SENATE OF SOUTH CAROLINA BEING THE SESSION OF 1862. COLUMBIA, S. C.: CHARLES P. PELHAM, STATE PRINTER. 1862. JOURNAL of the SENATE OF THE STATE OF SOUTH CAROLINA. MONDAY, NOVEMBER 24, 1862. The General Assembly of the State of South Carolina, begun and holden at the Capitol, in Columbia, in the State of South Carolina, on this day, the fourth Monday in November, the day fixed by the Constitution for the meeting of the General Assembly. The members of Jhe Senate, whose terms had not expired, and those who had been elected at the late general elections, assembled in the Senate Chamber at 12 o'clock, meridian. On motion of Hon. A. C. GARLINGTON, Senator from Newberry, the Hon. E. G. PALMER, Senator from Fairfield District, was called to the Chair. On calling the roll, the following Senators answered to their names, viz: Hon. Robert Beaty, " A. H. Boykin, " F. W. Fickling, " A. C. Garlington, " John C. Hope, " George D. Keitt, " Alex. Mazyck, " Samuel McAliley, " Robert G. McCaw, " J. C. McKewn, a E. G. Palmer, " W. D. Porter, " W. G. Roberds, " F. J. Sessions, Union. Kershaw. St. Luke's. Newberry. Lexington. Orange. St. James', San tee. Chester, York, St. James', Goose Creek. Fairfield. St. Philip's and St. Michael's Sfr. Peter's. Kingston. 4 JOURNAL OF THE SENATE, The Election Districts wherein elections had lately been held, were then called by the Clerk, when the following Senators elect from the following Districts, appeared and presented their credentials, and were sworn and took their seats, namely: Hon. J. J. Wortham, All Saints, U Benj. W. Lawton, Barnwell, u J. W. Blakeney, Chesterfield, C( Arthur Simkins, Edgefield, u W. D. Johnson, Marlboro', a Robert Maxwell, Pickens, u Benjamin H. Wilson, Prince George, Winyaw, u Edward J. Arthur, Richland, u George W. Oswald, St. Bartholomew's, u Edmund Rhett, St. Helena, iC S. W. Barker, St. John's, Berkeley, (i W. M. Murray, St. John's, Colleton, tc David Houser, St. Matthew's, u H. D. Lesesne, St. Philip's and St. Michael's. (i J. K. Furman, St. Thomas' and St. Dennis', a E. H. Miller, Williamsburg. The President of the late Senate announced that, since the adjournment of this body, he had issued writs of election to fill vacancies in the Election Districts of Abbeville and Christ Church, created by the death of the Hon. J. Foster Marshall, and Hon. Thomas M. Wagner, Senators from those dis¬ tricts, respectively, and also that he had heard of the death of Hon. Dixon Barnes, late Senator from Lancaster, but that the authoritative announce¬ ment had not reached him until after the general election, and he had not therefore issued the writ to fill the vacancy. The Senate ordered the writ to be issued by the President. Hon. THOMAS THOMPSON, Senator elect from Abbeville, then ap¬ peared at the Clerk's desk and presented his credentials, the oath was ad¬ ministered, and he took his seat. The Senate then proceeded to ballot for President, and on inspecting the ballots, it appeared that the Hon. WM. D. PORTER, one of the Senators from the election district of St: Philip's and St. Michaels, and President of the late Senate, had been unanimously chosen. On motion of Mr. G ARLINGTON, a committee was appointed to wait on the President and inform him of his election, and conduct him to the Chair. Messrs. Garlington and Arthur were appointed the committee, and having performed the duty, the President elect, on taking the Chair, ad¬ dressed the Senate as follows : MONDAY, NOVEMBER 24, 1862. 5 Senators : For this renewed expression of your confidence, be pleased to accept my 'thanks. I receive it as a token of your good will, which I reciprocate to you all, collectively and personally. It will he my duty and my pleasure, as it has been heretofore, to Serve you diligently and faithfully in the high office to which you have again appointed me. Since the last meeting of this body, sad changes have taken place. Three of those who then sat with us on this floor, will meet us no more upon earth. Wagner, and Marshall, and Barnes, are among the victims of this cruel war. They stood upon the outposts of duty, and were stricken down among the foremost. They sealed their devotion with their blood, and fell as brave men love most to fall, in defence of their altars and their homes. At all times, and among all nations, it has been deemed most honorable to die for one's country. No form of death is more to be coveted. It is their glory to have so died that they will be remembered with gratitude and blessing. When that for which we are battling has been fully secured,—when the country they helped to make illustrious by their self-sacrificing valor shall have come victoriously out of the fiery ordeal through which it is passing,— that country, regenerate, free and world-renowed, will cherish their memories, and strew their graves with evergreens of victory, and write their names upon the long and honored roll of her heroes and martyrs. For us who survive, there are great duties to perform. The contest in which we are engaged is not only one which involves independence, liberty, our very existence, political and social, but it is conducted upon a grandeur of scale almost without a parallel in history. If we regard the size of the armies engaged, the number and deadliness of the battles fought, the variety of the points assailed and defended, and the immensity of the material re¬ sources brought into play on both sides, it may be safely said that no war of ancient or modern times has equalled this, much less surpassed it. Hitherto we have done well. We have compelled the respect of the world. We have disarmed foreign nations of their hostility, and converted their repug¬ nance into sympathy and admiration. The courage and constancy of our soldiers, and the wonderful unanimity and unconquerable determination of our people, have won us tributes of which the most powerful nations might be proud. But the end is not yet. There is much more to be suffered, much more to be accomplished; there are more privations to be endured, more sacrifices to be made, more reverses to be sustained, and more victo¬ ries to be won, before our title to independence shall be made good and acknowledged before the world. But that it will be so made good and acknowledged, he is worse than a traitor who seriously doubts. For ourselves, we must take it for granted that this war, so pitilessly waged, is about to be brought nearer to our doors. South Carolina will, in all human probability, be the theatre of a great winter campaign. The" dissolution of 6 JOURNAL OF THE SENATE, the Convention, which has been fixed for a day not far distant, will devolve upon this General Assembly the whole legislative power off the State. It is practically so Sevolved already. How great are our responsibilities, to our¬ selves and to posterity ! We should discard all considerations of person and party, and devote our whole energies to the safety and welfare of the ptate. We are, happily, not a divided people. All of our possible resources can be made available for our defence. It is our duty to call these into action, to marshal them and to direct them in the most effective manner. If we. succeed, a glorious career awaits us as a people; if we fail, our towns and cities will be destroyed, our fields ravaged, our labor and property con¬ fiscated, ourselves and our children reduced to a most hateful bondage. The alternative is between freedom and slavery, between fame and infamy. The people of our State have made their choice, and are in arms to vindicate it. The soil of South Carolina may be overrun, and her territory despoiled and laid waste; this has been done before, and may be done again ; but the spirit of her people never has been and cannot now be conquered. " It is vital, and cannot but by annihilating, die." To sustain and uphold this spirit is our duty as legislators; and may the great Ruler of Nations fill our hearts with patriotism, and inspire our counsels with wisdom, and crown all our undertakings with complete success. The Senate then proceeded with and completed its organization, by the election of the following officers: Wm. E. Martin, Clerk. J. C. Kennedy, Reading Clerk. A. D. Gaillard, Messenger. J. I). Gaillard, Door-Keeper. On motion of Mr. GARLINGTON, a Committee was appointed to wait on his Excellency the Governor, and to inform him that the Senate had met, a quorum being present, and was ready to receive any communication, he might be pleased to make to them Messrs. Garlington, Blakeney, and Simpkins, were appointed the Com¬ mittee. On motion of Mr. McCAW, the Clerk was directed orally to inform tne House of Representatives that the Senate had met and had been organized by the election of its officers, as above recorded, and is now ready to pro¬ ceed with the business of the General Assembly. On motion of Mr. WILSON, the Rules of the last Senate were adopted for the government of this body. Mr. LESESNE offered the following resolution : MONDAY, NOVEMBER 24, 1862. 7 Resolved, That a Committee of three be appoihted to make arrangements for opening the daily Sessions with prayer by a minister of religion. The resolution was considered and agreed to, and Messrs. Lesesne, Roberds, and Houser, were appointed the Committee. Mr. WILSON presented the petition of sundry citizens of All Saints', protesting against the return of the managers declaring J. J. Wortham elected to the Senate from All Saints' Parish, and praying that the office of Senator from All Saints' be declared vacant; which was ordered to lie on the table. Mr. THOMSON rose and said : Mr. President : To say that in the midst of life we are in death, is only to repeat, in substance, the early decree, u Dust thou art, and unto dust, thou shalt return." In ordinary times, this expression meets with instant concurrence and ready forgetfulness. The cold assent reaches the under¬ standing, but comes not near the heart. It is different now. The shafts of death, through the agency of a cruel and unprincipled enemy, have reached directly or mediately all the hognes in this land; and on every side the sad cries of " Thou art my own, my beautiful, my own," and " Let me kiss him for his mother," utter at the same time the language of poetry and truth. This honorable body, from the same cause, has not been spared, since its last meeting, a portion of this general loss and suffering. Familiar faces are here no longer seen, nor familiar voices heard. I am aware, sir, that I can do no more than announce formally, what is known to every member of this body, the death of the late Senator from Abbeville, J. Foster Marshall. His remains rest under the shadow of the walls of Trinity Church, Abbeville. It is not my purpose, Mr. President, to present any elaborate statement of the late Senator's actions and life. It may not be improper, however, upon this occasion, to advert to some traits of character by which he was best known to his associates and fellow-men, and a few of the more remark¬ able events in which he was engaged. He was a man of wide benevolence of heart. He did not treat mankind as a foe, but regarded humanity as no alien to him. He had the disposal of liberal means, and in their use, was not inclined to scrutinize, with a view to rejection, any claim upon his sympathy or help. Any assumption of severity by him would soon disappear, and in its stead, the feeling taught by the poetic prayer, " Teach me to feel another's woe," would be mani¬ fested in his language and conduct. Thus, easily, is understood how the late Senator, with a high sense of his position as a member of this body, was ever the first, or amongst the first, to advocate all enterprises and efforts for the public benefit or private relief. 8 JOURNAL OF THE SENATE, Was a railroad to be built ? His voice was beard in its behalf, and bis means freely used to accomplish the object. Was the agriculture of the State to be improved ? No one more readily urged its importance, and ad¬ vocated its progress by State and individual effort. Were the narrower in¬ terests of his own District or of his town to be served ? Equally, there were his means and influence felt. Was a sufferer to be relieved, or the poor aided ? You could, with certainty, designate where in such cases he would be found. Whilst he did not view with indifference *nor neglect the means by which popular regard is won and kept, I am satisfied that much of his enduring and continued personal popularity rested upon this trait of his character, which I have attempted to describe. Maturity of manhood brought with it maturity of reflection. His judg¬ ment and heart fully recognized the obligation to regard his future destiny as paramount to all other things. A boundless field was thus opened unto him, into which I will merely say he entered with all the activity of his nature. Soon after his return from Mexico, in the war with which he command¬ ed a company of the Palmetto Regiipent, he was elected a member of the Senate. Then a young man, and no more than eligible, by reason of his youth, he undertook a course of study, with the intent to prepare himself for the full performance of his new duties. He became familiar with the politics of the late United States, and of his own State; specially directing his attention to questions of finance, and' the military law. A large part of some years of his life was spent in this pursuit. In a word, sir, he was proud of his position as Senator, and labored assiduously, that his constitu¬ ents might be gratified with him. At all periods of his life he maintained those doctrines once regarded as confined or peculiar, in great part, to South Carolina. Without intolerance to others who may have differed from him in opinion, he firmly upheld that policy which contemplated, at as early a day as possible, a total separation from the Northern States. This he sustained, whether accomplished by the action of a single State, or in conjunction with the action of other States. He believed this course the line of duty and of safety. Nor did he, when the issue was made up, and the trial by battle decided upon, shrink from vindicating with his sword what he had advocated with hi-s words and pen. In the changes of the war he became the Colonel of one of the finest Regiments in the Confederate service from this State—the First Regt. S. C. Rifles, ordinarily known as Orr's Reg't. With it he was ordered to Virginia. In common with thousands of others, he shared the hardships and perils of the campaign. Leading his riflemen into the baptism of fire and blood of a battle on the Chickahominy, with a patriot's fire glowing in MONDAY, NOVEMBER 24, 1862. 9 his heart, he addressed to his soldiers, at the moment of the charge, these memorable words, "Remember the State you are from. Put your trust iu (4od. Acquit yourselves like men, and follow me." Well was this ap¬ peal answered by that regiment of heroes. In the harvest of death that ensued, one-half fell killed and wounded, their noble leader himself passing through the battle unhurt. But on the blood-stained and glorious field of Manassas, so fatal to many of South Carolina's leading sons, he gave his life an offering to his country's cause. He died as a brave man would wish to die, at the head of the reghnent he had led so long and loved so well, their steady and onward tramp around him, and their earthquake shouts of victory ringing in his ears. lie fell a soldier of his country; he rose, I trust, a soldier of the Cross. Mr. THOMPSON then offered the following preamble and resolutions; which were considered and were unanimously agreed to: "Whereas The State, in the death of the Honorable J. Foster Marshall, mourns the loss of a brave and gallant soldier, who fell upon a distant battle-field, upholding her untarnished name and honor, and the Senate of this State an able and diligent member: Therefore, Resolved, That the State, in the death of the Honorable J. Foster Mar¬ shall, has lost a devoted son, and the Senate a member of great experience and eminent services. Resolved, That as a mark of regard and respect for the memory of the deceased, the members of the Senate will wear the usual badge of mourn¬ ing during the Session. Resolved, That the Clerk send a copy of this preamble and resolutions to the family of the deceased. On motion of Mr. THOMPSON, as a further mark of respect to the deceased Senator, the Senate adjourned, at half-past one, P. M. 2 10 JOURNAL OF THE SENATE, TUESDAY, NOVEMBER 25, 1862. The Senate met at 12, M. Prayer by the Rev. Win. Martin. ADDITIONAL SENATORS. The following named Senators elect, from the following Districts, ap¬ peared at the Clerk's desk, their credentials were presented, the oath was administered, and they took their seats, viz : Hon. C. R. Boyle, Hon. T. Edwin Ware, and Hon. R. L. Hart, appeared in their places in the Senate chamber. Mr. G-ARLINGTON, from the Committee to wait on the Governor, re¬ ported that the Committee had performed the duty assigned to them, and his Excellency had informed the Committee that he would be prepared to communicate with the Senate this at day half-past 12 o'clock, P. M. At that time the Message was read to the Senate by Mr. Melton, and, on mo- lion of Mr. GARLINGTON, it was made the special order of the day for 1, P. M., to-morrow, and the usual number of copies was oidered to he printed. Gentlemen of the Senate and House of Representatives: Since the last Legislature met, the country has gone through scenes such as are but seldom witnessed in the destiny of a people. Amid the fierce and bloody conflicts through which we have passed, South Carolina has lost many of her bravest and most talented sons, and whilst we deeply feel and grieve for their loss, we yet are consoled by the proud reflection that the urns which hold th^ir ashes will stand around our household altars as pre¬ cious mementoes, to be loved and cherished through all time. I trust that you will immediately take steps to provide for the families of our heroic dead in such a manner that none shall feel the sufferings of want. It is our solemn duty to discharge this, our first debt of gratitude. An agent has been appointed to make a roll from the most authentic sources, and this Hon. J. L. Manning, Clarendon. Sumter, Prince William's. Spartanburg. u F. J. Moses, « D. II. Ellis, " J. W. Miller, MESSAGE JNT0. 1. TUESDAY, NOVEMBER 25, 1802. 11 will aid your deliberations in ascertaining where there may be any want' amongst the families of such as have fallen in our defence. The country is in a far stronger condition for defence than it was a year ago. All the arms and munitions of war are more abundant, and we are now making for ourselves $uch necessary supplies as last year we were en¬ tirely without. Pressure and difficulty have forced up productions not thought of before. These stern lessons are necessary to make us, in reality, an independent people. If our nationality had been admitted without a struggle, such compromises, refuting to trade and commerce, might have been entered into as would, in the progress of time, have brought us practi¬ cally back into co'onial servitude. Whereas our independence, achieved by suffering and blood, will be prized more dearly and become more perma¬ nent. This is made absolutely necessary by the difference of races, and the radical differences in the internal civilization of the two great sections. The old Government had fulfilled its destiny. It was formed to prevent re-conquest by any European Government. We had outgrown that state of things. By the repeated elections of the chief magistrate, the people had been brought together to act as one people, instead of preserving the Confederate principle of separate States. All great Republics usually split upon the choice of a chief magistrate. In our system, that provision of the Constitution forming an independent electoral college was, in the pro¬ gress of eveuts, entirely subverted in its spirit, and the election of Presi¬ dent became the mere action of the people as a whole, thus converting the Government into a-simple Democracy of numbers, instead of a Confederacy of States. The fundamental organization of the Government was a Con¬ federacy of States, and this election of the chief magistrate became prac¬ tically at war with this great principle. The inevitable consequence was, that the Government must necessarily become a consolidated Democracy, where the separate power of the States would be absorbed, or there must be a revolution, in order to sustain the great federative features of the compact of union. Although the term of office is lengthened, and there ean be no re-election by our new Confederate Constitution, yet, in the course of time, it will become liable to the objection that the mode of elec¬ tion or appointment of the President is, in its practical operation, in con¬ flict with the leading principles of a Confederacy of States. The Govern¬ ment must be simple and harmonious in all its main parts. If it be a Confederacy,' the appointment or election of President should be by the States alone : if it be a Democracy, then it should be by the people as one people. It is almost certain that a mixture of the two great principles, if not modified, must inevitably lead, in the process of time, to conflict and separation. The great weakness in all Republics is a want of fixed forms and estab- 12 JOUKNAL OF THE SENATE, lished orders in society, by which the conservative interests and wealth of the community may become permanently identified with tbe Government and its administration. No Government can last unless it commands the regard and support of the virtuous and intelligent portion of society. Any Government whose practical operation drives all this class from any interest in its honors and its action, must necessarily fall into corruption, degrada¬ tion, and speedy dissolution. In th se Southern States, our slaves, which occupy the lower strata of society, give us the ranks and classes out of which a conservative government can be formed. And if the action of the separate States can be felt and acknowledged in the habitual adminis¬ tration of Government, then we shall be able to secure through them a substitute for the great landed interest and hereditary classes in other forms of government, so essential to the stability and conservative firmness of any form of government calculated to command the permanent support of the virtuous and intelligent. The Northern States are doomed to great conflict and confusion amongst themselves, from the want of a conservative basis of society in any acknowl¬ edged ranks or orders in the organization of their political and social sys¬ tem, and they must, in all probability, run from absolute Democracy into anarchy or civil war, and thence into a military despotism. Under a mili¬ tary despotism they will become dangerous to us; and when we emerge from this terrible war, there will be many pretexts to induce us to adopt a more military and absolute form of government also. It will require all the wisdom and firmness of an enlightened public opinion to shape our Govern¬ ment so as to avoid the calamities of a consolidated military form of gov¬ ernment. The existence of an army, the largest, in proportion to our white population, that has ever been created by any people, will add greatly to this danger. ^ We were the first State to withdraw from the old Union, under circum¬ stances of great peril, and the other States nobly came to our side, and they have suffered the greatest ravages of a bitter and malignant war. It is, therefore, the part of magnanimity and patriotism for us to make as few issues or complaints as possible against the action of the Confederate Gov¬ ernment. Our present duty is to give it a cordial and warm support, with all our resources, for defence against the fanatical and infamous enemies of our common country. Withhold nothing, and make no compiaint calculated to weaken the hands of the Confederate authorities in any particular. This is the reason I do not think proper to urge any objection to the Confederate Acts ol Conscription, although I deem all such Acts against the spirit of the Constitution. It was intended by that instrument that the Confederate Government should usually call upon the State authorities to furnish their quotas for all military service, except when Congress might deem it ncces- TUESDAY, NOVEMBER 25. 13 sary to create a standing or regular army. It might, perhaps, be more ex* pedient, also, to allow each State to organize its quota, according to some plan adapted to its own local interests, particularly if the mode and manner of executing conscript laws should lower that grade of service in the public estimation. There is a great State necessity, at present, for such laws; but the general spirit of the Constitution intended that in the raising of al] military forces, excepting an enlisted regular army, the Government should act through State authority, rather than directly upon the people as a con¬ solidated whole. It savors strongly of absolute power to absorb all the material, in men, of the States without consulting the local authorities, and to call it out without the agency of the States. Nothing can justify such action but the nature of the implacable war in which we are engaged, in¬ volving, as it does, not only subjugation, but our total extermination as a people. Congress has passed two Conscription Acts, and our whole force, rrom eighteen to forty-five, is subject to Confederate service at any day. It may be said that the State has now no military system, and I urge your immediate attention to this all-important-subject. Some action is absolutely necessary as soon as possible. I would recommend that the remaining force that we have, which consists in men from forty-five to sixty, and youths from sixteen to eighteen, be organized under some sytem of military police. Let them be formed into companies in each District, and let there be a regular District guard formed, of some sixty-four men, with the necessary company officers, and stationed at the Court-Houses of each District, to perform State guard duty, each company alternating every four weeks, or for such period of time as the Governor may designate, and in such Districts that he may select as necessary, under whose command, for the time being, the whole oolice duty of the District shall be performed. To make this efficient, let State arms and fixed ammunition be deposited in the District prisons, for the use of these companies, and the lower story of these buildings be made tAeir barracks. To make this police guard more efficient, a few horses for couriers should be kept. A system somewhat similar to this has been proposed by the Council, but I recommend it to your revision, so that representatives from the different Districts may suggest any additions or amendments. The President of the United States has recently issued an infamous proclamation, with a view to incite insurrection, and although I consider it instigated by base principles of atrocious warfare, contrary to all the usages of a civilized people, yet, with firmness and organization, it will produce none of the objects intended by its vulgar author. If I had the military power, or our State forces actually in service, I would, of course, issue a proclamation, directing all enemies taken acting under that proclamation to be tried and executed as felons, or even more expeditiously. .But the forces 14 JOURNAL OF THE SENATE, in the field are nearly all under Confederate command, and from necessity the whole matter is left with Confederate authority. But to protect our¬ selves, from any efforts, instigated by the deluded or the ignorant, I would urge the immediate organization of a large &tate Police Guard, under the direct command of the Governor, to be ordered out at such times and in such Districts as he may think proper, and to be kept at least for some months in actual dailj- duty, to give a feeling of safety to the helpless portions of our communities. We have arms and ammunition to put into the hands of such a State Guard, and let it be done thoroughly before the first of January. In connection with this, let a cadet, from the graduates of our Military Academy, or.one of the senior class, be appointed and assigned for duty as drill-master—one for each of these State companies, at each Court- House in the State. If any emergency arises, let the captains of the local patrols be ordered to report occurrences to the captains of those central District guards. In those Districts where Provost Man-dial courts exist, these guards might be used by the courts to great advantage. Some more efficient system should be adopted for the protection and sup¬ port of the families of our soldiers in service. The taxation for that pur¬ pose should not be on the District alone for the support of the families of soldiers from such District. As the law now is, the soldiers' relief com¬ mittees, appointed by the last Legislature, are limited to forty per cent, upon the general taxes of such District. The Districts in the upper por¬ tion of the State furnish far the largest portion of soldiers, because of the preponderance of white population, and these are the very Districts that raise the least general taxes, so that the forty per cent, upon these taxes furnish but a poor supply to their soldiers' families, whereas the fund is more than ampie in those Districts where the white population is sparse, and the slaves dense. The soldiers from the former Districts do not go into service to defend, their mountain homes only, but they go to defend the State, as a State, and are required precisely where, from the nature of the population, the local defence is weakest and the country is most exposed. I urge that the system of property valuation in this State,'adopted in eighteen hundred and eight, be changed to a more equal and just system, and that taxes to support the families of our brave soldiers in the field be at least forty per cent, upon the general State taxation, and be distributed from a common fund, thus raised'from the whole State. It is du^ to justice and fairness that this should be done. I would further recommend that each planter be required by law to contribute bushels of corn for each hand liable to road duty, and that the District committees for the relief of soldiers' families be authorized to call for the same, or any part thereof, to be distributed as they may direct. Efficient measures should be, taken to secure all that may be necessary for the support of this class of our TUESDAY, NOVEMBER 25, 1862. 15 people. While our poor and patriotic men are exposed in defence of our homes, we owe it to justice and to every generous and manly feeling to place their helpless families beyond-any suffering. The committees for their relief in each District should be selected with great care, and one, at least, should be located in each battalion of the State, and two responsible men at the Court-House of each District. They should be required to hold their meet¬ ings once a month, through the winter months; and if they know certainly of undue speculation by any individuals in any of the breadstuffs, they might be authorized, upon affidavits made to the facts before any magistrate, to seize all such breadstuffs for the benefit of soldiers' families; and the same power might be given them to seize any grain to be used by any dis¬ tillery not authorized by law. These commissions should be required to make their full reports regularly to the Judge, at every meeting of the Court of Common Pleas in the Districts, and the reports'should be published as soon as made. I recommend that the Act passed the twenty-first day of December last, entitled u An Act to extend relief to debtors, and to prevent the sacrifice of property at public sales," be repealed, except so far as it extends to all persons in actual military service. There is no reason why those at home, and not in military service, should not pay their debts; on the contrary, ' there is great reason why they should. The profits of the Bank of the State, the President informs me, have been, for the past year, three hundred thousand dollars. From this is to be deducted, for interest paid to holders of stocks issued to holders of Blue Ridge Railroad Stocks, forty-seven thousand seven hundred,and ninety dol¬ lars ; also, amount paid to holders of State Bonds,issued in eighteen hundred and sixty-one, to the amount of four hundred thousand dollars—one-fourth due—one hundred thousand dollars, of which the amount presented—seven¬ ty-seven thousand five hundred dollars—was paid. The balance was passed to the Sinking Fund—one hundred and ninety-one thousand six hundred and fourteen dollars and seventy-one cents—after deducting the other usual items. The Confederate War Tax, advanced by the Bank, is sixteen hun¬ dred and forty-seven thousand five hundred and ninety-seven dollars and forty- three cents, ($1,647,597 43.) There is now in 'the Treasury twelve hundred ' and thirty-one thousand five hundred and seventy dollars and thirty cents, ready to be paid over to the Bank for this advancement, and all the returns are not yet made. I transmit with this a letter from the President of the Bank. The amount of capital the State has vested in this Bank, from all sources, may be put down at about four million of dollars. We are, as far as. I am informed, the only State that has such an institution, and we are deeply interested in preserving it, if possible, from bankruptcy or injury. From the extraordinary emergencies of this revolution, the Confederate G-overn- 1G JQUUNTAL OF THE SENATE, merit has been obliged to issue a very large amount of credit circulation in the shape of Treasury Notes, and by the sale of bonds drawing eight per cent., the Government has absorbed much of the capital of the country in this investment. They have also been authorized to have subscribed, for the use of the Government, a large amount of the produce of the country, upon certain conditions. All these items embrace, in amouut, several hun¬ dred millions. The banks have agreed to take Treasury Notes in adjust¬ ment of all balances between themselves. To this extent, they are thus made equivalent to gold and silver, and of course it gives them almost ex¬ clusive circulation. If the war were to close, the Government, for some time, would be the largest exporter of the produce of the country, and by these exports, which are so universally demanded in the "commerce and trade of the world, they would command gold and silver, or foreign ex¬ change, to the amount thus shipped, which would be used as a basis for sustaining their credit circulation. This would bring them into direct com¬ petition with all the local banks, and we should, by strengthening its resources, prepare our State Bank for this issue. From the necessity of the case, the Confederate Government will be compelled to have an Exchequer Bank, in some shape or form, and Commissioners, or Government Directors, must be appointed to administer it, for there will be growing up a power too vast to be trusted in the hands of any Secretary of the Treasury. It will be a power deeply affecting not only all the local banks, but the com¬ merce of the country and. the distribution of' wealth. As the bills of our State Bank are in demand, and our people are used to them, I would recom¬ mend that the State set aside an amount, in them, which may be deemed' necessary, and stamp them, by authority, as bills for which the State itself is responsible, and use them instead of borrowing any more from the banks of the Stale. Let the President and Directors of our Bank be authorized to use this paper, so stamped, in exchange for the Treasury Notes that now circulate, on such conditions as they think best for the State, and these Treasury Notes could be used in all disbursements of the State. The notei of the Bank of the State, thus set aside and stamped, would be able to maintain their circulation, if not excessive, under any circumstances that might arise after peace, anS. might be finally used by the State to strengthen the Bank in the conflicts that must arise. There is no reason for our con¬ tinuing to issue State Bonds, to be taken up by the banks, and our giving them seveu per cent, for their paper in exchange. It is, in substance, giv¬ ing them the credit of the State in exchange for their credit, and seven per cent, difference besides, when, in fact, the credit of the State is better, or ought to be, than that of any of the banks with which it is exchanged. I therefore urge you to take up this subject, and use our own State credit in some such way as I have suggested. True, the Constitution says that no TUESDAY,. NOVEMBER 25, 1882. 17 State shall "emit bills of credit," but a " bill of credit" has a distinct com¬ mercial meaning and form. The form in which I propose to use our State credit, on the bills of our own Bank already in circulation, is not strictly making "bills of credit." Certain funds are set aside by the State, and a corporation is created, under the style and title of a bank, in order to bank hpon these public funds thus set aside, and this fund is alone responsible for the bills issued upon it, and not strictly the State. We have the Bank,' and there is little business doing on private account now, and, in this great emergency, we can use the bills of our own Bank for the benefit of the State. 1 The Legislature wisely legalized the suspension of all our banks. It would be proper that you should inquire into the conduct of these institu¬ tions, and if a course has been pursued by any of them deemed not patriotic or,proper, then the benefits of the Act should.be suspended, as far as any such banks are concerned. From what I have heard, I believe that all of our banks have acted with a patriotic and loyal determination to sustain the Government fully, but I do not profess to be entirely informed on this point. I have heretofore recommended that a more just and equal valuation of property be made in the State for taxation, and that the two treasuries be united in one. I would most respectfully again urge the -same recommend¬ ations. The last would require an alteration of the Constitution. The present Legislature should, at least, enlarge the objects of taxation, and tax the evidences of luxury and accumulated eapital more, while, at the same time, the taxation on productive or active labor should be reduced. You will be able to see, from the Comptroller's Report, how the collection of the Confederate War Tax operated, and I recommend it to your attention. The State taxes collected for the fiscal year have amounted to seven hundred and ninety-three thousand three hundred and fifty-three dollars and ninety- seven cents," ($793,853 97;) and the common civil expenditures have amount¬ ed to eight hundred and thirteen thousand five hundred and thirty-five dollars and seveyty-three cents, ($813,535 73.) The extraordinary expenditures, under the Ordinance of the Convention for the " removal of negroes and other property," and so forth, have been sixty-seven thousand four hundred and. seventy-six dollars, ($67,476;) and for the relief of the sufferers by fire in Charleston, thirty thousand, ($30,000.) The collection of the State War Tax, up to the thirty-first of July last, amounts to one million two hundred and thirty-one thousand five hundred and seventy dollars and thirty cents; ($1,231,570 -30 ) The balance of this War Tax, under the second collection directed by-law, ending the fifteenth day of November, has not yet been returned; and in several of the Parishes the collectors have been directed to 2 18 JOURNAL OF THE SENATE, suspend the collection of the same in those portions of the Parishes in pos¬ session by the enemy. Copies of these orders are herewith transmitted. The total amount expended by the State, both civil and military, up to the thirtieth of September last, is two million five hundred and fifty-two thousand one hundred and ninety-five dollars and forty cents. Congress has passed an Act exempting certain districts that might be in possession by the enemy, or in such a disturbed condition as to prevent col¬ lection, from the collection of the War Tax. I have notified the Secretary of the Treasury as to what Parishes or parts of Parishes I think come under the provisions of this Act. A copy of the correspondence on this subject is herewith transmitted. There is yet a small balance to come in, and the exact amount allowed us, for the Parishes we have claimed to be- exempt, has not yet been entirely settled. The last Legislature, in every thing relating to the military expenditures, made but one item of appropriation, which was for " military contingencies," and amounted to eighteen hundred thousand dollars, ($1,800,000,) but three hundred thousand of it was estimated as already due the Bank for advances. This would leave fifteen hundred thousand dollars, ($1,500,000,).strictly for military contingencies. This sum was directed to be raised by the Bank of the State, selling bonds of the State drawing seven per cent, interest. The different banks of the State then took these bonds in proportion to'their respective capitals, the proceeds of which were deposited in the Bank of the State. The amount of the bonds thus negotiated for, is one million two hundred and eighteen thousand three hundred and seventy-seven dollars and seventy-two cents, ($1,218,377 72.) Qn the ninth of January last, the Executive Council held its first informal meeting, and on the sixteenth it was efficiently organized. Two Chiefs of the Treasury were at first appointed, and had charge of all the disbursements and accounts. I refer to the Report of the present Chief of the Treasury for a statement of its administration, and of all -details con¬ nected with his department. It will be seen that, of the sum above named, there has been expended one million one hundred and sixty thousand four hundred and thirty-nine dollars and forty-seven cents. A clear abstract of the same, made by James Tupper, Esq., is herewith transmitted and referred to. Of the amount above named, there was three hundred thousand dollars appropriated by the Council for a State gun-boat, which has been accepted by the Confederate authorities, and that Government is now .bound for it by agreement. I refer to the very clear Report of General DeSaussure, Secretary of the Treasury, for the amount of all funds used from June, eighteen hundred and sixty-one, up to the ninth of January last. There is with this an im- TUESDAY, NOVEMBER 25, 1862. 10 portant book, giving the aggregate amounts under different bends and de¬ partments. The items are all set forth fully, and the report accompanies this. Congress passed an Act appropriating two million one hundred and eighty-nine thousand nine hundred and .ninety-five dollars and seventeen cents, dated March the eleventh, eighteen hundred and sixty-one, expressly to pay us for expenditures for and on account of all troops in and around Charleston, from the eighth of February, eighteen hundred and sixty-one, and we have received payment, through General DeSaussurc, on account and vouchers presented, of two hundred and ninety-four thousand four hundred and seventy-five dollars and ninety-three cents. This, added to the amount received through Judge Frost, makes six hundred and fifty-four thousand seven hundred and forty-four dollars and thirty-four cents. Add to this the thirty-two thousand dollars (832,000) paid for the Lady Davis, and the eighteen hundred dollars received from Major Lee, Confederate Quartermaster, for horses purchased from this State, and it makes an aggre¬ gate of six hundred and. eighty-nine thousand and four-four dollars. There is still a large balance due us under that Act—about 81,314,162 99. The amount the State expended from the twentieth of December up to the ninth of February, the period we were alone, is a subject of just claim against the Confederate Government. We turned over the forts and public arms and stores which we acquired during this period,'and, of course, we should be refunded the expenses incurred, particularly as the Confederate Government gained a full equivalent. I recommend that an Agent be appointed, whose duty it will be to attend to all these claims, and have them acknowledged, as soon as the Government may be in a condition to adjust them. I sent on General DeSaussure to settle our accounts under the Act of Congress above referred to, and he, by his energy, had made great progress, but the difficulties of the Government and the great pressure in the country, made it proper to suspend any very urgent demands under the then existing circum¬ stances. Judge Frost, the former head of the Treasury, also showed much assiduity at Montgomery in adjusting many of our claims, and he did obtain three hundred and sixty thousand two hundred and forty eight dollars and forty-one cents. His report comes up to the eleventh of May, eighteen hundred and sixty-one. It will be. seen by the report from General DeSaus¬ sure, herewith transmitted, that not a cent from public funds was lost in any quarter, and that all accounts, from the heads of'every department, were fully and correctly rendered up to the ninth of January, eighteen hundred and sixty-two. The 8250,000 advanced for claims, stands on a different footvng. I recommend that just compensation be made to General DeSaus¬ sure. I refer to the Adjutant General's Report, which is herewith transmitted. 20 JOURNAL OF THE SENATE, It will be seen that we had actually mustered into Confederate service, up1 to the ninth of January last,The period when the Council was inaugurated and remodelled the Executive, thirty-two thousand one hundred and forty- six men, all armed by the State. All estimates made after that time are necessarily conjectural, as, under the Conscription Act passed by the Council, and the Conscription Act of the Confederate Government, many men went into service as individuals, and joined such companies and regiments as were already iq service, and no authentic reports have been officially made from the officers commanding such companies or regiments as to the number thus icceived. This increase in our forces resulted front no particular oiganiza- tion, but from the choice of the men, who preferred to join such regiments rather than wait for particular commands. It has been merely conjectured that the number heretofore mustered in from this State was about forty-two thousand. Recently, eight regiments of State Reserves, which may be estimated at six hundred each, have been received, by special arrangement with the Secretary of War, for ninety days' service in the State. I transmit herewith the Quartermaster General's Report, which gives a full statement in detail of supplies on hand up to the ninth of January, from which it will appear that in large amounts the material for our sol¬ diers—blankets, shoes, wollen clothes, and all the essentials—the purchases of the same were ordered by myself, and made previous to the formation of the Council, and that since that period but little has been added to the stores then on hand. The funds which have been collected in this depart¬ ment from the Confederate Government have been principally acquired by our being refunded for the cost of this material, in advancing it to pur soldiers. Recently large supplies of clothing and blankets have been setit from the Quartermaster's department to our soldiers in Virginia, and of course you will immediately appropriate a sufficient sum to provide all necessary clothing for our men who may be suffering in Virginia or elsewhere. I also refer to the Commissary General's Report, to show that, up to the same period, the supplies of bacon, flour, salt beef and salt were almost entirely purchased and procured previous to the same period, and the de¬ partment has been reimbursed in the same way. - I would suggest that you take the first steps necessary to amend our Constitution so that the Governor shall be subject to re-election. There is no reason why so important an office should be filled every two years by a new man; if the duties have been performed faithfully. Just as soon as he becomes ■thoroughly acquainted with the duties of his office, and informed as to the wants of the Stare, he has to leave his office, and another is selected to go the same round. Resides, if the office is important, the Governor should bo field responsible by being subject to re-election, and by being brought TUESDAY, NOVEMBER 25, 1862. 21 directly under the censure or approbation of those who have the power to continue or dismiss him. There is still a higher consideration why the Governor should be subject to re-election, or his term of office be length¬ ened, and that is because it is all-important to add to the power and influence of the State amongst a Confederacy of States. Make the chief magistracy an office of high responsibility and dignity, and thus, too, you make it an object worthy the highest ambition, to be sought by men of talent and character as their ultimate aim. This will tend to prevent that class from too eagerly seeking honor and distinction alone in the offices of the Confed¬ erate Government. The reason why the framers of our wise Constitution limited the office of Governor to two years, and gave such small powers to the incumbaut, arose from the extreme sensitiveness that was engendered in our early colonial struggles with the mother country. The colony was, more or less, all the time in conflict with the Governors of the Crown, sent out to govern the province, and our ancestors began to think that the great danger to liberty came only from the Executive branch of the Government. They, therefore, carried out this jealousy towards a Governor's power by giving but little power, in times of peace, to the Executive office. This was eminently wise, when the appointing power was in the Crown, and that Crown interest antagonistic to the people or the interests of the State. Under our system) the people occupy the same position, as far as govern¬ ment is concerned, that the Crown interest does under more arbitrary forms of government. The power of the Governor is no more than the power of the people, as he is their agent, and responsible to them. As we are to commence a new career, under a new Confederacy of equal States, I think there could be no more fit occasion to reorganize the Executive branch of our State Government, which might be made to add greatly to the dignity and real power of the State. I would recommend, in connection with this subject, that the appointment of ordinary, sheriff, and tax collector for the Districts be made by the Governor, with the advice and consent of the Senate. These are not properly mere District officers, but officers for the State, engaged in the administration of general State laws, and the appoint¬ ment thus made would generally secure the most energetic and impartial administration of those laws. It is the election of salaried officers that tends to corrupt the people, and to lower the tone of public opinion, and involves them in a constant round of low electioneering and combinations for the' possession of monied offices, all unfavorable to elevated feeling. The true principle of a Republican Government is to make all legislative offices subject to election by the people, so that the law-making power may ema¬ nate directly from them, and to confine this representation, thus elected, to small localities or divisions, and let all those who administer the general laws of the State be appointed by State authority. By confining the elec- 22 JOURNAL OF THE SENATE, tions of the people principally to those who make the laws, you elevate the elective franchise, and make its exercise a high and sacred duty, deeply valued • but enlarge it to offices of profit, and exactly the reverse is pro¬ duced. We have esteemed this high and noble privilege of the people too lightly. The experience of popular elections, and of extending the extreme principle of democracy to all offices of all kinds, has been full of bitter fruits. We see it in the universal profligacy and vulgar brutality that is exhibited in all the Northern States, corrupting the very fountains that spring up around the temple of liberty, where the people gather to worship the new idols of their daily creation. If we are wise, we will have the manly independence to avoid these extremes, and to realize the great truth, that liberty dees not consist in unbridled privileges to the pea^le, but in a system of wise laws, virtuously and firmly administered. Considering my position, I would be unfaithful to my trusts if I should use the measured language of flattery, and disguise the truth. This bloody revolution has taught us many solemn truths, as to the un¬ limited elective franchise, and the extremes of democracy, and the people will perceive them, if public men and politicians will do their whole duty, and not use the smooth language of flattery, intended but to deceive and "betray. Perhaps this may not yet he the proper time, but I cannot forbear from calling your attention to the duty you may owe your State, to incorporate into our Constitution a principle refusing to allow any man to vote, except those who were citizens at the time of our adoption of the present Confed¬ erate Constitution, or unless hereafter born in some one of the Confederate States.. I would make it the highest privilege of a freeman to vote, and a mark of rank, and therefore allow none this privilege hereafter unless born in this country. Let it be made, by all the safeguards of fixed law, as high a mark of pride and rank to be called a citizen of this Southern Republic, as in former times it was, in Rome, to be called a "Roman citizen." This can never be done with indiscriminate elections, and granting the privilege of voting indiscriminately to strangers and foreigners, who make only a short sojourn, without interest in our country, and without knowledge of our peculiar institutions. To exercise a sounc| discretion in this high privilege, upon which the liberty and purity of the country depends, can only be acquired by that kind of education which is alone obtained by being bom and raised here. To make this privilege common is to throw away a pearl, around which glitters every thing that is bright and pure in Republican government. It is a source of deep regret that the war has suspended our literary and theological institutions, and more especially our State institution. I was opposed to it, and endeavored to procure the adoption of a measure which, TUESDAY, NOVEMBER 25, 1862. I was in hopes, might have saved them from the necessity of being brought under influences that have drawn off the students into military service in the field. I desired that they might be organized into separate and distinct corps, and kept under officers appointed or selected from their professors, and held under military organization, and thus kept from being absorbed by general service in the army. If the State should have been in a pressing emergency, they could have been ordered out, and all institutions of that kind in the State could have been kept together under an independent, united command. But it was decided otherwise by those who had the authority, and, as they thought, from necessity. The consequence is, that all are now suspended, and it is to be feared that the injurious effects will be seriously felt in the progress of events. I hope, however, that no consider¬ ations will ever induce the State to take any steps that may lead to a with¬ drawal of its patronage, heretofore bestowed, upon this noble institution. It is too deeply consecrated in the hearts of our people, by the blessings it has shed over the State, ever to be abandoned. Under existing circum¬ stances, however, it cannot be expected that the appropriations should be as large as heretofore. I therefore recommend that the salaries of the Pro¬ fessors be reduced, for the present, one-half, so that we may be at least able to secure and retain the services of the very able Professors, who are now. temporarily thrown out of employment. As the Library is still regularly opened, and is very useful, it ought to be strictly kept in order, the same as ever. Perhaps, therefore, the Librarian should receive his usual salary, which is but small. In these distressing times of great pressure and derangement in supplies, I earnestly recommend to your most charitable protection the Lunatic Asy¬ lum, and also the Christian and benevolent Institution for the Deaf, Dumb and Blind. The great increase , of prices in breadstuff's will require some addition to the usual allowances for the support of the unfortunate who may be too poor to pay for their own support. The reports from these institutions are referred to your attention. I also call your attention to the Report of the Trustees of the Marine School at Charleston. It deserves your patronage. The report of the Superintendent of the State House, herewith trahs- mitted, is referred to your special attention. In my Message to the Extra Session of November, eighteen hundred and sixty-one, I called the attention of the Legislature to the state of our Mili¬ tary Academies. I now take this occasion earnestly to suggest again that their capacity for usefulness be enlarged. As all other institutions are now suspended by the young men going into the war, our State Military Acade¬ my is the only public, institution practically open to education, and surely, at this period, no system of education can be more essential to our success and defence. As we are now involved in an entirely new state of things, I 24 JOURNAL OF THE SENATE, would recommend that you increase the number of Visitors, and that they be filled by election, exactly as the Board of College Trustees is now filled, or, as it is a military institution entirely, perhaps the appointment might be by the Governor, with the advice and consent of the Senate. It is worthy of your immediate consideration how far this institution, in all its branches, should be enlarged, and arrangements also made to receive cadets from other Southern States. A portion of the college buildings might be, for the pres¬ ent, assigned for the use of cadets, if more than usual are admitted. There are more applicants this year than common. I transmit with this a letter from General Jones,. Chairman of the Board of Visitors, and recom¬ mend that an appropriation be made to enlarge permanently the buildings at'the arsenal. The State should select the sons of meritorious officers who have fallen in battle, leaving no means, and assign a son of each for educa¬ tion in this institution, and the sons of our heroic naval officers ought also to be included. It is due to many who have left their children penniless, and we owe it to ourselves, that they should not be neglected. Our State is comparatively small, and cannot rival, in physical resources or material developement, the larger States, but by a high grade of military education, as well as every other system of culture and education, we can enlarge our influence and usefulness. We can only hope to enter the race for power and ascendency by the high moral and intellectual endowments of our peo¬ ple. Large territory and natural resources, with a large population, will make any State powerful, but to make a small State a great one, with power and influence, requires profound wisdom in measures calculated to develope intellectual and moral culture, as well as devoted patriotism and heroic valor. While other States expend millions in aid of material advancement, we must spend millions in thorough education. Our principal arsenal and depot for small arms ought to be permanently in Columbia. The climate ds dryer, and more suitable for both powder and arms, than Charieston. In previous communications to the Legislature, I called attention to the importance of establishing a manufactory for small arms, and indicated Greenville as having had such a factory in the war of eighteen hundred and twelve, and I also drew attention to the iron of Spartanburg as being eminently suitable, from its great adhesive qualities, for large cannon, and so forth. The Executive Council have made such an establishment at Greenville, together with a foundry. The place is well selected, and. the practical judgment of the Chief of Construction, aided by the energy and mechanical talent and knowledge of the Superintendent, has. forced the establishment into rapid maturity. I refer to the reports of both these officers, and also to,the report of Major Eson, State Ordnance Officer, for all details, and most cordially recommend the whole matter to your immediate atten- TUESDAY, NOVEMBER 25, 1862. 25 tion. The Legislature, by the Act of eighteen hundred and sixty, created a Board of Ordhance, with an ordnance officer, ranking as colonel of artil¬ lery, with a salary of three thousand dollars. The law required this Board of Ordnance'to be appointed by the Governor, and the ordnance officer to be appointed by the Board. Since the resignation of Colonel Manigault, an officer was appointed by the Council, with the rank of major, and a salary of eighteen hundred dollars. I recommend that the original rank and pay of the officer be restored, and that the foundry, together with the factory for small arms, be placed directly under the supervision of the State Ord¬ nance Officer, as part of the duties of his office. The whole military re¬ sources of the State, with all our men up to forty-five, are now, by law, placed under the immediate control and absolute command of Confederate authority, and if, under these circumstances, it should be thought more ex¬ pedient to transfer thTs establishment over to the Confederate Government, it.could now be done without the slightest loss to the State; but if-this course should be pursued, a condition should he made that, at the close of this war, it should then be transferred back to this State It ought to be our policy to keep up a State Armory, in order to place the supply of arms for the State beyond all contingency in any future emergency. We have seen the danger of our position recently, and I trust the day will never come, again that will find the State without an ample supply of arms. The Council established a saltpetre plantation near this place. I believe it is the first of the kind ever established in our country. The expenses have been moderate, and I refer you to a report from Dr. Ford, the Super¬ intendent, for all details. There was great danger of scarcity in the mate¬ rial for gun-powder, and it was deemed essential to put ourselves beyond difficulty as to this matter. It is hoped that it will soon begin to yield re¬ turns. As an experiment, it was eminently useful, in calling public atten¬ tion to the enterprise. If it is thought proper, I have no doubt the whole matter could be turned over to the Confederate Government without loss. In several countries in the north of Europe, taxes are partly paid in salt¬ petre, so essential is it to a country's independence. Perhaps it might be proper to place it also directly under the supervision of the State Ordnance Officer, if the State retains it. The Executive Council have repealed all their laws, or resolutions having the effect of laws, relating to distillation of spirits, to take effect at the close of your present session. I call .your attention to this, because I deem it of the highest importance to the welfare of the people, and particularly to our soldiers, and their families at home, that you should pass the most stringent laws against all distillation of spirits from grain, except for medi- 1 cal purposes alone, and I trust a wise and energetic system will certainly be adopted by which your law, in relation to this matter, shall be strictly en- 4 ,26 JOUKNAL OF THE SENATE, forced. The reasons for this are so obvious that it is not necessary to urge them. The Executive Council have endeavored to stimulate the manufacture of salt, and fifty thousand dollars were set aside for this purpose. Much has been done, but much more is required to be"done to satisfy the wants of the people as to this great necessary of life. I refer you to the report of the Chief of Justice for details on this subject. I endeavored to make a contract with the owners of the salt works near Abingdon, Va., but they accompanied their proposals with such conditions, bearing upon the private rights of one of our distinguished citizens, who holds a mortgage on the works, that I could not, with justice, think of accepting them. I appointed a gentleman to try and make arrangements for transportation over the railroads for one hundred thousand bushels, but he found it impossible to get it. Besides, I do not believe any large amount of salt could be procured, within the time we required it, from the works, even if I could have obtained transporta¬ tion. I hope, by the production now being furnished from our own coast, which is increasing, that by the last of January enough may be procured to suffice, upon the most limited economy in its use. Three hundred sacks of Liverpool salt, a part of that which I took in our different towns last year, for the State, have been recently directed by the, Council to be sold, in small amounts, by the committees for the relief of the soldiers' families in the different Districts. True, the wants of the poor are very serious, but it is incident to our situation in this great struggle for our homes and exist¬ ence, and I trust that those who have the supply and the means will use all their best exertions, in every neighborhood, to see that there shall be no actual suffering. x The last Legislature created by law Provost Marshals, with their Asso¬ ciates, in the sea-coast Districts of the State, and allowed their establishment in any other District, not already provided for, whose representatives desired it. These Marshals established courts, under instructions which I sent them—a copy of which is herewith transmitted. I suggest that the books and records of these courts be examined, and that the whole matter be re¬ vised by your body—suggesting such amendments as may appear proper, or discontinuing them, if you think it best. My impression is, that under proper accountability, they might be made of great use in our present situation. One great cause of the unanimity and deep enthusiasm of the whole people.in this war for our independence, arises from the fervor and religious zeal in the cause which our clergy and laity, of all denominations, have manifested. They have made it almost a holy war. Added to this has been the patriotic and intense feeling our women have universally exhibited. No men who have such mothers, such wives, and such sisters, were ever TUESDAY, NOVEMBER 25, 1862. born to be enslaved. We,,of this State, owe a debt of lasting gratitude to the women of Virginia, in particular. There is scarcely a mother, a wife, or a sister in South Carolina, (and there are thousands,) mourning for the loss of their loved'ones that have perished on the bloody fields of Virginia, whose grieving heart has not received comfort from the thought that the sinking soldier and hero had his dying moments soothed by the kind atten¬ tions of some tender female of Virginia. No people of any age or country have ever suffered more than they have in the ncffile State of Virginia, and no people, with the game amount of population, have ever, in the annals of history, presented to the world more captains of higher qualities to lead and to command, or soldiers of more heroic valor, than has Virginia, amid her teriible sufferings; and hereafter, when asked for her jewels, Virginia will not be confined alone to her sons, but she can turn and proudly point to her daughters, as pearls that will throw a more royal lustre from her diadem of honor. I would recommend that an energetic, responsible Agent be appointed by the State, to be stationed, for the present, at or near Richmond, whose duty it will be to aid and assist our sick and wounded soldiers in obtaining their furloughs in proper form, and transportation also, both on their coming home and returning, so that none shall suffer from ignorance or neglect. This Agent could be charged with seeing that all aid and assistance, in supplies of all kinds for our soldiers, should be properly attended to and forwarded. It might be, perhaps, of great reliqf to the helpless and unin¬ formed of our men, who may be exposed to imposition or neglect. I would respectfully suggest that this Agent may have the rank and pay of a captain in service, and a limited sum of money might be placed in his charge to relieve all the pressing and immediate wants of the needy, who are sick, wounded, or honorably discharged. This appointment might be made by the Governor, by and with the advice and consent of the Senate. Although I agreed to the mode, because it was the best I could do under the circum- O ' stances by which I was surrounded, yet I do not think that any Executive Council is a fit and suitable body to make appointments in the military, as a general rule. I still think, however, as I have heretofore urged, that, during revolution and war, the most suitable way to fill all field offices for active service, is for the appointment to be made by the Governor, with the advice and consent of the Senate. The representation in this body of every Parish and District in the State, would enable it to judge of any unfit nomination made by the Governor, and to refuse it. It is necessary that the Legislature should agree upon some permanent plan by which negro labor shall be furnished, for work to be done along our ^sea-coast, and particularly for the defences of Charleston. The manner in 28 JOURNAL OF THE SENATE, which the impressment of this labor has been executed, has produced an unpleasant state of feeling, and much complaint. Then the extremely care¬ less government that has been instituted over them, after they arc placed under Confederate officers, together with the poor attention paid to them, has also increased this dissatisfaction. Perhaps all this is naturally incident to any corps not regularly under strict ai'my regulations. Just at the close of the last Legislature a joint resolution was passed, directing the Governor to furnish labor under requisitions from Confederate Generals, and to exercise, if neces.-ary, the power of impressment for that purpose. In April last I proposed to the Council to adopt a plan by which a corps of negroes should be organized and attached to each regiment|Or brigade, as axemen and spadesmen, to be placed under military government and orders in service. I desired this organization, upon the basis that every owner of negroes Should furnish as many men as he might select, and put them regularly into the army, to draw regular rations, and the owners to receive their pay. One per cent, on the four hundred thousand slaves in the State would give four thousand for such an organization, and this would be more than ample for all purposes. Let these corps be formed into axe¬ men, ditchers and laborers generally, and under regular orders and discipline suited to them. Let this be a permanent arrangement, which would relieve all the agricultural negroes of the country from arbitrary and irregular calls at seasons not at all suitable. Besides, this would enable every man to send off, to be put under the military regulations of the army, all negro men who might be difficult to manage at home, where women and children are, for .the most part, left alone. It would have the further effect of identifying our slave population, to a certain extent, with our armies, which would pro¬ duce a wholesome feeling of allegiance, and thus aid in the police govern¬ ment of that class. All this system could be organized readily, and, I think, upon a far more certain footing as to labor, aud with far less expense and inconvenience to owners. Many small owners of slaves would volunteer none, but large owners would, and in many sections, particularly where they are exposed to the enemy, they would select perhaps five per cent, on all they own, because they could thus select those most unruly and uncertain, and secure them in the army. If lost or killed, then let the Government be responsible for their value, exactly as it is to those who furnish cavalry horses. My impression is that it would be a good police arrangement, that would strengthen the interior peace of the State. This was the substance of the proposition I made in April last, hut as I was overruled, I was compelled to give my assent to the other system pro¬ posed, because, like in many other cases, where I was -called on to do any¬ thing, I had to do the best I could in relation to secondary measures, t think, if what I had then proposed had been adopted, it would have saved TUESDAY, NOVEMBER 25, 1862. 29 much unpleasant feeling in the State, and also large losses from the irregular mode of calling for labor when it is engaged in agricultural pursuits. I therefore recommend that you take this subject up as soon as possible, and adopt some efficient system, in concert with and by assent of Confederate authorities, such as I have presented. I wrote to General Beauregard, and suggested to him my plan, and in a letter, dated the eighth of November, instant, he highly approves of it, and recommends that " each brigade of four regiments shall have two hundred negro pioneers or laborers." A copy of all that portion»of the letter is herewith transmitted. The works around Charleston are extensive, and it is of the last import¬ ance they should be completed on the most scientific and solid scale. Now that we have witnessed the desperate and malignant hostility of our exas¬ perated enemies, we may certainly expect that, even after peace, they may threaten us at any moment hereafter, and it becomes us to be permanently and thoroughly prepared. The works around Charleston are, therefore, not to be viewed as temporary, but in the course of events they must be looked to as part of our permanent defence, and necessary to our future safety. The whole State is deeply and directly interested for our independence and protection against these our worst and most bitter enemies, and we cannot be secure without the largest and most substantial system of defences around and near Charleston. Let no man, in a remote part of the State, imagine that the work done there is not necessary to the protection of his own home and fireside. The Convention, at their last meeting, have referred the proceedings of the Executive Council to your supervision and jurisdiction, and have expressly submitted to you the power to continue it or not. This Executive Council was established early in January last, and as soon as/the Ordinance creating it was sent to me, I addressed a communication to the Convention, dated January the eighth, a copy of which is herewith transmitted. I thus most respectfully filed my objections and protest. The first section of this Ordinance declares, that the " Executive Council shall consist of the Lieutenant Governor, and three other citizens of the • State, to be chosen by the Convention by ballot." The second section then speaks of the " Governor and Executive Council acting together," and confers unlimited power " to declare martial law," " to arrest and detain all disloyal and disaffected persons,'! and " to oi-der and enforce such disposition of private property for public use as the public good shall appear to them to require." It also confers absolute povjer over the organization of all military forces, from "the whole or any part of the population of the State," to draw money from the public Treasury without appropriation by law, and to make all " nominations and appointments here¬ tofore made by the Governor." As to " disloyal or disaffected persons," it •30 JOURNAL OF THE SENATE, suspends habeas r.orjms. This, together with the power to declare martial law, to seize private property, to make a 113* absolute orders of a military nature, embracing the whole population, and to draw money from the Treas¬ ury without appropriation by law, makes a complete concentration of allv power in the hands of the Council. True, the Governor is spoken of as separate, but whether it was intended that his concurrence and consent should be necessary to consummate any or all of these powers, does not dis¬ tinctly appear. At first the inference would seem to be, that it was neces¬ sary that the Governor and the Council should "act together." However, the mode adopted by those best informed of the intention of the Conven¬ tion was, in fact, a total absorption of the Governor, for every proposition and order was taken by vote, each vote counting one, and a majority making the order. This, of course, is a direct violation of all the constitutional attributes that necessarily attach to the clause which declares that the " Governor shall be the Commander-in-Chief." It will be seen, by the re¬ ports from members of this Council, made to the Convention at its recent session, and more particularly from the Report of the Chief of the Military, that all the rules for the administration of the separate departments were made by the members themselves, and by the fifth rule for the Military Department, even the nominations to all offices, " heretofore vested by law in the Governor," were expressly vested in the head of that Department. The Council partitioned out the powers of the Executive, and assigned themselves as the heads of the Departments thus created. According to the second clause of the Ordinance, I could not even appoint an Aid. Of course, under all these circumstances, I should certainly have calied the Legislature together, and resigned my office, but for the extraordinary po¬ sition the State was in at that time. It will not require a close analysis of this Ordinance to show that,'under the pretext of "strengthening the Ex¬ ecutive," the Constitution was grossly and needlessly violated, and the result, as exhibited in the confusion and opposition created in the State, heretofore so united, shows that men. however learned and able as exponents of law, may yet be entirely ignorant of all the practical workings and actual needs of the governing power for a free people. ^ I had been elected, by the regularly constituted Legislature of the State, to take charge of her destiny and direct her movements, when she was rousing herself to step forward and form the nucleus around which a new Confederacy might gather—thus standing like a shining target before her powerful foes, with doubt, danger and uncertainty on every side. The very day after I was inaugurated, I sent a trusty Agent and located him in Fortress Monroe, with orders to give me the most authentic information constantly of what was doing tjhere, because I knew^it was the nearest post from which military reinforcements could be sent to Charleston harbor. I TUESDAY, NOVEMBER 25, 1862. 31 could tlius tell what we were to expect by what I heard from that fortress, for I knew we would have war. It was my order, on the twenty-seventh of December, eighteen hundred and sixty, by which, in the face of a powerful fortress and an armed foe, the two first Federal forts were taken, from whose parapets the proud flag of the old Union was lowered, and the defiant flag of our independent State run up in its stead. This was done while the Convention was yet discussing the propriety of doing it. So, too, on the ninth of January, eighteen hundred and sixty-one, it was by my order, against solemn entreaties to the contrary, that the first cannon was fired into the Star of the West, bearing armed men and succor to Fort Sumter. These are the acts which practically inaugurated this war, the effects of which will be deeply felt for ages to come. I well knew the danger then, and fully understood my deep responsibility. At that time there was no certainty as to any other State moving. I mention this, not in credit to myself, for I was but the exponent of the will and spirit of the State, but I mention it to remind you, that by your appointment, I then stood on the quarter-deck, when the sea was dark and the ship alone. I saw the breakers through which she was to be driven, and no man can say that the helm ever trembled iu my hand, or that the vessel ever veered, for one moment, from her direct and onward path. My record was before the Convention, but I have yet to learn on what act or acts of mine they predicated their remarkable experiment in government. A sense of injustice, and the influence of ardent friends, might have im¬ pelled me to a different course from that which I pursued at this juncture, but my high sense of duty towards the State, and my sincere desire to secure her ultimate good, induced me to bear all with such patience as I could, and to pursue that path which I deemed wisest, in her behalf. The loss or change of power to me, personally, was nothing, but to the Constitution and ' the State it was every thing. The presence of a malignant and ravaging foe upon our coast, with a powerful army threatening Charleston, and the absence of a large portion of our men in the army of Virginia, rendered unity of feeling and purpose in our domestic government absolutely necessary for the time being, and weighed deeply in my determination to await events, and to submit to what had been done. I also knew that dissatisfaction and confusion would arise when the immediate danger and pressure had passed, and I desired that the responsibility should rest where it properly belonged. I preferred that the issue should be made between the people of the State and the body which had assumed all power over them ; for I well knew that a people, born and educated to freedom, would rebuke the attempt which .in this case had been made to create an arbitrary and illegal Government. The Convention, at its last meeting, seemed to desire to shift the respon¬ sibility of terminating the existence of a tribunal which they had, at a pre- 32 JOURNAL OF THE SENATE, vious meeting, ordained should continue for and during the war, and to throw that responsibility upon the Legislature, coming fresh from the people. Instead of protecting it against accountability to another body, they have made its acts open to full inspection and investigation, and that, too, under peculiar circumstances, where they themselves ought to have assumed the responsibility of restoring the regular and ordinary Govern¬ ment. This might have saved any further discussion or division. The second section of an Ordinance passed at their last session, expressly makes it my duty to open up all its proceedings to you—at least back to the commencement of that session—and, by inference, to an examination of all before; because you could not have a full understanding of the duties they required you to discharge in relation to the policy of continuing the Council or not, without knowing all the facts and all its proceedings. With that view, I believe, _ they declared all their proceedings open to the public, with the books of record kept by their Council. By an Ordinance passed the second of January last, entitled " An Or¬ dinance for the removal of negroes and other property," a commission of three from each of the sea-board Districts was elected, and, by the tenth section of the said Ordinance, this commission was expressly authorized to draw upon the Treasury for any sums they might deem necessary to remove and support negroes. Each separate commission of three had this power, limited only by what they might think necessary." They were not di¬ rected to let the Governor, or even the Council, know what amounts they might at any time draw, nor do I see any provision for their accounting, except to the first meeting of the Convention, if that should take place before the meeting of the Legislature. The tenth section concludes in these words: " And that the Legislature be directed to provide ways and means to reimburse the Treasury." It will be seen that this Ordinance directly violates that great principle of the Constitution which declares that " no money shall be drawn out of the public Treasury, hut by the legislative authority of the State." This has given to a tribunal created separate from the Convention itself, this direct power. The whole Ordi¬ nance sets a dangerous and impolitic precedent in our State, and I recom¬ mend that steps be taken to cause proper accounts for all moneys drawn under it to be rendered, and that the records kept by those commissions he examined. The eighth section seems to contemplate this, if the Con¬ vention itself had not, in the meantime, held a meeting. I can appreciate the circumstances under which the Convention acted. But they acted under the excitement produced by the fall of Port Royal, and I knew the time would come for the State to right itself. That time has come, and I most respectfully recommend that, as the guardians of the TUESDAY, NOVEMBER 25. 33 Constitution and Law, you do now restore to tlie State the regular and ordi¬ nary Government. To vest power to make, construe and execute law, in the same hands, is of the very essence of despotism, and the exercise of any such power, even in the hands of the . wisest and purest of men, would necessarily produce the deepest dissatisfaction in any community trained up as freemen, and who had lived under the regular administration of fixed law. The dissat¬ isfaction and restiveness under this new and unauthorized system, exhibited in certain portions of the ^tate, has not arisen from auy disloyalty or indis¬ position to discharge all their duties faithfully, but from a feeling of sensi¬ tiveness under what they deemed an unnecessary and arbitrary establish¬ ment of an unusual and irregular Government. The example quoted from the early history of this State, when one of our most illustrious citizens was vested with a Dictatorship, is not at all ap¬ plicable to the State in her present situation. We were then in our infancy, and had never been accustomed to independent self-government. We had, comparatively speaking, a wild country, with sparsa population. We were simply a Colony, and in fact with no Government. Wc have now had eighty years of self-government, when our forms and laws have become fixed and settled, with a dense population of sensitive and educated freemen. No people upon earth are more restive under arbitrary power than we are. Besides, our whole form of Government is conservative, and full of checks and restraints—more so than that of any other State in the Confederacy. Our Senate represents mere territorial divisions, and is so formed as to check the more dominating influence of other branches. We have representation of property in both Houses. For every sixty-second part that the taxation of a Parish of District bears to the taxation of the whole State, it is en¬ titled to one Representative; and for every sixty-second part that the white population of a Parish or District bears to the white population of the whole State, it is entitled to another Representative j and we take a State census every ten years, and estimate the taxes that have been collected during that period, and according to this we readjust our representation , every ten years, so, that it shall follow this combined principle wherever any changes in population or in property have been made. It is, in fact, a representation of taxation and population combined, and is the wisest and most philosophical principle thaf has been adopted by any State in the Confederacy. From this, population has a^ll the strength necessary to give it power and contentment, and property has all that is necessary to protect itself. "This it is that makes us so eminently a conservative State and a united people. Under our wise, but complicated system, we do not, in any- great measure, take the sense of the people of South Carolina, as a people, but we take the sense of the interests or estates of the State, which 5 34 JOURNAL OF THE SENATE, is equivalent to consulting the estates of the Realm—a process so deeply identified with all our ideas drawn from the great common-law land of English liberty. Any single Assembly' without the checks that come from the action of separate bodies, that assumes to exercise, of itself, legislative powers, must necessarily amalgamate these estates, and produce confusion aud discontent, by deranging the order of our whole system. The clause in our Constitution giving power to call a Convention, is pecu¬ liar. It does not say the Legislature may or can call a Convention, but it declares that " no Convention of the people shall be called," except on certain conditions. No Convention can be called, except by a concurrent vote of both branches of our Legislature, and then by a vote of two-thirds in each House. The Constitution of the State is itself a- compact between the people, in which the sense of the State is taken by a full representation of estates which form the State. The angry controversy between the upper and lower country, previous to eighteen hundred and eight, need barely be alluded to for full illustration of this. The Constitution itself can be altered by two successive Legislatures, and there is no necessity for a Convention to alter it, which shows that under our system, so far as or¬ ganic law is concerned, sovereignty is expressed through two successive Legislatures, or the Legislature is supposed to express the sense of the State, taken, not by population, or the people alone, but by the different estates represented. The clause giving power to the Legislature to alter the Constitution, fol¬ lows immediately after the clause giving power to call a Convention, and is also very peculiar in its language and guards. It does not say the Legisla¬ ture may alter the Constitution upon certain conditions, but, directly follow¬ ing upon the -other clause, it declares that " no part of this Constitution shall be altered," except by the forms prescribed in the clause itself. There .is no other State, that I know of, which allows the Legislature the high power of altering its Constitution. It is granted here because those who made it intended to guard peculiar interests and privileges in the State. No Convention, under our system, need ever be called, except for one purpose only, and that is to withdraw our State from any compact with other independent States, and this merely because it was through such a body1 that the compact itself was originally made binding upon the State. Under this view of the question, it must be elear that it is against the whole spirit and genius of our system that a Convention should alter or amend the Constitution on local points; and if so, how much more true must it be that they cannot, on points affecting our internal relations, legislate on any matter. And if this be so, by what right can it delegate to another body, of its own creation, the power to legislate. It has no right to legislate; and even if it had, it could not delegate the right to another body, emanating alone TUESDAY, NOVEMBER 25. 35 from itself. It can only legitimately act upon the specific matter or question which it was called to act on, and this is upon the presumption that the very question has been decided by the people, through the legitimate repre¬ sentation and forms that express the sense of the estates of the State. Upon that subject-matter, thus decided, they are sovereign, but upon no other. They are not necessary to alter the Constitution, for I have shown that this express power is given, by the Constitution itseR, to two ordinary Legislatures. Any mere formal portion of, the Constitution that it may be necessary to' alter, in order to adapt it to a new compact with other sove¬ reigns, and to the new Government, can be made, but no other. It can make a compact of fundamental law with other States. Any change of the Constitution, by a general Convention, called exclusively to withdraw from an old compact, and to form a new one, in those provisions acting solely upon the people of the State, within themselves, is not only beyond their legitimate power, but deeply dangerous to our conservative system, and a precedent which, once established, might overthrow all the guarantees of the instrument touching our local interests, without giving us the protec¬ tion from the safeguards made by the compromise of eighteen hundred and eight, and incorporated into our organic law. The Ordinance creating the Executive Council did change the Constitution, as far as the executive power of the Governor is concerned. The second clause utterly annihi¬ lated his office as " Commander-in-Chief." There is not a single attribute attached to " Commander-in-Chief," as derived from the very nature of the office, and defined in the Constitution, which is not destroyed. True, the Governor, in times of peace, has but little power, but in revolution and war, that single power of" Commander-in-Chief" is of the highest and last importance, so long as the State acts for herself, or has forces in the field. In fact, during a revolution, it may embrace ' all power. A division of it into four heads destroys all that may be essential in dispatch, energy and decision. If it had been in existence on the twenty-seventh of December, eighteen hundred and sixty, and during that period, it would have been contemptible, from its imbecility and division. To say that the Constitution, in its vital parts, is not altered, because it has not been done by a specific clause, is to chop logic on words. In everything relating to the military and military orders, from the least to the most important, it made an abso¬ lute change—no military order, of any kind whatever, could be given without first receiving a majority of the votes of the Council. It was most fortunate for us that every company in the State had been mustered into service under the command of Confederate Generals, and all the mili¬ tary resources of the State were being transferred under the absolute orders of Confederate authority. If we had been in actual command of forces, we would have had great confusion and weakness. In times of revolution 36 JOURNAL OF THE SENATE, and danger, to vest all the powers of the "Commander-in-Chief" in the hands of four men, is simply a pragmatical experiment, that has failed, whenever tried, in every age and in every Government. In relation to what may be urged .as to the necessity for such action, I have only to say that State necessity has ever been the patent plea for de¬ spotic power wherever assumed. Amongst an enlightened people the true strength of an Executive does not depend so much on specific grants of power, as on doing with firmness whatever is right, and in patriotic devotion to the country, and nothing but the country. The Convention have turned .over to you the responsibility of deciding upon the propriety of continuing the Council. According to the Ordinance, its existence ^terminates on the second Monday in December next. By thus ordaining, there are now established in the State two conflicting powers of legislative or law-making authorities, sitting at the same time. It is an anomaly in government. I would recommend that you do discontinue the Council, and that no other of that kind be created. The duties of the Chief of the Military ought to be discharged by your Adjutant General, and the duties of the Chief of Construction should be discharged by your Ordnance officer; the duties of Chief of the Treasury should be discharged by your Treasurers, and the duties of Chief of Justice and Police can be discharged by your Governor, together with the Attorney General. The ordinary forms of government should be forthwith restored. It is due to the Con¬ stitution and the country, that you should put your disagreement to the precedent that has been set, in such a shape that it shall be distinctly under¬ stood, hereafter, that all the ordinary branches of the regular Government were opposed to the creation of this extraordinary and unnecessary Govern¬ ment. In the meantime it might be proper, during the continuance of the war, that you should pass a special Act, well guarded, giving the Governor ex¬ traordinary powers in certain emergencies. The Convention at first passed a Resolution, giving me the power to appoint a Council for consultation, which was done on the thirtieth day of December, eighteen hundred and sixty, and the Council was organized a few days after. They made it the duty of this Council, " when required by the Governor, to advise with him on all matters which may be submitted by him," but expressly made the Governor, " in all cases," still responsible, " and to decide upon his own action." In conformity with this I appointed four distinguished gentlemen, and, for convenience as to business, I made a division of labor, and assigned to each a Department. This was a very wise and proper conception of Gov¬ ernment, on the part of the Convention, and did not, in substance and re¬ sponsibility, alter the office, as established by the Constitution. It is with great pride and pleasure that I now say I was much aided and strengthened TUESDAY,'NOVEMBER 25. 37 ? by the able men wbom I tben called around me, at that trying and critical period of our history. They served without compensation, and for their ^patriotic and firm discharge of duties, the country owes them a debt of lasting gratitude. If it should be thought necessary, in any great emer¬ gency, such a Council might again be authorized, which the Governor could call around him whenever he' might deem it proper to do so. But do nothing to divide the responsibility of your Chief Magistrate; always make him directly responsible. A division of responsibility but weakens the whole, and takes away that direct accountability which is so essential to all energy and decision. Any other form makes hesitation and division, which, in the midst of a progressive revolution, is of deep injury to the public service, particularly in all military matters. As I am soon to retire from office, I may be permitted to say, that when appointed to preside as Chief Magistrate of the State, I had just returned from abroad. I had comparatively but little personal acquaintance with those who had been of late years on the public stage. My difficulties were embarrassing. We had been habituated to indulgence by long years of peace, and were utterly unprepared for this gigantic struggle. I never, for a moment, doubted we would have war, as will be seen from the first steps taken the day after I was sworn iuto office. The State acted alone, rose erect and defied power.. I determined that she should lose her existence rather than lose her honor. As the storm grew dark around her banner, and many were in doubt, I watched the star of her destiny as it twinkled and flashed above the horizon, and I looked with Eastern devotion to that star alone. Many supposed themselves wronged, and their counsels neglected, but it was because I had no other light to guide my path, save the rays that ever fell from that star before me. We have passed the worst. If we are true to ourselves, and if our forces are directed with judgment, we cannot be conquered. But instead of relaxation, we must rely solely upon our own strong arms, and redouble all our energies to meet any and every event. We have suffered much, and may suffer more, but if we humbly rely upon a superintending Providence, we will go through in triumph. Let us remember that no people ever yet reached a high destiny without an abiding faith in the dispensation of justice from a Supreme Being. F. W. PICKENS. 38 JOURNAL OF TIIE SENATE, The following message was received from the Iltms' of Representatives: In the House of Representatives, Nbv. 2-1, 1862. Mr. President, and Gentlemen of the Senate: The House of Representatives respectfully informs the Senate that a quorum of the Members has met, and has elected Mr. A. P. Aldridh, Speaker, and John T. Sloan, Clerk, and is now ready to proceed to business* By order of the House, A. P. ALDRICH, Speaker. ' Returns of Commissioners of Free Schools, for jlso-2, were presented by Mr. Garlington, for Newberry, " Hope, Lexington, " W. D. Johnson, Marlboro', " Oswald, St. Bartholomew's/ " Mazyck, St. James', Safltee ■ and they were ordered to lie on the table. Mr. LESESNE presented the report of the Commissioner on the Gocfe J and the petition of Rev. B. B. Sams, to be refunded a Confederate War Tax; which were ordered to lie on the table. On motion of Mr. MAZYCK, the Senate adjourned at ten minutes to,' two o'clock, P. M. WEDNESDAY, NOVEMBER 26, 1862, The Senate met at 12, M. Prayer by Rev. Dr. Adger. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATORS: Hon. W. D. Simpson, Senator elect from Laurens, and Hon. P. P. Bon- neau, Senator elect from Christ Church, appeared at the Clerk's desk, and" presented their credentials. The oath was administered, and they took their seats. The PRESIDENT announced the Standing Committees of the Senate, as follows: WEDNESDAY, NOVEMBER 26. 39 On Privileges and Elections.—Messrs. E. W. Fickling, F. J. Moses, Samuel McAliley, Thomas Thompson, J. W. Miller,-Alexander Mazyck, P. P. Bonneau. On Confederate'-Relations.—Messrs. H. D. Lesesne, A. Hamilton Boy- kin, Alexander Mazyck, B. W. Lawton, W. D. Johnson. On Finance and Banks.—Messrs. Samuel McAliley, E. G. Palmer, B. H. Wilson, Alex. Mazyck, Gr. D. Keitt, F. W. Fickling, A. H. Boykin. On the Judiciary.—Messrs. F. J. Moses, H. D. Lesesne, J. W. Blakeney, A. C. GaGington, E. J. Arthur, W. D. Johnson. On A unts«and Vacant Offices—Messrs. T. Edwin Ware, Gr. D. Keitt, D. H Ellis, J. J. Wortham. On nlaims and Grievances.—Messrs. E. J. Arthur, Gr. W. Oswald, J. W. Miller, David Houser, John C. Hope, C. Ryan Boyle. Ok, Military and Pensions.—Messrs. A. C. 'Garlington, E. J. Arthur, Johti L .'Manning, G. W. Oswald, Thomas Thompson, D. H. Ellis, Arthur Simkins,-WV D. Simpson. On the College, Education and Religion.—Messrs. Edmund Rhett, S. W. Barker, Arthur Sinikins, Robert Maxwell, John L. Manning. On Incorporations and Engrossed Acts.—Messrs. W. D. Simpson, W. M. Murray, T. Edwin Ware, Robert Beatty, J. J Wortham. On Agriculture and Internal Improvements.—Messrs. E. G. Palmer, R. G- McCaw, Robert Maxwell, W. G. Roberds, W. M. Murray. ' r On Roads and Buildings.—Messrs. J. C. Hope, F. J. Sessions, W. G. Roberds, R. L. Hart, Robert Beatty, E. IJ. Miller. On the lunatic Asylum and Medical Accounts.—Messrs. I. K. Furman, S. W. Barker, J. C. McKewn, R. L. Hart, B. W. Lawton, P. P. Bonneau. On Commerce, Manufactures and the Mechanic Arts.—Messrs. B. H. >. Wilson, E. H. Miller, C. Ryan Boyle, J. C. McKewn, John L. Manning. Cnfthe Legislative Library.—Messrs. John L. Manning, Edmund Rhett, -R. O. McCaw, J. W. Blakeney. On the New State House.—Messrs. R. G. McCaw, E. J. Arthur, Sam'l McAliley. Mr. MOSES gave notice that, under the 34th Rule of the Senate,.he will to-morrow ask leave to offer the following resolution : Resolved, That at the end of the 14th Rule of the Senate, the following words be added: 16th. A Committee on Printing. 40 JOURNAL OF THE SENATE, Returns of Commissioners of Free Schools for 1882, were presented by of disbursement of funds received in December, 1861, applied to payment for 1861; and they were referred to the Qommittee on the College, Educa¬ tion and Religion. Mr. ARTHUR presented the memorial of J. Townsend, B. M. Palmer, W. F. DeSaussure and M. LaBorde, in behalf of the Central Association, praying an appropriation for the relief of sick and destitute soldiers; which, was referred to the Committee on Finance and Banks; and also, The petition of the Mayor nnd Aldermen of the city of Columbia, pray¬ ing for a lease of the Columbia Canal at the expiration of the lease to F. W. Green ; which was referred to the Committee on Agriculture and Internal Improvements ; and also, The petition of W. H. Baker, praying compensation for a negro who died in the Service of the State ; which was referred to the Committee on Claims and Grievances ; and also, The petition of " The Right Worthy Southern Grand Lodge of the Inde¬ pendent Order of Odd Fellows, of the State of South Carolina/' praying incorporation; which was referred to the Committee on Incorporations and Engrossed Acts. Mr. ARTHUR also gave notice that to-morrow he will ask leave to intro¬ duce a Bill entitled A Bill to authorize the banks of this State to issue small bills. Mr. BOYLE presented the petition of B. E. Kiddell, praying a return of a portion of war tax illegally collected; which was referred to the Commit¬ tee on Finance and Banks. Mr. MURRAY presented the petition of sundry planters on John's Island, for remission of certain taxes upon property lost or abandoned to the enemy; which was referred to the same Committee. The PRESIDENT laid before the Senate the report of the Comptroller General; which was referred to the same Committee. Mr. HOPE gave notice that to-morrow he will ask leave to introduce Mr. Arthur, Simkins, Wortham, Bonneau, Houser, Miller, Roberds, McCaw, Fickling, Moses, for Richland, Edgefield, All Saints', Christ Church, St. Matthew's, Spartanburg, St. Peter's, for 1861 and 1862, York, St. Luke's, for 1861 and 1862, Claremont, or Sumter, Wednesday, November 26. 41 A Bill to alter and amend certain sections of the road law of 1825. Mr. SESSIONS presentedtthe petition of Wm. Carter, for payment for services rendered as Deputy Marshal in 1860; which was referred to the Committee on Claims and Grievances. Mr. GARLINGTON presented the petition of Chief Justice O'Neall, praying an appropriation for paying a quarter's salary due Thomas J. Gantt, late Clerk of the Court of Appeals; which was referred to the Com¬ mittee on Claims and Grievances. Mr. ROBERDS presented the petition of Dr. N. H. Johnston, praying payment of a medical account ; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. Mr. LESESNE presented the petition of the Trustees of the Marine School of Charleston, for aid; which was referred to the Committee on Commerce, Manufactures and the Mechanic Arts. At half-past 12, P. M., a Message was announced to the Senate from his Excellency the Governor; which was received in Secret Session. At the adjournment of the Secret Session, and when the regular Session was resumed, Mr. LESESNE presented the petition of the Bank of Charleston, S. C., asking an amendment of charter; which was referred to the Committee on Finance and Banks; and also, The memorial of the Charleston Savings' Institution, for amendment of charter; which was referred to the Committee on Incorporations and En¬ grossed Acts; and also, The report of the Commissioners of the Deaf, Dumb and Blind, with the reports of the officers of the institution ; which was referred to the Com¬ mittee on the College, Education and Religion, and three hundred copies were ordered to be printed. Mr. THOMSON presented the petition of James Gillam, to he refun¬ ded a Confederate Tax twice paid; which was referred to the Committee on Finance and Banks. SPECIAL ORDER FOR 1 O'CLOCK, P. M. The Senate proceeded to the Special Order for this hour, the reference of Message No. 1 of his Excellency the Governor. Mr. GARLINGTON moved the resolution which follows; the same having been first amended by the Senate, on motion of Mr. MOSES, as follows : namely,—that the subject-matter embraced in clause No. 4 be re¬ ferred to a Special Committee, consisting of one member from each Con¬ gressional District—the reference in the original resolution providing that the subject-matter be referred to the Committee on the Judiciary. 6 42 JOURNAL OF THE SENATE, Resolved, 1. That so much of the Message of his Excellency the Governor as relates to the Military of the State and the reports of Military Officers ; to the organization of a State Guard and Local Police; to the Military Acade¬ mies, arsenals, depots for arms and the State Armory; to the Boards of Ord¬ nance and Military Supplies; to the saltpetre plantation ; to the relief of families of deceased soldiers ; to the appointment of an Agent at Richmond to attend to the wants of sick and wounded soldiers from this State ; and so much as relates to the impressment or organization of slave labor for milita¬ ry purposes; be referred to the Committee on the Military and Pensions. 2. That so much as relates to the Banks of the State, finance and the currency; to taxation, the Confederate Wat Tax, a change in the val¬ uation of taxable property, and to the expenditures of moneys; to the con¬ solidation of the two Treasuries and to reports of the Officers of the Treasury Department; to the appropriations by the Confederate Congress for and on account of certain military expenditures of this State; to claims of this State against the Confederate Government, and to the compensation of the Hon. Wilmot G. DeSaussure, Secretary of the Treasury, for services rendered in relation to said claims; and so much as relates to provision for ihe relief of families of soldiers in service, be referred to the Committee on Finance and Banks. 3. That so much as relates to the suggested change in the election of Governor, and the increase of the powers of the Executive; to the appoint¬ ment of certain Officers by the Governor, with the concurrence of the Senate, and to the right of suffrage; to Provost Marshals and their Courts; to a modification of the Law to " extend relief to Debtors, and to prevent the sacrifice of property at public sales," and to undue speculation in bread- stuffs, be referred to the Committee on the Judiciary. 4. That so much as relates to such Ordinances of the Convention and proceedings of the Governor and Council, as have been referred by the Convention to this Legislature, with accompanying documents, and to the Constitution, powers, continuation, modification or abolition of the Execu¬ tive Council, be referred to a Special Committee, consisting of one from each Congressional District. 5. That so much as relates to Education and the v South Carolina College, be referred to the Committee on the College, Education and Re¬ ligion. 6. That so much as relates to the Lunatic Asylum and the Institution for the Deaf, Dumb and Blind, be referred to the Committee on the Luna¬ tic Asylum and Medical Accounts. 7. That so much as relates to the Marine School in the City of Charles¬ ton, and manufacture of Salt, be referred to the Committee on Commerce, Manufactures and the Mechanic Arts. WEDNESDAY, NOVEMBER, 26. 43 & That so much as relates to the Report of the Superintendent of the State House, be referred to the Committee on the New State House. 9. That so much as relates to the distillation of spirits from grain, be re* ferred to the Committee on Agriculture and Internal Improvements. The resolution, as amended, was agreed to, and the Message was re¬ ferred accordingly. The following papers, having been taken from the table, were referred as follows: The petition of citizens of All Saints' Parish, protesting against the re- turn of the Managers declaring J. J. Wortham elected to the Senate from that Parish, to the Committee on Privileges and Elections; Returns of Commissioners of Free Schools, for Lexington, Marlboro', Newberry, St. Bartholomew's, St. James', Santee, to the Committee on the College, Education and Religion ; The petition of Rev. B. B. Sams, to be refunded a Confederate War Tax, to the Committee on Finance and Banks; The Report of the Commissioner on the Code, to the Committee on the Judiciary. Leave of absence for a few days was granted to Mr. Bonneau, Senator from Christ Church. Mr. THOMSON presented the petition of John R. Ellis, praying that an error in his War Tax may be corrected, and upon payment of the sum actually due, he may receive an acquittance for the same; which was referred to the Committee on Finance and Banks. Mr. MAZYCK gave notice that to-morrow he will ask leave to introduce the following Bills: A Bill to provide against dearths of salt; A Bill to incorporate the Wando, Wambaw and Winyaw Canal Company. Mr. E. H. MILLER presented the petition of citizens of Williamsburg District, praying the opening of a new road, to be known as the Singletary Road; which was referred to the Committee on Roads and Buildings. Mr. WARE presented the petition of Reuben Smith, praying to be re¬ funded an amount improperly paid as a War Tax; which was referred to the Committee on Finance and Banks. Mr. McCAW presented the petition of citizens of York District, on the subject of a tax for the support of the families of indigent soldiers; which was referred to the same Committee. Mr. ARTHUR presented the report of the Regents of the Lunatic Asylum; which was referred to the Committee on the Lunatic Asylum and Medical Accounts, and five hundred copies'were ordered to be printed. 44 JOURNAL OF THE SENATE, Mr. MOSES presented the petition of Isaac W. Lenoir, praying to he refunded a tax illegally paid; which was referred to the Committee on Finance and Ranks ; and also, The petition of James V. Brunson, Jailor, for an increase of fees; which was referred to the Committee on the Judiciary. Mr. "WILSON presented the petition of sundry voters of All Saints' Parish, protesting against the returns of the Managers in the case of the sitting member from that Parish; whieh was referred to the Committee on Privileges and Elections. Mr.. LESESNE gave notice that he will ask leave, to-morrow, to introduce A Bill to alter and amend the charter of the Bank of Charleston, S. C.; also, A Bill to enable the Charleston Savings' Institution to purchase and hold real property. Mr. LESESNE also presented the petition of the stockholders of the privateer Jefferson Davis, for the cancellation of a bond executed to the •State for armament; which was referred to the Committee on Finance and Banks. Mr WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the office of Secretary of State vacant; and On motion of Mr. ARTHUR, a message was sent to the House, proposing to go into a ballot for that officer to-morrow, at half-past 1, P. M. On motion of Mr. MAZYCK, the Senate adjourned at ten minutes to 2, P. M. THURSDAY, NOVEMBER 27, 1862. The Senate met at 12 o'clock, M. Prayer by the Rev. Mr. Breaker. The Clerk read the Journal of the proceedings of yesterday. Hon. S. W. PALMER, Senator from St, Stephen's, appeared in hjs seat in the Senate, and was added to the Committees on Agriculture and Inter¬ nal Improvements, and Incorporations and Engrossed Actsi Pursuant to notice, and with,leave of the Senate, the following Bills were introduced, received their first reading, an d^ were referred as follows : THURSDAY, NOVEMBER 27. 45 By Mr. HOPEj A Bill to alter £nd amend certain sections of the Road Law; which was referred to the Committee on Roads and Buildings. By Mr. ARTHUR: A Bill to authorize the Banks to issue small bills; which was referred to the same Committee. By Mr. MAZYCK: A Bill to provide against the dearth of salt ; which was referred to the Committee on Commerce, Manufactures, and the Mechanic Arts; and also, A Bill to incorporate the Wando, Wambaw, aud Winyaw Caual Compa¬ ny ; which was referred to the Committee on Agriculture and Internal Im¬ provements. By Mr LESESNE : A Bill to enable the Charleston Savings' Institution to purchase and hold real property; which was referred to the Committee on Incorporations and Engrossed Acts ; also, A Bill to alter and amend the charter of the Bank of Charleston, South, Carolina; which was referred to the Committee on Finance and Banks. Returns of Commissioners of Free Schools, for 1861, were presented by and they were referred to the Committee on the College, Education and Religion. Mr. BLAKENEY presented the petition of the Soldiers' Board of Re¬ lief for Chesterfield District, and citizens generally, to increase the tax for the relief of soldiers' families ; which was referred to the Committee on Finance and Banks. Mr. LESESNE presented the petition of James H. Marshburn, to be re¬ lieved trom an improper assesment of War Tax ; which was referred to the same Committee; The petition of Geo. W. Wilkie, agent of Miss Ball, praying to be re-> lieved from an improper assesment of a War Tax; which was referred to the same Committee. Mr. WARE presented the petition of the Board of Commissioners of Roads for the Upper Division of Greenville District, praying the right to discontinue a section of a public road as such; which was referred to the Committee on Roads and Buildings ; also, Mr. Furman, Beaty, Thomson for St. Thomas' and St. Dennis', Union, Abbeville, 46 JOURNAL OP THE SENATE, The petition of the Board of Commissioners of Roads of the Upper Division of Greenville District, in relation to the JonSs' Gap Turnpike Road ; which was referred to the same Committee. Mr. MOSES presented the petition of G. S. C. DeSchamps, that a tax improperly paid be refunded; which was referred to the Committee on Finance and Banks. Mr. BOYLE presented the petition of W. C. Meggett, praying to be refunded a portion of the War Tax, illegally collected; which was referred to the same Committee. Mr. W. D. JOHNSON presented the petition of John W. Williams, praying to be refunded $22 50, War Tax improperly paid; which was referred to the same Committee. Mr. GARLINGTON presented the petition of T. Alfonse Jackson, Con¬ federate States Engineer, in charge of construction Confederate States Navy Powder Mills, praying a renewal of lease of Columbia Canal; which was referred to the Committee on Agriculture and Internal Improvements. Mr. MOSES called up a resolution, offered by him yestferday, and the resolution was agreed to, as follows : t Resolved, That at the end of the 14th Rule of Senate, the following words be added: 16th. A committee on printing. Mr. WILSON offered the following resolution : Resolved, That his Excellency the Governor be respectfully requested to furnish the Senate with all information concerning the disbanding of the 4th and 10th Regiments of Reserves. The resolution was considered, and agreed to. Mr. GARLINGTON presented the Annual Report of the President and Directors of the Bank of the State of South Carolina; which was referred to the Committee on Finance and Banks, and was ordered to be printed. Mr. SIMKINS presented the petition of James M. Richardson, praying, that rights 'of legitimacy may be conferred on James Madison Richard¬ son, an illegitimate; which was referred to the Committee on the Judiciary. At 1, P. M., the Senate went into Secret Session, and so continued until twenty minutes to 3, P. M., when tbe doors were opened and the regular session resumed. The PRESIDENT announced the following gentlemen of the Committee composed of one member from each Congressional District, to which had been referred that portion of the Governor's Message No. 1 referring to FRIDAY, NOVEMBER 28. 47 the Executive Council and the Ordinances of the Convention concerning the same, namely: Messrs. F. J. Moses, A. C. Garlington, T. Edwin Ware, F. W. Fickling, B. H. Wilson, and H. D. Lesesne. Mr. LESESNE presented the ,account of Evans & Coggswell, for print¬ ing the Code of the Statute Law of the State; which was referred to the Committee on Claims and Grievances Mr. WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the offices of Solicitor of the Middle Circuit and Solicitor of the Western Circuit vacant. On motion of Mr. GARLINGTON, a message was sent to the House of Representatives, proposing to go into a ballot for the office of Solicitor of the Middle Circuit to-morrow, at 1, P. M., and immediately thereafter, for Solicitor of the Western Circuit. On motion of Mr. LESESNE, the Senate adjourned at fifteen minutes to 3, P. M. FRIDAY, NOVEMBER 28, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Shand. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATORS. Hon. James W. Harrison, Senator elect from Anderson, appeared at the Clerk's desk and presented his credentials. The oath was administered, and he took his seat, and he was added to the Committees on the Military and Pensions, and the Judiciary. Hon. W. R. JOHNSON appeared in his place in the Senate Chamber, and was added to the Committees on Accounts and Vacant Offices, and on the Lunatic Asylum and Medical Accounts. The PRESIDENT announced the following gentlemen as the Committee on Printing—Messrs. J. W. Harrison, A. Simkins, J. C. McKewn, F. J. Moses, R. L. Hart, F. J. Sessions, E. G. Palmer. 48 JOURNAL OF THE SENATE, Mr. McALILEY offered the following resolution : Resolved, That the Committee on Military and Pensions be instructed forthwith to introduce a Bill to provide for effecting the organization, and putting in camp, of all persons capable of bearing arms, and not in actual service; and in said Bill the election of field officers to be given to the respective battalions and regiments. The resolution being before the Senate for consideration, Mr. MOSES offered the following as a substitute : That the Committee on the Military and Pensions be instructed, at the earliest practicable moment, to consider and report on the matters referred to them, touching the organization of the military of the State. The amendment was agreed to; and the resolution, as amended, was agreed to by the Senate. Mr. HARRISON presented the petition of the Field Officers elect of the Fourth Regiment of Reserves, praying that the said regiment be not disbanded; which was referred to the Committee on Military and Pensions. Mr. KEITT presented the petition of Lewis M. Ott, praying compensa¬ tion for the loss of a negro, by disease contracted in the public service; which was reierfed to the Committee on Claims and Grievances. The following resolutions were offered by Mr. GARLINGTON : Resolved, 1. That a division of the powers of Government, into the three great departments, the Executive, Judicial and Legislative, is a funda¬ mental principle of constitutional liberty. Resolved, 2. That to vest the Executive powers in a number of Magis¬ trates, of equal dignity and power, or to place the ostensible Executive un¬ der the control of associate Magistrates, is to weaken the Executive Depart¬ ment, by destroying its unity, and impairing its. energy and responsibility; and leads to dissensions and distraction in the administration of the laws, and in carrying on the operations of the Government. Resolved, 3. That in the opinion of this General Assembly, the consti¬ tution of the present Executive Council conflicts with the principles and policy asserted by the foregoing resolutions : And whereas the Convention of the people of this State, by an Ordi¬ nance entitled an Ordinance to amend an " Ordinance for strengthening the Executive Department during the exigencies of the present war," passed on the seventeenth day of September, in the year of our Lord one'thousand eight hundred and sixty-two, declared and ordained, " that the General Assembly shall have power, by act of the Legislature, to modify the Con¬ stitution of the Executive Council, by reducing the number thereof, or re- FRIDAY, NOVEMBER 28, 49 stricting the powers conferred thereupon by the Ordinance of the Conven¬ tion, or wholly to abolish the said Council; " Be it therefore Resolved, 4. That the Executive Council, ought to and should be, abolished, and the Government restored to its regularly constituted authorities ; and that the Committee on the Judiciary be, and are hereby, instructed to report a Bill for that purpose. Resolved, 5. That the Special Committee, heretofore raised to consider that part of the Message No. 1 of his Excellency the Governor which re¬ lates to the constitution, powers, proceedings, &c., of the Executive Coun¬ cil, do inquire and report whether an Advisory Council for the Governor be necessary to aid him in the discharge of the duties -of his office, ren¬ dered more onerous and important by'the exigencies of the present war. The resolutions were made the Special Order of the Day for Saturday, at 1 o'clock, P. M., and were ordered to be printed. Mr. LAWTON presented the memorial of B. H. Brown, and others, Soldier's Board of Relief for Barnwell District, asking an additional assess¬ ment to meet the current expenses of the past year; which was referred to the Committee on Finance and Banks. Mr. E. EL MILLER presented the petition of A. W. Dozier, praying to be refunded a tax unlawfully paid ; which was referred to the same Com¬ mittee. Mr. LESESNE gave notice that he will ask leave, to-morrow, to intro¬ duce A Bill to incorporate the Importing and Exporting Company of South Carolina. Mr. HOUSER presented the account of Dr. R. W.Bates, for post mortem examination ; which was referred to the Committe on the Lunatic Asylum and Medical Accounts. Mj. J. W. MILLER offered the following resolution ; which was agreed to, and the Committee was instructed accordingly: Resolved, That the Committee on Military and Pensions be instructed to inquire and report upon the expediency of so amending the existing laws as to declare vacant all militia offices at present filled by persons under the age of forty-five years ;' and of further so amending the law as to provide for filling those offices only from among those over forty-five and those ex¬ empted from military service. Mr. WILSON presented the report of the Commissioners of the Poor of Georgetown District, for disbursements of the Transient Poor Fund, and 7 50 JOURNAL OF THE SENATE, petition for appropriation; which was referred to the Committee on Finance and Banks. The PRESIDENT laid before the Senate proposals from R. W. Gibbes, for the public printing; which was referred to the Committee on Public Printing. Mr. MOSES, in behalf of the Judiciary Committee, submitted a report, recommending that a message be sent to the House of Representatives, pro¬ posing that the Committee on the Judiciary of the two Houses act jointly in considering the report of the Commissioner on the Code, The report was agreed to, and the message was sent accordingly. Mr. McALILEY, from the Committee on Finance and Banks, submitted the following reports, which were ordered for consideration to-morrow: Favorable reports on The petition of James Gillam, praying to be refunded a Confederate War Tax twice paid; The petition of John R. Ellis, praying that an error in his Confederate War Tax may be corrected ; The petition of Isaac W. Lenoir, praying to be refunded a tax illegally paid; The petition of sundry planters of John's Island, praying that taxes on property lost or abandoned be remitted; The petition of James H. Marshburn, praying to be relieved from an improper assessment of War Tax; The petition of B. E. Kiddell, praying a return of portion of War Tax illegally collected; A Bill to alter and amend the charter of the Bank of Charleston, South Carolina; A Bill to authorize the Banks to issue small bills; The petition of the stockholders of the Privateer Jefferson Davis, pray¬ ing the cancellation of a bond executed to the State for armament; The petition of William C. Meggett, praying to be refunded a War Tax illegally paid. Unfavorable reports on The petition of S. C. DeSchamps, praying the refunding a tax improperly paid; The petition of Reuben Smith, praying to be refunded an amount improp¬ erly paid on W&r Tax; The petition of John W. Williams, praying to be refunded a War Tax improperly paid. Mr. HOPE submitted the Report of the Committee on Roads and Buildings; on SATURDAY, NOVEMBER 29. 51 A Bill to alter and amend certain sections of the Road Law; which was ordered for consideratien to-morrow, and to he printed. Mr. MANNING- presented the petition of William Ransom Davis and Others, praying that Neilson's Ferry he re-chartered and vested in W. Ran¬ som Davis; which was referred to the Committee on Roads and Buildings. Mr. Garlington offered the following resolution, which was agreed to: Jiesohed, That his Excellency the Governor be requested to communi¬ cate to the Senate, as soon as it may be practicable, printed copies of all orders, rules, and regulations of the Governor and Council altering, modi¬ fying, or repealing the Military Laws passed by the Legislature of this State; and that he also furnish to the Senate a statement showing the num¬ ber of men in the State liable to military duty, in the following classes, to wit: Those between thirty-five and forty, forty and forty-five, and forty-five and fifty. On motion of Mr. MOSES, the Senate adjourned at half-past 1, P. M. SATURDAY, NOVEMBER 29, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Kennedy. The Clerk read the Journal of the proceedings of yesterday. The Hon. W. Izard Bull appeared in his seat in the Senate. The PRESIDENT laid before the Senate the Report of the Comptroller General, on the subject-matter of the petition of Thos. B. Clarkson, for himself and for the estate of Wm. Clarkson, deceased, praying to be re¬ funded a tax illegally collected; which was referred to the Committee on Finance and Banks; also, A communication from B. F. Arthur, Clerk of the State Convention, accompanying the Proceedings of that Body, laid before the Senate by its order. Mr. ARTHUR presented the account of T. J. Goodwyn, M. D., for medical services rendered to prisoners in jail; which was referred to the Committee en the^Lunatic Asylum and Medical Accounts. 