johnson (1)
House (1)
Garland (1)
Dortch (1)
Doggett (1)
Walter Davis (1)
Crockett (1)
Chrisman (1)
Thomas L. Brown (1)
Bornett (1)
Bonham (1)
Baker (1)
hide Dates (automatically extracted)
Sort dates alphabetically, as they appear on the page, by frequency
Click on a date to search for it in this document.
April 16th, 1862 AD (2)
September 17th, 1862 AD (1)
hide Display Preferences
Greek Display:
Arabic Display:
View by Default:
Browse Bar: