The Daily Dispatch: October 8, 1862., [Electronic resource]

Confederate Congress.

Senate.--The Senate met at 11 o'clock, Hon Mr. Hunter in the chair. Prayer by Rev. Mr. Jeter.

Mr. Lewis introduced a bill authorizing the Confederate States to borrow of the individual States $150,000,000. Referred to the Committee on Finance.

Mr. Orr introduced a bill to raise money to support the Government. Referred to the Committee on Finance.

Mr. Hill, from the Committee on the Judiciary, to which was referred a resolution inquiring to what extent the military authorities have the right to put restrictions upon the facilities of citizens in traveling, and the transportation of private property, introduced by Mr. Lewis, reported that the committee had previously considered the subject matter of the resolution, and reported thereon, and asked to be discharged from the further consideration of the same.

Mr. Brown from the Committee on Naval Affairs, reported a bill authorizing the appointment of three Naval Storekeepers, with an annual salary, each, of $1,700. Passed.

A House bill to provide shoes for the army. [Authorizes the detailing of two thousand shoemakers to make shoes for the army. Soldiers detailed to receive pay for extra duty, and thirty five cents per pair for shoes, in addition to their regular pay and rations] Passed.

A House bill to establish places of rendezvous for the examination of persons enrolled for military duty. Amended and passed.

A bill for the relief of Jonas P. Levy. [Authorizes Jonas P. Levy to take possession of the property of his brother, Uriah P. Levy, an alien enemy]

Messrs. Davis and Haynes opposed the bill, on the ground that it violated the established rule in relation to confiscated property of the enemy, and worked injustice to the public. The bill was laid on the table.

A bill to amend an act, passed on the 30th of April, 1861 for the sequestration of the estates and property of alien enemies. [Authorizes the President to issue a proclamation requiring all alien enemies to leave the country within forty days, and to confiscate their property for the use of the Government.]

Mr. Clack offered an amendment, providing that the act shall not apply in the States and districts in which the operations of the Conscript act have been or may be suspended.

Mr. Semmes said the object of the bill was to force the people to take sides. A man can now take the oath to the Confederates or to the Federal, as he may desire, to save his property in the hands of the one or the other, as the case may be. The bill required persons taking the oath of allegiance to the United States to renounce it within forty days thereafter, or be considered as alien enemies. They were thus placed on the same footing with those who sacrificed their property rather than take the oath.

Mr. Johnson opposed the measure on the ground that it would work injustice to a numerous class of citizens loyal to the Confederacy, but who had been compelled to take the oath of allegiance to the enemy, and this class was composed as well of old men and feeble persons as of the young and able; and the bill made no discrimination in favor of the former.

The debate was continued at some length by Messrs. Hill and Wigfall.

The bill was laid on the table.

A bill to punish insurrection or rebellion in the Confederate States.

After a long debate the bill, on motion of Mr. Orr, was postponed indefinitely.

The House amendment to the Senate bill authorizing the President to receive into the service certain regiments and battalions heretofore raised, was amended, and, as amended, agreed to.

The Senate then went into secret session.

House of Representatives. --House met at 11 o'clock. Prayer by Rev. Dr. Read.

The Speaker laid before the House a message from the President, transmitting a communication from the Postmaster-General; giving certain estimates for the Post Office Department.

Referred to Committee of Ways and Means.

The Speaker also laid before the House a message from the President, returning, with his objections, a bill which originated in the House, entitled an act to amend an act for the establishment and organization of the Provisional Army of the Confederate States.

The bill confers the rank of Brigadier-General upon the Chief of Ordnance and Quartermaster- General. The President's objections have reference to an error in the title of the bill, there being no such act on the statute back as that to which this purports to be an amendment.

The question being before the House, ‘"Shall this bill become a law, the President's objections to the contrary notwithstanding!"’ resulted — eyes 1, (Mr. Dargan, of Ala,) noes 61.

Mr. Miles, of S. C. asked leave in introduce a bill to amend an act entitled an act for the establishment and organization of the General Staff of the Confederate Army, by way of overcoming the Executive objections to the bill just considered.

Mr. Jones, of Tenn, objected, and called for the regular order.

The House proceeded to the consideration of the order for the morning hour, being a Senate bill to authorize the President to accept and place in the army certain regiments and battalions heretofore raised. The pending question being upon the motion of Mr. Swanp, of Tenn, to reconsider the vote by which the House agreed to the second amendment recommended by the Committee of Military Affair, the vote was taken, and resulted — ayes, 23, noes, 39. So the House refused to reconsider.

Mr. Atkins, of Tenn, moved to amend the bill by adding thereto--

‘"Be it further enacted, That all companies, regiments, and battalions, raised and organized before the first of December next, in Middle and West Tennessee, shall be accepted by the President, and shall be allowed to elect their own officers for the first election, after which the President shall be allowed to fill all vacancies, "’ under the Conscript act.

Mr. Smith, of N. C; moved to amend the amendment so as to included those counties lying next of the Wilmington Railroad beyond the lines of our army. Agreed to, and the amendment, as amended, adopted. The bill was then read a third title and please — ayes, $6; noes, 14.

Mr. Batson, of Ark, announced the presence of Mr. Boudinot, delegate from the Cherokees nation, and moved that he be allowed the privileges of a member of this floor.

Mr. Foote moved to amend the motion by inviting the delegate to a seat on the floor, and referring the question of privilege to the Committee on Indian Affairs. Agreed to.

[Mr. Boudinot is an intelligent, shrewd-looking man, youthful in appearance, with features denoting Indian lineage]

Mr. Hanly, of Ark., from the Committee on Indian Affairs, offered a resolution, which was adopted, requesting the Secretary of War to furnish the House with a copy of the treaty lately concluded between the Confederate States and the tribe of Cherokee Indians.

The House concurred in the Senate amendments to the bill making appropriations for the Executive, Legislative, and Judicial expenses of the Government for the month of December, 1862.

The bill to provide clothing and shoes for the army was taken up, and the Senate amendment (providing that clothing shall be of such kind as to quality and color as it may be practicable to obtain, any law to the contrary not withstanding,) was concurred in.

A Senate bill to pay to the State of North Carolina the excess paid by her into the Treasury, over her quota of the war tax, was taken up.

Mr. Smith, of N. C., moved to amend so as to include a certain amount of interest thereon. Not agreed to. The bill passed.

A Senate bill to refund to the State of Louisiana the excess of war tax paid by that State into the Treasury, was taken up and passed.

The special order of the day was taken up — viz: a bill reported by Mr. Russell, of Va, from the Committee on the Judiciary, to authorize the President to suspend the writ of habeas corpus in certain cases.

Mr. Baldwin, of Va., moved to strike out the enacting clause.

Mr. Russell made an argument in favor of the passage of the bill, showing the necessity of such an enactment during the pendency of the present war.

Mr. Baldwin compared the doctrine advanced by his colleague to that of the Duke of Alma, one of the bloodiest tyrants of ancient or modern times.--He was surprised to hear upon this floor an argument that citizens might be deprived of their liberty without proof for reasons of State.

Mr. Russell had assumed no such ground. His position was, that a suspension of the writ of habeas corpus was at times necessary to prevent the escape of parties plotting treason against the Government.

Mr. Baldwin said that he might have stated the gentleman's position rather strongly, but it, nevertheless, amounted to the same thing. No inquiry could arise through which a man might be deprived of his liberty, except by the judgment of his peers and the common law of the land. He protested against the doctrine that our Government was framed only for peace or the sunshine of political existence. It was framed for times of war and peace — for all emergencies — and if fairly administered, it was sufficient for all and fit for all. The idea of living under such a law oppressed him almost with a sense of suffocation, and he protested against a doctrine which destroyed the very foundation of civil liberty. He undertook to say that men were imprisoned in this city under circumstances which no British ministry of modern times would have dared to sustain or sanction.

Mr. Lyons, of Va. introduced a substitute for the bill now before the House. He remarked that, for nearly a year, as Commissioner to examine persons brought to this city under arrest — a service which he performed free of charge — he had opportunities to acquire some knowledge of this subject from cases brought before him almost every day. He had thus endeavored to frame a bill to meet the exigencies of the occasion. He believed there were many cases wherein the suspension of the writ of habeas corpus was necessary, but many others in which such a course operated oppressively. The substitute was ordered to be printed.

Mr. Foote, of Tenn, said that he concurred entirely in the views expressed by the gentleman from Virginia, (Mr. Baldwin) He was gratified at the opportunity now about to be afforded, of voting upon the question whether the people should retain their liberty or be condemned to slavery. He could not concent to the passage of the bill reported from the committee, for it would be a consent to his own enslavement. The bill gives to the President full discretion to suspend the writ, but this was a power that could not be delegated; it was exclusively a Parliamentary power. No such discretion was ever bestowed upon any royal personage within the British realm.

Mr. Gartrell, of Ga., followed Mr. Foote, and addressed the House in support of the bill. The same causes which conspired to render necessary the passage of the bill of the last session exist at the present time. He confidently believed that the passage of this bill, or something equivalent, was necessary to the success of that cause for which the prayers of every patriot in the land were daily ascending.

At the conclusion of his remarks, the Chair announced that the pending question was upon the motion of the gentleman from Virginia. (Mr. Baldwin.) to strike out the enacting clause of the bill.

Mr. Lyons said that he would prefer that the further consideration of the subject be postponed till to morrow. He desired to vote for some law authorizing the suspension of the habeas corpus in certain extreme cases, but he could not vote for the bill before the House. Hence he had introduced a bill more guarded than that of the committee. He had voted for the bill of the last session, but he believed he had gone far enough in that direction.--There was nothing in this bill to prevent General Winder from arresting every member of this Congress, if he chose to do so; there was nothing in the law of the last session to have prevented it. If the President had chosen to play the part of Cromwell, he could, under the law lately in operation, have arrested the legislative department of the Government. Whilst he was in favor of the suspension of the writ in certain cases, he was also in favor of clearly defining the extent of that suspension.

Mr. Swann, of Tenn., called the previous question upon the motion of Mr. Baldwin to strike out the enacting clause of the bill, and the call being sustained, the ayes and noes were ordered, with the following result: Ayes 19 noes 45. So the motion to strike out did not prevail.

The Chair decided that the vote sustaining the call of the previous question covered the engrossment of the bill, which cut off amendments. An appeal was taken from the decision of the Chair, but the House sustained the decision, and the bill was engrossed and ordered to a third reading.

A motion was then made to reconsider the vote by which the call of the previous question was sustained, which was agreed to; and the vote by which the bill was ordered to be engrossed being also reconsidered, the bill was open to amendment.

Mr. Bonham, of S. C., submitted an amendment not in substance changing the first section of the bill. Pending its farther consideration, the House adjourned, and the bill lies over for tomorrow.