52 JOURNAL OF THE SENATE, Mr. BLAKENEY presented the Return of the Commissioners of Free Schools for Chesterfield District; which was referred to the Committee on the College, Education, and Religion. Mr. MAXWELL presented the return of the Commissioners of Free Schools for Pickens District; which was referred to the Committee on the College, Education, and Religion. Mr. HARRISON offered a preamble and resolution in reference to the* Eighth Regiment of Reserves, recently tendered for military service in the Confederate Army; which was referred to the Committee on Military and Pensions; and also, Petition of sundry citizens of Anderson District, praying that provision may be made for the families of soldiers; which was referred to the Com¬ mittee on Finance and Banks. Mr. MAXWELL submitted the presentment of the Grand Jury of Pickens District, for Fall Term, 1862. So much as referred to compensation to treasurers of Soldiers' Relief As¬ sociations, was referred to the Committee on Finance. So much as referred to license to distill whiskey, to the Committee on the Judiciary. Mr. HARRISON presented the memorial of sundry citizens, on distilla¬ tion of liquor from grain; which was referred to the Committee on the' J udiciary. The following messages were received from the House of Representa¬ tives : In the House of Representatives, Nov. 28, 1862. Mr President, and Gentlemen of the Senate : The House respectfully concurs with the Senate, that the Judiciary, Committee of the House act with the Judiciary Committee of the Senate, as a Joint Committee, on the Report of the Commissioner of the Code. By order of the House, • A. P. ALDRICH, Speaker. In the House of Representatives, Nov. 28,1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate, that the Committees of the Senate and House, to whom were referred so much of Message No, 1 of his Excellency as relates to the Executive Council, and kindred matters, act together as a Joint Committee. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred in the last message. SATURDAY, NOVEMBER 29. 53 ^ The following message was received from the House of Representatives: In the House of Representatives, Nov. 28, 1862. Mr. President-, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Solicitors of the Middle and Western Circuits to-morrow, at half-past 12, P. M.; and also, to go into an election for Secretary of State, on Tuesday next, at half-past 1, P. M. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred, and thereupon proceede'd to the House and joined in the ballot. Messrs. Arthur and.Beaty were appointed the Committee of the Senate to count the ballots. The following message was received from the House of Representatives: In the House of Representatives, Nov. 28, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Surveyor General to-morrow, at three-quarters past 12 o'clock, P. M. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred, and, at the hour designated, joined the House in the ballot. Messrs. Blakeney and Boykin were appointed the Committee on the part of the Senate to count the ballots. Mr. McAILEY presented the return of the" Commissioners of Free Schools for Chester District; which was referred to the Committee on the College, Education and Religion; and also, The report of the Committee on Finance and Banks, on the petition of Rev. B. B. Sams, praying to be refunded a Confederate War Tax; which was ordered for consideration on Monday next. Mr. MOSES, from the Special Joint Committee on so much of Message No. 1 of his Excellency as relates to the constitution, powers, continua¬ tion, modification, and-abolition of the Executive Council, reported A Bill to abolish the Executive Council, established by the Ordinance of the Convention, entitled " An Ordinance for Strengthening the Executive Department during the Exigencies of the Present War." The Bill received its first reading, and was made the Special Order of the Day for Monday next, at 1 o'clock, and was ordered to be printed. 54 JOURNAL OF THE SENATE, Mr. OARLINGTON presented the petition of Mrs. Huntington and others, praying that the State authorities may furnish corn to the families of soldiers in service at reasonable prices; which was referred to the Special Committee just raised. Mr. FICKLING submitted the report of the Committee on Privileges and Elections, on two petitions from sundry citizens and voters of All Saints' Parish, praying that the seat of the sitting member from that Parish bo vacated. The Committee ask leave to send for persons and papers. Their report was agreed to, and the leave granted. Mr. JOHNSON presented' the return of the Commissioners of Free Schools for Marion District, for the year 1862; which was referred to the Committee on the College, Education and Religion. Mr. HOPE offered the following resolution : Resolved, That a Special Committee of one from each Congressional Dis¬ trict, he appointed to take charge of the subject of affording relief to fami¬ lies of soldiers in actual service, and that said Committee report a plan to raise funds to meet the pressing necessities of said families. The resolution was agreed to, and the PRESIDENT appointed Messrs. J. C. Hope, W. D. Johnson, S. W. Palmer, G. W. Oswald, Robert Beaty, and J. L. Manning, the Committee. The PRESIDENT laid before the Senate proposals of C. P. Pelham for public printing; which were referred to the Committee on Public Printing. Mr. E. G. PALMER submitted the report of the Committee on Agricul¬ ture and Internal Improvements, on A Bill to incorporate the Wando, Wambaw and Winyaw Canal Company; which was ordered for consideration to-morrow, and the Bill and Report ordered to be printed. Mr. HART submitted the presentment of the Grand Jury for Darlington District, Fall Term, 1862 ; which was read, and So much as refers to soldiers families, was referred to the Special Com¬ mittee on that subject, and So much as refers to the Poor Tax, was referred to the Committee on the Judiciary. Mr. LESESNE presented the schedule of Free School Parishes for the year ending Sept. 30, 1862; which was referred to the Committee on the College, Education and Religion; and also, The abstract of the number of Transient Poor in the City of Charleston the past year, and of expenditure for the relief of the same; which was referred to the Committee on Finance and Banks. Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬ duced SATURDAY, NOYEMBER 29. 55 A Bill to incorporate the Importing and Exporting Company of South Carolina; which received the first reading, and was referred to the Com¬ mittee on Incorporations and Engrossed Acts. Mr. LESESNE also presented the petition of John Williamson, to be refunded a portion of War Tax paid on an error of assessment; which was referred to the Committee on Finance and Banks. Mr. HARRISON gave notice that he will, on Monday next, introduce A Bill to provide a District Police Guard of Military Cadets; also, A Bill to afford relief to the families of soldiers, and for other purposes. The Senate proceeded to the Special Order of the. day for 1 o'clock, P. M. Resolutions introduced by the Senator from Newberry in relation to the Governor and Council. On motion of Mr. GARLINGTON, the Special Order was discharged, and the same subject-matter was made the Special Order for Monday, at 1 o'clock, in conjunction with the Bill reported by the Special Committee. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The Reports of the Committee on Finance and Banks: On the petition of James Gillam, praying to be refunded a Confederate War Tax twice paid; On the petition of John R. Ellis, praying that an error in his Confede¬ rate War Tax may be corrected; On the petition of Isaac W. Lenoir, praying to be refunded a tax illegally paid; On the petition of B. E. Kiddell, praying a return of a portion of War Tax illegally collected; On the petition of the Stockholders of the Privateer Jefferson Davis, praying the cancellation of a bond executed to the State for armament; Which were agreed to, and were ordered to be sent to the House of Rep¬ resentatives for concurrence. The following unfavorable reports were agreed to by the Senate : The reports of the Committee on Finance and Banks— Oil the petition of James H. Marshburn, praying to be relieved from an improper assesment of War Tax; On the petition of Wm. C. Meggett, praying to be refunded a War Tax illegally paid; On the petition of S. C. DeSchamps, praying the refunding of a tax im¬ properly paid; On the petition of Reuben Smith, praying to be refunded an amount im¬ properly paid on War Tax; 56 JOURNAL OF THE SENATE, On the petition of John W. Williams, praying to be refunded War Tax improperly paid; The report of the Committee on Roads and Buildings, on A Bill to alter and amend certain sections of the Road Law, was, On motion of Mr. HOPE, ordered to be placed on the General Orders for Monday. The reports of the Committee on Finance and Banks, on A Bill to alter and amend the charter of the Bank of Charleston S. C., and the report of the same Committee on A Bill to authorize the Banks to issue small bills, were ordered to be placed in the general orders for Monday, and to be printed. The General Orders were disposed of. Mr. ARTHUR, from the Committee appointed to count the votes for Solicitors of the Middle and Western Circuits, reported, that for the former Mr. Simeon Fair, and for the latter Mr. Jacob P. Reed, had received a ma¬ jority of the ballots, and they were declared by the President duly elected to those offices respectively. Mr. BLAKENEY, from the Committee to count the ballots for Surveyor General, reported that Mr. William F. Ervin had received a majority of the ballots cast, and he was declared by the President duly elected accordingly. Mr. McALILEY presented the memorial of Giles J. Patterson, in rela¬ tion to the office of Commissioner in Equity for Chester District; which was referred to the Committee on Accounts and Vacant Offices; Mr. LESESNE presented the memorial of the Loan and Building Asso¬ ciations, for a continuance of the Act authorizing the suspension of instal¬ ments ; which was referred to the' Committee on Incorporations and En¬ grossed Acts; and also, the following memorials : » Of the Sweedish Iron Company, for amendment of charter; Of sundry citizens, for the charter of the Carolina Cotton and Woolen Factory ; Of sundry citizens, for the charter of a Railroad to enable the Iron Com¬ panies in Union, Spartanburg and York Districts to obtain coal from the coal fields of North Carolina ; which were referred to the Committee on In¬ corporations and Engrossed Acts. Mr. LESESNE gave notice that he will ask leave, on Monday, to intro¬ duce A Bill to incp#fc>rate the Carolina Cotton and Woolen Factory ; also, A Bill to amtjjpPthe charter of the Sweedish Iron Manufacturing Com¬ pany. Mr. THOMSON gave notice that, on Monday, he will ask leave to in¬ troduce A Bill to organize and provide for a District Police force. MONDAY, DECEMBER 1. 57 The House of Representatives sent to the Senate the report of the Special Committee of Six upon the Message No. 2 of his Excellency, and the-accompanying papers, and sundry resolutions; which were referred to the Committee on Military and Pensions; and also, Resolutions in relation to the unexampled bravery and heroism of our State troops; which were ordered for consideration, and were unanimously concurred in, and returned to the House of Representatives. On motion of Mr. HOPE, the Senate adjourned at a quarter to 2, P. M. MONDAY, DECEMBER 1, 1862. The Senate met at 12 o'clock, M. Prayer by the Rev. Dr. Palmer. The Clerk read the Journal of the proceedings of Saturday. ADDITIONAL SENATOR. Hon. M- T. Appleby, Senator elect from St. George's, Dorchester, appeared at the Clerk's desk, and presented his credentials. The oath was administered, and he took his seat. Mr. BULL was added to the Committee on the Legislative Library, and the Committee on Agriculture and Internal Improvements; and Mr. AP¬ PLEBY was added to the Committee on the Lunatic Asylum and Medical Accounts, and the Committee on Accounts and Yacant Offices. Returns of Commissioners of Free Schools were presented for the fol¬ lowing Districts : Mr. McKewn, for St. James', Goose Creek, Manning, Clarendon, Sessions, Kingston, Boy kin, Kershaw, Ware, Greenville^ and they were referred to the Committee on the CoWp, Education and Religion. Mr. WILSON submitted the report of the Committee on Commerce, Manufactures and the Mechanic Arts, on 8 ' 58 JOURNAL OF THE SENATE, A Bill to provide against dearths of salt, recommending its passage ; which was ordered for consideration to-morrow, and to be printed. Mr. SIMPSON submitted the report of the Committee en Incorpora-, tions and Engrossed Acts, on the memorial of the Charleston Savings' Insti¬ tution, praying an amendment of its charter, and upon A Bill to enable the Charleston Savings' Institution to purchase and hold real property, recommending the passage of the Bill; which was or¬ dered for consideration to-morrow. Mr. ARTHUB presented the petition of Rose Ann Cuningham, who was Rose Ann McElheran; asking a release of the right of escheat to a lot in Columbia ; which was referred to the Committee on the Judiciary. Mr. MOSES offered the following resolution : Resolved, That the Committee on Finance and Banks be instructed to inquire into the expediency of providing by law against the sale of bills of the banks of this State at a premium, so as to make the same a misde¬ meanor, with leave to report by Bill or otherwise. The resolution was considered, and agreed to, and the Committee was in¬ structed accordingly. Mr. SIMKINS introduced the following resolution : Resolved, That it be referred to the Committee on Agriculture, &c., to inquire into the expediency of limiting or discouraging the production of cotton in this State during the next year, and, if deemed expedient, that they report a Bill to carry out that policy. \ The resolution was considered, and agreed to, and the Committee was in¬ structed accordingly. Mr. McCAW presented the petition of citizens of York District, praying the appointment of a Magistrate; which was referred to the Committee on Accounts and Yacant Offices. The Committee on the Judiciary was discharged from the further consid¬ eration of the following papers, viz : Memorial of sundry citizens of this State in relation to the distillation of grain; and So much of the Presentment of the Grand Jury of Pickens District as refers to the distillation of whiskey; and they were referred to the Com¬ mittee on Agricu,JjfcJire and Internal Improvements. Mr. BOYKL&y? Mr. Lesesne, presented the petition of J. Harrison Baker, Captain of the late Privateer Jefferson Davis, to have a bond can¬ celled; which was referred to the Committee on Finance and Banks. Mr. BOYKIN, for Mr. Lesesne, gave notice that to-morrow he will ask leave to introduce MONDAY, DECEMBER 1. 59 A Bill to incorporate, with uniform rights, powers and privileges, Protest¬ ant Episcopal Congregations in South Carolina. Mr. HOPE presented the repait of tlj,e Board of Relief for soldiers' families, asking the Legislature to^isess a per centage on all taxable prop¬ erty in the State, to be distributed amongst the Districts according to the number of beneficiaries in each District; which was referred to the Special Committee on the subject of relief to soldiers' families. Mr. LAWTON gave notice that to-morrow he will ask leave to introduce A Bill to afford indemnity to the manufacturers of salt, and to prevent extortion in its sale. The Committee on Accounts and Vacant Offices was discharged from the further consideration of the petition of Giles J. Patterson, relative to the office of Commissioner in Equity for Chester District; and it was referred to the Committee on the Judiciary. Mr. HARRISON offered the following resolution which was considered: Resolved, by the Senate and House of Representatives, That the Committees on Public Printing, of the Senate and House, be instructed to inquire and report as to the expediency of reducing the public printing. Pursuant to notice, and with leave of the Senate, Mr. HARRISON introduced A Bill to provide a District police guard of military cadets. Thb Bill received the first reading, and was referred to the Committee on Military and Pensions. The Senate proceeded to the . GENERAL ORDERS OF THE DAY. The unfavorable report of the Committee on Finance and Banks, on the petition of Rev. B. B. Sams, praying to be refunded a Confederate War Tax, was agreed to. A Bill to incorporate the Wando, Wambaw, and Winyaw Canal Company, received the second reading, was agreed to, and was ordered to be sent to the House of Representatives, having been first amended, on motion of Mr. THOMPSON, as follows: Fifth section, in first line, strike out "forever"; second line, "whatsoever"; and after "imposition" insert the following: "until the profits and dividends of said company shall reach ten per cent." The Senate proceeded to the 60 JOURNAL OF THE SENATE} SPECIAL ORDER FOR 1 O'CLOCK, P. M. A Bill to abolish the Executive Council established by the Ordinance of the Convention, entitled "An ordinance for strengthening the Executive Department during the exigencies of the present war," reported by the Spe¬ cial Committee on that subject. * Resolutions, introduced by the Senator from Newberry, relative to the Governor and Council. The Bill having been read, the two first resolutions were agreed, to which are as follows : Resolved, 1. That a division of the powers of Government, into the three great departments, the Executive, Judicial and Legislative, is a fun¬ damental principle of constitutional liberty. Resolved, 2. That to vest the Executive powers in a number of Magis¬ trates, of equal dignity and power, or to place the ostensible Executive under the control of associate Magistrates, is to weaken the Executive Depart¬ ment, by destroying its unity, and impairing its energy and responsibility j and leads to dissensions and distraction in the administration of the laws, and in carrying on the operations of the Government. While the third resolution was under consideration, Message No. 3, from his Excellency the Governor, was announced, and was read to the Senate by Mr. F. J. Moses, Jr. The Message, on motion of Mr. GARLINGTON, was ordered to be printed, and to be referred to the Committee on Military and Pensions. The Senate then resumed the Special Order, and the consideration of the third resolution of the Special Order ; which is as follows : Resolved, 3. That in the opinion of this General Assembly, the consti¬ tution of the present Executive Council conflicts with the principles and policy asserted by the foregoing resolutions. Mr. MA^ZCK moved that this resolution do lie on the table; which question was ordered to be decided by yeas and nays. They are as follows : Those who voted in the affirmative, are : Messrs. Boykin, Furman, Mazyck, Murray, Thomson, and Wilson. Those who voted,in the negative, are : Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Beaty, Blake- ney, Boyle, Bull, Ellis, Fielding, Garlington, Harrison, Hart, Hope, Homer, W. D. Johnson, W. R. Johnson, Keitt, Lawton, Manning, Maxwell, Mc- MONDAY, DECEMBER 1. 61 Aliley, McCaw, McKewn, E. H. Miller, J. W. Miller, Moses, Oswald, S. W. Palmer, Roberds, Sessions, Simkins, Simpson, Ware and Wortham. In the affirmative, 6. In the negative, 34. The motion, therefore, did not prevail; and the resolution was then agreed to. The following preamble and resolutions were then agreed to; the fourth resolution having been first amended by striking out the following words, viz : 11 And that the Committee on the Judiciary be, and are hereby, instruct¬ ed to report a Bill for that purpose." % And whereas the Convention of the people of this State, by an Ordi¬ nance, entitled an Ordinance to amend an " Ordinance for strengthening the Executive Department during the exigencies of the present war," passed on the seventeenth day of September, in the year of our Lord one thousand eight hundred and sixty-two, declared and ordained, " that the General Assembly shall have power, by act of the Legislature, to modify the Con¬ stitution of the Executive Council, by reducing the number thereof, or re¬ stricting the powers conferred thereupon, by the Ordinance of the Conven¬ tion, or wholly to abolish the said Council;" Be it, therefore, Resolved, 4. That the Executive Council ought to, and should be, abolished, and the Government restored to its regularly constituted authorities; and that the Committee on the Judiciary be, and are hereby, instructed to re¬ port a Bill for that purpose. Resolved, 5. That the Special Committee heretofore raised to consider that part of the Message No. 1 of his Excellency the Governor which re¬ lates to the constitution, powers, proceedings, &c., of the Executive Coun¬ cil, do inquire and report whether an Advisory Council for the Governor be necessary to aid him in the discharge of the duties ©f his office, ren¬ dered more onerous and important by the exigencies of the present war. A Bill to abolish the Executive Council established by the Ordinance of the Convention, entitled " An Ordinance for strengthening the Executive Department during the exigencies of the present war," received its second reading, was agreed to, and was sent to the House of Representatives. The Senate then, at half-past 3 o'clock, P. M., went into Secret Session. At ten minutes to 4, P. M., the Secret Session terminated, and the regular Session was resumed. The seal of secrecy was removed from the action of the Senate relative to a Bill to organize and provide for a District police. 62 JOURNAL OF THE SENATE, This Bill had been reported by Mr. G ARLINGTON, from the Special Committee to which had been referred a portion of the Message No. 2, by his Excellency the Governor. The Bill received the first reading, and the second reading was made the Special Order of the day for to-morrow at one o'clock, and the Bill and report were ordered to be printed. At eight minutes to 4, P. M., the Senate, on motion of Mr. MANNING, adjourned. TUESDAY, DECEMBER 2, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Gamewell. The Clerk read the Journal of the proceedings of yesterday. The House of Representatives sent to the Senate resolutions 'for the dis¬ tribution of Petigru's Code ; which was referred to the Committee on the Judiciary. Mr. HOPE presented the report of the Committee on Roads and Build¬ ings, on the petition of sundry citizens of Williamsburg District, praying for a new road; which was ordered for consideration to-morrow. Mr. McALILEY presented the following reports of the Committee on Finance and Banks : On the petition of T. Harrison Baker, captain of the Privateer Savannah, to have bond cancelled ; On the report of the Comptroller General on the subject-matter of the petition of Thomas B. Clarkson, for himself and for the esthte of Wm. Clarkson, deceased, praying to be refunded a tax illegally collected; On the petition of John Williamson, praying to be Vefunded a portion of War Tax paid on over assessment; .On the petition of A. W. Dozier, praying to be refunded a tax unlaw¬ fully collected; all of which were ordered for consideration to-morrow. ' Mr. BLAKENEY presented the petition of the Soldiers' Board of Re¬ lief, and citizens generally of Chesterfield District, for the increase of the tax for the relief of soldiers' families; which was referred to the Committee on Finance and Banks. Mr. MAZYCK, for Mr. Lesesne, presented the abstract of the accounts of the Roper Fund, November, 1862 ; which was referred to the same Committee. TUESDAY, DECEMBER 2. 68 The Committee on Finance and Banks was discharged from the considera¬ tion of the petition of sundry citizens of Anderson District, praying that provision may be made for the families of soldiers; which was referred to the Special Committee; and also, From the memorial of B. H. Brown and others, Soldiers' Board of Re¬ lief for Barnwell District, asking an additional assessment to meet current expenses for the past year; which was referred to the same Committee. Mr. ARTHUR presented the petition of Asa Ceorge, praying the aid of the State in the construction of a new revolving cannon; which was re¬ ferred to the Committee on Military and Pensions; and also, The account of E. R. Stokes for binding done for the State ; which was referred to the Committee on Claims and Grievances. ' Pursuant to notice, and with leave of the Senate, Mr. LAWTON intro¬ duced A Bill to afford indemnity to the manufacturers of salt, and to prevent extortion in its sale. The Bill received the first reading, and was referred to the Committee on Commerce, Manufactures and the Mechanic Arts, and was ordered to be printed. Mr. WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the office of Commissioner in Equity for the Districts of Abbeville, Colleton, Lexington and Pickens, vacant; and On motion of Mr. HOPE, a message was sent to the House of Repre¬ sentatives, proposing to go into a ballot for those offices to-morrow, at 1 o'clock, P. M * Mr. FURMAN submitted the favorable report of the Committee on the Lunatic Asylum and Medical Accounts, on the petition of N. H. Johnston, praying payment of a medical account; which was ordered for considera¬ tion to-morrow. The following Messages, from his Excellency the Governor, were com¬ municated to the Senate, and read by Mr. MOORE : MESSAGE NO, 3. STATE OF SOUTH CAROLINA. Head Quarters, ") Columbia, December 2d, 1862. j Gentlemen of the Senate and Souse of Representatives : I herewith hand over to you, for safe keeping, four flags, or banners, taken by our heroic and brave men, under the command of their gallant officers. General Jenkins delivered to me the Michigan banner, and Captain Mc- Cord delivered the other three. I send with this copies of their letters to 04 JOURNAL OF THE SENATE, me, and iny replies. You will see that they were taken upon the bloodiest fields of battle. I think some order ought to be taken, directing them to be properly pre¬ served, as banners upon whose staff the names of our brave young men who are immediately identified with their capture shall he handed down to pos¬ terity, for their love and admiration. One was taken by private Henry Brandes, of Captain McCord's company, Hampton Legion, in the battle of the 30th of August, 1862, at Manassas No. 2, under command of Lieutenant Colonel Geary. Another was taken by Lieutenant B. E. Nicholson, in Captain Watson's company " B," Plamp- ton Legion, in the same battle. Another was captured by Lieutenant E. A. Thomas, of the Washington Light Infantry, Hampton Legion, in the battle of the 29th of August, 1862, at Manassas No. 2. The other was the flag of the sixteenth Michigan Regiment, and was taken at the battle of the 27tli of June last, near Richmond, by the Palmetto Regiment of Sharp¬ shooters, commanded by Colonel, now General, Jenkins. F. W. PICKENS. On motion of Mr. BURYE A, the Message and accompanying documents was referred to the Committee on the Military. Message No. 4 of his Excellency the Governor was then received, and was read by his Private Secretary, F. J. Moses, Jr. MESSAGE N0. 4. STATE OF SOUTH CAROLINA. Hi;ad Quarters, December 1, 1862. Gentlemen of the Senate and House of Representatives: I have been directed by the Board of Trustees of the College, to com¬ municate all the facts in relation to the suspension of the College exercises, and of the occupation of the building for hospital purposes. In conformity with this, I herewith transmit the papers. It is important for the Legislature to decide whether the College shall remain suspended during the war, or whether it shall be re-opened, at least for all under the age of eighteen. I would most respectfully recommend that it should be kept open in some modified plan for the present, subject to the admission of all not liable to Confederate Conscription. With that view, I recommend a great modification df the regular requirements for the collegiate course of studies. It is to be hoped that many will be applicants to enter on these modified arrangements. F. W. PICKENS. TUESDAY, DECEMBER 2, 1862. 65 MESSAGE NO. 5. STATE OF SOUTH CAROLINA. . Head Quarters, Columbia, December 2d, 1862. Gentlemen of the Senate and House of Representatives : Under a resolution of the last Legislature, I sent, in the summer of 1861, twenty thousand dollars on to Virginia for the use of our sick and wounded, who were suffering so much after the battle of Manassas. This fund was placed in a bank, subject to the draft of the senior Colo¬ nel from South Carolina, which was Colonel Kershaw. All drafts were subject to his approval, to be given out to the different regiments, upon proper requisitions made by the commanding officer of the regiments from this State. All but thirteen thousand four hundred and.eighty-two dollars and fifty cents has been accounted for, and this sum was, by the action of the last Legislature, placed at the disposal of the Rev. R. W. Barnwell. His report on the disbursement of this fund was not received in time to be sent in with my first Message. I now transmit the same herewith. I have no doubt but that the disposition of this fund has been a great blessing to our suffering soldiers, and would most respectfully urge, as I have heretofore done, that an amount be set aside, subject either to the order of the Governor, or of some agent, whose duty it will be to see that our sick and wounded shall not suffer. I know of no better system to be adopted than that which has been so benevolently inaugurated by the Rev. Mr. Barnwell. • The benefits of the system ought to be extended to our troops in the Western army also. It is our sacred duty to see that our hrave men are not neglected in any part of the service. Perhaps an agent might be ap¬ pointed, with militaiy rank, whose duty it should be to visit our troops wherever they are, and the Governor might be entrusted with a specific fund to supply the wants of our men wherever there is suffering, upon re¬ quisition made by this agent. F. W. PICKENS. Message No. 4 was referred to the Committee on the College, Education and Religion, and the others were referred to the Committee on Military and Pensions. Mr. J. W. MILLER submitted the presentment of the Grand Jury of Spartanburg District, Fall Term, 1862; which was read, and 9 66 JOURNAL OF THE SENATE, So much as relates to public buildings, bridges and roads, was referred to the Committee on Roads andxBuildings ; So much as refers to the distillation of grain, was referred to the Com¬ mittee on Agriculture and Internal Improvements; So much as relates to the procuring of salt, to the Committee on Com¬ merce, Manufactures and the Mechanic Arts ; And the remainder of the presentment was ordered to lie on the table. Leave of absence, from the 3d to the I2th inst., was granted to the Sena¬ tor from St. Peter's. Pursuant to notice, and with leave of the Senate, Mr. HARRISON in¬ troduced A Bill to afford relief to the families of soldiers in the military service. The Bill received the first reading, and was referred to the Special Com¬ mittee on the subject of soldiers' families, and was ordered to be printed. Mr. MANNING- presented the petition of J. J. Belser, for compensation for a sj^ve executed; which was referred to the Committee on Claims and Grievances. Mr. McKEWN submitted the favorable report of the Committee on the Lunatic Asylum and Medical Accounts, On the account of Dr. T. J. Goodwyn, for services rendered to prisoners in jail; which was ordered for consideration to-morrow. At 1, P. M., the Senate proceeded to the SPECIAL ORDER FOR THIS HOUR. A Bill to organize ind provide for a District Police. After some time spent in the consideration of the Bill, the Senate, at half-past 1, P. M., proceeded to the House of Representatives, and joined the House in a ballot for Secretary of State. Messrs. Boyle and Bull were appointed the Committee, on the part of the Senate, to count the ballots. The Senate then resumed the Special Order yust suspended, A Bill to organize and provide for a District Police. The following amendments were offered : By Mr. MOSES—Third section, after the word "raise," the following: " and shall have all the powers conferred by the patrol law." Agreed to. By Mr. McCAW—Strike out, in third section, all after the words " to be," and insert " elected by the company." This amendment was rejected. By Mr. HARRISON—Strike out " each," in fifth line, and insert " such;" after the word "State," insert the words, "in which, in the judg¬ ment of the Governor, the same may be necessary." This amendment was rejected. WEDNESDAY, DECEMBER 3, 1882. 87 On motion of Mr. MAZYCK, the Special Order was then discharged, and the same subject was made the Special Order for to-morrow, at 2, P. M. Mr. BOYLE, from the Committee to count the ballots for Secretary of State, reported that 150 votes were cast; that James R. Dufius received 75 vot-s, and W. R. Huntt 75 votes; and 76 being a majority, neither of the gentlemen voted for is, therefore, elected. Leave of absence was granted to the Senator from Newberry from and after to-morrow, until Saturday, on account of sickness in his family; and to the Senator from Prince William's from and after to-morrow, until Mon¬ day, on account of severe indisposition. Pursuant to notice by Mr. Lesesne, Mr. MAZYCK introduced, for him, A Bill to renew aud amend the charter of the Swedish Iron Manufac¬ turing Company of'South Carolina, and to change the name thereof; which received the first reading, and was referred to the Committee on Incorpora¬ tions and Engrossed Acts. At 3, P. M., the Senate went into Secret Session, and so remained until ■20 minutes to 4 o'clock, P. M., when the doors were opened, and the reg¬ ular Session was resumed. On motion of Mr. GARLINGrTON, the Senate then adjourned. WEDNESDAY, DECEMBER 3, 1862, The Senate met at 12, M. Prayer by the Rev. Mr. Jacobs. The Clerk read the Journal of the proceedings of yesterday. The following message was received from the House of Representatives: House of Representatives, December 2, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Secretary of State to-morrow, at half-past twelve, P. M. By order of the House, A. P. ALDRICH, Spealcer. The message was concurred in, and at the time named the Senate joined the House in the ballot. Messrs. Fickiing and Furman were' appointed the Committee, on tlhe part of the Senate, to count the ballots. 68 JOURNAL OF THE SENATE, Mr. MOSES, for Mr. Arthur, presented the claim of W. W. Purse for 1862, for work done in the Senate Chamber; which was referred to the Committee on Claims and Grievances. Mr. MOSES presented the memorial of certain members of the 8th Regiment of Reserves, condemning the policy of drawing so many men from their homes, and their deprivation of the right to elect their field offi¬ cers, and asking Legislative interposition; which was referred to the Com¬ mittee on the Military and Pensions. The Committee on the Military and Pensions was discharged from the further consideration of that part of Message No. 1 of his Excellency the Governor, whieh relates to the relief of families of deceased soldiers, and the same was referred to the Special Committee under a resolution to consider and report on the subject of the relief of families of soldiers in service. Mr. HARRISON presented the return of the Commissioners of Free Schools for Anderson District, for 1862; which was referred to the Com¬ mittee on the College, Education and Religion. ^ Mr. HART presented the return of the Board of Free Schools for Dar¬ lington District, for 1862; which was referred to the Committee on the Col¬ lege, Education and Religion. Mr. ARTHUR presented the memorial of the Mayor and Aldermen of the City cf Golumbia, asking an appropriation for the relief of the transient poor; which was referred to the Committee on Finance and Banks. The PRESIDENT laid before the Senate a communication from Dr. T. L. Ogier, Chief Division Surgeon 1st Military District of South Carolina,, relative to the use of the South Carolina College buildings as a Hospital; which was referred to the Committee on the Military and Pensions. Mr. SIM KINS offered the following resolution : Resolved, That the Committee on Finance and Banks be instructed to inquire and report as to the propriety of no longer exempting certain manu¬ factories of cotton goods in the State from the regular course of taxation. Which was agreed to. Mr. GARLINGTON presented the annnal report of the Board of Visitors of the South Carolina Military Academy, for 1862; which was re¬ ferred to the Committee on the Military and Pensions, and ordered to be printed. Mr. GARLINGTON gave notice that, to-morrow, he will ask leave to introduce A Bill to re-enact an Act entitled "An Act to extend relief to Debtors, and to prevent the sacrifice of property at public sales/' Mr. GARLINGTON also introduced the following resolution : WEDNESDAY, DECEMBER 3, 1862. 69 Resolved, That it be referred to the Committee orr- Finance and Banks to inquire and report upon the propriety of reducing the commissions now allowed by law to tax collectors of this State. The resolution was agreed to. Mr. FICKLING, from the Committee to count the ballots for Secretary of State, on the second ballot, reported that William R. Huntt had re¬ ceived a majority of the ballots cast, and he wag declared by the President duly elected accordingly. Mr. McALILEY presented the petition of Giles J. Patterson, praying to be refunded a War Tax twice paid; which was referred to the Committee on Finance and Banks. Mr. HARRISON offered the following preamble and resolution ; which was considered, and agreed to, and the Committee was instructed accord¬ ingly : In view of the heavy drafts likely to be made on the Treasury at the present session, for the relief of soldiers and their families, Resolved, That the Committee on the College, Education and Religion be instructed to inquire and report as to the propriety of withholding the usual annual appropriations for the College and Free Schools. The Senate granted leave to Mr. E. G. PALMER to withdraw from its files the account of Isaac H. Means, for work done in the office of Secretary of State. Mr. HARRISON submitted the following report: The Committee on Printing, to whom was referred the proposals for the printing for the Senate, ask leave to report: That they have had the same under consideration, and have unanimously appointed R. W. Gibbes i rinter for the Senate, and recommend that his appointment be confirmed. The report was considered, and agreed to. Mr. BOYKIN, for Mr. Lesesne, pursuant to notice, and with leave, in¬ troduced A Bill to incorporate with uniform rights, powers and privileges, the Protestant Episcopal Congregations in South Carolina. The Bill received the first reading, and was referred to the Committee on Incorporations and En¬ grossed Acts. Mr. SIMPSON submitted the report of the Committee on Incorporations and Engrossed Acts, on a memorial of the Swedish Iron Manufacturing Company, for amendment of charter; and also on a Bill to renew and amend the charter of the Swedish Iron Manufacturing Company of South Carolina, and to change the name thereof, recommending the passage of the Bill; which was ordered for consideration to-morrow. 70 JOURNAL OF THE SENATE, The Senate proceeded to the GENERAL ORDERS OF frlE DAY. A Bill to alter and amend certain sections of the Road Law, being beforo the Senate, on the second reading, Mr. MOSES moved that the Bill do lie on the table ; which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are : Messrs. Appleby, Blakeney, Boykin, Bull, Fickling, Furman, Harrison, Houser, \V. D. Johnson, W. 11. Johnson, Keitt, Manning, Maxwell, Ma* zyck, McAliley, Mc law, Moses, Murray, Oswald, E. G. Palmer, S. W. Pal¬ mer, Simkins, Simpson, Thomson, Ware, Wortham. Those who voted in the negative, are : Hon. W. D. Porter, President; Messrs. Arthur, Beaty, Garlington, Hope, Lawton, J. W. Miller, Sessions, Wilson. In the affirmative, 26. In the negative, 9. The motion,^ therefore, Was agreed to, and the Bill was ordered to lie on the tabie. The following were ordered to be placed in the General Orders of the Day for to-morrow : Report of the Committee on Commerce, Manufactures and the Mechanic Arts, on a Bill to provide against dearths of salt; Report of the Committee on Finance and Banks, on " A Bill to alter and amend the charter of the Bank of Charleston, South Carolina;" Report of the Committee on Finance and Banks, on " A Bill to author¬ ize the Banks to issue small bills ;" Report of the Committee on Incorporations and Engrossed Acts, on a memorial of the Charleston Savings' Institution, praying an amendment of its charter; and also on " A Bill to enable the Charleston Savings' Institu¬ tion to purchase and hold real property." The following favorable reports were agreed to : Report of the Committee on Roads and Buildings, on the petition of sundry citizens of Williamsburg District, praying for a new road; Report of the same Committee, on the petition of John Williamson, praying to be refunded a portion of War Tax paid on an over assessment; Report of the same Committee, on the petition of A.W. Dozier, praying' to be refunded a tax unlawfully paid. The following reports were agreed to, and were ordered to be sent to the House of Representatives for concurrence: THURSDAY, DECEMBER 4, 1862. 71 Report of the Committee on Finance and Banks, on the Comptroller General's report on the subject-matter of the petition of Thomas B. Clark- son, for himself and for the estate of W. Clarkson, deceased, praying to be refunded a tax illegally collected; Report of the same Committee, on the petition of T. Harrison Baker, Captain of the privateer Savannah, to have bond cancelled; The report of the Committee on the Lunatic Asylum and Medical Ac¬ counts, on the petition of Dr. JST. H. Johnston, for payment of an account; Xhe report of the same Committee, on the account of Dr. T. J. Goodwyn, for services rendered prisoners in jail. The General Orders were disposed of. At 2, P. M. the Senate went into Secret Session, and so remained until 4, P. M., when the doors were opened, and the regular Session was resumed. Mr. WILSON moved that the Special Order for this day, at 2, P. M., A Bill to organize and provide a Board of District Police, be discharged, and that the same subject be made the Special Order for to-morrow, at 1, P. M., and the same was ordered ; and at 4, P. M., On motion of Mr. WILSON, the Senate adjourned. THURSDAY, DECEMBER 4, 1862. The Senate met at 12, M. Prayer by the Rev. Dr. Howe. The Clerk read the Journal of the proceedings of yesterday. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House sent to the Senate Resolutions in relation to the currency, which were referred to the Com¬ mittee on Finance and Banks, and resolutions in relation to the Executive Council; which, on motion of Mr. MOSES, were made the Special Order of the Day for Monday next, at 1, P. M., and were ordered to be printed. The House also sent to the Senate A resolution granting leave of absence, during this session, to Henry Mclver, Solicitor of the Eastern Circuit, on account of military duties^ which was concurred in, and returned to the House. The House also returned to the Senate JOURNAL OF THE SENATE, A Bill to abolish the Executive Council, established by the Ordinance of the Convention, entitled, " An Ordinance for Strengthening the Executive Department during the exigencies of the present war." The Bill received the third reading; it was passed; the title changed to " An Act," and was returned to the House of Representatives. The PRESIDENT laid before the Senate The Report of the Commissioners for the City of Charleston, under the Ordinance of the Convention, in relation to the removal of non-combatants; which was read and was referred to the Special Committee raised under the 4th resolution referring Message No. 1, of his Excellency the Governor. Mr. WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the office of Adjutant and Inspector General vacant; and on his motion, a message was sent to the House of Representatives, proposing to go into a ballot for that office to-morrow, at 1, P. M. Returns from Commissioners of Free Schools, for the year 1861, Were presented by Mr. S. W. PALMER, for St. Stephen's. Mr. SIMPSON, for Laurens. Mr. RHETT, for Prince William's. At half-past 12, P. M., the following Messages were communicated to the Senate by his Excellency the Governor, and were read by Mr. F. J. Moses, Jr. MESSAGE NO. 6. STATE OF SOUTH CAROLINA. Executive Department, Columbia, December 3d, 1862. Gentlemen of the Senate and House of Representatives: I transmit with this a communication from General Beauregard, the dis¬ tinguished Confederate General now in command of the Military District of* South Carolina. It will be seen that it relates to the adoption of some concerted plan for furnishing negro labor, as soon as possible, in order to finish the defences in and around Charleston. By this communication Brigadier General Gist is appointed to act in concert with State authority in organizing such a system, and anything he may agree to will be adopted and performed by the Con¬ federate Government. No officer could have been more properly selected than General Gist for this purpose, as he is entirely identified with the agricultural interests of the State. THURSDAY, DECEMBER 4, 1862. 73 I therefore recommpnd that the Chairman of the Committee to which was referred that portion of the Message No. 1 relating to the organization of negro labor, to fee attached to our forces in the field, should have an interview with General Gist, who*is ready to act, and to present the views cf General Beauregard, as well as his own, on the subject-matter. The Confederate Engineer has made his statement as to the fcumber that may be required to finish the present necessary works. A temporary plan might be agreed upon for the present demand, and then a more permanent system might fee adopted for the future. I urge your immediate attention to this matter, as the demand is pressing. F. W. PICKENS. MESSAGE NO. 7. STATE OF SOUTH CAROLINA. Executive Department, Columbia, December 3d, 1862. Gentlemen of the Senate and Home of Representatives: I herewith transmit a report of the Committee appointed by the Gunboat Commission, of Charleston, to examine the plan and specification of Creuz- baur's shot-proof Vessels of war. The Committee seem well satisfied of its practicability and efficiency. Lieutenant Maury, of the navy, also approves of it. The main principle "that distinguish it from other shot-proof ves¬ sels is, that it has compressed cotton placed in such a position as to resist the most powerful shot. It seems to have been tried on the Mississippi, but it is proper to say, that the Navy Department refused to adopt it. I suppose the great difficulty in the way is,that we cannot, at present, procure engines strong enough to propel them. I call it to your attention, for consideration as to its feasibility, and if successful, it would add greatly to our means of defence along our extended sea-coast. We have the timber and the cotton in abundance, if we could get the iron and the machinery. ' F. W. PICKENS. MESSAGE NO. 8. STATE OF SOUTH CAROLINA. Executive Department, Columbia, December 4th, 1862. Gentlemen of the Senate and House of Representatives: I herewith transmit the application of Lieutenant Jackson, of the navy, for the extension of the lease of the Columbia Canal. It appears that he is 10 74 JOURNAL OF THE SENATE, the agent of the Confederate Government, and desire^ that the use of this canal may be allowed him for establishing a powder-mill for the navy. The Legislature leased it to Mr. Green on certain conditions, and Lieutenant Jackson bought out his lease. It only extends now for two years, and the application now is to continue it to the agent of the Confederate «Tovern- ment. It seems that permission was obtained from the City Council to establish a powder-mill, and as the canal is of no use to the State, I think there is no objection to your granting what is desired; but I suggest that if granted, it shall be on condition that if the State thinks proper, in any pressing emergenc}', she can resume her jurisdiction over, or possession of, the canal by giving one year's notice. The powder-mill is now in operation. All the papers in relation to the matter are herewith transmitted. F. Yv. PICKENS. The two first were referred to the Committee on the Military and Pen¬ sions, and the last to the Committee on Agriculture and Internal Improve¬ ments. On motion of Mr. GARLINGTON, the Senate, in view of the recent reference, granted leave to the Committee on Military and Pensions to sit during the sessions of the Senate. REPORTS OF COMMITTEES. Mr. MOSES presented the following reports of the Committee on the Judiciary: On the presentment of the Grand Jury for Darlington, at the Fall Term, 1862; which was ordered for consideration to-morrow. On a resolution of the House, in relation to the distribution of Petigru's Code of the Statute Law; which was ordered for consideration to-morrow. Mr. MOSES, also, from the same Committee, to which was referred the petition of James Y. Brunson, Jailor, for increase of fees, reported A Bill to increase the fees of Sheriffs for dieting persons confined in jail. The Bill received the first reading, and was ordered for a second reading to-morrow. Mr. HOPE, from the Special Committee to which was referred a plan to afford relief to soldiers' families, reported _A Bill to alter and amend " An Act to afford aid to the families of sol¬ diers," passed in the year of our Lord 1861. The Bill received the first reading, and was made the Special Order for to-morrow, at 1, P. M., and was ordered to be printed. THURSDAY, DECEMBER 4, 1862. 75 Mr. ARTHUR presented the followiug reports of the Committee on Claims and Grievances: On the account of Evans & Cogswell, for printing the Code of Statute Law; On the account of Evans & Cogswell, for binding done for the State; On the petition of Lewis M. Ott, praying compensation for the loss of a negro by disease contracted in the public service; On the petition of Hon. J. B. O'Neal!, praying to be refun 'ed a quarter's salary of Thos. J. Gantt, deceased, late Clerk of the Appeal Court; On the petition of Wm. H. Baker, praying compensation for a negro who died in the public service ; All of which were ordered for consideration to-morrow. Mr. MANNING offered the following resolution : Resolve<7, That his Excellency the Governor be, and is hereby, authoiized to select six youths (sons of the officers of the army or navy of the Con¬ federate States, who during the existing war have died in battle), who shall be placed in one or the other of the military institutions of this State, to be educated at the charge of a grateful country, as a tribute to the memories of its heroic dead. Mr. MOSES moved to amend, by inserting, after the word "officers," " or soldiers." While this amendment was pending, the resolution was ordered for consideration to-morrow. Mr. McALILEY presented the following reports of the Committee on Finance and Banks: On resolutions instructing the Committee to inquire into the expediency of preventing, by law, the sale of hills of the Banks of this State at a premium ; On the petition of Giles J. Patterson, praying to be refunded a War Tax twice paid ; On the report of the transient poor of the City of Charleston ; On the reports of the Roper Fund; all of which were ordered for con¬ sideration to-morrow. Mr. E. G. PALMER, from the Committee on Agriculture and Internal Improvements, to whom was referred so much of the Message of the Gov¬ ernor, and on certain memorials and presentments of the Grand Juries, relative to distillation from grain, reported A Bill to suppress the undue distillation of spirituous liquors from the cereal grains of this State; which received the first reading, and was or¬ dered for a second reading to-morrow, and to be printed. The Senate proceeded to the Special Order for 1, P. M. 76 JOURNAL OF THE SENATE, A Bill to organize and provide for a District Police. The following amendments were offered : By Mr. HOPE: Amend, by adding, in the third line, first section, after the word "Governor," " upon application of the Delegation, or a majority of them, of any District." Strike out the word " forthwith," in the same line, and add, in fourth line, after the words, "cf mounted men," "for such Judicial- Districts," so that- the section will read, " that it shall be the duty of the Governor, upon ap¬ plication by the Delegation, or a majority of them, of any District, to or¬ ganize a company of mounted men for such Judicial District," &e. The amendment was agreed to. By Mr. SIM KINS: Fifth line, third section, strike out "commanding," and insert "commissioned," and after "officers," insert, "or majority of the same." The amendment was agreed to. By Mr. "WILSON : To strike out the fifth section, and insert the following: 5th. That the officers and privates of said companies shall receive the same rations as are allowed to privates in the Confederate States' service, includ¬ ing forage for their horses; which said rations and forage shall be purchased by the commanding officers of said companies, and paid for by the State;- and for that purpose one hundred thousand dollars shall be appropriated and placed in the hands of said commanding officers, to be expended and ac¬ counted for by them, which accounting shall be subject to the approval of the Governor; and the officers and privates of said companies shall, during: their organization and service, be exempt from all other military and patrol dl-ty. This amendment was not agreed to. Mr. WILSON moved that the Bill do lie on the' table; which was ordered to be deeided by yeas and nays, and they .are as follows: Those who voted in the affirmative, are : Messrs. Appleby, Blakeney, Boykin, Furraan, Hart, W. E. Johnson, McAliley, McCaw, McKewn, J. W. Miller, Ware, Wilson. Those who voted in the negative, are : Hon. W. D. Porter, President \ Messrs, Arthur, Beaty, Fickling, Gar-' lington, Harrison, Hope, Houser, W. D. Johnson, Keitt, Lawton, Manning, Maxwell, Mazyck, Moses,. Murray, Oswald, E. G. Palmer, S. W. Palmer, Bhett, Sessions, Simkins, Simpson, Thomson, Wortham. In the affirmative, 12. In the negative, 25. The motion, therefore, did not prevail, and the Bill was then ag I to, and ordered to he sent to the House of Representatives. THURSDAY, DECEMBER 4, 1862. 77 Mr. HARRISON submitted tbe following report: The Joint Committee of the Senate and flouse of Representatives, to Whom were referred the proposals of R. W. Gibbes and C. P. Pelham for printing the permanent work, beg leave to report: That they have examined the proposals of R. W. Gibbes and C. P. Pel- ham, and find them substantially the same. They have not been able to agree as to the printer of the permanent work, and ask leave to be dis- charged from the further consideration of the subject. The Committee Was discharged accordingly, and, on motion of Mr. HARRISON, a message was sent to the House of Representatives, pro¬ posing to go into a ballot for printer of the permanent work, at a quarter- past 3, P. M., this day. The Senate proceeded to the General Orders of the Day. The following Bills received the second reading, were agreed to, and were ordered to be sent to the House of Representatives : A Bill to alter and amend the charter of the Bank of Charleston, South Carolina ) A Bill to renew and amend the charter of the Swedish Iron Manufactur¬ ing Company of South Carolina, and to change the name thereof; A Bill to enable the Charleston Savings' Institution to purchase and hold real property. The report of the Committee on Finance and Banks, on A Bill to authorize the Banks to issue small bills, was placed in the Gen¬ eral Orders of the Day for to-morrow. The report of the Committee on Commerce, Manufactures and the Me¬ chanic Arts, on A Bill to provide against dearths of salt, was, on motion of Mr. MA- ZYCK, made the Special Order of the Day for to-morrow, at a quarter-past 2, P. M. The General Orders of the Day were disposed of. Message No. 9 from his Excellency the Governor, was communicated to the Senate, and was read by Mr. F. J. Moses, Jr. MESSAGE NO 9. STATE OF SOUTH CAROLINA. Executive Department, Columbia, December 4, 1862. Gentlemen of the Senate : I herewith transmit all the telegrams in relation to the eight Regiments of State Reserves, recently called into sertice. They will show the condi- 78 JOURNAL OF THE SENATE, tions and terms upon which these Regiments have been received. I also trsnsmit herewith the information desired by the following resolution of your body : " RcsoL ed, That his Excellency the Governor be requested to communi¬ cate to the Senate, as soon as it may be practicable, jprinted copies of all orders, rules and regulations of the Governor and Council, altering, modi¬ fying or repealing the military laws passed by the Legislature of this State; and that he be requested to i'urnish to the Senate a statement showing the number of men in the State liable to military duty, in the following classes, to wit: Those between thirty-five and forty, forty and forty-five, and forty- five and fifty." F. W. PICKENS. The Message was referred to the Committee on xAgriculture and Internal Improvements. The following messages were received from the House of Representatives: House op Representatives, December 4, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate that the Committee on Colored Population of the House, and the Committee on the Military of the Senate, act as a joint Committee on his Excellency the Governor's Message No. 6. By order of the House, A. P. ALDRICH, Speaker. House of Representatives, December 4, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Assessor of St. Philip's and St. Michael's, to-morrow, at half-past 1, P. M. By order of the House, A. P. ALDRICH, Speaker. House op Representatives, December 4, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Commissioners in Equity for the Districts of Abbeville, Lexington. *Colleton and Pickens, to morrow, at 1, P. M. By order of the House, A. P. ALDRICH, Speaker. The messages were concurred in, and a message was returned. THURSDAY, DECEMBER 4, 1862. 79 The following message was ordered to lie on the table : House of Representatives, December 4, 1862. M". President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Judge of the Appeal Court, on Tuesday next, at 1, P. M. By order of the House, A. P. ALDRICH, Speaker. The H ouse of Representatives sent to the Senate the following message: House of Representatives, December 4, 1862. Mr. President, and Gentlemen of the Senate: The House respectfully concurs with the Senate, to go into an election for Printer of the permanent work of the State, at a quarter-past three o'clock, this day. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred, and joined the House in the ballot at the hour mentioned. Messrs. Garlington and Harrison were appointed the Committee, on the part of the Senate, to count the ballots. Mr. KEITT presented the petition of foundry citizens of Orangeburg village, for the relief of the destitute families of the soldiers of Orangeburg District •, which was referred to the Committee on Finance and Banks. Mr. OSWALD presented the petition of Perry F. Buckner, to be relieved from the cost of a tax execution; which was referred to the Committee on Finance and Banks. Pursuant to notice, and with leave of the Senate, Mr. GARLINGTON introduced A Bill to continue in force an Act entitled " an Act to extend relief to debtors, and to prevent the sacrifice of property at public sales." The Bill received its first reading, and was referred to the Committee on the Judi¬ ciary. The House of Representatives returned to the Senate, An Act to abolish the Executive Council, established by the Ordinance of the Convention, entitled "An Ordinance for strengthening the Execu¬ tive department during the exigencies of the present war;" and it was committed to the Committee on Incorporations and Engrossed Acts. On motion of Mr. RHETT, the Senate adjourned at half-past 3 o'clock, P. M. 80 JOURNAL OF THE SENATE, FRIDAY, DECEMBER 5, 1862. The Serate met at 12, M. Prayer by the Rev. Dr. Boyd. The Clerk read the Journal of the proceedings of yesterday. The following message was received from the House of Representatives: House of Representatives, December 4, 1862. Mr. President, and Gentlemen of the Senate: The House respectfully concurs with the Senate to go into an election for Adjutant and Inspector General to-morrow, at 2, P. M. By order of the House, A. P. ALDRICH, Speaker. Mr. BLAKENEY presented the memorial of John S. Burch, praying compensation for the loss of a negro who died while engaged on the fortifi¬ cations near Charleston; which was referred to the Committee on Claims and Grievances. The House of Representatives sent to the Senate a resolution on the peti¬ tion of Joseph Melton, praying aid of the State; which was referred to the Committee on the Military and Pensions. Also, the following reports of the Committee on Claims: On account of Yorkville Enquirer, for public printing; On account of Horry Dispatch, for public printing; On account of Sumter Watchman, for public printing; All of which were referred to the Committee on Claims and Grievances. Also, report of Charleston Delegation On resolutions in relation to the Records of Charleston District; which was concurred in, and returned. Mrf HART submitted the memorial of citizens of Darlington District, in reference to the pardon of W. H. Wingate, and praying a limitation of the pardoning power. Mr. MOSES moved that all the papers except the 6th resolution be ordered to lie on the table; which was ordered to be decided by yeas and nays ; and they are as follows : Those who voted in the affirmative, are: Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Barker, Beaty, Boyle, Bull, Fickling, Garlington, Harrison, Hope, Maxwell, Mc- Aliley, McCaw, McKewn, E. H. Miller, J. W. Miller, Moses, Oswald, E. G. Palmer, S. W. Palmer, Sessions, Simkins, Simpson, Wortham. FRIDAY, DECEMBER 5, 1862. '81 Those who voted in the negative, are: Messrs. Blakeney. Bovkin, Furman, Hart, W. D. Johnson, Keitt, Law- ton, Mazyck, Murray, Rhett, Wilson, In the affirmative, 25. In the negative, 11. The motion, therefore, prevailed. The 6th resolution was then referred to the Committee on the Judiciary. Mr. HART gave notice that, to-morrow, he will ask leave to introduce A Bill to appoint Commissioners of the Poor for Darlington District. Mr. .ARTHUR presented the petition of Dr. W. C. Freeman, for pay¬ ment of an account for a post mortem examination; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. Mr. ARTHUR submitted the report of the Committee on Claims and Grievances, On the account of W. W. Purse, for work done in the Senate Chamber; which was ordered for consideration to-morrow. The PRESIDENT laid before the Senate the annual private report of the indebtedness of officers and directors of the Bank of the State of South Carolina; which was ordered to lie on the table of the Clerk for the inspec¬ tion of the Senators. Mr. FURMAN presented the petition of Thomas Williams, praying to be paid the appraisement sum for property destroyed on Sullivan's Island by order of military authority ; which was referred to the Committee on Claims and Grievances. Mr. SIMPSON, from the Committee on Incorporations and Engrossed Acts, reported that an Act to abolish the Executive Council, established by the Ordinance of the Convention, entitled " An Ordinance for strengthening the Executive Department during the exigencies of the present war," re¬ ported that the same had been duly engrossed, and was ready for ratification. Mr. SIMPSON also submitted the report of the same Committee, On a Bill to incorporate the Importing and Exporting Company of South 'Carolina, recommending the passage of the Bill; which was ordered for consideration to-morrow. Mr. HOPE submitted the report of the Special Committee on the relief of soldiers' families, asking to be discharged from the further consideration of the memorial of the Soldiers' Board of Relief for Barnwell District, asking a special Act of assessment; which was ordered for consideration to-niorrow. BALLOTS. Pursuant to previous orders, the Senate joined the House of Representa¬ tives in ballots for the following officers, at the hours designated, namely: 11 82 JOURNAL OF THE SENATE, At 1, P. M., for Commissioners in Equity for Pickens, Colleton, Abbe¬ ville and Lexington. Messrs. Hart and Hope were appointed the Com¬ mittee, on the part cf the Senate, to count the ballots. At half-past 1. P. M., for Assessor of St Philip's and St. Michael's. Messrs. Houser and W. D. Johnson were appointed the Committee, on the part of the Senate, to count the ballots. At 2, P. M., for Adjutant and Inspector General. Messrs. W. R. John¬ son and Keitt were appointed the Committee, on the part of the Senate, to count the ballots. Mr. GARLINGTON, from the Committee to count the votes for Printer of the permanent work of the Legislature, reported that Charles P. Pelham had received a majority of the ballots cast; and he was declared by the PRESIDENT duly elected accordingly. Mr. GARLINGTON presented the petition of Elizabeth Hinson, pray¬ ing to be refunded a Confederate War Tax wrongfully paid; which was re¬ ferred to the Committee on Finance and Banks. Mr. HAllT submitted a report, showing that the following gentlemen had received a majority of the ballots cast for Commissioners in Equity, viz: R. A. Thompson, for Pickens ; C. B Farmer, Colleton; W. H. Parker, Abbeville; H. A. Meetze, Lexington; And they were declared by the PRESIDENT duly elected accordingly. Mr. W. D. JOHNSON, from the Committee to count the ballots for As¬ sessor for St. Philip's and St. Michael's, reported that James S. Johnson had received a majority of the ballots cast; and he was declared by the PRESIDENT duly elected accordingly. The Senate proceeded to the Special Order of the Day for a quarter-past 2, P. M., A Bill to provide against dearths of salt. The Bill received the second reading, was agreed to, and was sent to the House of Representatives. , The Senate then proceeded to the Special Order for 1, P. M., A Bill to alter and amend an Act to afford aid to the families of soldiers, passed in the year A. D. 1861; and after some time spent therein, the Bill was postponed until to-morrow. Mr. KEITT, from the Committee on the part of the Senate to count the ballots for Adjutant and Inspector General, reported that A. C. Garlington had received a majority of the ballots cast. He was therefore declared by the PRESIDENT duly elected accordingly. Pursuant to notice given by Mr. Lesesne, and with leave of the Senate, Mr. MAZYCK introduced, for him, the following Bills, viz: A Bill to charter the Shelby and Broad RiverxRailroad Company; MID AY, DECEMBER 5, 1862. A Bill to incorporate the Carolina Cctt-on and Woolen Company. The Bills severally received the first reading, and were referred to the Committee on Incorporations and Engrossed Acts. The Senate proceeded to the .GENERAL ORDERS OF THE DAY. The Committee on the Judiciary was discharged from the further consid¬ eration of the presentment of the Grand Jury for Darlington District, Fall Term, 1862. The following reports were agreed to, and ordered to be sent to the House of Representatives for concurrence : Reports of the Committee on Claims and Grievances, on two accounts •of Evans & Cogswell, for printing the Code and for binding for the 'State ; Report of the same Committee, on the petition of Lewis M. Ott, praying - compensation for the loss of a negro by disease contracted in the public •service; Report of the same Committee on the petition of W. H. Baker, praying compensation for a negro who died in the public service. Report of the Committee on Finance and Banks, on the petition of Giles J. Patterson, praying to be refunded a War Tax twice paid ; Report of the same Committee, on the report of the transient poor of the CJity of Charleston. The resolution introduced by Mr. MANNING, relative to education of youths in Military Academies being before the Senate, the following amend¬ ments were offered, and agreed to : By Mr. MOSES: After " officers," insert "or soldiers;" after "army," insert " or of officers or men of the." By Mr. BARKER: After " battle," the following: "or not being sons of ■officers or soldiers, are under the age of 18 years, and have behaved with gallantry cn the field of battle." By Mr. LAWTON : After "select," the following : "one youth from each Congressional District of this State." The resolution, as amended, is as follows: Resolved, That his Excellency the Governor be, and he is hereby, author¬ ized to select one youth from each Congressional District in this State, son of officers or soldiers of the army, or of officers or men of the navy, of the Confederate States, who during the existing war have died in battle, or who, not being sons of officers or soldiers, are under the age of 18 years, and have behaved with gallantry on'the field of battle, who shall be placed in one or u JOURNAL OF THE SENATE, the other of the military institutions of this State, to be educated at the charge of a grateful country, as a tribute to the memories of its brave and heroic dead. The resolution was agreed to, and sent to the House of Representatives for concurrence. The report of the Committee on Claims and Grievances, on the petition ot Hon. J. B. O'Neall, for payment to him of a quarter's salary due the late Thomas J. Gantt, was ordered to be postponed for consideration until to¬ morrow. The unfavorable report of the Committee on Finance and Banks, on a resolution instructing them to inquire and report on the expediency of pre¬ venting, by law, the sale of the bills of the Banks of the State of South Carolina at a premium, was agreed to. A Bill to increase the fees of Sheriffs for dieting persons confined in jail,, received the second reading, was agreed toj and sent to the House of Rep¬ resentatives. A resolution, from the House of Representatives, for the distribution of Petigru's Code of the Statute Law of South Carolina, was concurred in, and returned to the House of Representatives. On motion of Mr. MOSES, the Senate adjourned at 4 o'clock, P. M. SATURDAY, DECEMBER 6, 1862". The Senate met at 12, SI. Prayer by Rev. Mr. Kennedy. The Clerk read the; Journal of the proceedings of yesterday. The Committee on Finance and Banks was discharged from the further consideration of the petition of sundry citizens of Orangeburg village, re¬ specting the fund raised for the relief of the destitute families of the sol¬ diers of Orangeburg District; and it Was referred to the Special Committee' on the relief of soldiers' families. Mr. McALILEY presented the report of the Solicitor of the Northern Circuit, on " District officers and their officeswhich Was referred to the Committee on* the Judieiary. Mr. SIMKINS presented the following report: SATURDAY, DECEMBER 6, 1862. The Committee on the Military and Pensions, to whom was referred Mes- sage No. 3 of his Excellency the Governor, accompanying certain flags cap-' tured from the enemy, recommend the adoption of the following resolutions r Resolved, That this General Assembly accept with gratification the flags placed in their chargefby the Governor, which have been tendered to the State authorities by our brave men in the army of the Confederate States. Resolved, That these flags be placed on exhibition in the Hall of the House of Representatives during the present session of the Legislature, and be thereafter deposited in the Executive Chamber, for safe keeping. The report was considered and agreed to, and sent to the House of Rep- resentatives for concurrence. Mr. SESSIONS presented the petition of sundry citizens of Horry, pray-* ing that the 2d Regiment, 1st Corps of Reserves, be disbanded, and be re¬ mitted to Confederate service under Conscript Act, and that men over 45 years of age in said corps be discharged; which was referred to the Com¬ mittee on the Military and Pensions. Mr. BLAKENEY offered the following resolution, which was agreed to; Resolved, That it be referred to the Committee on the College, Education and Religion, to inquire and report upon the expediency of appropriating the Free School Fund hereafter to the relief of the families of soldiers in the field, and of those who have heretofore died in consequence of wounds and exposure. Mr. BOYKIN presented the petition of Thomas Lang, praying payment for a negro lost in the public service; which was referred to the Committee on Claims and Grievances. The House of Representatives sent to the Senate A resolution requesting his Excellency the Governor to distribute salt) which was referred to the Committee on Agriculture and Internal Improve¬ ments. The following message Was received from the House of Representatives i HotisE of REPEESEN'TAtiyES, December 5, 1862. Mr. President, and Gentlemen of the Senate: The House respectfully informs the Senate of the appointment, on its part, of the following gentlemen : M. P. O'Connor, J.H. Read, J. J. Brab¬ ham, R. M. Johnston, James Hemphill. J. P. Boyce, a Committee, consist¬ ing of oge from each Congressional District, to nominate suitable persons for President and Directors of the Bank of the State, and requests that the 86 JOURNAL OF THE SENATE, Senate appoint a similar Committee, to act as a Joint Committee for that purpose. By order of the House, A. P. ALDRICH, Speaker, The Senate concurred. Messrs. J. C. Hope, W. J!). Johnson, J. C. Mc- itewn, G. W. Oswald, J. W. Miller, R. G-. McCaw, were appointed the Committee, on the part of the Senate, and a message was returned accord¬ ingly. The PRESIDENT laid before the Senate the Comptroller General's report on Contingent Accounts against the Lower Division of the Treasury; which was referred to the Committee on Accounts and Vacant Offices. Leave of absence was granted to the Senator from Newberry, until Tues¬ day, on account of sickness in his family. Mr. WILSON presented the return of the Commissioners of Free Schools for Prince George, Winyaw, for 1862 ; which was referred to the Commit¬ tee on the College, Education and Religion. Mr. OSWALD presented the report of the Solicitor of the Southern Cir¬ cuit ; which was referred to the Committee on the Judiciary. Pursuant to notice, and with leave, Mr. HART introduced A Bill to provide for the appointment of Commissioners of the Poor for Darlington District. The Bill received the first reading, and was referred to the Committee on Accounts and Vacant Offices. Mr. FICKLING gave notice that, on Monday next, he will ask leave to introduce A Bill for the relief of families who have been driven from the coast, and whose property has fallen into the hands of the enemy. Returns of Commissioners of Free Schools, for St. John's, Berkely, for 1861 and 1862, were presented by Mr. BARKER, and were referred to the Committee on the College, Education and Religion. Mr. MAZYCK presented the report of the Treasurer of the Lower Division, and President of the Bank of the State, respecting the Confede¬ rate War Tax; which was referred to the Committee on Finance ahd Banks. The House of Representatives returned to the Senate, with its concur¬ rence, a resolution in relation to reducing the public printing. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill to suppress the undue distillation of spirituous liquors from the cereal grains of this State, received the second reading, was agreed to, and was sent to the House of Representatives. MONDAY, DECEMBER 8, 1862. 87 The reports of the Committee on Finance and Banks, on A Bill -to authorize the Banks to issue small bills, and A Bill to alter and amend an Act to afford aid to the families of soldiers, passed in the year of our Lord 1861; were ordered to be placed in the General Orders of the'Day for Monday next. The Special Committee on relief to soldiers' families was discharged from the further consideration of the memorial of the Board of Relief for Barn¬ well District, asking a special Act of assessment. The report of the Committee on Claims and Grievances, on the account of W. W. Purse, for work done in the Senate Chamber; and The report of the same Committee, on the petitiofi of Hon. J. B. O'Neall, Chief Justice, praying payment of a quarter's salary of Thos. J. Gantt, late Clerk of the Court of Appeals, were agreed to, and were sent to the House of Representatives for concurrence. The General Orders, with the exception of the report of the Committee on Incorporations and Engrossed Acts, on A Bill to incorporate the Importing and Exporting Company of South Carolina, in the hands of the printer, were disposed of. Mr. McALILEY moved a reconsideration of the unfavorable report of the Committee on Finance and Banks, on a resolution for preventing the Sale of bills of the banks of the State at a premium; and, on motion of Mr. MOSES, it was placed in the General Orders of the Day for Monday next. Mr. MOSES gave notice that, on Monday next, he will ask leave to introduce A Bill to punish persons or corporations for sale or purchase of bills of any of the local banks of any State in the Confederacy at a premium. On motion of Mr. HARRISON, the Senate adjourned at 1 o'clock, P. M. MONDAY, DECEMBER 8, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Boyce. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate, for concurrence, the following reports: 88 JOURNAL OF THE SENATE, The report of the Committee on Privileges and Elections, Respecting the vacancies in the Board of Managers of Elections at Small's Box, in Lancaster District; which was referred to the Committee on Privi¬ leges and Elections. The reports of the Committee on Claims and Grievances, On the petition of Joseph L. Breeden, Sheriff of Marlborough District, for moneys expended by him for the State; On the account of the Darlington Southerner, for public printing; On the petition of Thomas F. G-osset, praying the payment of jail fees for keeping a prisoner; On the account of W. J. McKerral, for public printing; On the account of the Charleston Courier, for public printing; which were referred to the Committee on Claims and Grievances; and also, The report of the Committee on Education, On the report of the Commissioner of the Deaf, Dumb and Blind; which was referred to the Committee on the College, Education and Religion. The reports of the Medical Committee, On the account of Dr. Joseph F. Harrell for a post mortem examination; On the account of Drs. Powell and Templeton, for a post mortem exam¬ ination ; which were referred to the Committee on the Lunatic Asylum and Medical Accounts. Reports of the Committee of Ways and Means, On the petition of S. B. Strong, to be refunded a sum of money paid by him to the Collector of the War Tax for Edgefield District; On the petition of B. S. D. Muckenfuss, to be refunded a War Tax paid by mistake; On the petition of Daniel Holland, to be refunded an excess of War Tax; On the petition of P. R. Blalock, to be refunded a tax twice paid; On the abstract of persons admitted into the Aims-House, at Charleston; and also, of Expenditures for the Aims-House for the year 1862; On the petition of J. J. Cheatham and W. I. Cheatham, Executors of B. M. Cheatham, to be refunded a War Tax twice paid; On the report of the Commissioners of the Poor of Georgetown District, of the Disbursement of the Transient Poor Fund; All of which were referred to the Committee on Finance and Banks. ,The House of Representatives sent to the Senate, A Bill to enable the Charleston Savings' Institution to purchase and hold real property; which was referred to the Committee on Incorporations and Engrossed Acts ; and also, MONDAY, DECEMBER 8, 1862. 89 Resolutions, from the House, in relation to the defence of the city of Charleston by General Beauregard; which received the first reading, and were referred to the Committee on the Military and Pensions. Pursuant to notice, and with leave of the Senate, Mr. MOSES introduced A Bill to punish persons or corporations for sale or purchase of bills of any of the local banks of any State in the Confederacy at a premium; which was referred to the Committee on the Judiciary, and was ordered to be printed. Mr. MAXWELL presented the resolutions of the Pendleton Agricul¬ tural Society, on the importance of diffusing and promoting agricultural and scientific information among the citizens of this State; which were referred to the Committee on Agriculture and Internal Improvements. ' Mr. LESESNE presented the petition of W. B. Dingle, Sheriff of Charleston District, praying an increase of the fees for jail maintenance; which was referred to the Judiciary Committee; and also, The account of the Charleston Mercury, newspaper, for public printing; which was referred to the Committee on Claims and Grievances. Mr. McKEWN presented the report of Henry R. Frost, M. D., Treasurer of St. James', Goose Creek, on the Ludlam School Fund; which was referred to the Committee on the College, Education and Religion. Mr. MOSES submitted the reports of the Committee on the Judiciary, On the petition of Giles J. Patterson, in relation to the office of Commis¬ sioner in Equity for Chester District; and On the communication of J. L. Petigru, Commissioner of the Code of Statute Law of South Carolina; which was ordered for consideration to¬ morrow, and to be printed. Mr. MANNING presented the petition of M. M. Benbow, and others, praying the re-charter of Nelson's Ferry, for military and other purposes; which was referred to the Committee on Roads and Buildings. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill to authorize the Banks to issue small bills bei^ before the Senate, on the second reading, Mr. MOSES moved to amend the Bill by adding, after ''dollar," in the proviso, the following: "And provided, further, That the banks shall give out the said bills in change for Confederate bills, or for bills of any of the banks of this State." While this amendment was pending, 12 30 JOURNAL OF THE SENATE, ])tr. MAZYCK moved that the amendment do lie on the table, which question was ordered to be decided by yeas and nays, and they are as follows : Those who voted in the affirmative, are : Messrs. Barker, Boykin, W. D. Johnson, Manning, Mazyck, McKewn, E. Gr. Palmer, S. W. Palmer, Rhett, Thomson. Those who voted in the negative, are : Hon. W. D. Porter, President; Messrs. Arthur, Blakeney, Bull, Fick- ling, Furman, Harrison, Hart, Hope, Keitt, Lesesne, Maxwell, McAliley, J. W. Miller, Moses, Sessions, Simkins, Wilson. In the affirmative, 10 ; In the negative, 18. The motion, therefore, did not prevail. Mr. RHETT moved that the amendment offered by Mr. Moses do lie on the table; which question was ordered to be decided by yeas and nays, and they are as follows : Those who voted in the affirmative, are: Messrs. Lesesne, Manning, McAliley, Rhett, Wilson. Those who voted in the negative, are : Hon. W. I). Porter, President; Messrs. Arthur, Barker, Blakfeney^ Boykin, Fickling, Harrison, Hart, Hope, W. D, Johnson, Keitt, Maxwell, Mazyck, McKewn, Miller, Moses, E. Gr. Palmer, S. W. Palmer, Sessions, Simkins, Thomson. In the affirmative, 5; In the negative, 21. The motion, therefore, did not prevail, and the amendment was then agreed to. The reading having been concluded, the Bill was agreed to, and was sent to the House of Representatives. A Bill to alter and amend an Act to afford aid to the families of soldiers, passed in the year of our Lord A. D. 1861, being before the Senate, on the second reading, The following amendments, offered by Mr. HOPE, were agreed to: Sec. 2—Amendments: In the 2d section, 1st line, after the word " Legislature^strike out all to the words " to afford aid," and substitute these words: " shall appropriate from the public Treasury four hundred thousand dollars," so that it will read : " That the Legislature shall appro¬ priate from the public Treasury four hundred thousand dollars, to afford aid and relief to families of soldiers," &c. Sec. 3—Amendment: In the 3d section, strike out the first four lines. Sec. 4—Amendment: Strike out the whole section. Sec. 5—Amend, by striking out the first three lines, and prefix to the word "be," in the fourth line, "that this appropriation." So that the sec- TUESDAY, DECEMBER 9, 1862. 91 tion will read, " that this appropriation be a common fund, to be distributed to the respective Districts and Parishes, according to their white popula¬ tion," &c. Mr. HARRISON moved to strike out all after the enacting clause, for the purpose of inserting another Bill,, which he offered as a substitute. Mr. McALILEY moved, as an amendment to the amendment, a Bill which he offered. On motion of Mr. W. D. JOHNSON, the original Bill and the amend¬ ments were recommitted, and Messrs. Harrison and McAliley were added to the Committee, for the purposes of this Bill. On motion of Mr. McALILEY, the amendment and the amendment to the amendment were ordered to be printed. The report of the Committee on Finance and Banks, On a resolution for preventing the sale of bills of the State at a premium, was, on motion of Mr. MOSES, placed in the General Orders of the Day for to-morrow. On motion of Mr. HARRISON, the Senate took up from the table a message from the House of Representatives, proposing to go into a ballot for Judge of the Appeal Court to-morrow, at 1 o'clock, and it was placed in the General Orders of the Day for to-morrow. The General Orders were disposed of. On motion of Mr. WILSON, the Senate adjourned at half-past 2 o'clock, P. M. TUESDAY, DECEMBER 9, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Pringle. The Clerk read the Journal of the proceedings of yesterday. Mr. WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the office of Judge of the Court of Appeals vacant. Mr. HARRISON moved that the Senate take up from the table a mes¬ sage from the House of Representatives, proposing a ballot for that office this day, at 1, P. M. On his motion, the message was again ordered to lie on the table, and a message was sent to the House of Representatives, pro¬ posing to go into a ballot for Judge of the Court of Appeals on Thursday next, at 1, P. M. 92 JOURNAL OF TILE SENATE, 4> Mr.' HOPE submitted the following report, which was ordered to he printed, and to lie on the table: The Special Joint Committee, appointed on the part of the two Houses to nominate suitable persons for President and four Directors of the Bank of the State of South Carolina, ask leave to report the following nominations: For President—C. M. Furman. For Directors—W. C. Dukes, J. P. Deveaux, C. F. Hanckel, W. F. Mc¬ Millan. The Committee on Incorporations and Engrossed' Acts was discharged from the further consideration of the petition of the Bank of Charleston, asking for an amendment of charter, and it was referred to the Committee on Finance and Banks. Mr. MURRAY presented the report of the Committee on Incorporations and Engrossed Acts, On a Bill to incorporate, with uniform rights, powers and privileges, Protestant Episcopal Congregations in South Carolina. The Bill received the first reading, and was ordered for a second reading to-morrow. The PRESIDENT laid before the Senate a communication from the Clerk of the Senate, asking instruction relative to a rule of the Senate, adopted at its last session, relative to amendments, &cq which was referred to the Com¬ mittee on the Judiciary. Mr. ARTHUR presented the following reports of the Committee on t Claims and Grievances: On the petition of Wm, Carter, for payment for services as Deputy Mar¬ shal, in 1860; On the memorial of John S. Burch, praying compensation for a slave who died in the public service; On the account of the Charleston Mercury, for printing done for the State; On the petition of J. J. Belser, praying compensation for a slave exe¬ cuted; all of which were ordered for consideration to-morrow. Mr. ARTH UR also submitted the following reports of same Committee, on the reports of the Committee on Claims, of the House of Representatives, (recommending concurrence :) On the account of the Sumter Watchman, for public printing; On the account of the Horry Dispatch, for public printing; On the account of W. J. McKerral, for public printing; On the account of the Yorkville Enquirer, for public printing; On the petition of F. Gossett, praying payment for jail fees; On the petition of Joseph L. Breeden, Sheriff of Marlboro' District, for money expended by him under a requisition of the Governor; TUESDAY, DECEMBER 9, 1862. 93 On the account of J. M. Brown, of the Darlington Southerner, for*public printing; On the account of A. S. Willington & Co., of the Charleston Courier, for public printing; all of which were ordered for consideration to-morrow. Mr. E. Gr. PALMER, from the Committee on Agriculture and Internal Improvements, reported A Bill to vest the Columbia Canal in the City Council of Columbia for the term of years therein mentioned. The Bill received the first reading, and was ordered for a second reading to-morrow, and to be printed. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The report of the Committee on the Judiciary, On the memorial of Giles J. Patterson, in relation to the office of Commis¬ sioner in Equity for Chester District, was agreed to. The report of the same Committee, on the communication of J. L. Peti- gru, Commissioner of the Code, was agreed to, and ordered to be sent to the House of Representatives for concurrence. The report of the Committee on Finance and Banks, On a resolution for preventing the sale of bills of the Banks of the State at a premium; and The report of the Committee on Incorporations and Engrossed Acts, On a Bill to incorporate the Importing and Exporting Company of South Carolina, were ordered to be placed in the General Orders of the Day for to-morrow. The General Orders were disposed of. The House of Representatives sent to the Senate the following message: 1 House op Representatives, December 9, 1862. Mr. President, and Gentlemen of the Senate: This House respectfully concurs with the Senate to unite, Thursday, 11th inst., at 1, P. M., in a ballot for Judge of the Appeal Court. By order of the House, A. P. ALDRICH, Speaker. The House of Representatives also sent t© the Senate, for concurrence, A resolution for the appointment of an additional Magistrate for Edgefield District; which was referred to the Committee on Accounts and Vacant Offices; and A resolution in relation to the drafts of Commissioners of Free Schools; which was referred to the Committee on the College, Education and Religion. 94 JOURNAL OF THE SENATE, Mr. LESESNE offered the * following resolution, which was considered and agreed to : Resolved, That the privilege of a seat on the floor of the Senate be offered to the Hon. Arthur P. Hayne, a distinguished officer in the war of 1812. The Senate proceeded to the SPECIAL ORDER FOR ONE O'CLOCK, P. M. . Resolutions, from the House of Representatives, relative to the Governor and Council. Mr. THOMSON asked to be excused from voting oh the 5th and 6th resolutions, on the ground that the said 5th and 6th resolutions are admitted to*contain, and do involve, censure of a body whose acts are not properly the subjects of review by the Senate. On the question being taken, the Senator was excused. Mr. FICKLING moved to reconsider the vote just taken, ana tnis monon prevailed. The matter being again before the Senate for consideration, Mr. THOM¬ SON asked leave of the Senate to be excused from voting on the resolutions, and on the question being taken, the Senator was excused. Mr. WILSON moved that the resolutions do lie on the table, which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are: 7 / Messrs. Barker, Blakeney, Boykin, Furman, Hart, Hope, W. D. Johnson, Keitt, Lawton, Mazyck, McCaw, Murray, Oswald, S. W. Palmer, Rhett, Wilson. Those who voted in the negative, are : Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Beaty, Boyle, Bull, Fickling, Harrison, Houser, Lesesne, Manning, Maxwell, McAliley, J. W. Miller, Moses, E. G-. Palmer, Simkins, Wortham. In the affirmative, 16; In the negative, 18. The motion, therefore, did not prevail. On motion of Mr. McALILEY, the Senate adjourned at a quarter-past 4 o'clock, P. M. WEDNESDAY, DECEMBER 10, 1862. 95 WEDNESDAY, DECEMBER 10, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Mullally. The Clerk read the Journal of the proceedings of yesterday. The PRESIDENT announced that the business first in order was the resolutions, from the House of Representatives, relative to the Executive Council, which were under debate when the House adjourned yesterday. On motion of Mr. MOSES, the Special Order was discharged, and the same subject was made the Special Order for this day at 2, P. M. Mr. MOSES submitted the following report: The Special Joint Committee of six, to whom were referred sundry Ordi¬ nances of the Convention, ask leave to be discharged from the further con¬ sideration of the following Ordinances : An Ordinance to exempt overseers from the performance of military duty. An Ordinance in relation to a portion of the militia; An Ordinance to enable citizens of the State who are engaged in military service to exercise the ri^ht of suffrage ; An Ordinance to provide for the removal of negroes and other property from portions pf the State which may be invaded by the enemy. The Committee was discharged accordingly, and the several subjects were referred as follows: An Ordinance to exempt overseers from the performance of military duty, and an Ordinance in relation to a portion of the militia, were referred to the Committee on the Military and Pensions. An Ordinance to enable citizens of the State who are engaged in military service to exercise the right of suffrage, was referred to the Committee on Privileges and Elections. An Ordinance to provide for the removal of negroes and oth^r property from portions of the State which may be invaded by the enemy, was re¬ ferred to the Committee on the Judiciary. Mr. MOSES also presented the account of Samuel Watson, Sheriff of Sumter District, for articles furnished jail; which was referred to the Com¬ mittee on Claims and Grievances. REPORTS OE COMMITTEES. Mr. APPLEBY presented the report of the Commissioners of Free Schools for St. George's, Dorchester; which was referred to the Committee on the College, Education and Religion. 96 JOURNAL OF THE SENATE, Mr. HOPE, from the Special Committee on the subject of relief to sol¬ diers' families, to which had been recommitted a Bill reported by that Com¬ mittee, and to which had been referred an amendment thereto, and an amendment to " the amendment, submitted a report, recommending the adoption of the amendment to the amendment offered by Mr. McAliley, together with certain amendments recommended by the Committee; and the Committee further recommended that all other matters referred to it do lie on the table. The report was ordered for consideration to-morrow, and to be printed. Mr. MOSES submitted the following report: The Committee on the Judiciary, to which was referred a communication from the Clerk of the Senate, relative to certain amendments being intro¬ duced on the Journal, beg leave respectfully to report: That they have considered the same, and they think the Clerk has taken a correct view of the object of the order made in 1861 by the Senate.' The Committee does not think amendments, even though offered in writing, should be entered on the Journal, when they relate to verbal alterations, and the perfecting of the details of Bills and other documents. The Clerk has-correctly construed the intention of the order .to be to place important propositions on record, or such as modify or change the measures before the Senate. Your Committee, therefore, recommend the adoption of the following resolution: • Resolved, That hereafter written amendments offered to Bills, Reports, &c., upon which the yeas and nays are not called, shall riot be recorded on the Journal, unless the substance involves some material change or modifi¬ cation of the paper before the Senate; and if the Clerk is'in any doubt in such cases, he shall be governed, as heretofore, by the opinion of the pre¬ siding officer of this body. All of which is respectfully submitted. F. J. MOSES, Chairman. Mr. SIMPSON submitted the following reports of the Committee on Incorporations and Engrossed Acts: On a Bill to continue of force an Act entitled u An Act to authorize cer¬ tain Building and Loan Associations to suspend the call for monthly in¬ stalments," and also on a memorial on the same subject; On a memorial of sundry citizens, praying the charter of a railroad to obtain coal from the coal fields of North Carolina, and also on a Bill to char¬ ter the Shelby and Broad River Railroad Company; WEDNESDAY, DECEMBER 10, 1862. 97 On a Bill to incorporate the Carolina Cotton and Woolen Factory, and on a petition upon the same subject; all of which were ordered for conside¬ ration to-morrow, and the last two to be printed. Mr. WARE submitted the report of the Committee on Accounts"and Vacant Offices, On a Bill .to provide for the appointment of Commissioners of thelPoor for Darlington District; which was ordered for consideration to-morrow. Mr. McALILEY submitted the following reports of the Committee on Finance and Banks: On the petition of Perry F. Buckner, to be relieved from paying the costs of a tax execution; On the petition of Mrs. Elizabeth Hinson, praying to be refunded a Con¬ federate War Tax wrongfully paid. Reports of the Committee on Finance and Banks, on the reports "of the Committee of Ways and Means, of the House of Representatives (recom¬ mending concurrence in the following) : On the petition of P. R. Blalock, to be refunded a tax twice paid; On the petition of S. B. Sturn, to be refunded a sum of money paid to the Collector of the War Tax for Edgefield Dir'rict; On the report of the Commissioners of the Poor for Georgetown District; On the petition of J. J. Cheatham and others, to be refunded a War Tax twice paid; On the petition of B. S. D. Muekenfuss, to be refunded a War Tax paid by mistake; On the petition of T. C. Boiling, to be refunded an excess of War T{ix; On the petition of Daniel H. Holland, to be refunded an excess of War Tax; On the abstract of persons admitted into the Aims-House at Charleston, for 1862, and expenditures therefor; which were ordered for consideration to-morrow. Mr. E. G. PALMER submitted the unfavorable reports of the Committee on Agriculture and Internal Improvements, on resolutions from the Pendle¬ ton Agricultural Society; and On a resolution, from the House of Representatives (recommending con¬ currence), requesting the Governor to distribute salt; which were ordered for consideration to-morrow. Mr. GARLINGTON presented the petition of holders of lots on Sulli¬ van's Island, praying exemption from taxation during the war; which was referred to the Committee on Finance and Banks. Mr. W. D. JOHNSON presented the petition of sundry citizens of Marl¬ boro' District, praying relief against arbitrary arrests for military service; which was referred to the Committee on Military and Pensions. 13 98 JOURNAL OF THE SENATE* Mr. SIMKINS presented the petition of sundry citizens of Edgefield Dis¬ trict, praying that the jurisdiction of the Court of Ordinary be extended in certain respects; which was referred to the Committee on the Judiciary. Mr. LESESNE presented the petition of Thomas F. Davis, Bishop of the Protestant Episcopal Church in South Carolina, praying for a general Act of Incorporation of Episcopal Churches in the State; which was referred to the Committee on Incorporations and Engrossed Acts. Mr. McCAW offered a resolution authorizing the Governor to appoint an Assistant Adjutant General; which was referred to the Committee on the Military and Pensions. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The report of the Committee on Incorporations and Engrossed Acts, On a Bill to incorporate, with uniform rights, powers and privileges, Prot¬ estant Episcopal Congregations in South Carolina, was recommitted, on motion of Mr. MURRAY. The reports of the Committee on Claims and Grievances, On the petition of Wm. Carter, for payment as Deputy Marshal; On the memorial of John S. Burch, for compensation for a slave who died in the public service; On the account of the Charleston Mercury, for public printing; On the petition of J. J. Belser, praying compensation for a slave execu¬ ted, were agreed to, and were ordered to be sent to the House of Represen¬ tatives for concurrence. The following reports of the Committee on Claims, of the House of Rep¬ resentatives, were concurred in, and returned : On the account of the Sumter Watchman, for printing: On the account of the Horry Dispatch, for public printing; On the account of W. J. McKerral, for public printing; On the account of the Yorkville Enquirer, for public printing; On the petition of F. Gossett, for payment of jail fees; On the petition of Jos. L. Breeden, of Marlboro' District, for moneys ex¬ pended by him under a requisition of the Governor; On the account of the Darlington Southerner, for public printing; On the account of A. S. Willington & Co., of the Charleston Courier, for public printing. A Bill to vest the Columbia Canal in the City Council of Columbia for the term of years therein mentioned, was amended by striking out " Council," from the title, and the Bill received the second reading, was agreed to, and was ordered to be sent to the House of Representatives. WEDNESDAY, DECEMBER 10, 1862. 99 A Bill to incorporate the Importing and Exporting Company of South Caroling,, heing before the Senate, on the second reading, Mr. MAZYCK offered the following amendment to the 6th Section : Sec. 6. In case the capital of the said Company shall at any time be sunk, or diminished or impaired by losses in trade or the depreciation of property, or in any other way, it shall be restored to its original amount by contribu¬ tions, to be made by the stockholders in proportion t© their respective inter¬ ests in the same; and if they shall continue to carry on business without having restored the capital as afores_aid, then the stockholders shall be indi¬ vidually liable for the debts of the Company, in the same manner as if they were not incorporated. On the question of agreeing to the amendment, the yeas and nays were ordered, and they are as follows : Those who voted in the affirmative, are : Messrs. Barker, Beaty, Boyle, Houser, Keitt, Mazyck, McKewn. Those who voted in the negative, are : Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Blakeney, Garlington, Harrison, Hope, W. D. Johnson, Lawton, Lesesne, Maxwell, McAliley, McCaw, J. W. Miller, Moses, Murray, Oswald, E. G. Palmer, S. W. Palmer, Rh^tt, Simpson, Thomson, Ware, Wortham. In the affirmative, 7; In the negative, 24. The amendment, therefore, was not agreed to. The reading of the Bill was then concluded, and it was agreed to, and sent to the House of Representatives. The unfavorable report of the Committee on Finance and Banks, on a resolution in relation to the sale of bills of the banks of the State at a pre¬ mium, w.as ordered to be placed in the General Orders of the Day for to¬ morrow. The General Orders were disposed of. Mr. THOMSON, from the Special Committee, reported A Bill to organize a supply of negro labor for coast defence, in compliance with requisitions of the Confederate Government; which received the first reading, and was ordered for a second reading to-morrow, and to be printed. Mr. HARRISON offered the following preamble and resolution: The number of applications being made to this General Assembly by citizens of this State, for compensation for slaves killed or injured, or dying from disease, whilst in the service of the State, renders it advisable that a speedy, certain and satisfactory mode for the adjustment of such claims should be adopted; therefore, 100 JOURNAL OF THE SENATE, Resolved, That the Committee on the Judiciary be instructed to inquire and report as to the expediency and propriety of establishing a Court for the adjudication of such claims, with leave to report by Bi^ The resolution was considered, and agreed to, and the Committee was in¬ structed accordingly. The House of Representatives sent to the Senate, A Bill to authorize the State to guarantee the bonds of the Confederate States; which received the first reading, and was referred to the Committee on Finance and Banks. At 2, P. M., the Senate proceeded to the Special Order for this hour- resolutions from the House of Representatives—which are as follows: Resolved, 1. That we feel unabated respect and affection for our State Constitution, which has so long secured the rights and contributed to the prosperity of the citizens of the State. Resolved, 2. That we still regard the separation of the Legislative, Ex¬ ecutive and Judicial powers as fundamental, and necessary to the existence of the Constitution. Resolved, 3. That all attempts to set aside this necessary distinction, and to associate these separate departments of political power, should be regarded as mischievous, and if successful, must inevitably lead either to anarchy or despotism. Resolved, 4. That according to experience and sound theory, Conventions should only be called to provide for important organic changes, and not to conduct the Government of the State, either directly or through Committees or Council appointed for that purpose. Resolved, 5. That there is, and always must be, an essential difference as to power, capacity and right, between the people themselves and any Con¬ vention of their Delegates, for whatever purpose assembled, and that to con¬ found this must in the end lead to gross usurpation and wrong. Resolved, 6. That we regard with profound regret any measures which may have been adopted by the late Convention at variance with these prin¬ ciples, or any such action as may have been bad under its countenance, and feel that it is incumbent upon this Legislature to remedy, as far as they can, any mischief or inconvenience that may have resulted therefrom. The first five resolutions were concurred in without a division. On the question of concurring to the 6th resolution, the yeas and nays were ordered, and they are as follows : Those who voted in the affirmative, are: WEDNESDAY, DECEMBER 10, 1862. 101 Messrs. Appleby, Arthur, Boaty, Blakeney, Boyle, Ellis, Fielding, Gar- lington, Harrison, Houser, Keitt, Lesesne, Manning, Maxwell, McAliley, McKewn, E. A Miller, J. W. Miller, Moses, E. G. Palmer, Sessions, Sim- kins, Simpson, Ware, Wortham. Those who voted in the negative, are: Hon. W. D. Porter, President; Messrs. Barker, Hart, W. D. Johnson, Lawton, Mazyck, McCaw, Murray, Oswald, S. W. Palmer, Rhett. In the affirmative, 25; In the negative, 11. The resolution was, therefore, concurred in; and the resolutions were con¬ curred in, and returned to the House of Representatives. The PRESIDENT assigned the following reasons for his vote on the 6th resolution : The PRESIDENT said: I desire to express my reasons for the vote I shall give. The first five resolutions contain declarations of principle. Upon these I have no objection to express my judgment. They may be necessary or proper to define the position of the General Assembly upon matters which have agitated the people of the State. It is perhaps due to the people that their representatives should express, in some such form, what are believed to be their convictions. Upon the first four resolutions there does not appear to be any difference of opinion. In relation to the fifth, it is my opinion that a " Convention of the People " (so called in the Constitution) speaks properly in the name of the people, and exercises their whole power upon the subject matter re¬ ferred to it; but at the same time, I believe that a Convention called by legislative authority, under the Constitution, and existing and acting con¬ currently with the organized Government, may and should be limited. The people put limitations upon themselves by their fundamental law; and these limitations operate practically so long as that law is in force. The distinc¬ tion seems to me to be clear between a revolutionary Convention, where the political elements are at large, and the people are seeking to form a Government for themselves, and a constitutional Convention, which springs from, and recognizes the existence of, the organized Government. The former is without limitation—the latter is and should be limited. Any other doctrine would place the people at the mercy of their delegates, in relation to matters with which they never intended to charge them, and might bring about changes in their organic law which they could restore only by force. If, then, a Convention can be limited in the range of its action, it must be something less in " power, capacity and right," than the people themselves; and this, whether its acts, in excess or transgression of the purposes for which it was called, be the subject-matters of judicial cor- rectioh, or only moral wrong, as violations of good faith. 102 JOURNAL OF THE SENATE, The sixth resolution has reference to the acts and measures of the Con¬ vention. lam unwilling to join in a general censure, whetherxdirect or in¬ direct, the action of a body which contained within itself soapich patriotism and wisdom, and which has conferred such oreat and eminent services upon the State. The censure is vague, and without specification. If anything has been done by the Convention which requires a remedy at the hands of the Legislature, I shall be ready to vote upon the Bill or Resolution which proposes to correct the mischief or inconvenience. But I am unwilling, by a general resolution, to condemn the action of the Convention, or to per¬ petuate an antagonism between it and the General Assembly. The record of both will go down to a late posterity, who will pronounce upon each the impartial verdict of history. I hope and believe they will find enough in both to attract their admiration and their gratitude. Upon the 6th resolution I vote, no. On motion of Mr. MOSES, the Senate adjourned at 15 minutes past 2, P.M. THURSDAY, DECEMBER 11, 1862. The Senate met at 12, M. Prayer by the Rev. Dr. Reynolds. The Clerk read the JoUrnal of the proceedings of yesterday. REPORTS OF COMMITTEES. Mr. SIMPSON submitted the report of the Committee on Incorporations' and Engrossed Acts, On a petition of Thos. F. Davis, Bishop of the Protestant Episcopal Church in South Carolina, for a general Act of Incorporation of the Episco¬ pal Churches in the State; and also, On a Bill to incorporate, with uniform rights, powers and privileges, Protestant Episcopal Congregations in South Carolina; which was ordered for consideration to-morrow. Mr. MOSES submitted the report of the Committee on the Judiciary, On a Bill to continue in force an Act entitled " An Act to extend relief to debtors, and to prevent the sacrifice of property at public sales;" which was ordered for consideration to-morrow. THURSDAY, DECEMBER 11, 1862. 103 Mr. LAWTON submitted the report of the Committee on the Lunatic Asylum and Medical Accounts,, On the account of Dr. R. W. Bates, for a post mortem examination; which was ordered ^^consideration to-morrow. And also the report of the same Committee, On the report of the Medical Committee, of the House, on the account of Drs. Powell and Templeton, for a,post mortem examination; which was ordered for consideration to-morrow. - Mr. McALILEY submitted the report of the Committee on Finance and Banks, On resolutions in relation to the currency; which was ordered for con¬ sideration to-morrow; And also the report of the same Committee, On a Bill to guarantee the bonds of the Confederate States; which was ordered for consideration to-morrow, and to be printed. Mr. W. R. JOHNSON submitted t^ie report of the Committee on the Lunatic Asylum and Medical Accounts, On the report of the Medical Committee, of the House, on the account of Dr. Jos. F. Howell, for a post mortem examination; which was ordered for consideration to-morrow. Mr. WILSON submitted the report of the Committee on Commerce, Manufactures and the Mechanic Arts, On the petition of the Trustees of the Marine School of Charleston, praying aid, and On so much of the G-overnor's Message as refers to the same subject; which was ordered for consideration to-morrow. Mr. McALILEY, from the Committee on Finance and Banks, to which had been referred A Bill to punish persons or corporations for sale or purchase of bills of any of the local banks of any State in the Confederacy at a premium, sub¬ mitted a report, recommending that the Bill do not pass. The report was ordered for consideration to-morrow, and the Bill and re¬ port were ordered to be printed. The Committee on the Judiciary was discharged from the further con¬ sideration of the report of the Commissioners for the city of Charleston, in relation to the removal of non-combatants, and The Ordinances and resolutions of the Convention on the same subject; and the several matters were referred to the Committee on Finance and Banks. The Senate granted leave to Mr. SESSIONS to withdraw from its files the account of William Carter. 104 JOURNAL OF TilE SENATE, Mr. HOPE offered a resolution providing that the chairman of the Com¬ mittee of Roads and Buildings, of the Senate, and of Roads, Bridges and Ferries, of the House of Representatives, do send with the Road Bill the petitions, memorials, &c., referring to the matters embracfW in the Bill; which was considered, and agreed to, and sent to the House of Representa¬ tives for concurrence. Mr. BLAKENEY presented the account of Dr. D. J. McRae, for- a post mortem examination; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. The House of Representatives returned to the Senate A Bill to suppress the undue distillation of spirituous liquors from the cereal grains of this State; which had been twice read in each House, and had been amended by the House of Representatives on the second reading. The Bill and the amendments were ordered to he printed, and the Bill was ordered for a third reading to-morrow. Mr. LESESNE offered a resolution providing for the appointment of an agent to proceed to Richmond for the settlement of .accounts against the Confederate Government; which was referred to the Committee on Finance and Banks. At 1, P. M., pursuant to previous orders, the Senate joined the House in a ballot forjudge of the Court of Appeals. Messrs. Lawton and Lesesne were appointed the Committee, on the part of the Senate, to count the ballots. Message No. 10, from his Excellency the Governor, referring to the re¬ moval of records to the new State House, and guarding the same, was com¬ municated to the Senate, and was read by Mr. F. J. Moses, Jr. The Message was referred to the Committee on the New State House. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The following Bills received the second reading, were agreed to, and were sent to the House of Representatives : A Bill to charter the Shelby and Broad River Railroad Company; A Bill to continue of force an Act entitled an Act to authorize certain Building and Loan Associations to suspend the call for monthly installments. A Bill to provide for the appointment of Commissioners of the Poor for Darlington District; A Bill to incorporate the Carolina Cotton and Woolen Factory. The unfavorable report of the Committee on Finance and Banks, On the petition of Perry F. Buckner, to be relieved from paying the costs of a tax execution, was agreed to. The report of the Committee on Finance and Banks, THURSDAY, DECEMBER 11, 1862. 105 On the petition of Elizabeth Hinson, praying to be refunded a Confede¬ rate War Tax wrongful!^ paid, was agreed to, and was ordered to be sent to the House of Representatives for concurrence. **?The following reports were concurred in, and returned to the House of Representatives: The repots of the Committee of Ways and Means, On'the petition of P. R. Blalock, to be refunded a tax twice paid ; On the petition of S. B. Sturn, to be refunded a sum of money paid to the Collector-of the War Tax for Edgefield District; On the report of the Commissioners of the Poor for Georgetown District; On the petition of J. J. Cheatham and others, to be refunded a War Tax twice paid; „On the petition of B. S. D, Muckenfuss, to be refunded a War Tax paid by mistake; On the petition of T. C. Boiling, to be refunded an excess of War Tax; On the petition of Daniel H. Holland, to be refunded an excess of War Tax; On the abstract of persons admitted into the Aims-House at Charleston for 1862, and expenditures therefor. The unfavorable report of the Committee on Pinance and Banks, On a resolution in relation to the sale of bills of the Bank of the State at a premium (resolution introduced by the Senator from Sumter), was, on motion of Mr. MOSES, ordered to lie on the table. The unfavorable report of the Committee on Agriculture and Internal Improvements, On the resolutions of the Pendleton Agricultural Society, was agreed to. A resolution, from the House of Representatives, requesting the Governor to distribute the ocean salt on hand to the different Boards for Soldiers' Relief throughout the State, was concurred in, and returned to the House of Representatives. The report of the Special Committee on the subject of relief to soldiers' families, on the recommitted Bill and amendments (the Committee recom¬ mend the passage of the amendment to the amendment offered by Mr. Mc- ALILEY), was made the Special Order of the Day for to-morrow, at 1, p. m! A Bill to organize a supply of negro labor for coast defence, in compli¬ ance with requisitions of the Confederate Government (reported by the Special Committee on that subject), was made the Special Order of the Day for to-morrow at 2, P. M. The General Orders were disposed of. Mr. LAWTON, from the Committee to count the ballots for Judge of the Court of Appeals, reported that Thomas J. Withers had received a ma- 14 106 JOURNAL OF THE SENATE, jority of the ballots cast, and he was declared by the PRESIDENT duly elected accordingly. The House of Representatives sent to the Senate, for concurrence, the fol¬ lowing resolution, which was ordered for consideration to-morrow : Resolved, That the General Assembly will recede from business on1 Thursday, the 18th December, inst., at 12, M., and will re-assemble for business on Tuesday, 20th January, 1868, at 7, P. M. On motion of Mr. HARRISON, the Senate adjourned at 2 o'clock, P. M, FRIDAY, DECEMBER 12, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Yates, The Clerk read the Journal of the proceedings of yesterday. REPORTS OF COMMITTEES. Mr. LAWTON submitted the report of the Committee on the Lunatic Asylum and Medical Accounts, On the report of the Regents of the Lunatic Asylum, i Mr. APPLEBY submitted the report of the Committee on the Lunatic Asylum and Medical Accounts, On the account of Dr. W. C. Freeman, for a post mortem examination. Mr. McCAW submitted the report of the Committee on the New State House, On the report of the Architect, Superintendent, and Commissioner; which were ordered for consideration to-morrow, and the last was ordered te be printed. The House of Representatives sent to the Senate The report of the Committee on Privileges and Elections, on sundry petitions from citizens of several Districts, praying for changes %in certain election precincts; which was referred to the Committee on Privileges and Elections. The PRESIDENT laid before the Senate the report of the Solicitor of the Western Circuit; which was referred to the Committee on the Ju¬ diciary. FRIDAY, DECEMBER 12, 1862. 107 Mr. LAWTGN presented tlie petition of W. A. Willingham, to be re¬ funded a double War Tax; which was referred to the Committee on Finance and Banks. Mr. MOSES presented the petition of Edgar N. Plowden, praying com¬ pensation for a slave who died in the service of the State; which was re- 'ferred to the Committee on Claims and Grievances; also, The petition of E. R. Plowden, for compensation for a slave lost in the service of the State; which was referred to the same Committee. The Senate, on motion cf Mr. E. G. PALMER, reconsidered the vote taken yesterday on concurring in a resolution, from the House of Represen¬ tatives, for a distribution of salt. On motion of Mr. E. G. PALMER, a message was sent to the House of Representatives, asking leave to strike out the word " ocean" from the res¬ olution. So that, if amended, the resolution would include for distribution all the salt in the hands of the State authorities. The Senate proceeded to the GENERAL ORDERS OF THE DAY. Mr. HARRISON moved to take up, out of its order, A resolution, from the House of Representatives, for suspending the busi¬ ness of the General Assembly from the 18th December, at 12, M., until the 20th of January, 1863, at 7, P. M. On the question of agreeing to the resolution, the yeas and nays were •ordered to be taken, and they are as follows: Those who voted in the affirmative, are: Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Barker, Ellis, Fickling, Garlington, W. R. Johnson, Lawton, Mazyck, Oswald, S. W. Palmer, Sessions, Simpson, Thomson, Wortham. Those who voted in the negative, are: Messrs. Beaty, Blakeney, Boykin, Harrison, Hart, Hope, Houser, W. D. Johnson, Keitt, Lesesne, Manning, Maxwell, McAliley, McCaw, J. W. Miller, Moses, Murray, Simkins, Warp. In the affirmative, 16 ; In the negative, 19. The resolution was not concurred in, and it was, consequently, rejected. The unfavorable report of the Committee on the Lunatic Asylum and Medical Accounts, On the account of Drs. Powell and Templeton, for a post mortem ■examination, was agreed to, and the House report was rejected. The unfavorable report of the same Committee, 108 JOURNAL OF THE SENATE, Or\ the account of Dr. R. W. Bates, for a post mortem examination, was agreed to. Resolutions, from the House of Representatives, in relation to the currency being before the Senate, for consideration, Mr. MAZYCK moved to strike out from the first resolution the following words: "there being in actual circulation two hundred and fifty millions of dollars in Treasury notes, when one hundred million would afford an ample supply for the business of the country/' The motion prevailed, and the message was ordered to be sent to the ■ House of representatives; but before it was sent, Mr. MOSES moved that all the resolutions do lie on the table, and the same was ordered. The report of the Committee on the Judiciary, On a Bill to continue in force an Act entitled An Act to extend relief to debtors, and to prevent the sacrifice of property at public sales," was, on motion of Mr. ARTHUR, made the Special Order of the Day for Monday, at 1, P. M. A Bill to incorporate, with uniform rights, powers and privileges, Protes¬ tant Episcopal Congregations in South Carolina, received the second reading, was agreed to, and was sent to the House of Representatives. SPECIAL ORDER FOR 1, P. M. At this hour the Senate proceeded to the Special Order, viz: The report of the Special Committee on the recommitted report of that Committee, On a Bill to alter and amend an Act to afford aid to the families of -soldiers, passed in the year of our Lord one thousand eight hundred and sixty-one, and the amendment thereto, and amendment to the amendment. In pursuance of the recommendation of the Committee, all in the original Bill after the tenacting clause was stricken out. The amendment (offered by Mr. HARRISON) was then (also in pursu¬ ance to the recommendation of the Committee) ordered to lie on the table, and the question recurred on the amendment to the amendment (offered by Mr. McALILEY). This amendment being before th'e Senate, Mr. HARRISON moved to strike out all after the enacting clause, and insert, as an amendment, a Bil) which he offered. Mr. MAZYCK moved that this amendment do lie on the table, which was ordered. On the question of agreeing to the Bill, the yeas and nays were ordered, and they are as follows : Those who voted in the affirmative, are : Hon. W. D. Porter, President; Messrs. Appleby, Arthur, Barker, Beaty, Blakeney, Ellis, Harrison, Hart, Hope, Houser, W. D. Johnson, W. FRIDAY, DECEMBER 12, 1862. 109 R. Johnson, Keitt, Lawton, Lesesne, Manning, Maxwell, Mazyck, McAliley, McCaw, Miller, Moses, Murray, Oswald, E. G. Palmer, S. W. Palmer, Ses¬ sions, Simkins, Simpson, Thomson, Ware, Wortham. Those who voted in the negative are : Messrs. Boykin, Fickling. In the affirmative, 33; In the negative, 2. The Bill was, therefore, agreed to, and was sent to the House of Repre¬ sentatives. Message No. 11, from his Excellency the Governor, covering a commu¬ nication from the Governor of Alabama, with resolutions from the Legisla- ' O ture of that State, in relation to guaranteeing the bonds of the Confederate States, was communicated to the Senate, and was referred to the Committee on Finance and Banks, and was ordered to be printed. A Bill to organize a supply of negro labor for coast defence, in compli¬ ance with requisitions of the Confederate Government, was, on motion of Mr. THOMSON, made the Special Order of the Day for 1, P. M. The Senate granted leave to Mr. KEITT to withdraw from its files the account of Dr. R. W. Bates, for a post mortem examination. Mr. WILSON offered the following resolutiog : Resolved, That a Committee of three members of the Senate be appointed to take into consideration the subject of a. recess by the General Assembly, and that a message be sent to the House, proposing the appointment of a similar Committee, to confer with the Committee proposed to be-raised by the Senate. The resolution was agreed to. Messrs. Wilson, Mazyck and McAliley were appointed the Committee, on the part of the Senate, and a message was sent to the House of Represen¬ tatives accordingly. The House of Representatives sent to the Senate the following message : House op Representatives, December 12, 1862. Mr. President, and Gentlemen of the Senate: The House of Representatives respectfully grants leave to amend the resolution in regard to the distribution of salt, by striking out the word " ocean," so as to read, " all the salt on hand," &e., &c. By order of the House, A. P. ALDRICH, Speaker. 110 JOURNAL OF THE SENATE, The resolution was then amended, pursuant to leave granted, and was con¬ curred in, and returned. The House of Representatives also sent to the Senate A Bill to authorize and empower the First Corps of Reserves to elect their field officers; which received the first reading, and was referred to the Committee on the Military and Pensions. Mr. LESESNE presented the account of the Clerk of the Senate, for stationery aud other expenses for the Senate; which was referred to the Committee on Claims and Grievances. A Bill, from the House of Representatives, to authorize the State to guar¬ antee the bonds of the Confederate States, received the second reading; the title was changed so as to read, a Bill to provide for a guarantee by the State of the bonds of the Confederate States; the Bill was agreed to, and it was returned to the House of Representatives. On motion of Mr. SESSIONS, the Senate adjourned at 4, P. M. SATURDAY, DECEMBER 18, 1862. The Senate met at-12, M. Prayer by the Rev. Mr. Walker. The Clerk read the Journal of the proceedings of yesterday. The following message was received from the House of Representatives 5 House op Representatives, December 13, 1862. Mr. President, and Gentlemen of the Senate: The House respectfully concurs with the Senate, to appoint a Committee of conference in the matter of a recess of the General Assembly. The Com¬ mittee on the part of the House being Messrs. Wilmot G. DeSaussure, J. D. Aiken, and J. McCullough. By order of the House, A. P. ALDRICH, Speaker. Mr. E. G. PALMER submitted the return of the Commissioners of Free Schools for Fairfield, for the year 1862; which was referred to the Commit¬ tee on the College, Education and Religion. . Mr. E. G. PALMER also submitted the report of the Committee on Finance and Banks, SATURDAY, DECEMBER 13, 1862. Ill On the memorial of the Mayor and Aldermen of the City of Columbia, asking an appropriation for the relief of the transient poor ; which was ordered for consideration on Monday next. Mr. WILSON submitted the following report: The Committee of Conference, to whom was referred the matter of a re¬ cess, report: That they have considered the matter, and recommend the adoption of the appended resolution. Respectfully submitted, BENJ. II. WILSON, Chairman of the Senate Committee. WILMOT G. DeSAUSSURE, Chairman of the House Committee. Resolved, That the General Assembly will take a recess from Thursday, 18th inst., at 12, M., until Tuesday, 20th January, at 7, P. M. A similar report was received from the House of Representatives, for con¬ currence. On the question of agreeing to the resolution, the yeas and nays were ordered to be taken, and they are as follows: Those who voted in the affirmative are : Hon. W. D. Porter, President; Messrs. Appleby, Barker, Beaty, Blake- ney, Boykin, Boyle, Fickling, Hart, W. R. Johnson, Lawton, Lesesne, Mazyck, S. W. Palmer, Roberds, Sessions, Wilson, Wortham. Those who voted in the negative, are: Messrs. Hope, Houser, W. D. Johnson, Maxwell, McAliley, McCaw, Miller, Moses, Murray, E. G. Palmer, Ware. In the affirmative, 18; In the negative, 11. The report was, therefore, agreed to. The resolution was, therefore, agreed to, and the House report and resolu¬ tion were then concurred in, and returned to the House of Representatives. A message was received from the House of Representatives, as follows, and was referred to the Committee on Claims and Grievances : House or Representatives, December 13, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully requests leave of the Senate to amend the report of the Committee on Claims and Grievances, of the Senate, on the petition of J. B. O'Neall, praying the payment of a quarter's salary due to Thomas 112 JOURNAL OF THE SENATE, J. Gantt, deceased, the late Clerk of the Court of Appeals, by striking out the words, "one hundred and fifty dollars," and to insert the words, "one hundred and sixteen dollars and sixty-six cents." By order of the House, A. P. ALDRICH, Speaker. Mr. MOSES offered the following resolution, which was agreed to, and was sent to the House of Representatives for concurrence : Resolved, As the sense of the Legislature, in view of the intended recess, that the Committees to whom the Contingent Accounts of the State are re¬ ferred, be requested so to report, if possible, that a Bill making the neces¬ sary appropriation therefor may be passed before the recess. Message No. 12, from his Excellency the Governor, was communicated to the Senate, as follows, and was referred to the Committee on the Military and Pensions: MESSAGE NO 12. STATE OF SOUTH CAROLINA. Executive Department, Columbia, December 13, 1862. Gentlemen of the Senate and Bouse of Representatives: The Convention passed the following resolution: " Resolved, unanimously, That this Convention begs most sincerely to mingle its sympathies with the relatives and friends of those who have fallen in the service of their country, whether in battle, amidst the clangor of arms, from wounds received in battle, from disease, or from accident; and that the Executive authority of this State be requested to collect the names of all such, and have them transcribed in a suitable record book, designa¬ ting the corps to which they belonged, their rank in the service, and the cause of death, to be preserved amongst the archives of the State, as a token of respect to their memories, and a legacy of inestimable value to their friends." Under this, Wm. B. Johnston, Esq., was appointed, and I now recom¬ mend that some adequate sum be appropriated to enable him to discharge the duty. It is a high and sacred dnty to have the names of our brave and heroic dead properly recorded. I suppose, perhaps, twelve hundred dollars per year will be all that is necessary. F. W. PICKENS. SATURDAY, DECEMBER 13, 1862. 113 The Senate proceeded to the GENERAL ORDERS OF THE DAY. The report of the Committee on the Lunatic Asylum and Medical Accounts, On the report of the Regents of the Lunatic Asylum,, was, on motion of Mr. MOSES, ordered to be placed in the General Orders of the Day for Monday next. The unfavorable report of the Committee on Finance and Banks, "On a Bill to punish persons or corporations for sale or purchase of bills of the local banks of any State in the Confederacy at a premium, was, on motion of Mr. MOSES, ordered to lie on the table; and the Bill was taken up for the second reading. Mr. MAZYCK moved that the Bill do lie on the table; which was or¬ dered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are : Hon. W. D. Porter, President; Messrs. Barker, Boykin, Fickling, Lesesne, Mazyck, McAliley, E. G. Palmer, S. W. Palmer, Roberds, Wortham. Those who voted in the negative, are : Messrs. Appleby, Beaty, Blakeney, Boyle, Hart, Hope, Houser, W. D. Johnson, W. R. Johnsoq, Lawton, Maxwell, McCaw, Miller, Moses, Mur¬ ray, Sessions, Ware. In the affirmative, 11; In the negative, 17. The motion, therefore, did not prevail, and the Bill received the second reading, was agreed to, and sent to the House of Representatives. A Bill to suppress the undue distillation of spirituous liquors from the cereal grains of this State, received the third reading, was passed, its title changed to " An Act," and sent to the House -of Representatives. The unfavorable report of the Committee on the Lunatic Asylum and Medical Accounts, On the report of the Medical Committee, of the House of Representatives, on the account of Dr. Joseph F. Harrell, for a post mortem examination, was agreed to, and the House report was rejected. The unfavorable report of the Committee on the Lunatic Asylum and Medical Accounts, On the account of Dr. W. C. Freeman, for a post mortem examination, was agreed to. The report of the Committee on Commerce, Manufactures and the Me¬ chanic Arts, recommending $7,000 for the Marine School at Charleston; and 15 114 JOURNAL OF THE SENATE, The report of the Committee on the New State House, ^ On the report of the Architect, Superintendent and Commissioner of the New State House, were agreed to, and were sent to the House of Represen¬ tatives for concurrence. On motion of Mr. MOSES, the Special Order for 1, P. M., a Bill to or¬ ganize and supply negro labor for coast defence in South Carolina, in com¬ pliance faith the requisitions of the Confederate Government; was discharged, and the Bill was made the Special Order of the Day for Monday ne^t, at half-past 1, P. M. v On motion of Mr. MURRAY, the Senate adjourned at 2, P. M. MONDAY, DECEMBER 15, 1862, The Senate met at 12, M. Prayer by the Rev. Dr. Leland. The Clerk read the Journal of the proceedings of Saturday, ADDITIONAL SENATOR. Hon. P. T. Hammond, Senator elect from Lancaster, appeared at the Clerk's desk, and presented his credentials. The oath was administered, and he took his seat. Message No. 13 of his Excellency the Governor, was communicated to the Senate, and read by Mr. F. J. Moses, Jr. Mr. SIMKINS offered the following resolution ; Resolved, That the Message be referred to a Special Committee, with in¬ structions to examine and report upon the same, and that it be printed, with the accompanying statement by Mr. James Tupper. The House of Representatives sent to the Senate the following message : House of Representatives, December 15, 1862. Mr. President, and Gentlemen of the Senate : The House having appointed a Committee, consisting of Messrs. R. S. Duryea, J. J. Williams, and W. G. DeSaussure, to examine the accounts of MONDAY, DECEMBER 15, 1862. 115 Ms Excellency, in conformity with his request, respectfully request that the Senate do appoint a similar Committee, to act with the House Committee in that matter. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred, an'd Messrs. Simkins, Moses, and Sessions, were appointed the Committee, on the part of the Senate, and a message was re¬ turned accordingly. The House of Representatives also sent to the Senate the following mes¬ sage, which was concurred in, and a message returned accordingly; House of Representatives, December 15, 1862. M". President, and Gentlemen of the Senate ; The House respectfully proposes to the Senate to go into a ballot for Governor and Commander-in-Chief, to-morrow, at 2 o'clock, P. M. By order of the House, A, P. ALDRICH, Speaker. Also, the following: House of Representatives, December 15, 1862. Mr.' President, and Gentlemen of the Senate : The .House respectfully requests that the Senate do unite with the House in a ballot for Law Judge, in place of Hon. T. J. Withers, to-morrow, at 1 o'clock, P. M. ' By order of the House, A. P. - ALDRICH, Speaker. Mr. MAZYCK moved that the message do lie on the table; which ques¬ tion was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are: Messrs. Appleby, Barker, Beaty, Blakeney, Bull, Garlington, Hammond, Harrison, Hope, Houser, W. D. Jphnson, W. R. Johnson, Keitt, Lawton, Maxwell, Mazyck, McAliley, McCaw, Miller, Oswald, E. Gr. Palmer, Rob- erds, Simkins, Simpson, Thomson, and Ware. Those who voted in the negative, are; Hon. W. D. Porter, President; Messrs. Arthur, Boykin, Bonneau, Boyle, Fickling, Lesesne, Manning, Murray, S. W. Palmer, Sessions, Wil¬ son, and Wortham. In the affirmative, 26; In the negative, 13. 116 JOURNAL OF THE SENATE, The message was, therefore, ordered to lie on the table. The House of Representatives also sent the following, which was ordered to lie on the table : House of Representatives, December 15, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Chancellor, to-morrow, at half-past 2, P. M. By order of the House, A. P. ALDRICH, Speaker, The PRESIDENT laid before the Senate the following communication: Camden, 13th December, 1862.. Hon. J. M. DeSaussure, House of Representatives :. Dear Sir : I thank you for the kindness manifested in your letter, re¬ ceived last night. My best acknowledgments are due, and they are cordially tendered, to the General Assembly, for the distinguishing compliment implied by the vote you have been good enough to report to me, by which I am invited to join the Court of Appeals. I am constrained to aver, and there is no affectation in this, that the General Assembly has more confidence in me than I have in myself, for I seriously question my sufficiency to hear and determine causes on appeal in both Law and Equity in the Court of last resort. Inclination, perhaps, from the habit of sixteen years, leads me to prefer Circuit duty, on the Law Bench. Yet I feel deeply, that in the circumstances which now sur¬ round us all, it is the imperative duty of each to render whatever service he can to the general cause of the country; and I suppose his place can be most fitly assigned by the constituted authorities of the State. In this light, the recent ballot by the General Assembly assumes almost the force of a command; and yielding my inclination and distrust, as I have frankly avowed them, to the deliberate judgment expressed by that body, I accept the seat tendered upon the Bench of the Appeal Court. I beg you to take suitable measures to make this determination known to the two Houses of the Legislature. Accept, I pray you, friendly salutations from Yours, respectfully, T. J. WITHERS. The House of Representatives sent to the Senate the following resolution; which was concurred in, and ordered to be returned: monday, december 15,1862. 117 Resolved, That the President of the Bank of the State of South Carolina be instructed to advance thq per diem and mileage of the members of both branches of the Legislature, and the salaries of the several officers thereof, to the time of recess. The House of Representatives sent to the Senate A Bill to prevent the sacrifice of property at public sales in certain cases; which received the first reading, and was referred to the Committee on the Judiciary. Also, the following message; which was concurred in, and a message re¬ turned accordingly: House op Representatives, December 15, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for President and four Directors of the Bank of the State of South Carolina, on Wednesday next, at 1, P. M. By order of the House, A. P. ALDRICH, Speaker. Leave was granted by the Senate to Mr. OSWALD to withdraw from the files of the Senate the account of Perry P. Buckner, praying to be'relieved from the costs of a tax execution. Mr. OSWALD presented the petition of Jesse Jones, praying payment of a claim against the Statewhich was referred to the Committee on Claims and Grievances. The House of Representatives returned to the Senate An Act to suppress the undjie distillation of4spirituous liquors from the cereal grains of this State; which was referred to the Committee on Incor¬ porations and Engrossed Acts. Mr. MAZYCK presented the report of the Committee on Einance and Banks, On a resolution for appointing an agent to settle claims against the Con¬ federate Government; which was ordered for consideration to-morrow. Mr. MoALILEY presented the report of the same Committee, On the petition of W. A. Willingham, praying to be refunded a double War Tax; On the petition of holders of lots on Sullivan's Island, praying exemption from taxation during the war; which were 02dered for consideration to¬ morrow. The House of Representatives sent to the Senate A Bill to provide for a guaranty by the State of the Bonds of the Con¬ federate Statesj which received the third reading, and it was 118 JOURNAL OF THE SENATE, Resolved, That the Bill do pass; That the title thereof be changed ; that it be called. an Act. Ordered, That it be returned to the House of Representatives. Mr. LAWTON offered the following preamble and resolutions; which were considered, and agreed to, and sent to the House of Representatives for concurrence; South Carolina having been the first State to assert practically the right of State sovereignty, and having dared to maintain her assertion by wresting from the Federal arm, at the canpon's mouth, her arsenal, magazine and forts, it was no idle speculation that took possession of the minds of her people, that within her boundaries the great blow to Republican liberty would be struck; that her soil would be crimsoned with the blood of her best sons, and her territory overrun by a ruthless and infidel foe. The ex¬ periment was made on the seventh' of November, 1861, and whilst it re¬ sulted in the reduction of some of her richest and most fertile islands, so that millions of dollars' worth of her property has been stolen or destroyed, and many of her fair daughters have beeriNdriven from their homes in exile and poverty, still no greater encroachmeuts have been effected on her inland territory, although repeated efforts have been made to throw forward heavy columns to invade and pollute her soil, and thus reduce her metropolis; but the God of battles has been on her side, He has raised up and placed at the head of her victorious armies two warriors, around whom in the day of battle He threw His'aegis of protection. The^ames of Walker and Lamar will live upon the brightest page of Carolina's history-. The one for pre¬ venting the State being- overrun by a lawless and godless enemy, and the other for delivering Charleston from the thraldom of abolition rule. Therefore, Resolved, That the thanks of the State of South Carolina are eminently due to Brig. Gen. W. S. Walker and the lamented Col. Thomas G. Lamar, for their heroic valor, gallant bearing, indomitable courage, and unexampled skill, in conducting the battles at Pocotaligo and Secessionville. Resolved, That the presence of Brig. Gen. Walker on our sea-coast in¬ spires our people with hope and confidence, and the State freely accords to him the credit and honor of twice repelling the enemy, and thus securing from destruction a railroad almost indispensable to our future success. Resolved, That in the death of Col. Thomas G. Lamar, the State of South Carolina has lost a gallant officer, an enterprising citizen, and a devoted patriot. Resolved, That in token of our appreciation of his distinguished military services, and his untiring devotion to the interests of the State in the darkest MONDAY, DECEMBER 15, 1862. 119 hour of her peril, the Governor be requested to select one of his sons for ed¬ ucation, under the recent resolutions of this General Assembly. Resolved, That the Governor be requested to transmit a copy of these resolutions to Brig. General W. S. Walker, and to the bereaved family of the late Col. Thomas G. Lamar. Mr. ARTHUR presented the report of the. Committee on Claims and Grievances, On the account of the Clerk of the Senate, for stationery; which was ordered for immediate consideration, was agreed to, and ordered to be sent to the House of Representatives for concurrence. Mr. WILSON, Tor Mr. E. H. Miller, presented the return of the Com¬ missioners of Free Schools for Williamsburg District, for 1862; which was referred to the Committee on the College, Education and Religion. The Senate proceeded to the SPECIAL ORDER FOR 1, P. M. The report of the Committee on the Judiciary, On a Bill to continue in force an Act entitled " An Act,to extend relief to debtors, and to prevent the sacrifice of property at public sales." On motion of Mr. A"RTHUR, the Special Order was discharged, and the report was placed in the General Orders of the Day for to-morrow. The Senate granted leave to Mr. ARTHUR to withdraw from its files the apcounts of Drs. fbwell and Templeton. The Senate also granted leave of absence to Mr. APPLEBY, after this day, in consequence-of urgent military duty. Mr. MOSES submitted the report of the Committee on the Judiciary, On a resolution in relation to compensation for slaves lost in service; which was ordered for consideration to-morrow. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The report of the Committee on Finance and Banks, On the memorial of the City Council^ of Columbia, asking an appropria¬ tion for the relief of the transient poor; and The report of the same Committee, on the report of the Regents of the Lunjttic Asylum, were agreed to, and were ordered to be sent to the House of Representatives for concurrence. The General Orders were disposed of. The Senate proceeded to the 120 JOURNAL OF THE SENATE, SPECIAL ORDER FOR 2, P. M. A Bill to organize and supply negro labor for coast defence, in compli¬ ance with the requisitions of the Government Of the Confederate States. Mr. HARRISON moved the following amendment: Strike out all after" to wit/' in the second line of section 2, and insert the following: " Firkt, by division number four; second, by divisioh number two; third, by division number three; and. fourth, by division number one." - On the question of agreeing to this amendment, it passed in the negative. Mr. HARRISON also moved the following amendment: Strike out, in section third, after the word " thereof," m the sixth printed line, to the eighth printed line, and insert: " In proportion to the entire population, free and slave, as shown by the last census return of this State, giving credit to each District for the number of soldiers sent to the army, and requiring each to furnish slaves under the provisions of this Act, until an equal proportion of its entire population is in the public service : Pro¬ vided, That owners of slaves resident in Districts remote from the seaboard ' may commute for the service of such slaves by paying into the public Treas¬ ury twenty-five dollars per month for each slave they may be required to furnish. Mr. THOMSON moved that the amendment do lie on the table; which motion prevailed. Mr. HARRISON moved that the Bill do lie on the table; which ques¬ tion was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are: Messrs. Arthur, Blakeney, Boykin, Harrison, Hart, W. R. Johnson, Max¬ well, McAliley, Moses, and' Sessions. Those who, voted in the negative, are : Hon. W. D. 'Porter, President; Messrs. Barker, Beaty, Bonneau, Bull, Ellis, Fickling, Garlington, Hammond, Hope, Houser, W.D. Johnson, Keitt, Lawton, Lesesne, Mazyck, McCaw, J. W. Miller, Murray, Oswald, E. G. Palmer, S. W. Palmer, Roberds, Simkins, Simpson, Thomson, Ware, Wilson, and Wortham. In the affirmative, 10 y In the negative, 29. The motion was, therefore, lost. The Bill received the second reading, was agreed to, and was sent to the House of Representatives. Mr. WARE submitted the report of the Committee on Accounts and Yacant Offices, On the Comptroller General's report on contingent accounts against the Lower Division of the Treasury. TUESDAY, DECEMBER 16, 1862. 121 The report was ordered to lie on the table, for the inspection of Senators. The following message was received from the House of Representatives, and was concurred in: . House of Representatives, December 15, 1862. Mr. President: and Gentlemen of the Senate; The House respectfully proposes to the Senate to go into an election for Lieutenant Governor to-morrow, immediately after the ballot for Governor. By order of the House, A. P. ALDRICH, Speaker. On motion of Mr. THOMSON, it was ordered that when the Senate ad¬ journs, it shall stand adjourned to meet to-morrow at 11 o'clock, A. M. On motion of Mr. ARTHUR, the Senate adjourned .at 15 minutes past 3 o'clock, P. M. TUESDAY, DECEMBER 16, 1862. The Senate met at 11, A. M., pursuant to adjournment. Prayer by the Rev. Mr. Wannamaker. The Clerk read the Journal of the proceedings of yesterday. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to Senate the following: Report of the Committee of Ways and Means, on Message No. 12 of his Excellency the Governor, covering a copy of the resolutions of the Legis¬ lature of Alabama, relative to a guarantee of the bonds of the Confederate Government ;• which was referred to the Committee on Finance and Banks. The report of the Committee on Accounts, on the report of the Comp¬ troller General on the contingent accounts of the Upper Division; which was referred to the Committee on Accounts and Vacant Offices; A Bill to enable the Charleston Savings' Institution to purchase and hold real property; A Bill to incorporate the Importing and Exporting Company of South Carolina ; 16 122 JOURNAL OF THE SENATE, A Bill to incorporate the Carolina Cotton and Woolen Factory ; A Bill to charter the Shelby and Broad River Railroad Company; A Bill to renew and amend the charter of the Swedish Iron Manufactur¬ ing Company of South Carolina, and to change the name thereof; which received the third reading, and it was Resolved, That the Bills do pass; that the titles be changed; that they be called Acts. Ordered, That they be sent to the House of Representatives. The House of Representatives returned to the Senate, The report and resolutions of the Committee on the New State House, on the report of the Architect, Superintendent and Commissioner of the New State House, in which it had concurred. Mr. THOMSON presented the petition of Samuel Jordan, praying com¬ pensation for a slave that died in the service of the State; Mr. SIMPSON presented the petition of C. A. Saxon, praying compen¬ sation for a slave who died in the public service; , ' Mr. ARTHUR presented the contingent accounts of the State House Keeper; which Were referred to the Committee on Claims and Grievances. Mr. LESESNE offered a resolution authorizing the Treasurer of the Lower Division to remove his bool^jlto Columbia ; which was agreed to, and sent to the House of Representatives for concurrence. REPORTS OF COMMITTEES. Mr. GARLINGTON submitted the following reports of the Committee on the Military and Pensions : On sundry memorials and petitions in relation to the organization of the 1st Corps of Reserves; also, On a resolution,, from the House of Representatives, on the same subject, and on a Bill, from the House of Representatives, to authorize and empower the 1st Corps of Reserves to elect their field officers; On the petition of citizens of Marlboro', praying relief against arbitrary arrests for military service; On the petition of Asa George, praying aid of .the State in the construc¬ tion of a new revolving cannon; On the petition of Joseph Melton, praying aid from the State, and on a resolution, from the House of Representatives, on the same subject; On a resolution, from the House of Representatives, in relation to the de¬ fence of the City of Charleston by Gen. Beauregard. The same Committee, through Mr. GARLINGTON, also reported TUESDAY, DECEMBER 16, 1862. 128 A Bill to Vacate the commissions of militia officers. These reports were all ordered for consideration to-morrow. The Bill received the first reading, and was ordered for a second reading to-morrow. Mr. ARTHUR submitted the report of the same Committee, on the Gov¬ ernor's Message relative to Creuzbaur's iron plated vessels Of war. Mr. ARTHUR submitted the following reports of the Committee on Claims and Grievances: On the message of the House of Representatives relative to the amend¬ ment of the report of the Committee on Claims and Grievances, in relation to the salary of Thomas J. Gantt, late Clerk of the Appeal Court 5 • On the petition of Edgar N. Plowden, for compensation for a slave who died in the public service; On the petition of E. Ruthven Plowden, for compensation for a slave lost in the service of the State ; On the petition of Samuel Watson, Sheriff of Sumter District, for articles furnished the jail. Mr. THOMSON submitted the report of the Committee on the Military and Pensions, On a resolution authorizing the Governor to appoint an Assistant Adju¬ tant General. Mr. SIMKINS submitted the report of the Joint Special Committee on Message No. 18 of his Excellency the Governor. Mr. McCAW submitted the report of the Committee on the New State House, on Message No. 10 of his 'Excellency the Governor, relative to the removal to, and guarding of, records in the New State House ; all of which were ordered for consideration to-morrow. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The report of the Committee on Finance and Banks, On resolutions fof appointing an Agent to settle claims against the Con¬ federate Government (Committee recommend a substitute), and The favorable report of the same Committee on the petition of W. A. Willingham, praying to be refunded a double War Tax; also, The report of the same Committee, on the petition of holders of lots on Sullivan's Island, praying exemption from taxation during the war, were agreed to, and were sent to the House of Representatives for concurrence. The report of the same Committee, on resolutions in relation to compen¬ sation for slaves lost in service (Committee ask to be discharged from further consideration of the resolutions), was agreed to. The favorable report of the Committee on the Judiciary, 124 JOURNAL OF THE SENATE, On a Bill to continue in force an Act entitled " An Act to extend relief to debtors, and to prevent the sacrifice of property at public sales/'was, on motion of Mr. MOSES, ordered to be placed in tbe General Orders of the Day for the second day of the session after the recess. The General Orders were disposed of. On motion of Mr. WARE, the Senate.took from the table the report of ^he Committee on Accounts and Vacant Offices, On the Comptroller General's report against the Lower Division of the Treasury. The report was agreed to, and sent to the House of Representa¬ tives for concurrence. Mr. HARRISON offered the following resolution, which was ordered to lie on the table : Resolved, That his Excellency the Governor be authorized and requested to have made an Index and Digest of the Journal of the Executive Council, and that he employ a competent person for such purpose. At 25 minutes to 1, P. M.r the Senate, on motion of Mr. MAZYCK, suspended business until 15 minutes to 2, P. M. RECESS. At the hour to which business had been suspended, the PRESIDENT resumed the Chair, and the Senate proeeeded with business. Mr. RHETT submitted the report of the Committee on the College, Ed¬ ucation and Religion, .On the Governor's Message (No. 1), and accompanying documents, in reference to the South Carolina College, which* was. made the Special Order of the Day for to-morrow, at a quarter-past 1, P. M., and to'be printed. At 2, P. M., the Senate, pursuant to orders previously made, joined the House of Representatives in balloting for Governor. Messrs. Maxwell and Mazyqk were appointed the Committee, on the part of the Senate, to count the ballots. Mr. GARLINGTON offered the following resolution, which was ordered to lie on the table : Resolved, That the Journal of the Governor and Executive Council be placed under the charge of the Governor during the recess of the General Assembly, and that officers of the State be allowed access to the same for information concerning their respective Departments. Mr. RHETT submitted the report of the Committee on the College, Ed¬ ucation and Religion, TUESDAY, DECEMBER 16, 1862. 125 On the report of the Commissioners of the Deaf, Dumb and Blind^; whidh was ordered for consideration to-morrow. Mr. SIMKINS presented the petition of sjmdry citizens of Edgefield, praying to he permitted to have limited quantities of corn distilled for medi¬ cinal purposes.in their own neighborhood; which was referred to the Com¬ mittee on Agriculture and Internal Improvements. The Senate then joined the House of Representatives in a ballot for a Lieutenant Governor. Messrs. McAliley and McCaw were appointed the Committee, on'the part of the Senate, to count the ballots. Mr. MAZY OK, from the Committee to count the ballots for Governor, reported that neither of the gentlemen voted for had received a majority of the ballots cast. On motion of Mr. McKEWN, a message was sent to the House of Rep¬ resentatives, proposing to go forthwith into another ballot, and the House of Representatives having concurred, the Senate joined the House in the ballot. " ' Messrs. McKewn and J. W. Miller were appointed the Committee, on the part of the Senate, to .count the ballots. Mr. LESESNE gave notice that, to-morrow, he will ask leave to intro¬ duce A Bill to authorize the Banks of this State to purchase Confederate and State securities. Mr. McALILEY, from the Committee to count the ballots for Lieutenant Governor, reported that Plowden C. J. Weston had received a majority of the ballots oast, and he was declared by the PRESIDENT duly elected accordingly. Mr. HAMMOND offered the following preamble and resolutions; which were considered, and unanimously agreed to: Whereas the ravages of war have been felt in our midst, sweeping away the gallant, the virtuous, and the good; and whereas in this mighty strug¬ gle for liberty and independence it hath pleased the All-Wise Ruler of the destinies of men to permit the brave and gallant Col. Dixon Barnes (late member of the Senate from Lancaster District), to be stricken down at the head of his regiment, on the bloody field of Sharpsburg: Resolved, 1st. That with feelings of profound sorrow the Senate.has re¬ ceived the announcement of the death of the Hon. Dixon Barnes, late member from Lancaster District. Resolved, 2d. That in the death of the Hon. Dixon Barnes, the Confede¬ rate States has lost sin able and gallaht officer, and this Senate a valuable member. 126 JOURNAL OF THE SENATE, Resolved, 3d. That in memory of the deceased, the Senate wear the usual badge of mourni ng. Resolved, Ath. That a copy of this preamble and of these resolutions be sent to the family of the deceased. Mr. MOSES moved that, as a further mark of respect to the deceased Senator, the Senate do • now adjourn. The motion was carried, and the Senate adjourned at 20 minutes past 3, P. M. WEDNESDAY, DECEMBER It, 1862. The Senate met at 12, M. Prayer by the Rev. Mr. Martin. The Clerk read the Journal of the proceedings of yesterday. PAPERS FROM THE HOUSE OF REPRESENTATIVES.' The House of Representatives returned to the Senate, An Act to incorporate the Carolina Cotton and Woolen Factory; An Act to charter the Shelby and Broad River Railroad Company; An Act to renew and amend the charter of the Swedish Iron Manufac¬ turing Company of South Carolina, and to change the name thereof; An Act to incorporate the Importing and Exporting Company of South Carolina; An Act to enable the Charleston. Savings'Institution to purchase and hold real property; which were referred to the Committee on Incorporations and Engrossed Acts. The House of Representatives returned to the Senate," with its concur¬ rence, The report of the Committee on Accounts and Vacant Offices, on the con¬ tingent accounts of the Lower Division. v The House of Representatives sent to the Senate, A Bill to extend some of the provisions of -an Act entitled An Act in referrence to the suspension of specie payments by the banks of this State, and for other purposes, to the first day of January, in the year of our Lord one thousand eight hundred and sixty-four; which received the first read¬ ing, and was referred to the Committee on Finance and Banks; WEDNESDAY, DECEMBER 17, 1862. 127 The report of the Special Joint Committee oh Message No. 14 of his Ex¬ cellency the Governor, to examine the contingent accounts; which was con¬ curred in, and ordered to be returned to the House of Representatives. The House of Representatives sent to the Senate the following message : House of Representatives, December 17, 1862. Mr. President, and Gentlemen of the' Senate : The House having appointed Messrs. J. Harleston Read, John M. De- Saussure and Randell Croft a Committee to communicate with the Lieuten¬ ant Governor elect, inform him of his election, and ascertain when it will suit him to qualify, respectfully request that the Senate do appoint a similar Committee, to act with the House Committee. By order of the House, ,A. P. ALDRICH, Speafor. The Senate concurred, and Messrs. Mazyck, Wilson and Hammond were appointed the Committee, on the part of the Senate, and a message was sent to the House of Representatives accordingly. Mr. McKEWN, from the Committee, on the part of the Senate, to count the ballots for Governor, reported that no one of the gentlemen voted for had received a majority of all the votes cast, and that there was, conse¬ quently, no election. The House of Representatives sent to the Senate the following, which was concurred in, and a message returned accordingly: House of Representatives, December 17, 1862. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to go into an election for Governor and Commander-in-Chief this day, at quarter-past twelve o'clock. By order of the House, A. P. ALDRICH, Speaker. Mr. MOSES offered the following resolution, which was agreed to, and ordered to be sent to the House of Representatives : Resolved, That the Treasurers of the Upper and Lower Divisions of the State be authorized to pay, out of any money in the Treasury, such contin¬ gent accounts and claims as may be allowed by the Legislature at the time of its intended recess on the 18th instant, and such interest on the funded debt as may become due prior to the passage of the Acts to raise supplies and make appropriations for the fiscal year commencing October 1st, 1862. 128 JOURNAL OF THE SENATE, Mr. HOPE presented the petition of A. G. Mayor, of Lexington Dis¬ trict, praying to be refunded money twice paid on a hired, slave, in the col¬ lection of the War Tax; which was referred to the Committee on Finance and Banks. The House of Representatives returned to the Senate, with its concur¬ rence, the complimentary resolutions in relation to Brig. Gen. Walker and Col. Thos. G. Lamar. Mr. BONNEAU offered a resolution for suspending proceedings under a tax execution against the property of Gi W. Roberts and G. Truesdell; which was agreed to, and ordered to be sent to the House of Representatives for concurrence. The House of Representatives sent to the Senate, A Bill to amend, suspend and repeal certain portions of the Militia Laws of this State; which received the first reading, was referred to the Commit¬ tee on the Military and Pensions, and ordered to be printed.' Mr. MOSES, from the Committee, on the part of the Senate, to eount the ballots for Governor, reported that Milledge L. Bonham had received a majority Of all the ballots cast. He was therefore declared by the PRESIDENT duly elected accordingly. Mr. McKEWN moved that a Committee be appointed to wait on the Governor elect, and inform him of his election, and inquire when he will be pleased to qualify; and that a message be sent to the House .of Repre¬ sentatives, requesting the appointment of a similar Committee, which was agreed to, and the House returned the following reply: House op Representatives, December 17, 1862. Mr. President, and Gentlemen of the Senate: The House respectfully concurs with the Senate, to appoint a Committee to communicate with the Governor elect, inform him of, his election, and ascertain when he will qualify, and respectfully appoint, on the part of the House, Messrs. W. G. DeSaussure/Suber, and Talbert. By order of the House, - ' A. P. ALDRICH, ■Speaker. Mr. WARE submitted the report of the Committee on Accounts and Va¬ cant Offices, On the report of the Committee on Accounts, of the House of Represen¬ tatives, on the Comptroller General's report on Contingent Accounts against the Upper Division of the Treasury, recommending concurrence. The report was ordered for immediate consideration, and the House re¬ port was concurred in, and returned". WEDNESDAY, DECEMBER 17, 1862. 129 Mr. McALILEY submitted the report of the Committee on Finance and Banks, On the report of the Committee of Ways and Means, of the House of Representatives, on Message No. 12 of his Excellency the G-overnor, cover¬ ing a copy of the resolutions of the Legislature of .Alabama, relative to a guaranty of the bonds of the Confederate Government, recommending con¬ currence. The report was ordered for immediate consideration, and the House report was concurred in, and returned to the House. The Senate proceeded to the SPECIAL ORDER OF THE DAY FOR 1, P. M., The report of the Committee on the College, Education and Religion, on Message No. 4 of his Excellency the Governor, relative to the South Caro¬ lina College ; and the report was agreed to, and was sent to the House of Representatives for concurrence. A Bill to authorize and empower the First Corps of Reserves to elect their field officers, being before the Senate, on the second reading, the fol¬ lowing amendments were offered, and agreed to, viz : By Mr. HOPE : In 1st section, 5th line, after the word "Reserves," add, " and of such other regiments now in service, whose field officers have been appointed by the Executive Council." By Mr. THOMSON : Sec. 6. That the service of said First Corps of Reserves be not extended beyond their term of enlistment, to wit: for three months from their enlistment. By Mr. HARRISON : That the resolution of the Executive Council, disbanding the 4th and 10th regiments of the 1st Corps of Reserves be, and the same is hereby, repealed. Mr, MAZYCK moved that the Bill do lie on the table; which .question was ordered to be decided by yeas and nays, and they are as follows : Those who voted in the affirmative, are : Hon. W. D. Porter, President; Messrs. Barker, Bonneau, Bull Gar- lington, .Manning, Mazyck, McKewn, Miller, Murray, Oswald, Rhett, Sim- kins, -and Thomson. Those who voted in the negative, are : Messrs. Arthur, Beaty, Blakeney, Ellis, Hammond, Harrison, Hart, Hope, Houser, W. D. Johnson, W. R. Johnson, Keitt, Lawton, Lesesne, Maxwell, McAliley, McCaw, Miller, Moses, S. W. Palmer, Roberds, Ses¬ sions, Ware, and Wortham. In the affirmative, 14; In the negative, 24. 17 JOURNAL OF THE SENATE, The motion was, therefore, lost. The Bill received the second reading, was agreed to, and was sent to the House of Representatives. The PRESIDENT laid before the Senate the following telegraphic com¬ munication : Richmond, December 16, 1862. To His Excellency Governor Pickens : Brigadier General Maxcy Gregg died at five o'clock on the morning of the 15th inst., near the battle-field upon which he fell. His remains will reach Columbia on the morning of the 18th. A. C. HASKELL, Oajpt. & A. A. G. Mr. OSWALD offered the following resolutions, which were ordered for immediate consideration, were agreed to, and ordered to be sent to the House of Representatives : Resolved, That this General Assembly ha^ received with profound sorrow the intelligence of the death of the late General Maxcy Gregg, and mourn his loss as that of one-of our purest and best citizens, and a soldier who has not been excelled in patriotism and valor. Resolved, That a Committee of four Senators be appointed to make suit¬ able arrangements for receiving the remains of Gen. Gregg, on their arrival in Columbia, and in co-operating with the other authorities in paying a suitable tribute of respect to his memory; and that a message be sent to the House of Representatives proposing the appointment of a similar Committee, to confer with the Committee of the Senate on this subject. The resolutions were considered, and agreed to. Messrs. Oswald, Moses, Maxwell, and Arthur, were appointed the Committee, on the part of the Senate, and a message was sent accordingly. The House of Representatives sent to the Senate, Resolutions in relation to the death of Gen. Maxcy Gregg (recommend¬ ing that the General Assembly do attend his funeral service); which were concurred in, and returned to the House. On motion of Mr. WILSON, leave of absence was granted to Mr. Furman from and after to-morrow, on account of sickness in his family. Mr. McKEWN, from the Committee to wait on the Governor elect, and inform him of his elation, reported that the Committee had performed the duty assigned to them; that the Governor elect had signified his acceptance of the office, and had informed the Committee that he would be ready to qualify to-morrow, at 11 o'clock, A. M. WEDNESDAY, DECEMBER 17, 1862. 131 Mr. MAZYCK made a similar report from the Committee to wait on the Lieutenant Governor elect, informing the Senate that the Lieutenant Gov¬ ernor elect would quali^r immediately after the Governor is qualified. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The following were agreed to, and were sent to the House of Representa¬ tives for concurrence Report of the Committee on the Military and Pensions, On the petition of Asa George, praying aid of the State in the construc¬ tion of a new revolving cannon. Reports of the Committee on Claims and Grievances, On the petition of Edgar N. Plowden, praying compensation for a Slave who died in public service J On the petition of E. Ruthven Plowden, for compensation for a slave Host in the service of the State; On the account of Samuel Watson, Sheriff of Sumter District, for articles furiyshed the jail. Report of the Committee on the Military and Pensions, On a resolution authorizing the Governor to appoint an Assistant Adju¬ tant GjeneraL Report of the Special Joint -Committee, • On Message No. 13 of his Excellency the Governor, for examination of the Contingent Accounts of the Executive Department. Report of the Committee on the Military and Pensions, On Message of the Governor relative to Creuzbaur's iron plated vessels of war. Report of the Committee on the College, Education and Religion, On the report of the Commissioners of the Deaf, Dumb and Blind. A Bill to vacate the commissions of militia officers was, oh motion of Mr. MOSES, ordered to be placed in the General Orders of the Day, for the second day after the re-assembling of the Legislature. Reports of the Committee on the Military and Pensions, On the petition of Joseph Melton, praying aid from the State, and on a resolution of the House of Representatives in relation thereto; and Report of the same Committee, On resolutions, from the House of Representatives, in relation to the de¬ fence of the City of Charleston by Gen. Beauregard, were concurred in, and returned to the House of Representatives. Report of the Committee on the New State House, 132 JOURNAL OF THE SENATE, Oil Message No 10 of his Excellency the Governor, was agreed to, and was sent to the House of Representatives for concurrence; the second and third resolutions, as originally printed, having first |?een ordered to lie on the table. . Report of the Committee on the Military and Pensions, On sundry memorials and petitions in relation to the organization of the 1st Corps of Reserves; also, on a resolution, from the House of Representa¬ tives, on the same subject, and on a Bill, from the House of Representa¬ tives, to authorize and empower the First Corps of Reserves to elect their field officers; was ordered to lie on the table. Report of the same Committee, On the petition of sundry citizens of Marlboro', praying relief against arbitrary arrests for military service, was agreed to. The House of Representatives returned to the Sen-ate, A Bill to organize and supply negro labor f$r coast defence, in compli¬ ance with requisitions of the Confederate . Government. The House of Representatives having amended the Bill, on the third reading, the amendments were referred to the Committee of the Whole Senate, to sit immediately. The Hon. F. J. MOSES, Senator from Sumter, was called to the Chair, and after some time spent therein, the Committee rose, and the PRESI¬ DENT resumed the Chair. Mr. MOSES reported that the Committee of the Whole "recommended to the Senate the adoption of all the amendments except that in the 12th Section, to which they recommended a disagreement. The report was ordered for consideration at 8, P. M., this day. Mr. McALILEY submitted the report of the Committee on Finance and Banks, On a Bill, from the House of Representatives, to extend some of the pro¬ visions of an Act entitled " An Act in reference to the suspension of specie payments by the Banks of this State/' and for other purposes, to the 1st of January, A- D., 1864. The report was placed in the .General Orders of this day. The House of Representatives returned to the Senate resolutions in rela¬ tion to General Max on. the College, Education and Religion. Mr. LESESNE presented the petition of David Ramsay, for relief from a tax execution on property destroyed by the Confederate States; which was referred to the Committee on Finance and Banks. Mr. THOMSON presented the petition of James N. Cochran, to be re¬ funded a Confederate tax twice paid; which was referred to the same Com¬ mittee. Mr. MOSES presented the petition of Francis M. Mellett and J. H. McKnight, praying relief in the matter of the elections held in the 8th Regiment of Reserves ; and The petition of the 8th Regiment of Reserves, to be relieved from duty at the expiration of their present term of service; which were referred to the Committee on the Military and Pensions. Mr. HAMMOND presented the returns of the Commissioners of Free Schools for Lancaster District, for 1862; which was referred to the Com¬ mittee on the College, Education and Religion. SPECIAL ORDER FOR 1, P. M. The Senate proceeded to the Special Order for this hour, the reference of Message No. 1 of his Excellency the Governor. THURSDAY, JANUARY 22, 1863. 151 Mr. SIMPSON offered the following resolutions : 1.- Resolved, That so much of the Message of his Excellency the Governor as relates to the growing of cotton in this State, together with an Act of the General Assembly of Georgia, and other accompanying papers and cor¬ respondence in connection with the same subject, and to a resolution adopted by the State of Florida, " relating to salt," be referred to the Com¬ mittee on Agriculture and Internal Improvements. 2. Resolved, That so much as relates to a resolution adopted by the State of Florida, in reference to guaranteeing the debts of the Confederate Gov¬ ernment, be referred to the Committee on Finance and Ranks. 3. Resolved, That so much as relates to a resolution, from the State of Florida, in reference " to the present war;" so much as relates to the sub¬ ject of negro labor on the coast, with the accompanying papers and tele¬ gram ; to the forces of this State, with accompanying correspondence ; to the Combahee Rangers; to the mounted companies of Captains Roykin and Rodger,s; to the communication of Mr. David Lopez, with correspondence; to the appointment of Cadets; to the creation of the office of Assistant Ad¬ jutant General during the war; to the appointment of an Agent at Rich¬ mond to attend to the wants of sick aod wounded soldiers of this State; and to the course pursued by the Adjutant General, under the recent Act of the General Assembly, requiring elections to be held for field officers in the several Regiments of Reserves, together with the report of that officer and accompanying papers, be referred to the Committee on Military and Pensions. ,4. Resolved, That so much as relates to the claim of the Charleston and Savannah Railroad Company, with the correspondence upon the same sub¬ ject with Mr. R. D. Hasell, President, be referred to the Committee on Claims and Grievances. 5. Resolved, That so much as relates to the subject of vaccination, with the accompanying communication of Major Gumming, Surgeon of Pro¬ visional Army, be referred to the Committee on • the Lunatic Asylum and Medical Accounts. The resolutions having been ordered for immediate consideration, Mr. WILSON offered the following amendment: That so much as relates to the proclamation appointing Roards of Relief, be referred to a Special Committee of three, to be appointed by the Chair. Mr. MAZYCK moved that the amendment do lie on the table; which question was ordered to be decided by yeas and nays, and they are as fol¬ lows : 152 JOURNAL OF THE SENATE, Those who voted in the affirmative, are : Hon. W. D. Porter, President; Messrs. Blakeney, Boykin, Garlington, Hammond, Hope, Ilouser, W. D. Johnson, Keitt, Lawton, Lesesne, Max¬ well, Mazyck, McCaw, Murray, Oswald, E. G. Palmer, Simpson, Thomson, Ware, and Wortham. Those who voted in the negative, are : Messrs. Arthur, Beaty, Manning, McAliley, Moses, Sessions, and Wilson. In the affirmative, 21. In the negative, 7. The amendment was, therefore, ordered to lie on the table. The question recurring upon the resolutions, they were agreed to, and the Message was referred accordingly. Pursuant to notice, and with leave, Mr. ARTHUR introduced A Bill to prohibit extortion and punish extortioners; which received the first reading, and was referred to the Committee on the Judiciary. The House of Representatives sent to the Senate the report of the Special Committee on the subject of negro labor for the defences of Charleston; which was referred to the Committee on Military and Pensions, and was ordered to be printed. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill to extend some of the provisions of an Act entitled " An Act in reference to the suspension of specie payments by the Banks of this State, and for other purposes," to the first day of January, in the year of our Lord one thousand eight hundred and sixty-four, received the third reading, was agreed to, the title was changed to an Act, ai*d it was sent to the House of Representatives. A Bill to vacate the commissions of militia officers was, on motion of Mr. MAZYCK, placed in the General Orders of the Day for to-morrow. The General Orders of the Day were disposed of. On motion of Mr. MANNING, the Senate adjourned at ten minutes past 1, P. M. FRIDAY, JANUARY 23, 1863. 153 FRIDAY, JANUARY 23, 1863. The Senate met at 12, M. Prayer by the Rev. Dr. Reynolds. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATORS. Hon. M. T. Appleby, " W. Izard Bull, " D. II. Ellis, St. George's, Dorchester, St. Andrew's,- Prince William's, Anderson, Darlington, Williamsburg, Spartanburg, St. Helena, J. W. Harrison R. L. Hart, E. H. Miller, J. W. Miller, Edmund Rhett, appeared in their places in the Senate Chamber. Mr. SIMKINS, who stated that he was unavoidably absent when the vote was taken yesterday, on the motion of Mr. Mazyck, that the amend¬ ment offered by Mr. Wilson to the resolutions referring the Message of his Excellency the Governor do lie on the table, requested permission of the Senate to record the vote he would have given if he had been present; and on the Senator's name being called, he voted in the affirmative. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate A Bill to grant the aid of the State to the Cheraw and Coal Fields Rail¬ road Company; also, A Bill to refund to the Soldiers' Board of Relief for Barnwell and Lau¬ rens Districts and for St. Matthew's and Christ Church Parishes, moneys advanced and expended by them, as> Boards of Relief, out of their private funds; which received the first reading, and were referred to the Commit¬ tee on Finance and Banks. The report of the Medical Committee, On the account of Dr. W. C. Freeman, for a post mortem examination; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. The report of the York and Lancaster delegations, On the annual report of John R. Patton, agent, of the Catawba. Indians; The report of the Committee on Colored Population, 20 154 JOURNAL OF THE SENATE, On the report of the Central Secretary to the Commissioners for the re¬ moval of negroes from the Districts of Beaufort, Colleton, Georgetown and Charleston ; which were referred to the Committee on Finance and Banks. The House of Representatives returned to the Senate, with its concur¬ rence, Resolution for the adjournment of the General Assembly on Friday, the 30th instant. The report of the Committee on the Lunatic Asylum and Medical Ac¬ counts, of the Senate, On the account of Dr. T. J. Good wyn, for services rendered prisoners in jail; On the petition of Dr. N. H. Johnston, praying payment of a medical account. Resolution providing for a meeting of the members of the Legislature for nominating Boards of Commissioners for the Soldiers' Relief Bill. Mr. MOSES submitted the report of the Committee on the Judiciary, On a Bill to prevent the sacrifice of property at public sales in certain cases, recommending the passage of the Bill; which was ordered for-con¬ sideration to-morrow, and the report and Bill were ordered to be printed.. Mr. PALMER, from the Committee on Agriculture and Internal Im¬ provements, reported A Bill to prevent and punish the planting and cultivating, in this State, over a certain quantity of cotton during the war with the Abolitionists; which received the first reading, and was ordered for the second reading to-morrow, and to be printed. Mr. KEITT presented the petition of W. W. Culler, praying compensa¬ tion for a slave who died from disease contracted in the public service; which was referred to the Committee on Claims and Grievances. Mr. BLAKENEY presented the petition of Zachariah Ellerbe, Sr., praying compensation for the loss of a negro who died from disease con¬ tracted in the service of the State. Mr. WILSON presented the report of the Solicitor of the Eastern Cir¬ cuit on District offices and officers; which was referred to the Committee on the Judiciary. Mr. HAMMOND gave notice that, to-morrow, he will ask leave to intro¬ duce »A Bill for the appointment of Commissioners of the Poor for Lancaster District. Mr. LESESNE offered the following resolution; which was considered, and agreed to, and the Committee was instructed accordingly: Resolved, That it be referred to the Committee on the Lunatic Asylum and Medical Accounts to inquire and report whether it be not expedient FRIDAY, JANUARY 23, 1863. 155 and proper that the Board of Regents of the said Institution should close up and use, for the purposes of the Asylum, so much of Pickens Street, in the City of Columbia, as lies between Lumber and Upper Streets, in pursu¬ ance of authority granted to them by Act of the General Assembly, ratified on the 19th day of December, 1855. Mr. HART presented the petition of citizens of Darlington, asking the disbanding of a military company; which was referred to the Committee on Military and Pensions. Mr. HARRISON presented the petition of Zachariah Hall, praying com¬ pensation for a slave who died from disease contracted in the public service; which was referred to the Committee on Claims and Grievances. Mr. LESESNE offered the following resolution, which was considered, and agreed to: Resolved, That James Tupper, Auditor, be authorized to have exemplified copies made of all papers in the archives of the State relating to public and private claims, which he may require in the preparation and adjustment of the claims of this State against the Confederate States. The Senate granted leave to Mr. MURRAY to withdraw the petition of Kinsey Burden and others. Mr. LESESNE gave notice that he will ask leave, to-morrow, to intro¬ duce A Bill to amend an Act ratified on the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, entitled " An Act to make appropriation in aid of the families of soldiers, and to repeal an Act entitled ' An Act to afford aid to the families of soldiers, ratified on the first day of December, in the year of our Lord one thousand eight hundred and sixty-one.'" , Mr. ARTHUR offered the fqllowing resolution; which was referred to the Committee on the Lunatic Asylum and Medical Accounts: Resolved, That the Treasurer of the Upper Division be instructed to pay Dr. A. N. Talley the sum of one hundred and four dollars, heretofore allowed him for a medical bill by the two Houses of the Legislature, and which sum has not been paid. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill to vacate the commissions of militia officers, received the second reading, was agreed to, and was ordered to be sent to the. House of Repre¬ sentatives. 156 JOURNAL OF THE SENATE, The General Orders were disposed of. On motion of Mr. MOSES, the Senate adjQurned at 1 o'clock, P. M. SATURDAY, JANUARY 24, 1863. The Senate met at 12, M. Prayer by the Rev. Mr. Shand. The Clerk read the journal of the proceedings of yesterday. ADDITIONAL SENATOR. Hon. F. W. FICKLING, St. Luke's, appeared in his seat in the Senate Chamber. PAPERS FROM THE HOUSE OF REPRESENTATIVES. House or Representatives, January 23, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to amend the report on the petition of James Gilliam, to be refunded a Confederate war tax twice paid, by adding, after the word "cent," in the fourteenth line, the words " less five per centum thereon." By order of the House, A. P. ALDRICH, Speaker. House oe Representatives, January 23, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to the Senate to amend the report of the Committee on Finance and Banks, on the petition of Elizabeth Hinson, to be refunded a war tax wrongfully paid, by adding the following words: " And that if the tax was paid on or before the 31st July, 1862, five per centum be deducted therefrom." By order of the House, A. P. ALDRICH, Speaker. The House of Representatives sent to the Senate the following message: SATURDAY, JANUARY 24, 1863. 157 House of Representatives, January 24, 1863. Mr. President, and Gentlemen of the Senate : This House has appointed a Committee on its part to investigate the Bank of the State and its Branches, consisting of Messrs. M. P. O'Connor, A. M. Martin and Wm. Lebby, for the Parent Bank; Messrs. J. D. Aiken, C. H. Suber and J. H. Evins, for the Branch at Columbia; Messrs. Stephen Elliot, Jr., R. F. Graham, J. C. McClenaghan, for the Branch at Camden; and Messrs. James M. Perrin, James McCullough and John F. Talbert, for the Branch at Abbeville, and respectfully request that the Senate do appoint a similar Committee. And that the members of said Committee be allowed the same per diem and mileage as members of the Legislature, while engaged in that service. By order of the House, A. P. ALDRICH, Speaker. A message of concurrence was returned, and the following gentlemen were appointed the Committee: Messrs. Wm. M. Murray, H. D. Lesesne and G. W. Oswald, for the Parent Bank; Messrs. R. G-. McCaw, Robert Beaty and J. C. Hope, for the Branch at Columbia; Messrs. A. H. Boykin, P. T. Hammond and J. W. Blakeney, for the Branch at Camden; and Messrs. Thomas Thomson, Robert Maxwell and Arthur Simkins, for the Branch at Abbeville. The House of Representatives returned to the Senate, with its concur¬ rence, the following papers: The report of the Committee on the Military and Pensions, On so much of the Message No. 2 of his Excellency the Governor, as relates to the First Corps of Reserves. Report of the Committee on Claims and Grievances, On the account of Evans & Cogswell, for printing the Code of Statute Law. Report of the Committee on Finance and Banks, On the petition of Giles J. Patterson, praying to be refunded a war tax twice paid; On the report of the Transient Poor of the City of Charleston. The House of Representatives sent to the Senate the following papers : The reports of the Committee on Claims, On the claim of J. T. Hershman, for printing; On the claim of the Edgefield Advertiser, for printing; On the account of the Barnwell Sentinel, for printing; On the claim of W. M. Conyers, Editor ,of the Lancaster Ledger, for public printing ; 158 JOURNAL OF THE SENATE, On the account of P. B. Glass & Co., for stationery furnished to the House of Representatives; On the account of Isaac H. Means, Secretary of State, for work done in his office in 186-; On the account of Isaac H. Means, Secretary of State, for work done in his office in 1861; On the account of J. M. Hunter, Sheriff, for removing a prisoner; which were referred to the Committee on Claims and Grievances. The reports of the Committee of Ways and Means, Upon a resolution directing the President of the Bank of the State of South Carolina to pay up the arrears of interest on railroad bonds upon which is endorsed the guarantee of the State; On the petition of Daniel McJunkin, to he refunded a war tax improperly exacted; On the petition of James Thomson, administrator of Dabney W^ansley, to be refunded a double tax; On the petition of Nathan Legare, to be refunded a double tax ; On the petition of Robert A. Buchanan, to be refunded excess of war tax; On the petition of Hiram Weeks, to be refunded excess of war tax; On the petition of James Brian, to be refunded a war tax paid in ex¬ cess ; which were referred to the Committee on Finance and Banks. The report of the Committee on the Military,- On the Annual Report of the Board of Visitors of the South Carolina Military Academy; On the resolution in regard to Mahan's work on permanent fortifications; which were referred to the Committee on the Military and Pensions. The report of the Committee on Roads, Bridges and Ferries, On the petition of James Bell, in regard to Buckhead Causeway, and to be released from the lease thereof; which was referred to the Committee on Roads and Buildings. The report of the Joint Committee, On the communication of J. L. Petigru, Esop, Commissioner of the Code; which was concurred in, and returned to the House of Representatives. The House of Representatives sent to the Senate, A Bill to continue of force an Act entitled " An Act to authorize cer¬ tain Building and Loan Associations to suspend the call for monthly instal¬ ments ; which received the third reading, and it was Resolved, That the Bill do pass; that the title thereof be changed, and that it be called an Act. Ordered, That it be sent to £he House of Representatives. SATURDAY, JANUARY 24, 1863. 159 The following Bills, having been amended by the House of Representa¬ tives on the third reading, were referred as follows: A Bill to incorporate the Wando, Warnbaw and Winyah Canal Company, was referred to the Committee on Agriculture and Internal Improvements; A Bill to authorize the Bank of the State to increase its issue of small bills, was referred to the Committee on Finance and Banks. Mr. LESESNE presented the memorial of sundry citizens of Charleston, South Carolina, praying for an Act of Incorporation of the Trading Com¬ pany of the Confederate States; which was referred to the Committee on Incorporations and Engrossed Acts. Mr. MOSES presented the petition of Irby S. Wells, for compensation for the loss of a negro, who died in the public service; which was referred to the Committee on Claims and Grievances. Pursuant to notice, and with leave, the following Bills were introduced, received the first reading, and were referred as follows: By Mr. LESESNE: A Bill to amend an Act ratified on the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, entitled " An Act to make appropriation in aid of the families of soldiers, and to repeal an Act entitled ' An Act to afford aid to the families of solders, ratified on the first day of December, in the year of our Lord one thousand eight hundred and sixty-one" which was referred to the Committee on the Military and Pensions. By Mr. HAMMOND : A Bill for the appointment of Commissioners of the Poor for Lancaster District; which was referred to the Committee on Accounts and Vacant Offices. REPORTS OF COMMITTEES. Mr. MOSES, from the Committee on the Judiciary, reported. A Bill to vest the title of the State in certain escheated property in Rose Ann Carnighan and her heirs, which received the first reading, and was ordered for a second reading on Monday next. Mr. McALILEY submitted the following reports of the Committee on Finance and Banks, on the reports of the Committee of Ways and Means, of the House of Representatives : (Recommending concurrence.) On the petition of J. Patterson, as Commissioner in Equity for Barnwell District, to be refunded a war tax improperly paid; On the petition of W. F. Robert, to be refunded a tax improperly paid; On the petition of the Trustees of the Marine School of Charleston; On the petition of Isaac N. Lenoir, to be refunded a war tax improperly paid; 160 JOURNAL OF THE SENATE, On the petition of Peter Cox, to be refunded an amount of war tax over¬ paid ; On the petition of Reuben Smith, to be refunded a tax illegally exacted; On the petition of 0. R. Broyles, to be refunded a double tax; On the petition of John M. Bolan, to be refunded a war tax twice paid; On the petition of Martin Edwards, to be refunded a war tax improperly exacted; On the petition of A. W. Dozier, to be refunded a tax improperly paid; And the report of the same Committee, On the petition of James N. Cochran, praying to be refunded a Confed¬ erate tax twice paid; And the report of the same Committee, On a Bill to grant aid to the Cheraw and Coal Fields Railroad Company, recommending the passage of the Bill. Mr. E. G. PALMER submitted the report of the Committee on Agri¬ culture and Internal Improvements, On a resolution in relation to a supply of iron; all of which were ordered for consideration on Monday next. Mr. GARLINGTON, from the Committee on the Military and Pensions, to which had been referred certain portions of the Message of the Governor relative to the supply of negro labor; and, also, the report of the Special Committee of the House of Representatives on the same subject, reported, as a substitute for the report of the Committee of the House of Represen¬ tatives, A Bill to amend an Act entitled " An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States, and to authorize and direct the Governor to pro¬ ceed to furnish negro labor under said Act." The Bill-received the first reading, and was ordered for a second reading to-morrow, and to be printed. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The favorable report of the Committee on the Judiciary, on A Bill to continue in force " An Act to extend relief to debtors, and to prevent the sacrifice of property at publie sales," and the favorable report of the same Committee on A Bill to prevent the sacrifice of property at public sales in certain cases, were, on motion of Mr. MOSES, made the Special Order of the day for Monday next, at 1, P. M. A Bill to prevent and punish the planting and cultivating in this State over a certain quantity of cotton during the war with the Abolitionists, was MONDAY, JANUARY 26, 1863. 161 taken up for a second reading; and, after some time spent thereon, on motion of Mr. MAZYCK, the Bill was ordered for a second reading on Monday next. The G-eneral Orders were disposed of. Mr. G ARLINGTON moved to reconsider the reference of A Bill to amend an Act entitled u An Act to make appropriation in aid of the families of soldiers, ratified on the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and that it he referred to a special Committee, consisting of the same Senators who constituted the Committee on that subject; and the same was ordered. Mr. ELLIS presented the petition of Philip Terry; also, Of N. W. Hey ward, for negroes lost in public service. Mr. PALMER, from the Committee on Agriculture and Internal Im¬ provements, to which had been referred the amendments made in the House of Representatives, on the second reading, to A Bill to incorporate the Wando, Wambawand Winyah Canal Company, submitted a report, recommending the Senate to concur in the amendments. The report was ordered for immediate consideration. The Bill received the third reading, and it was Resolved, That it do pass; that the title thereof be changed; that it be called an Act. Ordered, That it be sent to the House of Representatives. On motion of Mr. BOYKIN, the Senate adjourned at 5 minutes to 3, P. M. MONDAY, JANUARY 26, 1863. The Senate met at 12, M. Prayer by the Rev. Mr. Mouzon. The Clerk read the journal of the proceedings of Saturday. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate The report of the Committee on the Military, On so much of Message No. 1 of the Governor as was referred to them; which was referred to the Committee on the Military and Pensions. 21 162 JOURNAL OF THE SENATE, Resolution to pay the Clerk of the House for extra services; Resolution in relation to the books of the Ordinary's Court for Charleston District—certain records to be returned to the custody of George Buist, Ordinary; which was referred to the Committee on the Judiciary. Resolution in reference to an agency in Richmond for the assistance of South Carolina soldiery; which was referred to the Committee on the Military and Pensions. The House of Representatives returned to the Senate the following Acts; which were referred to the Committee on Incorporations and Engrossed Acts: An Act to continue of force an Act entitled " An Act to authorize certain Building and Loan Associations to suspend the call for monthly instalments;" An Act to incorporate the Wan do, Wambaw and Winyah Canal Company. The House of Representatives sent to the Senate A Bill to vest in the Confederate Government a part of the Columbia Canal for the term of seven years; which received the first reading, and was referred to the Committee on Agriculture and Internal Improvements. REPORTS OF COMMITTEES. Mr. MOSES presented the report of the Committee on the Judiciary, on the following papers: The petition of W. B. Dingle, Sheriff of Charleston District, praying an increase for jail maintenance ; Petition of sundry citizens of Edgefield District, paying that the juris¬ diction of the Court of Ordinary be extended in certain respects; Resolution of a public meeting of Darlington Court House, memorial¬ izing for a restriction on the pardoning power; Petition of sundry citizens of Edgefield District, praying legislation against the grievance of slaves stealing articles of prime necessity; A Bill to prohibit extortion and punish extortioners; which were ordered for consideration to-morrow. Mr. MOSES, from the Special Joint Committee relative to the Ordi¬ nances of the Convention, and the proceedings of the Executive Council, reported A Bill to declare the law in relation to the proceedings of the Executive Council; which received the first reading, and was ordered for a second reading to-morrow, and the Bill and Report were ordered to be printed. Mr. WARE, from the Committee on Accounts and Vacant Offices, sub¬ mitted a report MONDAY, JANUARY 26, 1863. 163 On a Bill for the appointment of Commissioners of the Poor for Lancas¬ ter District. The report was ordered for immediate consideration, and the Bill re¬ ceived the second reading, was agreed to, and was ordered to be sent to the House of Representatives. Mr. HOPE submitted the report of the Special Committee On a Bill to amend an Act entitled " An Act to make appropriations in aid of the families of soldiers," and to repeal an Act entitled " An Act to afford aid to the families of soldiers," ratified on the 21st day of December, A. D. 1861, recommending the passage of the Bill, with an amendment ; 'which was ordered for consideration to-morrow. Mr. McALILEY submitted the reports of the Committee on Finance and Banks On the following reports of the Committee of "Ways and Means, of the House of Representatives, (recommending concurrence :) Oh the petition of James Brian, to be refunded a tax twice paid; On the petition of Hiram Weeks, to be refunded excess of war tax; On the petition of Robert A. Buchanan, to be refunded excess of war tax; On the petition of Nathan Legare, to be refunded a double tax; On the petition of James Thomson, administrator of Dabney Wansley, to be refunded a double tax; On the petition of Daniel McJunkin, to be refunded a war tax improperly exacted; which were ordered for consideration to-morrow. Mr. McALILEY also submitted the report of the Committee on Finance and Banks, On a Bill to authorize the Banks of this State to purchase Confederate and State securities; and On a Bill to refund to the Soldiers' Boards of Relief for Barnwell and Laurens Districts, and for St. Matthew's and Christ Church Parishes, mon¬ eys advanced and expended by them, as boards of relief, out of their private funds; which were ordered for consideration to-morrow. Mr. McALILEY also submitted the report of the same Committee, On the report of the Committee of Ways and Means, of the House of Representatives, On a resolution directing the President of the Bank of the State of South Carolina to pay arrears of interest on Railroad bonds upon which is endorsed the guaranty of the State;- which was ordered for consideration to-morrow. Mr. Gr ARLINGTON, from the Committee on the Military and Pensions, to which had been referred a Bill, from the House of Representatives, to amend, suspend and repeal certain portions of the militia laws of this State, reported, as a substitute therefor, 164 JOURNAL OF THE SENATE, A Bill for the better organization of the militia, and for other purposes. The Bill received the first reading, and was ordered for a second reading to-morrow, and to be printed. Mr. LAWTON submitted the report of the Committee on the Lunatic Asylum and Medical Accounts, On a resolution in relation to closing a street in the City of Columbia j which was ordered for consideration to-morrow. The Senate proceeded to the SPECIAL ORDER OF THE DAY FOR 1, P. M., The report of the Committee on the Judiciary, On a Bill to continue in force " An Act to extend relief to debtors, and to prevent the sacrifice of property at public sales." The report of the same Committee, On a Bill to prevent the sacrifice of property at public sales in certain cases. After some time spent thereon, on motion of Mr. RHETT, the Special Order was discharged, and the same subjects were made the Special Order for to-mofrow, at 1, P. M. Mr. W. D. JOHNSON gave notice that he*will, to-morrow, ask leave to introduce A Bill to suspend the 9th section of an Act entitled " An Act to estab¬ lish a separate Court of Appeals." Mr. MOSES presented the petition of John Thompson Green, praying compensation for a slave lost in public service; which was referred to tl^e Committee on Claims and Grievances. Mr. LESESNE gave notice that he will, to-morrow, ask leave to introduce A Bill to amend " An Act to authorize the City Council of Charleston to issue and put in circulation notes receivable in taxes or dues to the eity," ratified the 21st day of December, A. D., 1861. Mr. LESESNE presented the petition of Charles T. Mitchell and others, praying an Act of incorporation for the Palmetto Exporting and Importing Company; which was referred to the Committee on Incorporations and En¬ grossed Acts. Message No. 2 of his Excellency the Governor, was received and read, and was referred to the Committee on the Military and Pensions, and is as follows: MONDAY, JANUARY 26, 1863. 165 MESSAGE NTO.,2. STATE OF SOUTH CAROLINA. Executive Department, Columbia, January 26th, 1863. Gentlemen of the Senate and Mouse of Representatives: I transmit herewith copies of a communication from Mr. W. A. McSwain, together with certain letters and certificates, intended to show that Sergeant Horace A. McSwain, of Company K. (Spartan Rifles) Palmetto Sharp¬ shooters, is entitled to the honor of having captured the'flag of the Michi¬ gan Regiment, which, with others, was sent to your honorable bodies by Governor Pickens. In his Message on that subject, the name of the person entitled to the credit of capturing the Michigan flag is not given, as it would seem the name at that time was not known; and I now transmit ther papers I have received in relation thereto, for such action as to you shall seem proper. M. L. BON1IAM. Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬ duced A Bill to charter the Trading Company of the Confederate States; which received the first reading, and was referred to the Committee on Incorpora¬ tions and Engrossed Acts. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill to vest the title of the State in certain escheated property in Rose Ann Carnighan and her heirs, received the second reading, was agreed to, and was sent to the House of Representatives. The following reports of the Committee' of Ways and Means, were con¬ curred in, and returned to the House of Representatives : On the petition of J. Patterson, as Commissioner in Equity for Barnwell District, to be refunded a war tax improperly paid; On the petition of W. F. Robert, to be refunded a tax improperly paid; On the petition of the Trustees of the Marine School of Charleston; On the petition of Isaac N. Lenoir, to be refunded a war tax improperly paid; On the petition of Peter Cox, to be refunded an amount of war tax over¬ paid ; On the petition of Reuben Smith, to be refunded a tax illegally paid; 166 JOURNAL OF THE SENATE, Oa the petition of 0. R. Broyles, to be refunded a double tax; On the petition of John M. Borland, to be refunded a war tax twice p aid; On the petition of Martin Edwards, to be refunded a war tax improperly paid; On the petition of A. W. Dozier, to be refunded a tax improperly paid. The favorabl? report of the same Committee, On the petition of James N. Cochran, praying to be refunded a Confed¬ erate tax twice paid, was agreed to, and was sent to the House of, Repre¬ sentatives for concurrence. A Bill, from the House of Representatives, to grant aid to the Cheraw and Coal Fields Railroad Company, received the second reading, was agreed| to, and was ordered to be returned to the House of'Representatives. The unfavorable report of the Committee on Agriculture and Internal Improvements, On a resolution in relation to a supply of iron, was agreed to. A Bill to amend an Act entitled " An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States, and to authorize and direct the Governor to pro¬ ceed to furnish negro labor under said Act," being before the Senate, the Bill was read, and was then ordered to lie on the table, and the report of the Committee on the Military and Pensions, On the report of the Special Committee of the House of Representatives, on negro labor, was taken up for consideration. Mr. GARLINGTON, for the Committee, moved that the words, "do not concur in the report of the House of Representatives," be stricken out, and the following be substituted : " Adopt the Bill which is herewith reported as a substitute for the report and resolutions of the House." Mr. FICKLING moved to amend the amendment, by striking out the words, " do not concur in said report," and insert, " do concur in the report and first resolution." Mr. MAZYCK moved that this motion do lie on the table, and the same was carried. The question recurring on the amendment, Mr. MAZYCK moved that it do lie on the table; which was decided in the negative. The amendment recommended by the Committee was then agreed to. The Bill was then again taken up, but before the vote was taken, the Senate, on motion of Mr. RHETT, adjourned at 20 minutes to 4, P. M. TUESDAY, JANUARY 27, 1863. 167 TUESDAY, JANUARY 27, 1863. The Senate met at 12, M. Prayer by the Rev. Dr. Leland. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATORS. Hon. C. R. Boyle, St. Paul's. " J. C. McKewn, St. James', Goose Creek, appeared in their places in the Senate Chamber. PAPERS PROM THE HOUSE OF REPRESENTATIVES. Tho House of Representatives sent to the Senate The report of thlj Committee on Commerce and Manufactures, On the resolution of the State of Florida, in relation to the manufacture of salt; which was referred to the Committee on Agriculture and Internal Improvements. The report of the Committee on Claims, On the account of P. B. Glass & Co., for stationery furnished the House of Representatives; which was referred to the Committee on Claims and Grievances. REPORTS OF COMMITTEES. Mr. APPLEBY presented the report of the Committee on the Lunatic Asylum and Medical Accounts, On the account of W. C. Freeman, for.post mortem examination; which was ordered for consideration to-morrow. Mr. E. G. PALMER presented the report of the Committee on Agricul¬ ture and Internal Improvements, On a Bill, from the House of Representatives, to vest in the Confederate Government a part of the Columbia Canal for a term of twelve years; which was ordered for consideration to-morrow, and to be printed. Mr. MOSES presented the report of the Committee on the Judiciary, On a resolution to pay the Clerk of the House for extra services; which was ordered for immediate consideration, and the resolution was concurred in, and ordered to be returned to the House of Representatives; also, Report of the same Committee, On a resolution in relation to the books of the Ordinary's Court for Charleston District—certain records to be returned to the custody of 1G8 JOURNAL OF THE SENATE, George Buist, Ordinary; which was ordered for immediate consideration, and the resolution was concurred in, and ordered to be returned to the House of Representatives. Mr. APPLEBY presented the report of the Committee on the Lunatic Asylum and Medical Accounts, On a resolution instructing the Treasurer to pay a certain sum to Dr. A. N. Talley; which was ordered for immediate consideration, and the resolu¬ tion was agreed to, and ordered to be sent to the House of Representatives for concurrence. Mr. ARTHUR submitted the reports of the Committee on Claims and Grievances, i On the petition of Jesse Jones, praying payment for ammunition furnished the State; On the petition of John T. Green, praying compensation for a slave lost in the public service; On the petition of Jesse Briggs, for payment for a slave who died from disease contracted in the public service; On the petition of J. S. Wells, for payment for a slave who died in the public service; On the petition of Philip Terry, for payment for a negro lost in the pub¬ lic service; On the petition of C. R. Harbin, for payment for a slave who died from disease contracted in the public service ; On the petition of Joseph T. Baker, for payment for a slave lost in the public service; On the petition of Samuel Jordan, for compensation for a slave who died in the sfervice of this State; On the petition of C. A. Saxon, for payment for a slave who died in the public service; On the petition of W. W. Culler, for payment for a slave who died from disease contracted in the public service; On the petition of William Young, for payment for a slave who died in the public service; On the petition of Thomas Lang, for payment for a slave who died in the public service; On the petition of Zachariah Hall, for payment for a slave who died from disease contracted in the public service; which were ordered for considera¬ tion to-morrow. Mr. ARTHUR also submitted the reports of the Committee on Claims and Grievances, On the reports of the Committee on Claims, of the House of Representa¬ tives, (recommending concurrence,) TUESDAY, JANUARY 27, 1863. 169 On the account of R. W. Gibbes, for printing; On the claim of the Edgefield Advertiser, for printing; On the account of Isaac H. Mean^ Secretary of State, for work done in his office in 1861; On the account of P. B. Glass & Co., for stationery furnished to the House of Representatives;' On the account of Isaac H. Means, Secretary of State, for work done in his office in 1862; On the account of J. M. Hunter, Sheriff of Darlington District, for re¬ moving prisoners; On the account of E. R. Stokes, for binding; On the account of Evans & Cogswell, for printing; On the account of Elijah Hill, constable, for extra services; On the account of the Barnwell Sentinel, for printing; On the account of W. M. Conyers, Editor of the Lancaster Ledger, for public printing. On the account of J. T. Hershman for printing; which were ordered for consideration to-morrow. The Senate proceeded to the GENERAL ORDERS OP THE DAY. The reports of the Committee on the Judiciary, on the following papers, were agreed to, and the Committee was discharged from the further con¬ sideration thereof, viz: On the petition of W. B. Dingle, Sheriff of Charleston District, praying an increase for jail maintenance; On the petition of sundry citizens of Edgefield District, praying that the jurisdiction of the Court of Ordinary be extended in certain respects; On a resolution of a public meeting of Darlington C. H., memorializing for a restriction on the pardoning power; On the petition of sundry citizens of Edgefield District, praying legisla¬ tion against the grievance of slaves stealing articles of prime necessity. The report of the Committee on Finance and Banks, On the petition of James Brian, to be refunded a tax twice paid, was concurred in, and returned to the House of Representatives. A Bill to amend an Act entitled an Act to make appropriations in aid of the families of soldiers, and to repeal an Act entitled " An Act to afford aid to the families of soldiers, ratified on the 21st day of December, A. D. 1861," received the second reading, was agreed to, and was ordered to be sent to the House of Representatives, having been first amended, on motion of Mr. HOPE, as follows: 22 170 JOURNAL OF THE SENATE, {< And that the 7th section of the said Act he amened as follows: That upon the organization of the respective Boards, they shall forthwith report the same to the Comptroller General, with the post-office address of the several officers of each Board/' The Senate proceeded to the SPECIAL ORDER OF THE DAY, FOR 1, P. M. The report of the Committee on the Judiciary, On a Bill to continue in force " An act to extend relief to debtors, and to prevent the sacrifice of property at public sales." The report of the same Committee, On a Bill to prevent the sacrifice of property at public sales in certain cases. The Senate proceeded to the second reading of the first-named Bill. Mr. TPIOMSON offered the following amendment, which was agreed to: And be it further enacted, That all fines imposed by the Courts of Ses¬ sions and Common Pleas of this State be excepted from the operation of said Act, and that all such fines shall be collected as heretofore provided by law. Mr. RHETT moved the following amendment: Provided, That if any debtor shall create any general or special lien on his property, or shall assign or transfer the same, having been seized or possessed thereof at the date of the accrual of any creditor's right of action, or of the staying of his final process as provided for in said Act, whereby the final recovery and satisfaction of his claim may be defeated, impaired or delayed, every such lien, assignment or transfer shall be deemed, and is hereby declared to be, fraudulent, null and void; and such proceedings may be had against the parties thereto, as are provided by law for the prevention and punishment of fraud. Mr. MAZYCK moved to amend the amendment, by inserting, after " same," in the fourth line, the following: Provided, That nothing herein contained shall affect the validity of any bona fide sale for valuable consideration, such consideration not being a debt already due by the debtor. Mr. BLAKENEY moved that the amendment, and the amendment to the amendment, do lie on the table; and the same was ordered. Mr: FICKLING moved the following amendment: TUESDAY, JANUARY 27, 1863. 171 Strike out all after the enacting clause, for the purpose of inserting the following : 1st. That the enforcement of all final process in any of the Courts of this State, arid all foreclosures of mortgages of personal property, shall be stayed, except for the collection of interest against persons not in active service, during the continuance of the existing war between the Confed¬ erate States and the United States, and for six months thereafter. 2d. That if the plaintiff, in final process on the mortgage of personal property, shall make affidavit before some one of the Clerks of the Courts of Common Pleas and General Sessions of this State, that his debtor has absconded, or is about to abscond, or that such debtor is removing, or is about to remove, his property beyond tbe limits of this State, or is fraudu¬ lently disposing of the same, which affidavit shall be attached to such final process or mortgage, then he shall have all the remedies allowed by law prior to the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, anything in this Act to the contrary notwithstanding, unless the debtor shall give sufficient security for the eventual payment of the debt. 3d. That the operation of the Statute of Limitations be, and the same is hereby, suspended during the period in which this Act is of force, in all actions of debt or contract. 4th. That while this Act remains in force, debts due on open accounts, and other demands not heretofore bearing interest by law, shall bear interest at the rate of seven per centum per annum. 5th. That the provisions of this Act shall not extend to common carriers, where they fail in their duty or liability as common carriers. 6th. That all Acts and parts of Acts repugnant to this Act be, and the same are hereby, repealed. Mr. BLAKENEY moved that this amendment do lie on the table; which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Messrs. Beaty, Blakeney, Garlington, Harrison, Hart, Hope, W. D. Johnson, W. R. Johnson, Keitt, Lawton, Manning, Maxwell, McAliley, McCaw, E. H. Miller, J. W. Miller, Moses, E. G. Palmer, Sessions, Simkins, Simpson, Thomson, Ware, and Wortham. Those who voted in the negative, are Hon. W. D. Porter, President; and Messrs. Arthur, Boykin, Boyle, Ellis, Fickling, Plammond, Lesesne, Mazyck, McKewn, Murray, Oswald, Rhett, and Wilson. In the affiimative, 24. In the negative, 14. 172 JOURNAL OF THE SENATE, The amendment was, therefore, ordered to lie on the table. On the question of agreeing to the Bill, the yeas and nays were ordered to be taken, and they are as follows : Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Beaty, Blakeney, Boyle, Garlington, Hammond, Harrison, Hart, Hope, W. R. Johnson, Keitt, Lawton, Manning, Maxwell, McAliley, McCaw, McKewn, E. H. Miller, J. W. Miller, Moses, Murray, Oswald, E. Gi. Palmer, Sessions, Simkins, Simp¬ son, Thomson, Ware, and Wortham. Those who voted in the negative, are Messrs. Arthur, Boy kin, Ellis, Fickling, W. D. Johnson, Lesesne, Mazyck, Rhett, and Wilson. In the affirmative, 29. In the negative, 9. The Bill was, therefore, agreed to, and was sent to the House of Repre¬ sentatives. A Bill (from the House of Representatives) to prevent the sacrifice of property at public sales, was then ordered to lie on the table. Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬ duced A Bill to charter the Palmetto Exporting and Importing Company; which received the first reading, and was referred to the Committee on Incorporations and Engrossed Acts. Leave of absence was granted to the Senator from Prince William's, on and after to-morrow, on account of severe indisposition. Mr. WARE gave notice that he will, to-morrow, ask leave to introduce A Bill to provide for a guaranty by the State of the bonds of the Con¬ federate States. Mr. ARTHUR presented the report of the Committee on Claims and Grievances, On the report of the Committee on Claims, of the House, On a resolution of inquiry in relation to the payment for slaves lost in the service of the State; which was ordered for consideration to-morrow, and to be printed. On motion of Mr. WILSON, it was Ordered, That when the Senate adjourns, it shall stand adjourned to meet to-morrow, at 11, A. M. Mr. W. D. JOHNSON presented the petition of R. L. Hart, praying compensation for a slave who died of disease contracted in the public ser¬ vice ; which was referred to the Committee on Claims and Grievances. TUESDAY, JANUARY 27, 1863. 173 Pursuant to notice, and with leave of the Senate, Mr. W. D. JOHNSON also introduced A Bill to suspend the ninth section of an Act entitled "An Act to estab¬ lish a separate Court of Appeals;" which received the first reading, and was referred to the Committee on the Judiciary. Mr. OSWALD presented the account of the Clerk of the Senate, for stationery at the extra session; which was referred to the Committee on Claims and Grievances. Mr. SIMKINS presented the petition of the Beach Island Farmers' Club, praying legislative protection to the growth of wool, and especially by the imposition of a tax on dogs ; which was referred to the Committee on Agri¬ culture and Internal Improvements. Mr. LESESNE presented the petition of Mary Schultz, Administratrix of John C. Schultz, praying that the excess of the war tax on her intestate's estate, improperly exacted and paid, be refunded; which was referred to the Committee on Finance Banks. Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬ duced A Bill to amend an Act entitled " An Act to authorize the City Council of. Charleston to issue and put in circulation notes receivable in taxes or dues to the City," ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one; which received the first reading, and was referred to the Committee on Finance and Banks, and was ordered to be printed. Mr. ELLIS presented the petition of T. W. Gillison, to be paid for three negroes lost in the public service; which was referred to the Committee on Claims and Grievances. Mr. W. R. JOHNSON presented the petition of George C. James, ask¬ ing compensation for a slave lost in working on the fortifications near Charleston, under impressment; which was referred to the Committee on Claims and Grievances. On motion of Mr. WILSON, the report of the Committee of Ways and Means, On the petition of the Trustees of the Marine School of Charleston, was reconsidered, and was then ordered to lie on the table. The Senate resumed the GENERAL ORDERS OF THE DAY. A Bill to amend an Act entitled " An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States," and to authorize and direct the Governor to 174 JOURNAL OF THE SENATE, proceed to furnish negro labor under said Act, received the second reading, was agreed to, and was.ordered to be sent to the House of Representatives. A Rill to prevent and punish the planting and cultivating in this State over a certain quantity of cotton during the war with the Abolitionists, be¬ ing before the Senate, on the second reading, Mr. PICKLING offered the following amendment, as a proviso to the 1st section: Provided, That nothing herein shall extend to those persons who have removed their negroes from the neighborhood of the coast, to protect them from the enemy, or by the military authority, and those who own no negroes employed in the culture of cotton. This amendment was rejected. Mr. HARRISON successively offered the following amendments, which were agreed to : In 2d section, strike out all after the word " specified," in 6th line, and insert, " such penalty to be paid to the Soldiers' Board of Relief of the Dis¬ trict where such conviction takes place." Sec. 3. That after warrant is issued against any person or persons, for a violation of this Act, it shall be the duty of the Clerk of the Court of Gen¬ eral Sessions and Common Pleas for the District in which the offence is, charged, upon the application, under oath, of either party, prosecutor or defendant, to issue a rule of survey in the case, giving five days' notice thereof to the opposite party ; the cost of such rule and survey to be taxed in the bill of costs upon the final adjudication of the case. Mr. THOMSON offered the following amendment to the 4th section: Strike out all after " during said war," and insert the following: " Under a penalty of,one hundred dollars for each hand, to be recovered as specified in the former sections of this Act." Mr. MAZYCK moved to amend the amendment, by striking out the 4th section of the Bill, which is as follows: Sec. 4. That all owners of slaves or employees shall give in, on oath, to the tax collector the number of hands owned or employed by them be¬ tween the ages of twelve and fifteen, and fifteen and fifty-five, and fifty-five and sixty-five, each year during said war, and for a false return herein, he, she or they, shall be subject to all the pains and penalties of perjury. On the question of agreeing thereto, the yeas and nays were ordered, and they are as follows : Those who voted in the affirmative, are TUESDAY, JANUARY 27, 1863. 175 Messrs. Arthur, Boykin, Fickling, Harrison, Hope, Houser, W. R. John¬ son, Keitt, Lesesne, Manning, Mazyck, E. H. Miller, Moses, Rhett, Simp¬ son, Ware, and Wilson. Those who voted in the negative, are Hon. W. D. Porter, President; and Messrs. Appleby, Beaty, Blakeney? Boyle, Garlington, Hammond, Hart, W. D. Johnson, Lawton, Maxwell, McAliley, McCaw, McKewn, J. W. Miller, Murray, Oswald, E. G. Palmer, Sessions, Simkins, Thomson, and Wortham. In the affirmative, 17. In the negative, 22. The amendment to the amendment was, therefore, not agreed to. The amendment was then agreed to. On the question of agreeing to the Bill, the yeas and nays were ordered to he taken, and they are as follows : Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Appleby, Beaty, Blakeney, Boyle, Garlington, Hammond, Harrison, Hart, Houser, W. D. Johnson, W. R. Johnson, Keitt, Lawton, Maxwell, McAliley, McCaw, McKewn, J. W. Miller, Murray, Oswald, E. G. Palmer, Sessions, Simkins, Simpson, Thom¬ son, Ware, and Wortham. Those who voted in the negative, are Messrs. Boykin, Bull, Fickling, Hope, Lesesne, Manning, Mazyck, E. H. Miller, Moses, Rhett, and Wilson. In the affirmative, 28. In the negative, 11. The Bill was, therefore, agreed to, and ordered to be sent to the House of Representatives. The following message was received from the House of Representatives, and was ordered to lie on the table : House or Representatives, January 27, 1863. Mr. President, and Gentlemen of the Senate: The House respectfully proposes to rescind the resolution to adjourn on Friday next. By order of the House, A. P. ALDRICH, Speaker. Mr. WILSON offered the following preamble and resolution, which were ordered for consideration to-morrow : Whereas the Superintendent of Labor has, under the instructions of the Governor, and in conformity with the official opinion of the Attorney Gen- 176 JOURNAL OF THE SENATE, eral, published a declaration that the Act of this General Assembly, passed on the 18th day of December, 1862, providing for the supply of slave labor to the Confederate military authorities in the State of South Carolina, is inoperative, and has issued his call upon certain Districts of this State for their alleged quota thereof, under the authority of certain resolutions of the late Executive Council; therefore, be it Resolved, That, in the opinion of the Senate, the Act of the 18th De¬ cember, 1862, is now the law of the land, and no impressment of labor is legal which is not made in accordance with its provisions. On motion of Mr. HOPE, the Senate adjourned at half-past 4, P. M. WEDNESDAY, JANUARY 28, 1863. The Senate met 11, A. M., pursuant to adjournment. Prayer by the Rev. Mr. Boyce. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATOR. Hon. W. G. Roberds, St. Peter's, appeared in his seat in the Senate Chamber. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate, The report of the Committee on Claims, On the petition of William Lindsay, for services rendered*; which was referred to the Committee on Claims and Grievances; And also the following Bills : A Bill to establish and re-charter certain roads, bridges and ferries, and for other purposes; and A Bill to incorporate the Edisfco and Ashley Canal Company. The Bills severally received the first reading, and the first was referred to the Com¬ mittee on Roads and Buildings, and the-second to the Committe on Incor¬ porations and Engrossed Acts. Pursuant to notice, and with leave of the Senate, Mr. WARE introduced WEDNESDAY, JANUARY 28, 1863. 177 A Bill to provide for a guaranty by the State of the bonds of the Con¬ federate States; which received the first reading, and was referred to the Committee on Finance and Banks, and was ordered to be printed. REPORTS OF COMMITTEES. Mr. ARTHUR presented the report of the Committee on Claims and Grievances, On the account of the Clerk of the Senate, for stationery at the present session; which was ordered for-immediate consideration, was agreed to, and ordered to be sent to the House of Representatives for concurrence. Mr. LAWTON presented the report of the Committee on the Lunatic Asylum and Medical Accounts, On a communication addressed to his Excellency the Governor, on the subject of vaccination; which was ordered for consideration to-morrow. Mr. W. R. JOHNSON presented the report of the same Committee, On the report of the Medical Committee, of the House, On the account of Dr. F. M. Munro, for attending a prisoner in jail; which was ordered for consideration to-morrow. Mr. GARLINGTON presented the report of the Committee on the Mili¬ tary and Pensions, On so much of the Governor's Message as relates to questions arising in the service of the two companies of mounted Rifles, and the accompanying report of the Adjutant and Inspector General on the same subject; On the petition of the 8th Regiment of Reserves, asking to be relieved from duty at the expiration of their term of service; On a resolution of the House of Representatives, on the subject of an agency at Richmond for the assistance of South Carolina soldiers, and so much of Message No. 1 of his Excellency Governor Bonham as relates to the same subject; which were ordered for consideration to-morrow. Mr. WARE presented the report of the Committee on Incorporations and Engrossed Acts, On a memorial of sundry citizens of Charleston, praying an Act incor¬ porating the Trading Company of the Confederate States; and also, A Bill to charter the Trading Company of the Confederate States; which was ordered for consideration to-morrow, and the Bill was ordered to be printed. On motion of Mr. MAZYCK, the message from the House of Represen¬ tatives, proposing to rescind the resolution for the adjournment of the Gen¬ eral Assembly on the 30th inst., was taken from the table, and a message of concurrence was returned. 23 178 JOURNAL OF THE SENATE, Mr. MAZYCK also offered the following resolution; which was agreed to, and sent to the House of Representatives for concurrence: Resolved, That this General Assembly will adjourn, sine die, on Tuesday, the 3d day of February, at 5 o'clock, P. M. Mr. GARLINGTON submitted the following resolution, which was con¬ sidered, ,and was not agreed to: Resolved, That when the daily Calendar is taken up, the reports and resolutions shall be called, in preference to the Bills, for one hour, if so much be necessary, or until the same are disposed of, if no objection be made. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bilt to prohibit extortion and punish extortioners, was ordered to be placed in the General Orders of the Day for to-morrow; A Bill to declare the law in relation to the proceedings of the Executive Council, received the second reading, was agreed to, and sent to the House of Representatives; and the report of the Joint Special Committee, report¬ ing the same, was also agreed to, and sent to the House of Representatives for concurrence. A Bill to authorize the Banks of this State to purchase Confederate and State securities; and A Bill to refund to the Soldiers' Boards of Relief for Barnwell and Laurens Districts, and for St. Matthew's and Christ Church Parishes, moneys advanced and expended by them, as Boards of Relief, out of their private funds, received the second reading, were agreed to, and sent to the House of Representatives. The unfavorable report of the Committee on the Lunatic Asylum and Medical Accounts, On the report of the Medical Committee, of the House of Represen¬ tatives, . On the Account of Dr. W. C. Freeman, for a ftost mortem examination, was agreed to, and the report of the Committee of the House was rejected. The report of the Committee on the Lunatic Asylum and Medical Ac¬ counts, On a resolution in relation to closing a street in the City of Columbia, was agreed to, and the Committee was discharged from the further consid¬ eration of the subject. WEDNESDAY, JANUAEY 28, 1863. 179 The following reports of the Committee on Claims and Grievances were agreed to, and were sent to the House of Representatives for concurrence: On the petition of Jesse Jones, praying payment for ammunition fur¬ nished the State; On the petition of John T. Green, praying compensation for a slave lost in the public service; On the petition of Jesse Briggs, for payment for a slave who died from disease contracted in the public service; On the petition of J. S. Wells, for payment for a slave who died in the public service; On the petition of Philip Terry, for payment for a negro lost in the public service; On the petition of C. R. Harbin, for payment for a slave who died from disease contracted in the public service ; On the petition of Jos. T. Baker, for payment for a slave lost in the pub¬ lic service; On the petition of Samuel Jordan, for compensation for a slave who died in the service of this State; On the petition of C. A. Saxon, for payment for a slave who died in the public service; On the petition of W. W. Culler, for payment for a slave who died from disease contracted in the public service; On the petition of William Young, for payment for a slave .who died in the public service; On the petition of Thomas Lang, for payment for a slave who died in the public service; On the petition of Zachariah Hall, for payment for a slave who died from disease contracted in the public service. The following were concurred in, and returned to the .House of Repre¬ sentatives : Reports of the Committee of Ways and Means, of the House of Repre¬ sentatives, On the petition of Hiram Weeks, to be refunded an excess of war tax; On the petition of Robert A. Buchanan, to be refunded an excess of war tax; On the petition of Nathan Legare, to be refunded a double tax; On the petition of James Thomson, Administrator of Dabney Wansley, to be refunded, a double tax; On the petition of Daniel McJunkin, to be refunded a war tax improp¬ erly paid; 180 JOURNAL OF THE SENATE, A resolution directing the President of the Rank of the State of South Carolina to pay arrears of interest on railroad bonds upon which is endorsed the guaranty of the State. The following reports of the Committee on Claims, of the House of Rep¬ resentatives, were concurred in, and returned : On the account of R. W. Gibbes, for printing; On the claim of the Edgefield Advertiser, for printing; On the account of Isaac H. Means, Secretary of State, for work done in his office in 1861; On the account of P. B. Glass & Co., for stationery furnished to the House of Representatives; On the account of Isaac II. Means, Secretary of State, for work done in his office in 1862 ; On the account of J. M. Hunter, Sheriff of Darlington District, for removing prisoners; On the account of E. R. Stokes, for binding;' On the account of Evans & Cogswell, for printing; On the account of Elijah Hill, constable, for extra services; On the account of the Barnwell Sentinel, for printing; On the account of AY. M. Conyers, Editor of the Lancaster Ledger, for public printing; On the account of J. T. Hershman, for printing. The report of the Committee on Claims and Grievances, On the report of the Committee on Claims, of the House of Represen¬ tatives, On a resolution of inquiry in relation to the payment for slaves lost in the service of the State, was agreed to, and, pursuant to the recommenda¬ tion of the Committee, a message was sent to the House of Representatives, proposing the following resolutions, in lieu of those recommended by the Committee of the House of Representatives : Resolved, That it is the opinion of this General Assembly, that it is proper and just that the State should compensate the owners of slaves taken by the authority of the State for the public service, who have died from diseases contracted in said service, and whose death or loss has been occasioned by reason of such service. Resolved, That James Tupper, Esq., Auditor of Claims, be required to procure certified copies of the evidence before the Legislature in all cases of the character indicated by the foregoing resolution, which may be acted upon favorably during the present session of this Legislature, together with such additional evidence as may be necessary, and present such cla:ms, with the evidence, to the Confederate Congress, or such Court of Claims as may WEDNESDAY, JANUARY 28, 1863. 181 be established for the consideration of the same; also, that the said James Tupper do procure, as soon as practicable, information as to the character and forms of evidence which may be required by the Confederate Govern¬ ment for the future use of this Legislature; and that, after such informa¬ tion has been obtained and published, all future applications to the Legisla¬ ture for compensation for negroes lost in the public service, shall be required to conform thereto. The Senate proceeded to the consideration of a preamble and resolution offered by the Senator from Prince George, Winyah, in relation to the impressment of labor under the Act of 1862. Mr. MOSES moved to amend the resolution, by inserting, after the word " labor," the following: " by State authority." Mr. MAZYCK moved that the amendment do lie on the table, which was decided in the negative, and the amendment was then agreed to. Mr. MAZYCK then moved that the resolution, as amended, do lie on the table, which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Messrs. Arthur, Boykin, Bull, Garlington, Hammond, Harrison, Hope, Houser, W. D. Johnson, Lawton, Lesesne, Maxwell, Mazyck, McKewn, E. H. Miller, J. W. Miller, Murray, Roberds, Sessions, Simpson, Thomson, and Ware. Those who voted in the negative, are Hon. W. D. Porter, President; and Messrs. Appleby, Beaty, Blakeney, Boyle, Eickling, Hart, W. R. Johnson, Keitt, Manning, McAliley, McCaw, Moses, Oswald, Rhett, and Wilson. In the affirmative, 22. In the negative, 16. The resolution was, therefore, ordered to lie on the table. The General Orders were disposed of. The House of Representatives sent to the Senate the following papers : The report of the Committee on the Military, On Message No. 2 of the Governor, in relation to the Michigan flag; which was referred to the Committee on the Military and Pensions. A Bill to provide for a guaranty by the State of the bonds of the Con¬ federate States; which received the first reading, and was referred to the Committee on Finance and Banks ; A Bill for the appointment of Commissioners of the Poor for Lancaster District; which received the third reading, and it was 182 JOURNAL OF THE SENATE, Resolved, That the Bill do pass; that the title thereof be changed ; and that it be called an Act. Ordered, That it be sent to the House of Representatives. A Bill to grant the aid of the State to the Cheraw and Coal Fields Rail¬ road Company) which received the third reading, and it was Resolved, That the Bill do pass; that the title thereof be changed; and that it be called an Act. Ordered, That it be returned to the House of Representatives. A Bill for the better organization of the Militia, and for other purposes, was, on motion of Mr. GrARLINGTON, made the Special Order of the Day for to-morrow, at 12 o'clock, M. Mr. LESESNE offered the following resolution, which was considered, and agreed to, and the Committee was instructed accordingly: Resolved, That it be referred to the Committee on Agriculture and In¬ ternal Improvements, to inquire and report whether any, and what, legisla¬ tion is advisable to prevent the exportation of grain from the State, with leave to report by Bill. On motion of Mr. ARTHUR it was Ordered, That when the Senate adjourn, it shall stand adjourned to meet to-morrow at 11 o'clock, A. M. The PRESIDENT laid before the Senate the report of the Solicitor of the Middle Circuit, on the condition of the offices of Clerk, Sheriff, Ordi¬ nary, and Commissioner in Equity, in the several Districts comprised in his Circuit; which was referred to the Committee on the Judiciary. On motion of Mr. BEATY, the Senate adjourned at 3 o'clock, P. M. , THURSDAY, JANUARY 29, 1863. 183 THURSDAY, JANUARY 29, 1863. The Senate met at 11, A. M., pursuant to adjournment. Prayer by the Rev. Mr. Efird. The Clerk read the journal of the proceedings of yesterday. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate, A Bill to refund to the Soldiers' Boards of Relief for Barnwell and Lau¬ rens Districts, and for St. Matthew's and Christ Church Parishes, moneys advanced and expended by them, as Boards of Relief, out of their private funds; which received the third reading, and it was Resolved, That the Bill do pass; that the title thereof be changed; that it be called an Act. Ordered, That it be returned to the House of Representatives. The report of the Committee on Offices and Officers, On nominations for Soldiers' Boards of Relief; which was referred to the Committee on Accounts and Vacant Offices. The House of Representatives sent to the Senate the following Bills; which received the first reading, and were referred to the Committee on Incorporations and Engrossed Acts : A Bill to incorporate certain Religious and Charitable Societies, and to renew and amend the charters of others heretofore granted; and A Bill to charter the Atlantic Steam Packet Company of the Confederate States. The House of Representatives also sent to the Senate, The report of the Committee on Education, to whom was recommitted the report on Message No. 4 of his Excellency the Governor, relating to the South Carolina College; which was referred to the Committee on the College, Education and Religion. The House of Representatives also sent to the Senate the following Bills, which received the first reading, and were referred as follows: A Bill to alter and amend an Act entitled " An Act concerning the office and duties of Ordinary," passed in the year of our Lord one thousand eight hundred and thirty-nine; and - A Bill to exempt from legal penalty, for not making their annual returns, all Guardians, Administrators, Executors, &c., in Confederate service; to the Committee on the Judiciary. 184 JOURNAL OF THE SENATE, A Bill to charter the "Palmetto Exporting and Importing Company;" to the Committee on Incorporations and Engrossed Acts. A Bill to provide for the appointment of Commissioners of the Poor for Darlington District; to the Committee on Accounts and Vacant Offices. A Bill to enable citizens of the State who are engaged in military service to exercise the rights of suffrage; to the Committee on Privileges and Elections; A Bill to authorize the issue of Stock for the purpose of continuing the construction of the New State House; to the Committee on Finance and Banks. Mr. HOPE presented the petition of Edward Kinsler, of Lexington District, praying compensation for a slave who died from disease contracted whilst in the service of the State; which was referred to the Committee on Claims and Grievances. Mr. GARLINGTON presented the petition of Micajah Harris, praying compensation for a slave who died in the service of the State; which was referred to the Committee on Claims and Grievances. Mr. WARE, from the Committee on Accounts and Vacant Offices, re¬ ported the office of State Reporter vacant; whereupon, On motion of Mr. MOSES, a message was sent to the House of Repre¬ sentatives, proposing to that House to enter into a joint ballot to fill the va¬ cancy at 1, P. M., to-morrow. REPORTS OF COMMITTEES. Mr. MOSES submitted the report of the Committee on the Judiciary, On a Bill to repeal the ninth section of an Act to establish a separate Court of Appeals, recommending the passage of the Bill, with amendments; which was ordered for consideration to-morrow, and to be printed. Mr. McALILEY presented the report of the Committee on Finance and Banks, On a Bill, from the House of Representatives, to provide for a guaranty. by the State of the bonds of the Confederate States, recommending its passage; And the report of the same Committee, On a Bill to amend an Act entitled " An Act to authorize the City Council of Charleston to issue and put in circulation notes receivable in taxes and dues to the city," ratified on the 21st day of December, A. D. 1861, recommending its passage ; and The report of the Committee on Finance and Banks, on the amendments by the House of Representatives, to THURSDAY, JANUARY 29, 1863. 185 A Bill to authorize the Banks of this State to issue small notes, recom¬ mending that the Bill do not pass; which were ordered for consideration to-morrow. Mr. WARE submitted the favorable report of the Committee on Incor¬ porations and Engrossed Acts, On a Bill to charter the Palmetto Exporting and Importing Company; which was ordered for consideration to-morrow. The following sports of the Committee on the Military and Pensions, were submitted : By Mr. OSWALD: On the report of the Military Committee, of the House of Representa¬ tives, in reference to the purchase of a limited number of copies of Mahan's work on permanent fortifications. By Mr. G ARLINGTON : On the petition of Francis M. Mellett and J. H. McKnight, praying relief in the matter of the elections held in the Eighth Regiment of Reserves; and also, On the report of the Committee on the Military, of the House of Repre¬ sentatives, On a resolution as to Morse's patent breech-loading carbine,; and also, On the petition of citizens of Darlington, asking the disbanding of a Militia Beat Company. By Mr. THOMSON: On Message No. 12 of his Excellency Governor Pickens, in relation to the appointment of some one to record the names of those who have fallen in the service of their country. By Mr. GARLINGTON : On a resolution, from the House of Representatives, on the petition of Asa George, praving aid in the construction of a revolving gun. By Mr. HARRISON: On so much of the Message No. 1 of his Excellency Governor Pickens as refers to the State Works at Greenville C. H. By Mr. HARRISON: On the report of the Committee on the Military, of the House of Repre¬ sentatives, on the Annual Report of the Board of Visitors of the State Military Academies. By Mr. SIMKINS: On a resolution in relation to the present war, transmitted by the State of Florida. The reports were ordered for consideration to-morrow; and the reports referring to the State Works at Greenville, and the resolutions from the State of Florida, were ordered to be printed. 24 186 JOURNAL OF THE SENATE, The following Bills received the third reading, and it was Resolved, That the Bills do pass; that the titles thereof be changed; that they be called Acts. Ordered, That they be sent to the House of Representatives, viz : A Bill to alter and amend the charter of the Bank of Charleston, S. C.; A Bill to increase the fees of Sheriffs for dieting persons confined in jail; A Bill to provide against dearths of salt. The House of Representatives returned to the Senate An Act for the appointment of Commissioners of the Poor for Lancaster District; which was referred to the Committee on Incorporations and Engrossed Acts. The Senate proceeded to the SPECIAL ORDER FOR 1, P. M. A Bill for the better organization of the Militia, and for other purposes; which w±s ordered for a second reading. Mr. McALILEY offered the following amendment to the end of the thirteenth section : And each person, not in military service, who shall have an overseer now or heretofore exempted, shall deliver to the Board of Relief for the Dis¬ trict in which said person may reside, ten bushels of corn for each working hand under said overseer. Mr. MOSES moved that the amendment do lie on the table; which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Arthur, Beaty, Blakeney, Boykin, Boyle, Fickling, Garlington, Hammond, Harrison, Hope, Houser, W. R. Johnson, Keitt, Lawton, Lesesne, Manning, Mazyck, McCaw, E. H. Miller, J. W. Miller, Moses, Murray, Oswald, Rhett, Roberds, Sessions, Simkins, Thomson, Ware, and Wilson. Those who voted in the negative, are Messrs. Appleby, W. D. Johnson, Maxwell, McAliley, and Wortham. In the affirmative, 31; In the negative, 5. The amendment was, therefore, ordered to lie on the table. Mr. McALILEY also offered the following amendment to the end of 13th section: That all exemptions heretofore granted under the Ordinance of the Con¬ vention of this State to persons under the age of forty years, as oversee^, THURSDAY, JANUARY 29, 1863. 187 be, and the same are hereby, revoked, and hereafter no exemption shall be granted under the provisions of this Act to any person under the age of forty years. Mr. MOSES moved that the amendment do lie on the table, which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Messrs. Arthur, Blakeney, Boy kin, Boyle, Fickling, Garlington, Harri¬ son, Hope, Houser, Lawton, Lcsesne, Manning, Mazyck, MeOaw, E. H. Miller, J. W. Miller, Moses, Murray, Oswald, Roberds, Thomson, and Wilson. Those who voted in the negative, are Hon. W. D. Porter, President; and Messrs. Bcaty, W. D. Johnson, W. R. Johnson, Keitt, Maxwell, McAliley, E. G. Palmer, Rhett, Simkins, Ware, and Wortham. In the affirmative, 22; In the negative, 12. The amendment was, therefore, ordered to lie on the table. Mr. THOMSON offered the following amendment, which was considered, and agreed to: Strike out "contiguous," and after "plantations," insert, " not further apart than five miles, and having between them fifteen working hands." The reading of the Bill was concluded, it was agreed to, and sent to the House of Representatives. \ Message No. 3 from his Excellency the Governor was communicated to the Senate, and was referred to the Committee on Finance and Banks, and is as follows: MESSAGE NTO. 3. STATE OF SOUTH CAROLINA. Executive Department, Columbia, January 29th, 1863. Gentlemen of the Senate and House of Representatives: In accordance with the joint resolutions of the General Assembly, passed on the 18th day of December, A. D. 1862, authorizing the Governor to make a contract with certain persons therein named, I have to communicate that I made such contract on the 2d day of January inst. I call your at¬ tention to the necessity of providing by A.ct the means requisite to enable the Governor to comply with the terms of the contract in the alternative, as stipulated iu the resolutions* 188 JOURNAL OF THE SENATE, I also transmit copies of a communication from Mr. James Tupper, State Auditor, made at my instance, containing " estimates of expenditures;" of "present available means under control of the Executive;" and of "re- sources to meet deficiencies," the recommendations of which I adopt, and ask your favorable consideration of the same. M. L. BONHAM. Mr. FICKLING offered the following resolution; which was considered, and agreed to, and ordered to be sent to the House of Representatives for concurrence: Resolved, That each member of the Commission on the Code of the Statute Law, be allowed five dollars per diem while in actual session, and mileage from home to the place of meeting or meetings, and returning, to be paid by the Bank of the State, and placed to the charge of the State. Mr. FICKLINGr also presented the following petitions, viz: The petition of W. B. Means, for payment lor fodder furnished to the army; The petition of Henry McKee, for payment for corn furnished to the army; which were referred to the Committee on Claims and Grievances. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The following papers were ordered to be placed in the General Orders of the Day for to-morrow: The report of the Committee on Agriculture and Internal Improvements, 6n a Bill, from the House of Representatives, to vest in the Confederate Government a part of the Columbia Canal for a term of twelve years. Reports of the Committee on the Military and Pensions, On so much of the Governor's Message as relates to questions arising in the service of the two companies of Mounted Rifles, and the accompanying report of the Adjutant and Inspector General on the same subject; On the resolution of tHe House of Representatives on the subject of an agency at Richmond for the assistance of South Carolina soldiers, and so much of Message No. 1 of his Excellency Governor Bonham as relates to the same subject; The report of the Committee on Incorporations and Engrossed Acts, On a memorial of sundry citizens of Charleston, praying an Act incor¬ porating the "Trading Company of the Confederate States;" and also, A Bill to charter the " Trading Company of the Confederate States." The report of the Committee on the Military and Pensions, in relation to the agency at Richmond to aid our soldiers, &o., was ordered to be printed. FRIDAY, JANUARY 30, 1863. 189 The'report of the Committee on the Judiciary, On a Bill to prohibit extortion and punish extortioners, was made the Special Order of the Day for to-morrow, at 1, P. M., and was ordered to be printed. The report of the Medical Committee, of the House of Representatives, On the account of Dr. F. M. Munro, for attending prisoners in jail, was concurred in, and returned to the House of Representatives. The report of the Committee on the Lunatic Asylum and Medical Ac¬ counts, On a communication addressed to his Excellency the Governor, on the subject of vaccination 3 and On the petition of the 8th Regiment of Reserves, asking to be relieved from duty at the expiration of their term of service; were agreed to by the Senate. The General Orders were disposed of, and, On motion of Mr. MAZYCK, the Senate adjourned at 3, P. M. FRIDAY, JANUARY 30, 1863. The Senate met at 12, M. Prayer by the Rev. Mr. Breaker. The Clerk read the Journal of the proceedings of yesterday. The House of Representatives sent to the Senate the following message: House of Representatives, January 29, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully concurs with the Senate, to go into an election for State Reporter to-morrow, at twelve o'clock, M. By order of the House, A. P. ALDRICH, Speaker. The Senate thereupon joined the House in a ballot. Messrs. Rhett and Roberds were appointed the Committee, on the part of the Senate, to count the ballots. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate, 190 JOURNAL OF THE SENATE, The report of the Committee on the Lunatic Asylum, Oh the report of the Regents of the Lunatic Asylum, with resolutions; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. A Bill to alter and amend the third section of an Act entitled "An Act to charter a Cotton Planters' Lran Association; which received the first reading, and was referred to the Committee on Incorporations and Engrossed Acts. Resolution requesting the military authorities to remove their offices from the Charleston Court House ; which was referred to the Committee on Roads and Buildings. The report of the Medical Committee, On the account of Dr. Thomas P. Rawls, for a post mortem examination; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. The report of the Committee on the Military, On a resolution to inquire and report as to the necessity of having a por¬ tion of the arms and ammunition for Horry District transferred from Horry Court House to the village of Little River; which was ordered for imme¬ diate consideration, was concurred in, and ordered to be returned to the House of Representatives. Mr. McALILEY submitted the following reports of the Committee on Finance and Banks : On the report of the memorial of John Townsend and others, members of the Central Association for the relief of the soldiers of South Carolina; On the petition of David Ramsay, Administrator of Eleanor Ramsay, praying relief from a tax execution on property destroyed by the Confed¬ erate States. Mr. WARE submitted the report of the Committee on Accounts and Vacant Offices, On a Bill, from the House of Representatives, to provide for the appoint¬ ment of Commissioners of the Poor for Darlington District; which were ordered for consideration to-morrow; and also, The report of the same Committee, On the report of the Committee on Vacant Offices, of the House of Rep¬ resentatives, submitting nominations of Commissioners of the Boards of Soldiers' Relief, recommending concurrence, with the following amendments: For Horry District.—J. W. Beaty, vice S. M. Anderson. For St. Helena Parish, by adding—H. M. Stuart, J. 0. Rhodes, F. F. Sams, C. E. Bell, Wm. Chisolm. FRIDAY, JANUARY 30, 1863. 191 The report was ordered for immediate consideration, was agreed to, and a message was sent to the House of Representatives, asking leave to amend the report accordingly. Mr. WARE submitted the report of the Committee on Incorporations and Engrossed Acts, On a Bill, from the House of Representatives, to charter the Palmetto Exporting and Importing Company, which was ordered for consideration to¬ morrow ; and the report of the same Committee, On a Bill to charter the Atlantic Steam Packet Company of the Con¬ federate States; which was placed in the General Orders for this day. Mr. HOPE submitted the report of the Committee on Roads and Build¬ ings, On a Bill, from the House of Representatives, to establish certain roads, bridges and ferries, recommending its passage, with amendments. The re¬ port having been ordered for immediate consideration, the Bill received the second reading, was agreed to, and was returned to the House of Repre¬ sentatives. Mr. ARTHUR presented the report of the Committee on Claims and Grievancies, On the report of the Committee on Claims, of the House of Representa¬ tives, on the following papers, which were ordered for consideration to¬ morrow : On the petition of William Lindsay, for services rendered; On the account of P. B. Glass & Co., for stationery furnished the House of Representatives; On the petition of Thos. Williams, praying to be paid for property des¬ troyed on Sullivan's Island by order of the military authorities; also, The report of the same Committee, on the following papers : The petition of R. L. Hart, praying compensation for a slave who died of a disease contracted in the public service; The petition of William B. Means, praying compensation for fodder fur¬ nished the army; The petition of T. W. Gillison, for three negroes lost in the public service; The petition of Henry McKee, praying compensation for corn furnished the army; The petition of N. W. Heyward, to be paid for negroes lost while in pub¬ lic service; which were ordered for consideration to-morrow. Leave of absence for the remainder of the session, after this day, was granted to Mr. LAWTON, on account of illness in his family. 192 JOURNAL OF THE SENATE, Mr. THOMSON presented the petition of Andrew Giles, praying to be refunded a Confederate tax twice paid; which was referred to the Commit¬ tee on Finance and Banks. ' Message No. 4 from his Excellency the Governor was communicated to the Senate, and was referred to the Committee on the Military and Pen¬ sions, and is as follows: MESSAGE NTo. 4. STATE OF SOUTH CAROLINA. Executive Department, Columbia, January 30, 1863. Gentlemen of the the Senate and House of Representatives : Since sending in my last communication, I have received from Major John R. Niernsce, of the Engineers, a very interesting report, a copy of which is herewith transmitted. The Executive and Council having had Legislative as well as Executive powers, I deem it proper to refer this report at once to the General Assem¬ bly, and ask your early attention to the important matters therein contained. M. L. BONHAM. The Senate proceeded to the SPECIAL ORDER OF THE DAY FOR 1, P. M. A Bill to prohibit extortion and punish extortioners. The following amendments were offered and agreed to: By Mr. MAZYCK, to end of second section : Provided, That it shall not be lawful for any person who shall have pur¬ chased any such article at the price paid by the State therefor, to offer for! sale, or sell such articles at any higher advance than ten per cent, on the price paid for the same; and in case any such articles shall be sold, or offered for sale, at any higher advance than as aforesaid, the same shall be again seized by the Governor or his agents, and disposed of as before pro¬ vided. By Mr. MAZYCK, the same to end of third section: Provided, That it shall not be lawful for any person who shall have pur¬ chased any such article at the price paid by the State therefor, to offer for sale, or sell such articles at any higher advance than ten per cent, on the price paid for the same; and in case any such articles shall be sold, or FRIDAY, JANUARY 30, 1863. 193 offered forsale, at, any higher advance than as aforesaid, the same shall be again seized by the Governor or his agents, and disposed of as before pro¬ vided. By Mr. GARLINGTON : After the word "State," in first section, the following: " Or imported into this State from foreign countries, except while in the hands of the importers, or their consignees or agents." The following were offered, and were disagreed to: . By Mr. MAZYCK : Provided, That in estimating the net profit made, or to be made, on mer¬ chandise, or things sold or offered for sale as aforesaid, such profit shall be ascertained by deducting from the difference between the prime cost of such merchandise or other things, and the price at which the same are offered forsale or sold, besides all other proper deductions, the difference between the market price of gold at the time of the production, purchase, or manu¬ facture of such merchandise or other things, and the market price of gold at the time when the same are offered for sale or sold as aforesaid. By Mr. WILSON, strike out the fourth section, and insert the following: That the Governor of this State, for the purpose of carrying into effect the provisions of this Act, he, and he is hereby, authorized and empowered to employ such agents as he may think proper and necessary; and may, in addition to the contingent fund, use for the purpose of enforcing this Act any unappropriated funds in the Treasury : Provided, That the number of agents so to be employed shall not exceed forty-six, and the compensation to such agent thus employed shall not exceed one thousand dollars per annum, or at that rate if employed for a shorter period than one year. On motion of Mr. ARTHUR, the fourth section was stricken out. On motion of Mr. GARLINGTON, the Bill was made the Special Order of the Day for to-morrow, at 1 o'clock, P. M. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives returned to the Senate, with its concur¬ rence, The report of the Committee on Commerce, Manufactures and the Me¬ chanic Arts, On the petition of the Trustees of the Marine School, for aid, and on the Governor's Message on the same subject. The House also sent, for concurrence, the following: 25 194 JOURNAL OF THE SENATE, The report of the Committee on Railroads, On the*claim of the Charleston and Savannah Railroad Company, for pay¬ ment for a bridge over Ashley river; which was referred to the Committee* on Claims and Grievances. The report of the Medical Committee, On the account of Dr. J. Caughman, for a post mortem examination; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. The report of the Committee on Claims, On the account of the Clarendon Banner, for printing; which was re¬ ferred to the Committee on Claims and Grievances. The report of the Committee of Ways and Means, On the petition of holders of lots on Sullivan's Island, praying exemp¬ tion from taxation during the war; which was referred to the Committee on Finance and Banks. The House of Representatives returned to the Senate the following Acts: An Act to increase the fees of Sheriffs for dieting persons confined in jail; An Act to alter and amend the charter of the Bank of Charleston, South Carolina ; An Act to provide against dearths of salt; and they were committed to the Committee on Incorporations and Engrossed Acts. Leave of absence was granted to the Senators from Chester and Abbe¬ ville, after this day, until Wednesday next. Mr. ROBERDS, from the Committee to count the ballots cast for State Reporter, reported that J. S. G. Richardson had received all the ballots cast, and he was consequently declared by the PRESIDENT duly elected accordingly. The following resolutions were offered, and considered, and agreed to, and were ordered to be sent to the House of Representatives for concur¬ rence : By Mr. McCAW : Resolved, That a clerical error having occurred in the third resolution of the report and resolutions of the Committee on the New State House, of the Senate, on the report of the Acting Commissioner, Architect and Su¬ perintendent of the same, adopted by the General Assembly in December, 1862, by the use of the words " January, 1862," for "January, 1868," the Clerks of the two houses, or either of them, be instructed to correct the said error. FRIDAY, JANUARY 30, 1863. 195 By Mr. MOSES: Resolved, That the bonds executed on contracts with the State for the manufacture and delivery of salt, under the resolutions of the Executive Council, adopted 19th of February and 20th May, 1862, be transferred to the care of the Auditor. That the Auditor inquire whether the said con¬ tracts have been duly performed by the persons undertaking them, and in the event of his ascertaining that the conditions of the said bonds have not been complied with, that he cause suit to be brought on the said bonds at the earliest practicable period. The House of Representatives also sent to the Senate, A Bill to amend an Act entitled " An Act to make appropriations in aid of the families of soldiers," and to repeal an Act entitled " An Act to afford aid to the families of soldiers," ratified on the 21st day of Decem¬ ber, A. D. 1861. The Bill received the third reading, and it was % . Resolved, That it do pass; that the title thereof be changed; that it be called " An Act," and that it be sent to the House of Representatives. The Senate proceeded to the GENERAL ORDERS OF THE DAY. A Bill, from the House of Representatives, to vest in the Confederate Government a part of the Columbia Canal for a term of twelve years, received the second reading, was agreed to, and was sent to the House of Representatives. The report of the Committee on the Military and Pensions, On so much of the Governor's Message as relates to questions arising in the service of the two Companies of Mounted Rifles, and the accompany¬ ing report of the Adjutant and Inspector General on the same subject, was agreed to, and was sent to the House of Representatives for concurrence. Resolutions in reference to an agency at Richmond, for the assistance of sick and wounded soldiers, were concurred in, and returned to the House of Representatives. The report of the Committee on Finance and Ranks, On the amendments by the House of Representatives to a Bill to authorize the Banks of this State to issue small notes, on motion of Mr. McALILEY, was recommitted. The General Orders were suspended. Mr. WARE offered the following resolution; which was considered, and agreed to, and sent to the House of Representatives for concurrence: 196 JOURNAL OF THE SENATE, Resolved, That the new Boards for Soldiers' Relief, appointed by the Act of the present Legislature, be authorized and empowered to adjust and pay, out of the funds raised under said Act, any sum or sums which may have been paid out or disbursed by the old Boards of Relief, upon their individual responsibility, since the first day of January, 1863, upon satisfactory evidence being given that such disbursements were made in accordance with the Act creating such new Boards. The General Orders were suspended, and, On motion of Mr. MANNING, the Senate adjourned at half-past 3, P. M. SATURDAY, JANUARY 31, 1863. The Senate met 12, M. Prayer by the Rev. Mr. Yates. The Clerk read the Journal of the proceedings of yesterday. ADDITIONAL SENATOR. Hon. S. W. Barker, St. John's, Berkeley, appeared in his seat in the Senate Chamber. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The following message was received from the House of Representatives: House op Representatives, January 30, 1863. Mr. President, and Gentlemen of the Senate: This House respectfully concurs with the Senate's amendment making nominations for Soldiers' Board of Relief for Horry District and St. Helena Parish. By order of the House, A. P. ALDRICH, Speaker. The report was amended pursuant to leave granted, and as amended, was concurred in, and returned. The following message was received from the House of Representatives : SATURDAY, JANUARY 31, 1863. 197 House oe Representatives, January 30, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully asks leave of the Senate to amend the resolution of the Senate, providing for the education of certain youths in the State Military Academies, by striking out all after the word resolved, and insert¬ ing the words hereto appended. By order of the House, A. P. ALDRICH, Speaker. Resolved, That his Excellency the Governor be, and he is hereby, au¬ thorized to select one youth from each Congressional District in this State, sons of officers or soldiers of the army, or of officers or men of the navy of the Confederate States, who, during the existing war, have died in battle, or who have died from disease contracted either by wounds or exposure, or who, not being sons of officers or soldiers, are under the age of twenty years, and have behaved with gallantry on the field of battle, who shall be placed in one or other of the military^institutions of this State, to be edu¬ cated at the charge of a grateful country. Resolved, That this appointment be made in every year; and that two thousand ($2,000,) dollars, if so much be necessary, be appropriated there¬ for, the same to be increased by the same amount in each succeeding year until it shall reach eight thousand ($8,000) dollars; at which sum it shall continue an annual appropriation. The Senate concurred, and returned a message accordingly. The House of Representatives also sent to the Senate the following mes¬ sage : House of Representatives, January 30, 1863. Mr. President, and Gentlemen of the Senate: This House respectfully begs leave to amend the Senate resolution on the petition of Asa George, praying aid in the construction of a revolving can¬ non, by striking out all after the word resolved, and inserting the resolution annexed: That ^he Governor be authorized to have completed the six revolving cannon commenced by Asa George, and to have sheet iron defensive armor applied to the same, and to have constructed a gun of larger calibre on the same principles; and that he shall be authorized to employ the said Asa George to superintend the said work, and to pay him a suitable sum for his services, as well those to be rendered as those already bestowed; and that ten thousand dollars be appropriated for these purposes, to be drawn by the Governor. By order of the House, A. P. ALDRICH, Speaker. 198 JOURNAL OF THE SENATE, The Senate returned a message, refusing to grant leave. The House of Representatives returned to the Senate, with its concur¬ rence, the following papers: The report of the Committee on the College, Education and Religion, On the report of the Commissioners of the Deaf, Dumb and Rlind. The report of the Committee on Finance and Banks, On the petition of T. Harrison Baker, Captain of the Privateer Savannah, to have Bond cancelled ; On the memorial of the Mayor and Aldermen of the City of Columbia, asking an appropriation for the relief of the Transient Poor; On the petition of W. A. Willingham, praying to be refunded a double war tax. The report of the Committee on the Military and Pensions, On Message No. 3 of the Governor. The resolution for sending the papers with the Road Bill on which it is based. The reports of the Committee on Claims and Grievances, On the petition of Wm. Carter, for payment for services as Deputy Mar¬ shal 'in 1860; On account of Samuel Watson, Sheriff of Sumter District, for articles furnished the jail; On the petition of J. J. Belser, praying compensation for a slave ex¬ ecuted ; On the account of the Charleston Mercury, for printing done for the State; Resolution authorizing the Boards of Commissioners for the relief of soldiers' families to pay out certain funds; Report of Joint Committee on communication of J. L. Petigru, Commis¬ sioner of the Code. The House of Representatives sent to the Senate the following papers: The report of the Committee on Offices and Officers, On nominations for Boards of Commissioners and District officers; which was referred to the Committee on Accounts and Vacant Offices. The report of the Delegation from St. Philip's and St. Michael's, On a part of an Ordinance and certain resolutions of the Convention, in reference to the removal of negroes and other property from the City of Charleston, and also of white persons incapable of taking part in the defence of the city; which was referred to the Committee on the Military and Pensions. The report of the Committee on Education, On the report of Henry R. Frost, Treasurer of the Vestry of St. James', Goose Creek, on the Ludlam School Fund; which was referred to the Com¬ mittee on the College, Education and Religion. SATURDAY, JANUARY 31, 1863. 199 The report of the Committee on Commerce and Manufactures, On certain resolutions in relation to the clothing of our soldiers, recom¬ mending the passage of a resolution to effect the end proposed ; which was referred to the Committee on Commerce, Manufactures and the Mechanic Arts. Report of the Committee on Public Printing, On the claim of C. P. Pelham, State Printer, for balance due him; which was referred to the Committee on Public Printing. Resolution for the payment of the officers of the Senate and House of Representatives; which was referred to the Committee on Finance and Banks. Report of the Medical Committee, On the account of Dr. B. C. Norment, for attending prisoners in jail; which was referred to the Committee on the Lunatic Asylum and Medical Accounts. The report of the Committee on Claims, on the following papers, which were referred to the Committee on Claims and Grievances: On the petition of B. F. Crymes, for services rendered as a special con¬ stable ; On the account of the Charleston Mercury, for public printing; On the petition of P. O'Connell, State Constable, praying that he be allowed the sum of twenty dollars, due upon his last annual account against the State; On the petition of John J. Stuckey, praying compensation for services in guarding and carrying to jail negroes condemned to be executed; On the memorial of sundry citizens of Darlington District, praying relief for Susannah Andrews; On the account of the Camden Confederate, for public printing; On the account of the Clarendon Banner, for public printing; The reports of the Committee on Claims, On the account of Dr. M. B. Earle, for medical attendance on a prisoner in jail; On the account of Dr. J. T. Baskin, for a post mortem examination; which were referred to the Committee on the Lunatic Asylum and Medical Accounts. The reports of the Medical Committee, On the account of Dr. R. W. Bates, for a post mortem examination; On the petition of Dr. J. Dickson Bruns, for a post mortem examination; On the petition of Dr. J. Dickson Bruns, for a post mortem examination; which were referred to the Committee on the Lunatic Asylum and Medical Accounts. 200 JOURNAL OF THE SENATE, The report of the Committee on the State House and Grounds, to whom was referred Message No. 10 of his Excellency Governor Pickens; which was referred to the Committee on the New State House. The reports of the Committee of Ways and Means, On the Annual report of the President and Directors of the Bank of the State of South Carolina, and on the special report of the President relative to change bills; On the memorial of Richard Yeadon, Chairman of the Executive Com¬ mittee of the Free Market of Charleston; On the petition of R. T. Mims, to be refunded a sum of money paid to the Tax Collector of Lexington District; On the petition of Thomas Carter, to be freed from a war tax improperly assessed; On the petition of W. Alston Pringle, as representing Julius Izard Prin- gle, to be refunded a double tax; On the report of the Comptroller General; On the petition of J. J. Carter, to be refunded an excess of war tax; On the petition of William 0. Moss, to be refunded a war tax twice paid; On the petition of Matthew Carter, to be refunded a war tax improperly paid; On the petition of J. R. Stalnaker, to be relieved from a war tax im¬ properly assessed; On the petition of William E. White, to be refunded a war tax twice paid; On the petition of B. E. Kiddell, to be refunded a war tax illegally ex¬ acted ; all of which were referred to the Committee on Finance and Banks. The House of Representatives returned to the Senate, An Act to amend an Act entitled An Act to make appropriations in aid of the families of soldiers, and to repeal an Act entitled "An Act to afford aid to the families of soldiers, ratified on the 21st day of December, A. D. 1861;" and it was referred to the Committee on Incorporations and En¬ grossed Acts; A Bill to vest in the Confederate Government a part of the Columbia Canal for a term of twelve years; which had been amended by the House of Representatives, on the second reading; and the amendment Was referred to the Committee on Agriculture and Internal Improvements; and also, A Bill to incorporate, with uniform rights, powers and privileges, Protes¬ tant Episcopal Congregations in South Carolina; which received the third reading; it was passed; title changed; and sent to the House of Repre¬ sentatives ; A Bill to establish and recharter certain roads, bridges and ferries, and for other purposes; which received the third reading; was passed; title changed, and returned to the House of Representatives; SATURDAY, JANUARY 31, 1863. 201 A Bill to prohibit the sale of spirituous liquors in small quantities during the present war; which received the first reading, and was referred to the Committee on the Judiciary. The Committee on Incorporations and Engrossed Acts was discharged from the further consideration of A Bill, from the House of Representatives, to enable the Charleston Savings' Institution to purchase and hold real property; and the Bill was ordered to lie on the table. The same Committe was'also discharged from the further consideration of A Bill to alter and amend the third section of an Act entitled " An Act to charter a Cotton Planters' Loan Association," and it was referred to the Committee on Agriculture and Internal Improvements. Mr. RIIETT presented the petition of James Legare, praying compensa¬ tion for a slave executed; which was referred to the Committee on Claims and Grievances. Mr. HAMMOND presented the petition of Joseph A. Cunningham, for payment for a slave that died in the service of the State, near Charleston; which was referred to the same Committee. Mr. HOPE submitted the report of the Committee on Roads and Build¬ ings, On a resolution, from the House of Representatives, requesting the mili¬ tary authorities to remove from the Charleston Court House, so that it may be used for the Courts. The report was ordered for immediate considera¬ tion, and the resolution was concurred in, and returned to the House of Representatives. The Senate proceeded to the SPECIAL ORDER OF THE DAY FOR 1, P. M. A Bill to prohibit extortion and punish extortioners. On motion of Mr. GARLINGTON, the Special Order was discharged, and the same subject was made the Special Order of the Day for Monday next, at 1, P. M. The Senate proceeded to the GENERAL ORDERS OF THE DAY. On motion of Mr. LESESNE, the report of the Committee on Incor- rations and Engrossed Acts, On a memorial of sundry citizens of Charleston, praying an Act incor¬ porating the "Trading Company of the Confederate States;" and also, " A Bill to charter the Trading Company of the Confederate States," were ordered to lie on the table. 26 202 JOURNAL OF THE SENATE, A Rill to charter the Atlantic Steam Packet Company cf the Confede¬ rate States, was taken up for a second reading; and having been read, on the question of agreeing to the Rill, the yeas and nays were ordered to bo taken, and they are as follows : Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Arthur, Blakency*, Boj kin, Fickling, Garlington, Harrison, Hart, Hope, Ilouser, W. D.Johnson, Kcitt, Lesesnc, Maxwell, J. W. Miller, Murray, Oswald, Rhctt, Ware, Wilson, and Wortham. Those who voted in the negative, are Messrs. Parker, Reaty, W. E. Johnson, Manning, Mazyck, McCaw, McKewn, Moses, Roberds, and Sessions. In the affirmative, 21. In the negative, 10. The Rill was, therefore, agreed to, and sent to the House of Representa¬ tives. The report of the Committee on Finance and Ranks, On a Bill, from the House of Representatives, to provide for a guaranty by the State of the bonds of the Confederate States, was ordered to bo placed in the General Orders of the Day for Monday next, The following amendment, offered by Mr. MAZYCK, being before the Senate at the time the order was made : Provided, That not more than one-fourth of the amount of bonds hereby authorized to be endorsed as aforesaid shall be so endorsed at any time before the first day of May next, nor more than one-half the said amount at any time before the first day of August next, nor more than three-fourths of the said amount at any time before the first day of November next. The report of the Committed on Incorporations and Engrossed Acts, On a Bill to charter the Palmetto Exporting and Importing Company, was indefinitely postponed, on motion of Mr. LESESNE. The following Bills received the second reading, were agreed to, and were ordered to be sent to the House cf Representatives : A Bill to amend an Act entitled an Act to authorize the City Council cf Charleston to issue and put in circulation notes receivable in taxes and dues to the City, ratified on the 21st day of December, A. D. 1861; A Bill to repeal the ninth section of an Act to establish a separate Court of Appeals. A Bill to charter the Palmetto Exporting and Importing Coniptiny, received the second reading, and, on the question of agreeing to the Bill, the yeas and nays were ordered to bo taken, and they are as follows : SATURDAY, JANUARY 31, 1863. 203 Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Arthur, Blakeney, Boykin, G-arlington, Hammond, Harrison, Hart, Hope, Hcuscr, W. D. Johnson, Keitt, Lesesne, Maxwell, J. W. Miller, Murray, Oswald, Rhett, Ware, and Wilson. Those who voted in the negative, are Messrs. Barker, Beaty, Manning, Mazyck, McCaw, McKewn, B. H. Miller, Moses, and Sessions. In. the affirmative, 20. In the negative, 9. The Bill was, therefore, agreed to, and was sent to the House of Repre¬ sentatives. The Report of the Committee on Incorporations, of the House of Repre¬ sentatives, on the said Bill, was also concurred in, and returned to the House of Representatives. The report of the Committee on the Military and Pensions, On so much of Message No. 1 of his Excellency Governor Pickens as refers to the State Works at Greenville C. II., was ordered to be placed in the General Orders of the Day for Monday next. The report of the Committee on the Military and Pensions, On a resolution, from the House of Representatives, on the petition of Asa George, praying aid in the construction of a revolving gun, was agreed to, and the report of the House was ordered to lie on the tabic. The following reports of the Committee on the Military, of the House of Representatives, were concurred in, and returned : On a resolution as to Morse's patent breech loading carbine; On the Annual Report of the Board of Visitors of the State Military Academies; In reference to the purchase of a limited number of copies of Mahan's work on permanent fortifications. The reports of the Committee on the Military and Pensions, On the petition of Francis M. Mellett and J. H. McKnight, praying relief in the matter of the elections held in the Eighth Regiment of Re¬ serves, and On the petition of citizens of Darlington, asking the disbanding of a Militia Beat Company, were agreed to. The report of the Committee on the Military and Pensions, On Message No. 12 of his Excellency Governor Pickens, in relation to the appointment of some one to record the names of those who have fallen in the service of their country; 204 JOURNAL OF THE SENATE, On a resolution in relation to the present war, transmitted by the State of Florida; and The report of the Committee on Finance and Banks, On the memorial of John Townsend and others, members of the Central Association for the relief oi the soldiers of South Carolina, were agreed to, and were ordered to be sent to the House of Representatives for concur¬ rence; the firs.t resolution of the last report having been amended, on motion of Mr. MOSES, by adding to the appropriation of 1200,000 the words u if so much be necessary." The General Orders were suspended. A message was received from the House of Representatives, insisting on asking leave to amend the Senate resolution in relation to Asa George, as requested in a previous message by that House. The message was ordered for consideration on Monday next. The House of Representatives sent to the Senate A Bill to amend an Act entitled " An Act to provide for the payment by the State of the war tax of the Confederate States, and for the collection of the same from the tax payers in this State." The Bill received the first reading, and was referred to the Committee on Finance and Banks, and was ordered to be printed; also, A Bill to provide for the payment by the State of such war tax as may be imposed by the Congress of the Confederate States during the year one thousand eight hundred and sixty-three, and for the collection of the samo from the tax payers in this State. The Bill received the first reading, and was referred to the same Com¬ mittee, and was ordered to be printed. The Senate granted leave to Mr. RHETT to withdraw from the files of the Senate the petition of N. W. Heyward, for payment for three negroes lost in the service of the State. On motion of Mr. BEATY, the Senate adjourned at a quarter-past 3, P. M. MONDAY, FEBRUARY 2, 1863. 205 MONDAY, FEBRUARY 2, 1863. The Senate met at 12, M. Prayer by the Rev. Mr. Pringle. The Clerk read the Journal of the proceedings of Saturday. Mr. HAMMOND, who was absent when the vote was taken, on Saturday, on the passage of a Bill to charter the Atlantic Steam Packet Company of the Confederate States, was permitted by the Senate to record the vote he would have given if he had been present; and upon the Senator's name being called, he voted in the affirmative. Mr. LESESNE offered the following resolution, which was ordered to be made the Special Order for this day, at 1,P. M., with the Bill on the same subject: Resolved, That the practice of extortion, especially in the existing state of the country, is odious and wicked, the offspring of heartless selfishness, and justly places those engaged in it in the class of enemies of the human race. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent to the Senate the following message : House of Representatives, January 31, 1863. Mr. President, and Gentlemen of the Senate: This House respectfully begs leave to amend the Senate's report on the petition of holders of lots on Sullivan's Island, by striking out the resolu¬ tion appended to the report, and in lieu thereof inserting the following resolution: Resolved, That during the continuance of the war between the Confed¬ erate States of America and the United States of America, the lots on Sullivan's Island, Charleston District, be exempted from taxation. By order of the House, A. P. ALDRICH, Speaker. The Senate concurred, and returned a message accordingly. The House of Representatives also sent to the Senate, A Bill to repeal an Ordinance of the Convention, entitled "An Ordinance of the Convention to exempt overseers from the performance of military duty," and an Ordinance entitled " An Ordinance in relation to a portion of the Militia;" which received its first reading, and was referred to the Com¬ mittee' on Military and Pensions; also, 206 JOURNAL OF THE SENATE, An Act to incorporate, with uniform right?, poWcrs, and privileges, Protes¬ tant Episcopal Congregations in South Carolina; and it was committed to the Committee on Incorporations and Engrossed Acts; and also, A Rill, originating in the Senate, to provide for the appointment of Com¬ missioners of the Poor for Darlington District; which was ordered to lie on the table ; and also, A Rill to declare the law in relation to the proceedings of the Executive Council; which received the third reading, was passed, title changed to an Act, and sent to the House of Representatives. On motion of Mr. BLAKENEY, a Rill to provide for the appointment of Commissioners of the Poor for Darlington District, was ordered for a second reading; the Rill was read, the title was amended, by adding "And for Chesterfield District;" it was agreed to, and was stnt to the House of Representatives. The House of Representatives returned, with concurrence, a resolution correcting a clerical error in the report of the Committee on the New State House. Mr. ARTHUR presented the report of the Committee on Claims and Grievances, On the report of the Committee on Claims, of the House, On the account of the Camden Confederate, for public printing; On the account of the Clarendon Ranner, for public printing; On the account of the Clarendon Ranner, for public printing; On the memorial of sundry citizens of Darlington District, praying relief for Susannah Andrews; On the petition of B. F. Crymes, for services rendered as a special con¬ stable ; On the account of the Charleston Mercury, for public printing; On the petition of John J. Stuckcy, praying compensation for services in guarding and carrying to jail negroes condemned to be executed; On the petition of P. O'Connell, State Constable, praying that he be allowed the sum of twenty dollars, due upon his last annual account against the State; and The report of the same Committee, On the report of the Committee on Railroads, of the House, On so much of Message No. 1 of his Excellency the Governor as relates to the communication from the President of the Charleston and Savannah Railroad Company, in relation to the Ashley River Bridge; which was ordered for consideration to-morrow. Mr. ARTHUR also presented the report of the Committee on Claims and Grievances. MONDAY, FEBRUARY 2, 1863. 207 On the following petitions for payment for slaves lost while in the service of the State; which were ordered for consideration to-morrow: Of Joseph A. Cunningham ; Of Zachariah Ellerbe, Sr.; Of Edward Kinsler; Of George C. James. Mr. ARTHUR also presented the report of the Committee on Claims and Grievances, On so much of Message No. 1 of his Excellency the Governor as relates to the communication from the President of the Charleston and Savannah Railroad Company, in relation to the Ashley River Bridge; which was ordered for consideration to-morrow. Mr. MOSES presented the report of the Committee on the Judiciary, On a Bill to exempt from legal penalty, for not making their annual returns, all Guardians, Administrators, Executors, &c., in Confederate service ; The report of the same Committee, On a Bill to alter and amend an Act concerning the office and duties of Ordinaries, passed in the year of our Lord one thousand eight hundred and thirty-nine; which were ordered for consideration to-morrow. Mr. E. G. PALMER presented the report of the Committee on Agricul¬ ture and Internal Improvements, On that portion of the Governor's Message, with accompanying resolu¬ tions of the Legislature of Florida, in relation to the manufacture of salt; and also, The report of the Committee on Commerce and Manufactures, of the House, on the same subject; and al^o, The report of the Committee on Finance and Banks, On a resolution, from the House, in relation to the pay of the officers of the two Houses; which were ordered for consideration to-morrow. Mr. WARE presented the report of the Committee on Incorporations and Engrossed Acts, On the petition of the Right Worthy Southern Grand Lodge of the Independent Order of Odd Fellows, of the State of South Carolina, pray¬ ing an Act of Incorporation; which was ordered for consideration to¬ morrow. Mr. McCAW presented the report of the Committee of the New State House, On the report of the Committee on the New State House and Grounds, of the House, to whom was referred Message No. 10 of his Excellency the Governor. 208 JOURNAL OP THE SENATE, Mr. E. G. PALMER, from the Committee on Agriculture and Internal Improvements, to which had been referred the amendments made by the House of Representatives on the second reading of a Bill to prevent and punish the planting and cultivating in the State over a certain quantity of cotton during the present year, submitted a report, recommending that the Senate do concur in the amendments of the House. The report was ordered for immediate consideration, and was agreed to, and the Bill received the third reading, and it was Resolved, That the Bill do pass-; that the title thereof be changed; that it be called an Act. Ordered, That it be sent to the House of Representatives. The Senate proceeded to the SPECIAL ORDER OF THE DAY FOR 1, P. M. A Bill to prohibit extortion and punish extortioners, and the resolution offered by Mr. Lesesne on the same subject. The Senate proceeded with the second reading of the Bill. Mr. Gr ARLINGTON moved to strike out all after the enacting clause, for the purpose of inserting the following: " That from and after the passing of this Act, any dealer or speculator in clothing or materials of clothing, boots, shoes, leather, brogans, raw hides, meat, grain, flour, fish, coffee, sugar, tea, salt, saltpetre, wool, yarn, iron, castings, nails, and hardware generally, cattle, hogs, and other live stock, poultry, or other necessary of life whatsoever, or any producer for sale of any of the said articles, who shall, during the continuance of the existing war, sell or dispose of any of the said articles at exorbitant or unreasonable rates or prices, or at an exorbitant or unreasonable advance or profit on the cost thereof, or cost of the production thereof, or shall refuse to sell or dispose of the same for cash, either in specie or current funds, at fair or reasonable rates or prices, or at reasonable advances or profits on the cost thereof, or cost of the production thereof, and all other persons who shall sell or dis¬ pose of any of the said articles at exorbitant or unreasonable rates or prices, or at an exorbitant or unreasonable advance or profit on the cost, or cost of the production thereof, shall be deemed and held guilty of an extortion, and on conviction thereof in any of the Courts of General Sessions of this State, shall be fined not more than one thousand dollars, and be imprisoned not more than twelve months ; one-half of-the fine in each case to be for the benefit of the informer, and the other half for the benefit of soldiers' and seamen's families, to be paid over to the Soldiers' Board of Relief for the MONDAY, FEBRUARY 2, 1863. 209 District in which the conviction shall take place; and the informer to he a competent witness; any law, custom or usage to the contrary notwithstand¬ ing : Provided, That no importer of foreign merchandise shall be liable to the penalties of this Act. "Sec. 2. That in all cases arising under this Act, it shall be left to the juries to determine what are exorbitant or unreasonable rates or prices, or exorbitant or unreasonable advances or profits, due regard being had to the circumstances of each case; and it shall be lawful for the Court of Appeals to review the facts as well as the law of all such cases, and to set aside ver¬ dicts and order new trials for want of conformity to either fact or law. "Sec. 3. That no person prosecuted under this Act shall be allowed any right or privilege to traverse or imparlance, or postponement of trial, at the first term of the Court in which he shall be indicted, unless an affidavit of the necessary absence of a material and necessary witness; and no techni¬ cal or formal exception to any process, indictment, or other pleading, shall avail the defendant, but each case shall be tried and adjudged according to the merits, without any regard to form. " Sec. 4. Corporations, by their corporate pames, and corporators of incor¬ porated companies, shall be liable to indictment and punishment for extor¬ tion, under this Act; and when corporatiops are indicted and convicted of extortion, they shall be liable to fine as aforesaid, and tp forfeiture of char¬ ter, at the discretion of the Court." "Mr. MAZYCK moved the following, as an additional section of the Bill: " In carrying into execution the provisions of this Act, due regard shall be had to the depreciation of the currency." On the question of agreeing to this amendment, it was decided in the negative. Mr. MAZYCK offered the following, as an additional section: " In carrying into execution the provisions of. this Act, no regard shall he had to the depreciation of the currency." Mr. MOSES moved that this amendment do lie on the table, which was ordered to be decided by yeas and nays, and they ,are as follows : Those who voted in the affirmative, are Hon. W. D. Porter, President; and Messrs. Appleby, Arthur, Beaty, Blakeney, Bull, Garlington, Hammond, Harrison, Hart, Hope, W. D. John¬ son, Lesesne, Manning, Maxwell, McCaw, McKewn, E. H. Miller, J. W. Miller, Moses, Murray, Oswald, E. Gr. Palmer, Roberds, Sessions, Simkins, Ware, Wilson, and Wortham. Those who voted in the negative, are Messrs. Barker and Mazyck. 210 JOURNAL OF THE SENATE, In the affirmative, 29. In the negative, 2. The amendment was, therefore, ordered to lie on the table. Mr. WILSON moved to strike out, in the third section, the words "and to forfeiture of charter, at the discretion of the Court." This amendment was not agreed to. The following amendment, offered by Mr. MOSES, was agreed to: In section two, strike out the words "as well as the law;" strike cut, at the end of said section, the words "to either fact or law," and insert the word " them " Mr. LESESNE moved that the amendment and the Bill be 'ordered to lie on the table; which was ordered to be decided by yeas and nays, and they are as follows : Those who voted in the affirmative, are Hon. W. D Porter, President; and Messrs. Barker, Boykin, Boyle, Bull, Fickling, Lesesne, Manning, Mazyck, E. G. Palmer, Simkins, and Wilson. Those who voted in the negative, are Messrs. Arthur, Beaty, Blakeney, Garlington, Hammond, Harrison, Hart, Hope, W. D. Johnson, Maxwell, McCaw, McKewn, E. II. Miller, J. W. Miller, Moses, Murray, Oswald, Roberds, Sessions, Ware, and Wortham. In the affirmative, 12. In the negative, 21. The motion, therefore, did not prevail. The amendmentwas then agreed to. The reading having been concluded, on the question of agreeing to the Bill, the yeas and nays were ordered, and are as follows : Those who voted in the affirmative, are Messrs. Appleby, Arthur, Beaty, Blakeney, Garlington, Hammond, Har¬ rison, Hart, Hope, W. D. Johnson, Maxwell, McCaw, McKewn, E. H. Miller, J. W. Miller, Moses, Murray, Oswald, Roberds, Sessions, Ware, and Wortham. Those who voted in the negative, are Hon. W. D. Porter, President; and Messfs. Barker, Boykin, Boyle, Bull, Fickling, Lesesne, Manning, Mazyck, E. G. Palmer, Simkins, and Wilson. In the affirmative, 22. "In the negative, 12. The Bill was, therefore, agreed to, and sent to the House of Representa¬ tives. The following resolution was also agreed to, and was sent to the Hous§ of Representatives for concurrence : MONDAY, FEBRUARY 2, 1863. 211 Resolved, That the practice of extortion, especially in the existing state of the country, is odious and wicked, the offspring of heartless selfishness, and justly places those engaged in it in the class of enemies of the human race. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The following reports were agreed to, and were ordered to he sent to the House of Representatives for concurrence : Report of the Committee on the Military and Pensions, On the petition of David Ramsay, Administrator of Eleanor Ramsay, praying relief from a tax execution on property destroyed by the Confede¬ rate States. Reports of the Committee on Claims and Grievances, On the petition of R. L. Hart, praying compensation for a slave who died of disease contracted in the public service ; On the petition of Wm. B. Means, praying compensation for fodder furnished the army; On the petition of Henry McKce, praying compensation for corn furnished the army. The following were concurred in, and returned to the House of Repre¬ sentatives : Reports of the Committee on Claims, On the petition of William Lindsay, for services rendered ; On the account of P. B. Glass & Co., for stationery furnished the House of Representatives. The report of the Committee on Claims and Grievances, On the petition of N. W. Hey ward, to be paid for negroes lost while in public service, was, on rhotion of Mr. MOSES, ordered to lie on the table. The report of the Committee on Claims and Grievances, On the petition of T. W. Gillison, for three negroes lost in the public service; and The report of the Committee on Claims, of the House of'Representa- tatives, on the petition of Thomas Williams, praying to be paid for property destroyed on Sullivan's Island, by order of the military authorities, were agreed to. A Bill to incorporate certain religious and charitable societies, and to renew and amend the charters of others heretofore granted, received the second reading, was agreed to, and was sent to the House of Representa¬ tives. On motion of Mr. HARRISON, the report of the Committee on tho Military and Pensions, 212 JOURNAL OF THE SENATE, Oq so much of the Message No. 1 of his Excellency Governor Pickens as refers to the State Works at Greenville C. II., was recommitted. The Senate considered the message of the House of Representatives, insisting on asking leave to amend the resolution of the Senate, in relation to Asa George, and returned a message, insisting on refusing to grunt the leave asked. A Bill to provide for a guaranty by the State of the bonds of the Con¬ federate States, received the second reading, was agreed to, and was sent to the House of Representatives. Mr. ARTHUR afterwards moved a reconsideration, and the same was ordered, and the Bill was ordered for a second reading to-morrow. The report of the Committee on the College, Education and Religion, On the report of the Committee on Education, of the House of Repre¬ sentatives, on Message No. 4 of his Excellency Governor Pickens, relative to the South Carolina College, was ordered for consideration to-morrow. The General Orders were disposed of. Mr. MOSES, without notice, by leave of the Senate, introduced a Bill further to declare the law in relation to the proceedings of the Executive Council. The Bill received the first reading, and was referred to the Special Committee on that subject. The following messages were received from the House of Representatives, and were concurred in, and messages returned accordingly: House of Representatives, February 2, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully begs leave of the Senate to amend their resolu¬ tions on so much of the Governor's Message as relates to questions arising in the services of two companies of Mounted Rifles, &c., by striking out, in the 6th line, the words, to wit: "from the 5th day of September, 1862;" and striking out, in 8th line, the word " same," and adding, after the word " time," the words, " he entered on the duties of his office." By order of the House, A. P. ALDRICH, Speaker. House of Representatives, February 2, 1863. Mr. President, and Gentlemen of the Senate : The House respectfully proposes to your body to amend its resolution of adjournment, by striking out " Tuesday, the hd," and inserting " Friday, the 6th day of February." By order of the House, A. P. ALDRICH, Speaker. TUESDAY, FEBRUARY 3, 1863. 213 The House of Representatives sent to the Senate, -for concurrence, A resolution authorizing the Governor to have machines made for the manufacture of cotton cards, and a resolution authorizing the Governor to purchase and import cotton and wool cards, and to distribute the same which were referred to the Committee on Commerce, Manufactures and the Mechanic Arts. On motion of Mr. MAZYCK, the Senate adjourned at half-past 3, P. M. TUESDAY} FEBRUARY 3, 1863. The Senate met at 12, M. Prayer by the Rev. Mr. Mood. The Clerk read the Journal of the proceedings of yesterday. A Message was received from his Excellency the Governor, whereupon, on motion of Mr. MOSES, the Senate went into secret Session. The Senate granted leave to Mr. LESESNE to withdraw from the files of the Senate the petition of Mary Schultz, Administratrix of John C. Schultz, to be refunded an excess of Confederate war tax paid by her. Mr. RHETT asked leave to record the vote he would have given, if he had been present, upon the passage of a Bill to prevent extortion and to punish extortioners. Leave being granted by the Senate, the Clerk called the name of the Senator, and he voted in the negative. PAPERS FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives returned to the Senate, with its concur¬ rence, The report of the Committee on the New State House, to whom was re¬ ferred Message No. 10 of his Excellency the Governor; also, Resolution providing for educating certain youths in the Military Acad¬ emies; also, The report of the Committee On Finance and Banks, Ou the petition of holders of lots on Sullivan's Island, praying exemption from taxation during the war. The House of Representatives sent to the Senate The report of tho CominitLee on tho Military, 214 JOURNAL OF THE SENATE, On a resolution in relation to machinery and tools at Greenville ; and On Message No. 4 of his Excellency the Governor and accompanying papers; also, The report of the Committee of Ways and Means, On the military accounts and contingent fund; which were referred to the Committee on the Military and Pensions. The report of the Committee on Claims, On a resolution of inquiry in relation to the payment for slaves lost in the service of the State ; On the petition of Asa Chilson, for himself and company, praying the fulfillment of a contract; On the account of 11. A. McKnight, for public printing; On the petition of Thomas S. Minton, praying compensation for provis¬ ions furnished Quartermaster and Surgeon of the 4th Regiment, S. C. Y.; which were referred to the Committee on Claims and Grievances. The House of Representatives sent to the Senate, A Bill to raise supplies for the year commencing in October, one thou¬ sand eight hundred and sixty-two; which received the first reading, and was referred to the Committee on Finance and Banks; A Bill to charter the Atlantic Steam Packet Company of the Confederate States; A Bill to provide for the appointment of Commissioners of the Poor for Darlington District and for Chesterfield District; A Bill to charter the Palmetto Exporting and importing Company; A Bill to incorporate certain Religious and Charitable Societies, and to renew and amend the charters of others heretofore granted; which received the third reading, and it was Resolved, That the Bills do pass; that the titles thereof be changed; that they be called Acts. Ordered, That they be returned to the House of Representatives. The House of Representatives returned to the Senate An Act to prevent and punish the planting and cultivating, in this State, over a certain quantity of cotton during the present year; which was re¬ ferred to the Committee on Incorporations and Engrossed Acts. The House of Representatives sent to the Senate A Bill to confer the rights of legitimacy on Mary E. Daniel, which re¬ ceived the first reading, and was referred to the Committee on the Judiciary. On motion of Mr. E. G. PALMER, Message No. 3 of his Excellency the Governor, with the accompanying documents, were ordered to be printed. TUESDAY, FEBRUARY 3, 1863. 215 Tlie UftStoaifctee on Accounts and Vacant Offices was discharged from the further ponsideration Of the petition of citizens of York District, praying the appointment of a Magistrate; and Of a resolution for the appointment of an additional Magistrate in Edge¬ field District; and they were ordered to lie on the table. > The House of Representatives sent to the Senate certain resolutions in relation to the exploits of the gunboats "Palmetto State" and "Chicora." A message was sent to the House of Representatives, asking leave to amend the resolutions: On motion of Mr. GrARLINGTON, by striking out, in the second reso¬ lution, the words, "and destruction of the sloop of war Mercideta and other vessels;" and On motion of Mr. LESESNE, to amend the third resolution, by insert¬ ing, after "Lieutenant-Colonel Yates," the name of "Major J. Welsman Brown." REPORTS OF COMMITTEES. Mr. E. G. PALMER submitted the following reports of the Committee on Finance and Banks: On a message, from the House of Representatives, asking leave to amend the report of the Committee on Finance and Ranks, on the petition of James Gilliam; On a Bill, from the House of Representatives, to amend an Act entitled an Act to provide for the payment by the State of the War Tax of the Confederate States, and for the collection of the same from the tax payers in this State; On a Bill, from the House of Representatives, to provide for the pay¬ ment by the State of such war tax as may be imposed by the Congress of $ie Confederate States during the year 1863, and for the collection of the same from the tax payers in this State; On a message, from the House of Representatives, asking leave to amend the report of the Committee on Finance ajid Banks, on the petition of Elizabeth Hinson; On a Bill, from the House of Representatives, to authorize the issue of stock for the purpose of continuing the construction of the New State House; On the report of the Committee on Colored Population, On the report of the Central Secretary to the Commissioners for the re¬ moval of negroes from the Districts of Beaufort, Colleton, Georgetown and Charleston. 2113 JOURNAL OF THE SENATE, Mr. WARE submitted the report of tbe Committee on Incorporations and Engrossed Acts, On a Bill, from tbe House of Representatives, to incorporate the Edisto and Ashley Canal Company; which were ordered for consideration to¬ morrow. The following reports of the Committee on the Lunhtic Asylum and Medical Accounts, were submitted: By Mr. BARKER: On the report of the Committee on the Lunatic Asylum, of the House of Representatives, on the report of the Regents of the Lunatic Asylum. By Mr. McKEWN: On the report of the Medical Committee, of the House of Representa¬ tives, on the account of Dr. J. T. Baskins, for a post mortem examination; and also, On the report of the Medical Committee, of the House of Representa¬ tives, on the account of Dr. J. Caughman, for a post mortem examination. By Mr. HART: On the report of the Medical Committee, of the House of Representa¬ tives, on tbe account of Dr. R. W. Bates, for a post mortem examination; and also, On the report of the Medical Committee, of the House of Representa¬ tives, on the account of Dr. J. Dickson Bruns; and also, On the report of the Medical Committee, of the House of Representa¬ tives, on the account of Dr. J. Dickson Bruns; and also, On the report of the Committee on Claims, of the House of Representa¬ tives, on the account of Dr. M. B. Earle. Mr MOSES submitted the following reports of the Special Committee, On so much of Message No. 2 as relates to the Executive Council and its documents, &c.; and The report of the same Committee, On a Bill further to declare the law in relation to the proceedings of the Executive Council; which were placed in the General Orders of this day. Mr. MOSES presented the" report of the Committee on the Judiciary, On a Bill to prohibit the sale of spirituous liquors in small quantities during the present war. Mr. MAZYCK presented the report of the Committee on Finance and Banks, On a Bill to authorize the banks of the State to issue small bills. Mr. ARTHUR presented the report of the Committee on Claims and Grievances, TUESDAY, FEBRUARY 3, 1863. 217 On the petition of Micajah Harris, praying compensation for a slave who died in the service of the State. Mr. HARRISON presented the report of the Committee on the Military and Pensions, | On so much of Message No. 1 of his Excellency the Giovernor as relates to the enforcement of the Act authorizing and empowering certain regi¬ ments to elect their field officers, and the report of the Adjutant and Inspector General on the same subject. Mr. FICKLING presented the report of the Committee on Privileges and Elections, On a Bill to enable the citizens of the State, who are engaged in military service, to exercise the rights of suffrage. Mr. MA.ZYCK presented the report of the Committee on Finance and Banks, On the report of the Committee of Ways and Means, On the petition of J. R. Stalnaker, to be relieved from a war tax improperly paid; and On the petition of Matthew Carter, to be refunded a war tax. Mr. HARRISON presented the report of the Committee on Public Printing, on the report of the Committee on Public Printing, of the House, On the claim of C. P. Pelham, for balance due him. Mr. MAZYCK presented the report of the Committee on Finance and Banks, On the report of the Committee of Ways and Means, of the House, on the petition of William 0. Moss, to be refunded a war tax twice paid; all of which were ordered for consideration to-morrow. Mr. WARE submitted the report of the Committee on Accounts and Vacant Offices, On the report of the Committee on Vacant Offices, of the House of Representatives, on nominations for Boards of Commissioners and District offices; which was ordered to lie on the table for the inspection of Sena¬ tors; pursuant to the recommendation of the Committee, a message was ordered to be sent to the House of Representatives, asking leave to amend the report as follows : For Spartanburg District: Strike out John Byars, and insert, in lieu thereof, G. W. Bonner. The Senate granted leave of absence to Mr. McKewn for the remainder of the session, after this day. The Senate proceeded to the 28 218 JOURNAL OF THE SENATE, GENERAL ORDERS OF TnE DAY. On motion of Mr. RHETT, the Senate took up, out of its order, the following report: The Committee on the College, Education and Religion, to whom was referred the report of the Committee of the House, on the Message of his Excellency the Governor, No. 4, and the accompanying documents, and the resolutions of the House thereupon, have had the same under consideration, and ask leave respectfully to report: That your Committee see no reason for recommending to the Senate a change in the views expressed in the report heretofore submitted, and adopted as the judgment of the Senate. Rut the resolutions of the House contain some suggestions which your Committee consider an improvement on the Senate resolutions, and they therefore recommend for the considera¬ tion of the Senate the following resolutions : Resolved, That leave be asked of the House to substitute for the report of the House Committee the report of the Senate Committee, heretofore transmitted to the House. Resolved, That the Trustees of the College be advised to permit the College Buildings to remain in possession of the Confederate authorities for the purpose of a military hospital, until such time as the Trustees may see fit to recall the privilege, on the following conditions, to wit: That said authorities return said buildings to the Executive Committee of the Col¬ lege, on the termination of the lease, in as good condition as they received them, and more especially in those particulars that relate to the hygiene of the Institution, and, in the meantime, that the exercises of the College be suspended. Resolved, That the organization of the College, as regards the corps of professors and officers, to be preserved entire, and that they be allowed to occupy their present residences, and that appropriations be made for the payment of the salaries heretofore allowed. The report was considered, and agreed to, and a message was sent to the House of Representatives, asking leave to amend the report of the House pursuant to the recommendation of the Committee. The following were agreed to, and were ordered to be sent to the House, of Representatives for concurrence : Reports of the Committee on Claims and Grievances, on the following petitions: Of Joseph A. Cunningham; Of Zachariah Ellerbe, Sr.; TUESDAY, FEBRUARY 3, 1863. 219 Of Edward Kinsler; Of George C. James. The following reports were concurred in, and were returned to the House of Representatives: The report of the House Committee, on the New State House and Grounds; A resolution, from the House, in relation to the pay of the officers of both Houses; The report of the Committee of the House, on Commerce and Manu¬ factures, On that portion of the Governor's Message, with accompanying resolutions of the Legislature of Florid;), in relation to the manufacture of salt. The report of the Committee on Railroads, of the House, On so much of Message No. 1 of' his Excellency the Governor, as relates to the communication from the President of the Charleston and Savannah Railroad Company, in relation to the Ashley River Bridge. The reports of the Committee on Claims, of the House of Represen¬ tatives, On the account of the Clarendon Banner, for public printing; On the memorial of sundry citizens of Darlington District, praying relief for Susannah Andrews; On the petition of B. F. Crymcs, praying compensation for services ren¬ dered as a special constable ; On the account of the Charleston Mercury, for public printing; On the petition of John J. Stuckey, praying compensation for services in guarding aud carrying to jail negroes condemned to be executed; On the account of the Clarendon Banner, for public printing; On the account of the Camden Confederate, for public printing; On the petition of P. O'Connell, Constable, praying to be allowed twenty dollars, due upon his last annual account against the State. The Committee on Claims and Grievances was discharged from the fur¬ ther consideration of the report of the Committee on Claims, pf the House of Representatives, On so much of Message No. 1 of his Excellency the Governor, as relates to the communication from the President of the Charleston and Savannah Railroad Company, in relation to the Ashley River Bridge. The report of the Committee on the Judiciary, On a Bill, from the House of Representatives, to exempt from legal pen¬ alty for not making their annual returns, all Guardians, Administrators, Executors, &c , in Confederate service; aud The report of the same Committee, 220 JOURNAL OF THE SENATE, On a Bill to alter and amend an Act concerning the office and duties of Ordinaries, passed in the year of our Lord one thousand eight hundred and thirty-nine, were agreed to; and, pursuant to the recommendation of the Committee, the Bills were ordered to lie on the table. The report of the Committee on Incorporations and Engrossed Acts, On the petition of the Right Worthy Southern Grand Lodge of the In¬ dependent Order of Odd Fellows, of the State of South Carolina, praying an Act of incorporation, was also ordered to lie on the table. The Bill to provide for a guaranty by the State of the bonds of the Con¬ federate States; and A Bill further to declare the law in relation to the proceedings of the Executive Council, received the second reading, were agreed to, and the latter was sent, and the former was returned, to the House of Representa¬ tives. The following report was considered, and agreed to, and sent to House of Representatives for concurrence: The Special Committee on so much of the Message No. 2 of his Excel¬ lency Governor Pickens as relates to the Executive Council, and its docu¬ ments, telegrams, &c., ask leave to report, That they have considered the same, and recommend the adoption of the following resolutions: Resolved, That all the books, papers and telegrams connected with the departments of the two Executive Councils known under the name of the Treasury, be deposited in the office of the Auditor. Resolved, That all the books, papers and telegrams connected with the departments of said Councils known as the Military, and Construction and Manufacture, be deposited in the office of the Adjutant General; and that the books, papers and telegrams connected with all the other departments thereof, be deposited in the office of the Secretary of State. Mr. MOSES moved that the Senate do now adjourn, which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Messrs. Harrison, Maxwell, Mazyck, MeCaw, and Moses. Those who voted in the negative, are Hon. W. D. Porter, President; and Messrs. Barker, Beaty, Boykin, Boyle, Fickling, Hammond, Hart, Hope, Houser, W. D. Johnson, Keitt, McKewn, E. H. Miller, J. W. Miller, Murray, Oswald, Roberds, Sessions, and Wortham. In the affirmative, 5. In the negative, 20. TUESDAY, FEBRUARY 3, 1863. 221 The Senate, therefore, refused to adjourn. At a quarter-past 3, P. M., the Senate, on motion of Mr. W. D. JOHN¬ SON, suspended business until half-past 7, P. M. RECESS. At half-past seven o'clock, P. M., the PRESIDENT resumed the Chair, and the Senate proceeded with business. The House of Representatives sent to the Senate A Bill to make appropriations for the year commencing in October, one thousand eight hundred and sixty-two; which received the first reading, and was referred to the Committee on Finance and Banks. The Senate then resolved itself into secret session, and so remained until 10, P. M., when the session terminated, and the regular session was re¬ sumed. The following message was received from the House of Representatives: House of Representatives, February 3, 1863. Mr. President, and Gentlemen of the Senate: The House respectfully concurs in the amendments of the Senate to the resolutions of the House in regard to the exploits of the gunboats Palmetto State and Chicora, by striking out, in the second resolution, "and destruc¬ tion of the sloop-of-war Mercideta and other vessels; also, in third resolu¬ tion, to amend, by inserting, after "Lieutenant Colonel Yates," the name of " Major J. Welsman Brown." By order of the House, A. P. ALDRICH, Speaker. The resolutions were amended pursuant to leave, and were concurred in, and returned. The House of Representatives also sent to the Senate the following mes¬ sage: House of Representatives, February 3, 18G3. Mr. President, and Gentlemen of the Senate: The House respectfully asks for a Committee of Conference in the matter of granting aid to Asa George in constructing revolving cannons, and do appoint Messrs. W. F. Hutsou, W. H. Evans and J. T. Lowry, as the Com¬ mittee on the part of the House. By order of the House, A. P. ALDRICH, Spcalccr. 222 JOURNAL OF THE SENATE, The Senate returned a message, insisting on refusing leave, and assenting to the appointment of a Committee of Conference. Messrs. GTarlington, Harrison and Ware were appointed the Committee, and a message was returned acccordingly. On motion of Mr. SIMKINS, the Senate adjourned at 11 o'clock, P. M. WEDNESDAY, FEBRUARY 4, 1863. The Senate met at 12, M. Prayer by the Rev. Dr. Palmer. The Clerk read the Journal of the proceedings of yesterday. PAPERS FROM THE HOUSE OF REPRESENTATIVES. Tbe House of Representatives returned to the Senate, with its concur¬ rence, The report of the Committee on the Military and Pensions, On so much of the Governor's Message as relates to questions arising jn the service of the two companies of Mounted Rifles, and the accompanying r port of the Adjutant and Inspector General on the same subject. The House of Representatives returned to the Senate, Resolutions in relation to the adjournment of the General Assembly on Tuesday, February 3d, at 5, P. M., which resolution the Senate had granted leave to the House to amend, by striking out Tuesday, the 3d, and inserting Friday, the 6th. The PRESIDENT called the attention of the Senate to the fact that the hour, as well as the day of adjournment, had also been stricken out by the House, probably by mistake; whereupon, Mr. MOSES moved that.a message be sent to the House of Representa¬ tives, communicating the forego.ng facts, and the same was ordered. The House of Representatives also returned to the Senate, A message, granting leave to amend the recommitted report of the Com¬ mittee on education, of the House of Representatives, On so much of Message No. 4 of the Governor as refers to the South Carolina College; as heretofore recorded, the report was amended, pursuant to the leave granted, and was concurred in, and returned. WEDNESDAY, FEBRUARY 4, 1868. 223 Mr. Q-ARLINGTON presented the report of the Committee on the Mili¬ tary and Pensions, On so much of the Message of his Excellency the Governor as relates to reports of military officers, the State Armory, and the Saltpetre Plantation ; also, On the report of the Committee on the Military, of the House of Repre¬ sentatives, on the same subject; which were placed in the General Orders of to-day. Mr. McALILEY presented the report of the Committee on Finance and Banks, On a Bill to make appropriations for the year commencing in October, one thousand eight hundred and sixty-two; which was placed in the Gen¬ eral Orders of to-day, and was ordered to be printed. Mr. E. G. PALMER presented the report of the same Committee, On Message No. 3 of his Excellency the Governor, with accompanying statements of James Tupper, Auditor, asking leave to be discharged; which was ordered for consideration to-morrow. Mr. MOSES presented the report of the Committee on the Judiciary, On a Bill to confer the rights of legitimacy on Mary E. Daniel; and On the reports of the Solicitors on District officers and their offices; which was placed in the General Orders of to-day. Mr. E. G. PALMER presented the report of the Committee on Agricul¬ ture and Internal Improvements, On a Bill, from the House of Representatives, to alter and amend the third section of an Act entitled An Act to charter a Cotton Planters' Loan Association; which was placed in the General Orders of to-day. Mr. MOSES presented the report of the Special Committee, On so much of Message No. 2 of his Excellency Governor Pickens as relates to the Executive Council, in reference to acting with said Council since the meeting of the General Assembly; which was agreed to, and ordered to be sent to the House of Representatives, and to be printed. Mr. WILSON presented the report of the Committee on Commerce, Manufactures and the Mechanic Arts, On a Bill to afford indemnity to manufacturers of salt, and to prevent extortion in its sale; which was ordered for consideration to-morrow. Mr. McALILEY submitted the following reports of the Committee on Finance and Banks, recommending concurrence in the following reports of the Committee of Ways and Means, of the House of Representatives: On the report of the Comptroller General; On the petition of J. J. Carter, to be refunded an excess of war tax; On the memorial of Richard Yeadon, Chairman of the Executive Com¬ mittee of the Free Market of Charleston; 224 JOURNAL OF THE SENATE, On the petition of William L. Meggett, to be refunded a war tax illegally exacted; On the petition of Thomas Carter, to be freed from a war tax improperly assessed; On the petition of R. T. Mims, to be refunded a sum of money paid to the tax collector of Lexington District; On the petition of W. Alston Pringle, as representing Julius Izard Pringle, to be refunded a double tax; On the petition of William E. White, to be refunded a war tax twice paid; On the petition of James II. Marshburn, to be relieved from an improper war tax assessment; On the Annual Report of the President and Directors of the Bank of the State of South Carolina. The reports having been ordered for immediate consideration, the reports of the House were concurred in, and returned. Mr. MAZYCK submitted the report of the Committee on Finance and Banks, . On a Bill to raise supplies for the year commencing in October, one thou¬ sand eight hundred and sixty-two; which was made the Special Order for this day, at half-past 7, P. M., and the report was ordered to be printed. Mr. WILSON submitted the reports of the Committee on Commerce, Manufactures and the Mechanic Arts, on the following resolutions, from the House of Representatives, viz : A resolution authorizing the Governor to purchase or import cotton and wool cards, and to distribute the same; and A resolution authorizing the Governor to have machines made for the manufacture of cotton cards. The reports having been ordered for immediate consideration, the resolu¬ tions were concurred in, and returned to the House. Mr. ARTHUR submitted the following reports of the Committee on Claims and Grievances, viz: On the report of the Committee of the Whole House, On a resolution of inquiry in relation to losses sustained by the owners suspended business until 5, P. M. RECESS. At 5, P. M., the PRESIDENT took the Chair, and the Senate resumed business. Mr. ARTHUR offered a resolution for the appointment of Com¬ missioners of Free Schools for Richland District; which was agreed to, and was ordered to be sent to the House of Representatives for concurrence. The House of Representatives sent to the Senate a similar resolu¬ tion; which was concurred in, and returned to.the House of Repre¬ sentatives. Mr. WARE submitted the report of the Committee on Incorpora¬ tions and Engrossed Acts, on A Bill to amend an Act entitled "An Act to incorporate the Edisto and Ashley Canal Company/' which was Ordered for consideration to-morrow. Mr. MOSES offered the following resolution: Resolved, That a Bill to prohibit, for a stated period, the exporta¬ tion of provisions, be reconsidered. The resolution was agreed to, and the Bill was ordered for a second reading to-morrow. The House of Representatives sent to the Senate the report of the. Committee of Ways and Means, on a resolution in relation to double tax executions against soldiers absent on military duty; which was ordered for consideration to-morrow. Mr. MAZYCK submitted the report of the Committee on Con¬ federate Relations, on so much of the Governor's Message as refers to a correspondence ■vfjth Col. J. S. Preston, Commandant of Conscripts, WEDNESDAY, APRIL 8, 1883. 289 relating to exemptions; which was ordered for consideration to¬ morrow. The House of Representatives returned, with its concurrence, the resolution for the adjournment of the General Assembly on Friday, the 10th inst., at 5, P. M. The Senate granted leave qf absence to the Senator from Prince William's, on and after this evening, in consequence of ill health. On motion of Mr. MOSES, it was ordered that when the Senate ad¬ journs, it shall stand adjourned to meet to-inorrow, at 11 o'clock, A. M. The House of Representatives sent to the Senate A resolution extending the time for distributing the Acts and Re- t ports and Resolutions of the Legislature, to the first of June next; which was referred to the Committee on Printing. Mr. WILSON presented the report of the Committee on Commerce, Manufactures and the Mechanic Arts, on so much of the Governor's Message as relates to the purchase and monopoly of the prime articles of necessity; and .a Bill, from the House of Representatives, to regulate and limit the price of the prime necessaries of life in South Carolina; which was ordered for consideration to-morrow. The House of Representatives sent to the Senate A Bill to amend an Act entitled*" An Act to amend an Act to or¬ ganize and supply negro labor for coast defence, in compliance with the requisitions of the Government of the Confederate States, so as to authorize and direct the Governor to proceed to furnish negro labor under said Act." The Bill received the first reading, and was referred to the Committee on Military and Pensions. The House of Representatives returned to the Senate A Bill to amend an Act entitled "An Act to prbvent and punish the planting and cultivating in this .State over a certain quantity of cot¬ ton during the present year." The Bill, having been amended by the House of Representatives, on the second reading, the amendments were referred to the Com7 mittee of the Whole. Mr. GARLINGTON, Senator from Newberry, was called to the Chair. . Mr. GARLINGTON submitted the following report: The Committee of the Whole, to whom were referred certain amendments of the House to a Bill to amend an Act entitled "An Act to prevent and punish the planting and cultivating in this State over a certain quantity of cotton during the present year," ask leave to report: 37 200 JOURNAL OF THE SENATE, That the}* hare considered the same, and recommend that the Senate do concur in the following amendments, to wit: In the twenty- eighth line of the first section of the Bill, strike out the word "exclu¬ sively;" in the fourth line of the third section, insert the word "or" between the words "observation " and "information;" in the fourth line of the fourth section, strike out the word "exclusively;" at the end of the seventh line of the fourth section, add the words "omitted to be returned to the Tax Collector;" and that the Senate do not con¬ cur in the amendment striking out the word "exclusively" in the second proviso to the first section of the Bill, and that they do not concur in the amendment adding the words, "under the same pen¬ alty," at the end of the fourth section. The report having been ordered for immediate consideration,. the Senate proceeded with the third reading of the Bill, sustaining, the recommendations of the Committee. On the question of agreeing to the Bill, the yeas and nays were or¬ dered to be taken, and they are as follows: Those who voted in the affirmative, are Hon. W>D. Porter, President; Messrs. Arthur, Beaty, Blakeney, Boykin, Garlington, Hammond, Houser, W. D. Johnson. Keitt, Max¬ well, McAliley, McCaw, J. W. Miller, Moses, Oswald, E. G. Palmer? and Sessions. Those who voted in the negative, are Messrs. Barker, Boyle, Ellis, Fickling, Furman, Hope, Lesesne, Mazyck, E. H. Miller, Murray, S. W. Palmer, Eoberds, Simlcins, Ware, and Wilson. In the affiimative, 18. In the negative, 15. The Bill was, therefore, passed; the title changed to "An Act," and it was sent to the House of Representatives. The House of Representatives sent to the Senate A Bill to authorize the Governor to seize and dispose of provisions or articles of food in certain cases. The Bill received the first reading, and was referred to the Com¬ mittee on the Judiciary. On motion of Mr. GARLINGTON, the Senate adjourned at fifteen minutes to 8, P. M. THURSDAY, APJtlL 9, 1868. 291 THURSDAY, APRIL 9, 1863. The Senate met at 11, A. M., pursuant to adjournment. Prayer by the Rev. Mr. Breaker. The Clerk read the journal o£ the proceedings of yesterday. Mr. HAMMOND offered a resolution for appointing a Commissioner of Public Buildings for Lancaster District; which was agreed to, and sent to the House of Representatives for concurrence. Mr. McALILEY offered the following resolution, which was con¬ sidered, and agreed to: Resolved, That the rule for the continuation of business from one session to another, is intended to apply to the regular sessions pf the Legislature. On motion of Mr. BOYKIN, business was suspended from fifteen minutes to 12, M., to half-past 12, P.. M.; at which hour the session again commenced. The following dispatch was communicated to the Senate by his Excellency the Governor: Charleston, April 9, 1863. To Gov. M. L. Bonhajvi : Statements, by Maj. Harris and Col. Graham, seem to leave no doubt of the sinking of the "Keokuk" between nine" and ten yester¬ day morning. Np movements this morning. The enemy appear to be concentrating in North Edisto and Stono Rivers. Possibly some days will elapse before another attack. WILMOT G. DeSAUSSURE, A. D. C. Mr. GARLINGTON submitted the report of the Committee o* the Military and Pensions, on A Bill, from the House of Representatives, to amend an Act en¬ titled "An Act to amend an Act to organize and supply negro labor for coast defence, in compliance with requisitions - of the Govern¬ ment of the Confederate States," and to authorize and direct the Governor to proceed to furnish negro labor under said Act, recom¬ mending an amendment thereto, and to change the title of the Bill, by striking out all after the words "Confederate States and," and "insert, in lieu thereof, " and for other purposes." 292 JOURNAL OF THE SENATE, This report was made the Special Order for half-past 12, P. M., with the Special Order for this hour. The Senate then proceeded to the SPECIAL ORDER. A Bill to amend an Act entitled " An Act to organise and supply- negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States," and an Act entitled "An Act tp amend an Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States, and to, authorize and direct the Governor to furnish negro labor under said Act." On motion of Mr. GARLINGTON, the Bill was ordered to lie on the table, and the report offered by him, on the House Bill, wa^ considered. The Bill from the House of Representatives then received the second reading; it was amended, pursuant to the.recommendation of the Committee. On the question of agreeing to the Bill, the yeas and nays were ordered; and they are as follows: Those who voted in the affirmative, are Hon. W. D. Porter, President; Messrs. Barker, Blakeney, Boykin, Eickling, Furman, Garlington, Hammond, Hart, Houser, W. D. John¬ son, Keitt, Lesesne, Maxwell, Moses, Murray, Oswald, E. G. Palmer, and S. W. Palmer. Those who voted in the negative, are Messrs. Arthur, Beaty, Hope, Mazyck, McAliley, McCaw, J. W. Miller, Roberds, Sessions, Simkins, Ware, and Wilson. In the affirmative, 19. In the negative, 12. The Bill was, therefore, agreed to, and was ordered to be sent to the-House of Representatives. • Mr. E. G. PALMER gave notice, that at the third reading he will offer the following amendment; which was read from the Chair: " That in the event of a sufficient amount of labor not being fur¬ nished for coast defence, that the Governor be authorized to make an arrangement with the Bank of the State, for an advance of twenty thousand' dollars, to be applied by'him for the hire of labor for that purpose." Mr. ARTHUR presented the account of Theo, Stark, Keeper of the State House, for contingent expenses of the present session; which was referred to the Committee on Claims and Grievances. THURSDAY, APRIL 9, 1863. 293 Leave of absence, after two o'clock this day, was granted to the Senator from Williamsburg. PAPERS-FROM THE HOUSE OF REPRESENTATIVES. The House of Representatives sent.'to the Senate, for concurrence, the following resolutions, which were disposed of as follows: Resolutions for the pay of Officers and Members of the General Assembly.' A message was sent to the House asking leave to amend, by striking out of the allowance for the Clerks of the Solicitors, the following: "A pay bill for the same per diem as is by law allowed to a member of the General Assembly," to insert "forty dollars." Resolutions authorizing the Commissions for removing non-com¬ batants from Charleston to sell surplus provisions to the Free Market at Cost; which was referred to the Delegation in the Senate from St. Philip's and St. Michael's. Report of the Committee of Ways and Means, of the House of Rep¬ resentatives, on the report of the Comptroller General on the reso¬ lution of inquiry in relation to the amount of taxes paid by the banks of the Lower Division; which was referred to the Committee on Finance and Banks. Also the following, which were concurred in, and returned todhe House of Representatives: A resolution for the appointment of Escheator for Richland District. A resolution for the appointment of Proxies to represent the Stock of the State in the Spartanburg and Union Railroad. A resolution calling upon our Senators and Members of Congress to use their influence in re-establishing mints at Charlotte, N. C., and Dahlonega, Georgia. A resolution appointing a Magistrate for Barnwell District. REPORTS OF COMMITTEES. Mr. MOSES submitted the report of the Committee on the Judi¬ ciary, on A Bill to authorize the Governor to seize and dispose of provisions or articles of food in certain cases; And Mr. E. G. PALMER submitted the report of the Committee on Agriculture and Internal Improvements, on A Bill, from the House of Representatives, to suppress the distilla¬ tion of spirituous liquors in this State; which were placed in the General Orders of this day. 294 JOURNAL OF THE SENATE, Mr. ARTHUR submitted the report of the Committee on Claims and Grievances, on the account of the Keeper of the State House, for contingent expenses; which was agreed to, and was sent to the House of Representatives for concurrence. The House of Representatives sent to the Senate A Bill to amend an Act entitled "An Act to incorporate the Edisto and Ashley Canal Company;" which received the hrst reading, and was referred to the Committee on Incorporations and Engrossed Acts. The House of Representatives returned to the Senate A Bill to punish purchasing under assumed authority; and A Bill to repeal an Act entitled "An Act to provide for the pay¬ ment by the State of such war tax as may be imposed by the Con¬ gress of the Confederate States during the year 1863, and for the col¬ lection of the same from the tax-payers in this State." The Bills received the third reading, and were passed, the titles changed to A cts, and they were sent to the House of Representatives. Mr. W. D. JOHNSON presented the account of the Clerk of the Senate, for stationery at this session; which was referred to the Com¬ mittee on Claims and Grievances. The Senate proceeded to the GENERAL ORDERS OF THE DAY. The Report of the Committee on Confederate Relations, on the Governor's Message, transmitting resolutions from the State of Texas, was agreed to, and sent to the House of Representatives for concur¬ rence. Mr. GARLINGTON moved that the report of the Committee on the Judiciary, on resolutions in relation to Treasury Notes, and the necessity for legislation in relation thereto, be ordered to lie on the table, and that the resolutions be taken up for consideration. Mr. MAZYCK moved that the report and' resolutions be ordered to lie on the table; which was decided by yeas and nays, and they are as follows.: Those who voted in the affirmative, are Messrs. Arthur, Barker, Blakeney, Boykin, Hart, W. D. Johnson, Lesesne, Mazyck, McAliley, Moses, Robercfs, and Wilson. Those, who voted in the negative, are Hon. W. D. Porter, President; Messrs. Beaty, Boyle, Fickling, Fur- man, Garlington, Hammond, Hope, Houser, Keitt, Maxwell, McCaw, J. TIIURSpAY, APRIL 9, 18G3. 295 W. Miller, Murray, Oswald, E. G. Palmer, S. W. Palmer, Sessions, Sim- kins, and Ware. In the affirmative, 12. In the negative, 20. The motion, therefore, did not prevail, and the report was ordered to lie on the table; and the resolutions were taken up for consideration, and the two first resolutions were adopted. While the third resolution was under Consideration, Mr, MAZYCK moved to strike out, in the second and third lines, the following words: "by re¬ fusing the same in the payment of debts, or by any other means," The Senate, on motion of Mr. McALILEY, at 10 minutes before 3, sus¬ pended business until 5, P. M. RECESS. At 5, P. M., the PRESIDENT took the Chair, and the Sefiate resumed business. The House of Representatives returned to the Senate, An Act to amend an Act entitled "An Act to prevent and punish the planting and cultivating, in this State, over a certain quantity of cotton during the present year," and it was referred to the Committee on Incor¬ porations and Engrossed Acts. On motion of Mr. WARE, the report of the Committee on Incorpora¬ tions and Engrossed Acts, on A Bill to amend an. Act entitled "An Act to incorporate "the Edisto and Ashley Canal Company," was ordered to lie on the table. The report of the Committee on Confederate Relations, on so much of the Governor's Message'as relates to a correspondence with Col. John S. Pres¬ ton, Commandant of Conscripts, was agreed to, and the Committee was discharged from the further consideration of the subject. The report of the Committee of Ways and Means, of the House of Rep¬ resentatives, on a resolution in relation to tax executions against soldiers absent on military duty, was concurred in, and returned to the House of Representatives. On motion of Mr. MOSES, the Bill to prohibit, for a stated period, the exportation of provisions, w&s ordered to lie on the table. Mr. HAMMOND moved that the report of the Committee on Commerce, Manufactures and the Mechanic Arts, on so much of the Governor's Mes¬ sage as relates to the purchase and monopoly of the prime articles of neces¬ sity; and a Bill, from the House of Representatives, to regulate and limit the price of the prime necessaries of life in South Carolina, do lie on the table, and that the Bill be taken up for a second reading; and the motion - was not agreed to. 296 JOURNAL OF THE SENATE, Mr. HOPE moved to reconsider this vote, which was ordered to he de¬ cided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Hon. W. D. Porter, President; Messrs. Arthur, Garlington, Ham¬ mond, Hope, Houser, W. D. Johnson, Maxwell, McCaw, J. W. Miller, Moses, Oswald, Sessions, and Ware. Those who voted in the negative, are Messrs. Barker, Beaty, Blakeney, .Boykin, Boyle, Fickling, Furman, Hart, Keitt, Lesesne, Mazyck, McAliley, Murray, E. G. Palmer, S. W. Palmer, Roberds, Simkins, and Wilson. In the affirmative, 14. In the negative, 18. The motion, therefore, did not prevail. The report was then agreed to, and the Bill was rejected. Mr. SIMKINS submitted the following report, which wap considered, and agreed to, and a message was sent to the House of Representatives, asking leave to amend the Report accordingly: The Committee on Printing, to whom was referred a resolution extending the time allowed for the printing of Acts and Resolutions, beg leave to report: That they have considered the same, and recommend that a message be sent to the House, asking leave of that body to amend the resolution by striking out all after the word Resolved, and inserting the following: That, in the opinion of the Legislature, the condition as to time, annexed to the appropriation made by the last Act, for the printing and depositing in the proper office, of the Acts, Resolutions and Journals of the last Ses¬ sion, be not enforced, provided they are printed and deposited by the first day of June next, and that the printer publish in his paper all the public Acts passed at said Session and the present. Resolved, That the Acts, Resolutions and Journals, of this extra Session, be printed and bound with the Acts and Resolutions of the last Session. A Bill, from the House of Representatives, to suppress the distillation of spirituous liquors, received the second reading, was agreed to, and was ordered to be returned to the House of Representatives. The Senate proceeded to consider the report of the Committee on the Judiciary, on A Bill, from the House of Representatives, to authorize the Governor to seize and dispose of provisions or articles of food in certain cases. The Committee recommend that all after the enacting clause be stricken out, for the purpose of inserting a substitute for the entire Bill; and that the title THURSDAY, APRIL 9, 1863. 297 be amended so as to read, "A Bill to enforce any proclamation of the Gov¬ ernor prohibiting the exportation of provisions." Mr. MAZYCK moved to amend the amendment, by striking out all therein after the first section; which motion was lost. The amendment was agreed to, and on the question of agreeing to the Bill, the yeas and nays were ordered to be taken, and they are as follows: Those who voted in the affirmative, are Messrs. Blakeney,.Boykin, Garlington, Hammond, Houser, W. D. John¬ son, Keitt, Lesesne, Maxwell, McCaw, J. W. Miller, Moses, Murray, Os¬ wald, Roberds, Sessions, and Ware. Those who voted in the nega^iye, are Hon. W. D. Porter, President; Messrs. Beaty, Boyle, Fickling, Pur- man, Hart, Hope, Lawton, Mazyck, McAliley, E. G. Palmer, S. W. Palmer, Simkins, and Wilson. In the affirmative, 17. In the negative, 14. The Bill was, therefore, agreed to, and was sent to the HouSe of Repre¬ sentatives, the title having been amended, pursuant to the recommendation of the Committee. The following message was received from the House of Representatives: House of Representatives, April 9,1863. Mr. President, and Gentlemen of the Senate: This House grants leave to amend the resolution of this body, relative to pay of Officers and Members of the General Assembly, so as to allow the Clerks of the Solicitors each the sum of forty dollars. By order of the House, A. P. ALDRICH, Speahw- The resolution was amended, pursuant to the leave granted, and was con¬ curred in, and returned. A message was also received .from the House of Representatives^ grant¬ ing leave to amend the resolution in relation to the printing and distribution of the Acts and Reports of tlie Legislature, as requested by the Senate, and the resolution was amended accordingly, and concurred in, and returned. The House of Representatives returned, with its concurrence, the report of the Committee on Claims and Grievances, on the account of the Keeper of the State House, for incidental expenses; and A resolution for appointing a Commissioner of Public Buildings for Lancaster District. 38 208 JOURNAL OF TIIE SENATE, The report of the Committee of "Ways and Means, of the House of Rep¬ resentatives, on the report of the Comptroller General on a resolution of inquiry in relation to the amount of taxes paid by the banks of the Lower Division, was concurred in, and returned. Mr. LESESNE submitted the following report: The Delegation from St. Philip's and St. Michael s, to whom was referred a resolution, from the House of Representatives, in relation to the sale by the Commission for removing non-combatants from Charleston, to the Free Market of Charleston, of surplus provisions in their hands, ask leave to report: 1 That they have considered the same, and recommend that a message be sent to the House, asking leave to amend the said resolution, so that the same shall read as follows: Resolved, That the Commission for the removal of non-combatants from Charleston be, and are hereby, authorized and requested, in their discretion, to sell any#surplus or perishable provisions in their hands to the Free Market of Charleston, at a reasonable rate. The report was agreed to, apd a message was sent accordingly. Mr. G ARLINGTON offered a resolution for suspending the thirty-second rule of the Senate for this session, which was ordered for consideration to¬ morrow. Mr. GARLINGTON also offered the following resolutions, which were considered, and agreed to: Resolved, unanimously, That the gallant defence made by our officers and men, in Charleston Harbor, against the first onset of the foe, entitle them to the thanks of the whole country, and, under the blessings of a kind Presence, is hailed as the harbinger of a still more glorious victory. Resolved, That a copy of these resolutions be sent to the General Com¬ manding this Department. Mr. W ARE 'submitted the report of the Committee on Incorporations and Engrossed Acts, on A Bill,'from the House of Representatives", ta amend an Act to incorpo¬ rate the Edisto apd Ashley Canal Gompany; which- was ordered for consideration to-morrow- Mr. WILSON submitted the report of the Committee on Commerce, Manufactures and the Mechanic Arts, on A Bill to regulate and punish monopolizing and speculating in the arti¬ cles of prime necessity, and for other purposes; and On motion of Mr. HOPE, it was ordered to lie on the table. FRIDAY, APRIL 10, 1863. 299 Mr. OSWALD submitted the report of the Committee on Claims and Grievances, on the account of the Clerk of the Senate, for stationery at the present session, and it was agreed to, and sent to the House of Representa¬ tives for concurrence. On motion of Mr. McALILEY, it was ordered that when the Senate adjourns, it shall stand adjourned to meet to-morrow, at 10 o'cloek, A. M. j and the Senate adjourned at 20 minutes to 8, P. M. FRIDAY, APRIL 104 1863. The Senate met at 10, A.- M., pursuant to adjournment. Prayer by the Rev. Dr. Palmer. The' Clerk read the journal of the proceedings of yesterday. The following resolution was considered, and agreed to: Resolved, That the thirty-second rule of the Senate be suspended during the present Session of the General Assembly. The report of the Committee on Incorporations and Engrossed Act£, on A Bill, from the House of Representatives, to amend an Act entitled "An Act to incorporate the Edisto and Ashley Canal Company," was, on motion of Mr. WARE, ordered to lie on the table. The Senate proceeded to the consideration of ■ the third resolution of the* following series: Resolved, 1. That the success of the Confederate States of America, in the war now waged against their rights and liberties, and the establishment of their independence on a sure and permanent foundation, are intimately connected with the measures that may be adopted to sustain their credit. Resolved, 2. That, in the opinion of this General Assembly, the ability of the Confederate Government to redeem, ultimately, all its debts and obliga¬ tions, depends solely upon the solution of the question of the Independence of these States, which can now no longer be regarded a doubtful issue, if the people remain true to themselves, and steadfastly adhere to the great principles for the maintenance of which they have pledged themselves, their lives, their fortunes, and their sacred honor. 300 JOURNAL OF THE SENATE, Resolved, 3. That any attempt to depreciate the currency of the Con¬ federate States hy refusing the same in payment for debts, or by any other means, while it exhibits a want of patriotism and fidelity to the cause in which we are engaged, has a direct tendency to imperil the liberties and independence of these States, and should be discountenanced by all good and true citizens. Resolved, 4. That it is the duty of the States of fhgr Confederacy, acting in their own sovereign sphere, to adopt all constitu^nal measures which will have the effect to sustain the credit of the Confederate Government, and to provide against the depreciation of its currency. Resolved, 5. That it be referred to the Committee on the Judiciary to in¬ quire and report as to the constitutionality and expediency of an Act to authorize and compel all public officers of this State, charged with the re¬ ceipt of moneys, either for the State or individuals, to receive the Treasury , Notes of the Confederate States when tendered; and, also, to compel credi¬ tors to receive said notes in payment of debts, when tendered, on the pen¬ alty for refusing, of being debarred from collecting the interest which may thereafter accrue on such debt, and, also, from bringing suit in any of the Courts of this State for the collection of the same, within two years after a . ratification of peace between the Confederate States and the United States. The Senate resumed the consideration of the amendment to the third resolution, offered by Mr. MAZYCK, and pending at the hour of adjourn¬ ment. On the question of agreeing to the amendment, the yeas* and nays were ordered, and they are as follows: Those who voted in the affirmative, are Hon. W. 1). Pouter, President; Messrs. Arthur, Barker, Boykin, Fick- ling, Furman, Hope, W. D. Johnson, Lawton, Lesesne, Mazyck, Moses, Murray, Oswald, and Wilson. Those who voted in the negative, are Messrs. Beaty, Boyle, Garlington, Hammond, Houser, W. R. Johnson, Keitt, Maxwell, McAliley, McCaw, J. W. Miller, E. G. Palmer, Sessions, Simkins, and Ware. In the affirmative, 15. In the negative, 15. The amendment, therefore, was not agreed to. Mr. FICKLING moved that the third resolution do lie on the table, which was ordered to be decided by yeas and nays, and they are as follows: Those who voted in the affirmative, are Messrs. Arthur, Barker, Boykin, Fickling, Furman, Hope, W. D. John¬ son, Lawton, Lesesne, Mazyck, Moses, Murray, Oswald, and Wilson. FRIDAY, APRIL 10, 1863. 301 Those who voted in the negative, are Hon. W. D. Porter, President; Messrs. Beaty, Boyle, G-arlington, Hammond, Houser, W. R. Johnson, Keitt, Maxwell, McAliley, McCaw, J. W. Miller, E. G. Palmer, Sessions, Simkins, and Ware. In the affirmative, 14. In the negative, 16. The motion, therefore, did not prevail. The PRESIDENT assigned as a reason for his vote, that while he was opposed to the resolution, he was unwilling to sustain this motion, as a Senator had manifested a desire further to discuss it. • On the question of agreeing to the third resolution, the yeas and nays were Ordered, and they are as follows: Those who voted in the affirmative, are Messrs. Beaty, Boyle, Garlington, Hammond, Houser, W. R. Johnson, Keitt, Maxwell, McAliley, McCaw, J. W. Miller, E. Gr. Palmer, Sessions, Simkins, and Ware. Those who voted in the negative, are Hon. W. D. Porter, President; Messrs. Arthur, Barker, Boy kin, Fickling, Purman, Hope, W. D. Johnson, Lawton, Lesesne, Mazyck, Moses, Murray, Oswald, and Wilson. In the affirmative, 15. In the negative, 15. The motion was, therefore, not agreed to. The Senate granted leave to Mr. G1 ARLINGTON to withdraw the fourth resolution. Mr. Gr ARLINGTON successively moved that "the first and second resolu¬ tions be reconsidered, and ordered to lie on the table, and the motion pre¬ vailed. On motion of Mr. McALILEY, the third resolution was then recon¬ sidered, and ordered to lie on the table. The House of Representatives sent to the Senate A Bill to suppress the distillation of spirituous liquors; which received the third reading, was passed, title changed to an Act, and returned to the House pf Representatives. The House of Representatives sent to the Senate A Bill to amend an Act entitled an Act to amend an Act entitled "An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States/' and to authorize and direct the Governor to proceed to furnish negro labor under said Act. The House of Representatives, at the third reading, had restored the text of the Bill, which had been stricken out by the Senate, on the second 302 JOURNAL OP TUB SENATE, reading, and a substitute adopted therefor. The Senate now flont a mes¬ sage asking leave to restore the amendment of the Senate. Mr. GARLINGTON offered the following resolution, which was con¬ sidered, and agreed to, and was sent to the House of Representatives for concurrence: Resolved, That no case now standing in the Dockets of the Courts of Common Pleas, the Circuit Courts of Equity, or the Appeal Court, or which may be placed there during the year eighteen hundred and sixty-three, except such cases as do not fall within the provisions of the Act to extend relief to debtors, and to prevent the sacrifice of property at public sales, will be pressed or forced to trial, unless with the consent in writing of the defendant or defendants, or his or their attorney. On motion of Mr. HAMMOND, the Seuate, at 12, M., suspended busi¬ ness until half-past 1, P. M. RECESS. At half-past 1, P. M., the PRESIDENT resumed the Chair, and the Senate proceeded with business. The House of Representatives sent to the Senate The report of the Committee on Confederate Relations,, on the subject of a correspondence between the Governor and Col. J. S. Preston, Com¬ mandant of Conscripts; which was referred fo the Committee on Confed¬ erate Relations. The following message was received from the House of Representatives: House op Representatives, April 10, 1863. Mr. President, and Gentlemen of the Senate: This House grants leave to amend the resolution in relation to the Free Market of Charleston, so that the same shall read as follows: Resolved, That the Commission for the removal of non-combatants from Charleston be, and are hereby, authorized and requested, in their discretion, to sell any surplus or perishable provisions in their hands to the Free Market of Charleston, at a reasonable rate. By order of the Hottse, A. P. ALDRICH, Speaker^ The resolution was amended, pursuant to leave granted, and was concurred in, and returned. The following message was received from the House of Representatives: FRIDAY, APRIL 10, 18G3. 303 House op Representatives, April 10,1863. Mr. President, and Gentlemen of the Senate: This House respectfully refuses to grant leave to restore to a Bill to amend an Act entitled an Act to amend an Act entitled "An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States," and to authorize and direct the Governor to proceed to furnish negro labor under said Act, the amend¬ ment inserted by your body on the second reading, marked "A," as a.sub¬ stitute for the text of the original Bill, and ivhich was stricken out by the House on "the third reading. By order of the House, A. P. ALDRICH, Speaker. The Senate returned a message insisting on asking leave. Messrs. Gar- lington, E. G. Palmer, and J. W. Miller were appointed a Committee of Conference, and a message was sent to the House of Representatives, ask¬ ing the appointment of a' similar Committee. The House of Representatives returned, with its concurrence, The report of the Committee on Claims and Grievances, on the account of the Clerk of the Senate, for stationery. The House of Representatives sent to the Senate The report of the Committee on Claims, of the House of Representatives, on the account of the Clerk of the House of Representatives, for station¬ ery; which was concurred in, and returned. The House of Representatives returned to the Senate the following Acts, and they were referred to the Committee on Incorporations and Engrossed Acts, viz: Au Act to repeal an Act entitled "An Act to provide for the payment by the State of such war tax as may be imposed by the Congress of the Con¬ federate States during the year 1863, and for the collection of the same from the tax-payers in this State;" and An Act to punish purchasing under assumed anthority. At half-past 2, P. M., on motion of Mr. E. G. PALMER, the Senate suspended business until 4, P. M., at which hour business was resumed. The House.of Representatives returned, with its concurrence, resolutions in relation to the defence of the harbor of Charleston. Mr. MAZYCK submitted the report of the Committee on Confederate Relations, on the report of the -same Committee of the House of Represen¬ tatives, on so much of the Message of his Excellency the Governor as re¬ fers to a correspondence with Cql- J- S- Preston, Commandant of Conscripts. 304 JOURNAL OF THE SENATE, The report of the Senate Committee recommends that the report and resolutions of the House of Representatives do lie on the table. The resolution was agreed to, and the report and resolutions of the House of Representatives were ordered to lie on the table. The following message was received from the House of Representatives: House oe Representatives, April 10, 1863. Mr. President,,and Gentlemen of the Senate: This House respectfully asks leave to rescind so much of the resolution for adjournment as relates to the hour. By order of the House, A. P. ALDRICH, Speaker. The message was ordered to lie on the table, and the Senate, on motion of Mr. WARE, sent a message proposing 8, P. M., as the hour of adjournment. The following message was received from the House of Representatives: House of Representatives, April 10, 1863. Mr. President, and Gentlemen of the Senate: This House consents to a Committee of Conference on the Bill to amend. an Act entitled an Act to amend an Act entitled " An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States/' and to authorize and direct the Governor to,proceed to furnish negro labor under said Act, and has ap¬ pointed Messrs. Duryea, J. S. Bradley, and Evans, a Committee on the part of this House. • v By order of the House, A. P. ALDRICH, Speaker. The House of Representatives sent to the Senate A Bill to enforce any proclamation of the Governor prohibiting the ex¬ portation of provisions. The Bill received the third reading, and it was agreed to, the title was changed to an Act, and it was returned to the House of Representatives. The following message was received from the House of Representatives : House of Representatives, Ap^il 10,1863. Mr. President, and Gentlemen of the Senate: This House concurs in your proposition to amend the resolution for the adjournment of this General Assembly, by striking out "five o'clock," and inserting " eight o'clock." By order of the House, A. P. ALDRICH, Speaker. FRIDAY, APRIL 10, 1863. 305 Mr. GARLINGTON submitted the following report: The Committee of Conference, on the matters of difference between the two Houses in relation to a Bill to amend an Act entitled an Act to amend an Act entitled "An Act to organize and supply negro labor for coast de¬ fence, in compliance with requisitions of the Government of the Confederate States," and to authorize and direct the Governor to proceed to furnish negro labor under said Act, ask leave to report: That they have considered the matters referred, and recommend that the House grant leave to restore the amendment adopted by the Senate, and stricken out by the House, with the following amendment, to wit: That the following words in the sixth section of said amendment be stricken out, viz: after the word "so," in the seventh line, the words "that the fine for de¬ fault in sending slaves according to the provisions of this Act, and of an Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States, shall be five dollars per diem, for each slave, for the, time said slave may be liable to be furnished, afid." Respectfully submitted, A. C. GARLINGTON, Chairman of Senate Committee. R. S. DURYEA, Chairman of House Committee. The report was agreed to by the Senate. The following message was received from the House of Representatives: House of Representatives, April 10, 1863. Mr. President, and Gentlemen of the Senate : This House has agreed to the report of the Committee of Conference, on a Bill to amend an Act entitled "An Act to amend an Act entitled an Act to organize and supply negro labor for coast defence, in compliance with re¬ quisitions of the Government of the Confederate States, and to authorize and direct the Governor to proceed to furnish negro labor under said Act," and grant leave to amend as therein indicated; also to amend the title of the Bill, as proposed by the Senate. By order of the House, A. P. ALDRICH, Speaker. The Bill was then amended, pursuant to the leave granted, the third reading was concluded, the Bill was passed, the title changed to "An Act," and it was returned to the House of Representatives. 39 306 JOURNAL OF THE SENATE, Mr. WARE, from the CJommittee on Incorporations and Engrossed Acts, reported that the Acts which had been passed at the present Session of the General Assembly had been duly engrossed, and were now ready for ratifi¬ cation. On motion of Mr. WARE, a message was sent to the House of Repre¬ sentatives, inviting that body to attend in the Senate Chamber, for the ratification of the Acts, forthwith. The following message was received from the House of Representatives, and a message of concurrence was returned: House of Representatives, April 10, 1863. Mr. President, and Gdhtlemen of the Seriate : ' This House respectfully asks leave to farther rescind the joint resolution of adjournment, by striking out the words " eight o'clock, P. M." By order of the House, A. P. ALDRICH, Speaker. The following message was received from the House of Representatives : House of Representatives, April 10, 1863. Mr. President) and Gentlemen of the Senate: This House accepts the invitation of your body, to attend in the Senate Chamber, forthwith, for the purpose of ratifying the Acts passed at this Session. By order of the House, A. P. ALDRICH, Speaker. Thereupon the Speaker and Members of the House of Representatives, attended by the officers, appeared in the Senate Chamber,.and the following Acts were duly ratified, in the presence of the members of both branches of the General Assembly: acts originating in the senate. 1. An Act to amend an Act entitled "An Act to prevent and punish the planting and cultivating in this State over a certain quantity of cotton during the present year." 2. An Act to punish purchasing under assumed authority. 3. An Act to repeal an Act entitled "An Act to provide for the pay¬ ment by the State of such war tax as may be imposed by the Congress of the Confederate States during the year one thousand eight hundred and sixty-three, and for the collection of the same from the tax-payers in this State." ' , FRIDAY, APRIL 10, 1863. 307 ACTS ORIGINATING IN THE HOUSE OP REPRESENTATIVES. 1.- An Act to suppress the distillation of Spirituous Liquors.in this State. • 2. An Act to enforce any Proclamation of the Governor prohibiting the exportation of Provisions. 3. An Act to amend an Act entitled " An Act to amend an Act entitled ' An Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States/ " and for other purposes. On motion of Mr. McALILEY, a message was sent to the House of Representatives, delivered orally by the Clerk, informing the House of Representatives that the Senate had disposed of the business before it, and was now ready to adjourn the present Session, sine die. A similar message, delivered in a similar manner, was immediately thereafter received from ' the House of Representatives, and On motion of Mr. McALILEY, the PRESIDENT, at 12 minutes past 8, P. M., declared the Senate adjourned, sine die. INDEX TO THE JOURNAL OF THE SENATE, AT THE SESSION'S OE 1863, '63. INDEX. A.. Paqk Adjutant and Inspector General, A. C. Garlington elected 82 Assistant, resolution relative to 98 Adjournments of the General Assembly, messages relative to 178, 212 Aldrich, Hon. A. P., elected Speaker of House of Representatives 88 Agricultural Society of Pendleton, resolutions of. ; 89, 105 All Saints, election, protest in relation to 7, 44, 243, 253 Appeal Court, Hon. T. J. Withers elected 105 Arrests, military, petition in relation to "97 Assembly, General, Sessions of, Constitutional, Adjourned, and Called 3,145, 267 Assessor of St. Philip's and St. Michael's, James S. Johnson elected* 82 B. Bank bills, sale of, resolution relative to 84, 87 of Charleston, petition for amendment of charter 41 of the State of South Carolina: Annual report of the President and Directors 46 Annual private report " " " 81 Nomination of President and Directors 92 Election of * " " " 137 Examining Committees..... 157 Barnes, Hon. Dixon, resolutions relative to 125 Beauregard, General, resolutions relative to 132 Bonham, Milledge L., elected Governor of South Carolina 128 Brunson, James V., jailor, petition for increase of fees 44 Ruckner, Perry E., petition to relieve from a tax execution 79 withdrawn 117 Rurden, Kinsey, and others, petition withdrawn 155 312 INDEX TO THE SENATE JOUKNAL. BILLS ORIGINATING IN THE SENATE—NOT PASSED. Paob A Bill to alter and amend certain sections of the road law 45, 70 A Bill to authorize the banks to issue small bills 45 A Bill to authorize the Charleston Savings' Institution to purchase and hold real property 45 A Bill to proyide a District police of military cadets 59, 62, 76, 249 A Bill !*) afford indemnity to the manufacturers of salt, and to pre¬ vent extortion in its sale 63, 239 A Bill to afford relief to the families of soldiers in the military ser¬ vice 66 A Bill fco provide for the appointment of Commissioners of the Poor for Darlington District 86, 104, 206 A Bill to punish persons or corporations for sale or purchase of bills of any of the local banks of any State in the Confederacy at a premftim ; 113 A Bill to authorize the banks to issue small bills 89 A Bill to vest the Columbia Canal in the City of Columbia for the term of years therein mentioned 93, 98 A Bill to vacate the Commissions of Militia Officers 123, 155 A Bill to authorize and empower the First Corps of Keserves to elect their field officers 129 A Bill for the appointment of Commissioners of the Poor for Lan¬ caster District 159, 163 A Bill to charter The Trading Company of the Confederate States 165, 201 A Bill to suspend the 9th section of an act entitled " An Act to establish a separate Court of Appeals." 173 A Bill to prohibit the sale of spirituous liquors ii> small quantities during the present war 238 A Bill to prevent and punish monopolizing and speculating in the articles of prime necessity, and for other purposes 276, 298 A Bill to prohibit for a stated period the exportation of provisions.. 276 A Bill to repeal an Act entitled, " An Act to prohibit extortion and punish extortioners" 278, 287 A Bill to amend an act entitled, "An Act to incorporate the Edisto ahd Ashley Canal Company." 282, 299 A Bill to prohibit for a stated period the exportation of provisions, • • 283, 295 A Bill referring to negro labor on the coast 292 BILLS ORIGINATING IN THE HOUSE OE REPRESENTATIVES—NOT PASSED Pag A Bill to authorize and empower the First .Corps of Reserves to elect their field officers., '. < 11( A Bill to prevent the sacrifice of property at public sales in certain cases 117, 171 A Bill to amend, suspend, and repeal certain portions of the Mi¬ litia laws of this State 125 A Bill to alter and amend an Act entitled, "An Act concerning the office and duties of Ordinary, passed in the year 1839 183, 221 A Bill to exempt from legal penalty, for not making their annual returns, all guardians, administrators, executors, &c., in Con¬ federate service 183, 21! A Bill to alter and amend the 3d section of an Act entitled "An Act to charter a Cotton Planters' Loan Association 190, 238, 25' A Bill to enable the Charleston Savings' Institution to purchase and hold real property 20 A Bill to repeal an ordinance of the Convention entitled "An Ordi¬ nance of the Convention to exempt overseers from the perform¬ ance of military duty," and an Ordinance entitled "An Ordi¬ nance in relation to a portion of tte militia." ...205, 23 A Bill to repeal" the 6th section of an Act entitled, "An Act to authorize and empower certain regiments to elect their field officers 23 A Bill to provide for the election of members of the House of Repre-, sentatives in the Congress of the Confederate States of America, 25 A Bill to regulate in future the sales of goods, wares, and merchan¬ dise by public auction 281, 28 A Bill to regulate and limit the price of the prime necessaries of life in South Carolina 284, 29 A Bill to amend an act entitled, "An Act to incorporate the Edisto and Ashley Canal Company 294, 29 o. Carter, Wm., account for services as Deputy Marshal 41, 10! Central Association, petition for relief of soldiers Clerk of the Senate, communication from 9! account for stationery.... 30! House, account for stationery 30! Columbia Canal, petition in relation to lease of. 40, 4i Comptroller General, report on contingent accounts, Lower Division... 8i 40 314 INDEX TO THE SENATE JOURNAL. I'ACiE Commissioners of the City of Charleston, report of. 72 in Equity for certain Districts, elected 82 Committees, Standing, announced 38 Special 47, 54, 85, 109, 110, 114, 115, 127 D Darlington, petition for disbanding a military company f 155 (See pardoning power.) . Deaf, Dumb, and Blind, Commissioners of, report 14 Dingle, W. B., Sheriff of Charleston, petition in relation to jail fees... 89 DISCHARGED COMMITTEES. ACCOUNTS AND' VACANT OFFICES. * A . From petition of citizens of York District for the appointment of a magistrate 215 a resolution for appointment of an additional magistrate for Edgefield 215 CLAIMS AND GRIEVANCES. From report of the Committee oh Claims of the House of Repre* sentatives, on the Governor's Message relative to the Charleston and Savannah Railroad 219 CONFEDERATE RELATIONS. In relation to conscripts: 295 FINANCE AND BANKS. From Message No. 3 of the Governor, and statement of James Tupper, Auditor .* 237 JUDICIARY. From Presentment of the Grand Jury of Darlington District, Fall Term, 1862.: 83 the petition of W.'B. Dingle, Sheriff of Charleston, praying an increase for jail maintenance 169 the petition of sundry citizens of Edgefield, praying that the jurisdiction of the Court of Ordinary be extended in certain respects....'. 1 169 a resolution of public meeting of Darlington'C. H., memo¬ rializing for a restriction on the pardoning power 169 INDEX TO. THE SENATE JOURNAL. 315 Page Erom the petition of sundry citizens of Edgefield District, praying legislation against the grievance of slaves stc-aling arti¬ cles of prime necessity :. 169 the petition of Jas. M. Richardson ; 248 LUNATIC ASYLUM AND MEDICAL ACCOUNTS. From a resolution relative to closing a street by the Regents of the Asylum 178 MILITARY AND PENSIONS. From the Governor's Message No. 4, in relation to river obstruc¬ tions . 239 petition of Field Officers of 4th Regiment of Reserves 249 preamble and resolution in relation to the eight regiments of Reserves 249 a Bill to provide a District guard of Military Cadets ,.. 249 the\State Works at Greenville 249 the subject of Boykin's and Rodgers'companies.... 249 the petition of the Committee on the Military of the House of Representatives, on petition of citizens of Marion 261 SPECIAL COMMITTEE ON RELIEF TO SOLDIERS' FAMILIES. From the petition of citizens of Barnwell... 87 E. Edgefield, citizens of, petition relative to distillation % 125 Election of Senators from All Saints', protest against 7 Episcopal Church, Bishops of, petition relative to incorporation of churches v 98 Ervin, W. F., elected Surveyor General......... 56 Escheated property, petitions in relation to, Rose Ann McElheran 58 Evans & Cogswell, aceount for printing tlje Code 46, 83 Executive Council, resolutions relative to — 60 E. FREE SCHOOL RETURNS. For Newberry... 38 Lexington 38 Marlboro' 38 St. Bartholomew's 38 S16 INDEX TO THE SENATE JOURNAL. Page Froiit St. James', Santee ^ Richland 40 Edgefield 40 All Saints' 4^ Christ Church 40 St. Matthew's 40 Spartanburg 40 St. Peter's 40 York 40 Sumter 40 St. Thomas' and St. Dennis' 45 Union 45 Abbeville 45 Chesterfield 52 Pickens 52 Chester 53 Marion. - 54 St. Philip's and St. Michael's :.i 54 St. James', Goose Creek 57 Clarendon . 57 Kingston 57 Kershaw 57 Greenville 57 Anderson . 68 Darlington 68 St, Stephen's ' 72 Laurens... 72 Prince W illiam's 72 Prince George, Winyah 86 St. John's, Berkeley 86 St. George's, Dorchester 95 Fairfield ( HI Williamsburg ; 119 Barnwell 150 Lancaster 150 Fair, Simeon, elected Solicitor 56 Flags captured from the enemy • 85 INDEX TO THE SENATE JOURNAL. 317 a. Pagb Governor, of the State, Messages 10, 60, 63, 64, 65, 72, 73, 77, 104,109, 112, 114 Milledge L. Bonham elected 128 inaugurated 139 h^essage No. 1 « 148 2 ! 165 3..~ : 187 4 192 Extra Session, No. 1 276 2 284 Proclamation.. 267 George, Asa, petition in relation to a cannon : 63 Garlington, A. C., elected Adjutant and Inspector General 82 Gregg, General Maxcy, proceedings relative to. 130, 132 H. Hayne, Hon. Arthur, resolutions relative to 95 Hampton, General Wade, resolutions relative to 274 I. INCORPORATIONS, PETITIONS POR, AND AMENDMENT OP CHARTER. Odd Bellows Bank of Charleston 41 Charleston Savings' Institution 41 Swedish Iron Company 51 Carolina Cotton and Wool Pactory 51 Por charter of a railroad «. 51 For a trading company 159 Palmetto Importing and Exporting Company 164 J. John's Island, petition relative to taxes 40 Johnson, James S., elected Assessor of St. Philip's and St. Michael's, 82 318 INDEX TO TELE SENATE JOURNAL. L. Pmb Lamar, Col. T. G., resolutions relative to 118, 128 Legare, James, petition for payment for a slave executed 261 Lieutenant Governor, P. C. J. Weston elected 125 inaugurated 139 Loan and Building Association, petition 56 Ludlam School Fund, report on 89 Lunatic Asylum, report of Regents of., 43 M. Marlboro', citizens of, petition in relation to arbitrary arrests. 97 Marshall, Hon. J. Foster, resolutions in relation to death of. 7 Marine School, report appropriating $7,000 for 113 of Charleston, petition for aid 41 Means, Isaac H., his account withdrawn 69' W. B., account for fodder furnished the army 188 Medical Accounts, presented: Dr. N. II. Johnston 41 (See Post Mortem,.') Mercury, Charleston, account for public printing, 89 McKee, Henry, account for corn furnished the army 188 Military Academy, State, report of Visitors of. 68 cx O'Neall, Chief Justice, petition relative to salary of late Clerk Appeal Court .'. .. 41 Ogier, Dr. J. L., surgeon^ communcation from 68 Order, point of, ruled by Senate, relative to quorum, &c 146 Ordinances of the Convention, legislation relative to 95 Ordinary, Courts of, petition for extension of jurisdiction 98 J?. Pardoning power, abuse of, petition in relation to, from Darlington.... 80 Patterson, Giles J., petition in relation to the office of Commissioner in Equity., 56, 93 Pocotaligo, battle of, resolution in relation to 118, 128 Powder Works of Confederate States.—(See Columbia Canal.) President of the Senate, Hon. W. D. Porter re-elected.. 4 his address • 5 .INDEX TO THE SENATE JOURNAL. 311) Page Printer, State, C. P. Pelham elected 83 Senate, R. W. Gibbes elected 69 Privateer Jefferson Davis, petition of stockholders 44, 54 Purse, W. W., account for work in the Senate Chamber : . 68 POST MORTEM EXAMINATIONS, AND MEDICAL ACCOUNTS FOR. Dr. N. H. Johnston 41 R. W. Rates...: 49, 107, 109 T. J. Goodwyn 51 W. C. Freeman 81 D. J. McRae 104 Drs. Powell & Templeton 119 Poor, Commissioners of, for Georgetown 49 for Charleston 54, 83 Transient, for Columbia, petition relative to 68 ]R. RESOLUTIONS INTRODUCED INTO THE SENATE. By Mr. Lesesne, for opening services with prayer 7 Mr. Thomson, in respect to the memory ©f Hon. J. Foster Mar¬ shall 7 Mr. Garlington, referring Message No. 1 of the Governor 41 Mr. Moses, for raising a Committee on Printing 46 Mr. Wilson, for information from his Excellency the Governor... 46 Mr. Moses, for military organization..( 48 Mr. Garlington, in relation to the Executive Council 48 Mr. J. W. Miller, in relation to commissions of Militia officers... 49 Mr. Garlington, in relation to Executive Council 50 Mr. Harrison, in relation to the 8th Regiment of Reserves 52 Mr.' Moses, in relation to the sale of bank bills 58, 84 Mr. Simkins, in relation to the production of cotton 7. *... 5 Mr. Harrison, in relation to public printing 59, 86 Mr. Simkins, relative to exemption of factories from taxation 68 Mr. Harrison, relative to College and Free Schools 69 Mr. Garlington, relative to commissions of tax collectors 69 Mr. Manning, for educating youths in State Military Academy, 83, 197, 213 Mr. Blakeney, in relation to appropriation of Free School Fund.. 85 Mr. Lesesne, offering a seat to Hon. A. P. Hayne ". 94 320 INDEX TO THE SENATE JOURNAL. Pagb By Mr. MeCaw, fbr appointment of an Assistant-Adjutant General... 98 Mr. Harrison, relative to slaves lost in the public service 99 Mr. Hope, relative to papers with the road bill 104, 198 Mr. Wilson, in relation to a recess of the General Assembly...... 109 Mr. Moses, in relation to contingent accounts 112 Mr. Lawton, in relation to the battles of Secessionville and Poco- t^ligo 118 Mr. Lesesne, for removal of records to Columbia 122 Mr. Harrison, for digest of Journal of Executive Council... 124 Mr. Garlington, relative to Journal of Executive Council 124 Mr. Hammond, relative to death of Hon. Dixon Barnes.... 123 Mr. Moses, in relation to payment of contingent accounts 127 Mr. Bonneau, in relation to suspending a certain* tax execution... 128 Mr. Oswald, in relation to Gen. Maxcy Gregg, 130, 132 Mr. Moses, in relation to 26th rule of the Senate ....^.- 139 Mr. E. G. Palmer, in relation to distribution of salt ....139, 143 Mr. Lesesne, for payment to the messenger of the Senate 140, 142 Mr. Hope, relative to production of iron 147 Mr. Arthur, relative to captured Federal soldiers 147 . Mr. Hope, relative to meeting of delegations, &c., &c 149, 154 Mr. McAliley, for adjournment of the General Assembly, 150,154, 222 Mr. Simpson, referring the Governor's Message..... 151 Mr. Lesesne, relative to closing a street by the Regents of the Lunatic Asylum ; *154 Mr. Lesesne,-for having made exemplified copies of records.., 155 Mr. Arthur-, for paying a sum of money to Dr. Talley....l68, 155, 247 Mr. Wilson, in relation to slave labor, &c * 175, 181 Mr. Mazyck, relative to adjournments of the General Assembly... 179 Mr. Garlington, relative to the daily Calendar 178 Mr. Lesesne, relative to exportation of grain 182 Mr. Fickling, for paying Commissioners on the Code 188, 247 Mr. McCaw, for correcting an error in a certain report........ 194, 206 Mr.'Moses, in relation to contracts for salt ....195, 24Y Mr. Ware, in relation to Soldiers' Boards of Relief...... 196, 19"8j 247 Mr. Lesesne, in relation to extortion 211 Mr. Ware, appointing proxies in Laurens Railroad Company..226, 239 Mr. Moses, for removal of a certain seal of secrecy 231 Committee of the Whole, in relation to Regiments of Reserves.... 232 Mr. Ware, in relation to the guaranty of Confederate debt 238, 247 Mr. Moses, asking the House to return a certain Bill 239 INDEX TO THE SENATE JOURNAL. 321 Page By Mr. Blakeney, for appointing proxies in Cheraw and Darlington Railroad 245 Committee of Conference, in relation to slaves lost in service 245 Mr. Moses, for suspending 32d rule of Senate 248 Mr. Bonneau, relative to tax executions 255 Mr. Simkins, complimentary to the women of the South 259, 261 Mr. Garlington, referring the (Governor's Message • 273 relative to Treasury notes 274, 291 Mr. Wilson, relative to Gen. Hampton 274 Mr. McAliley, relative to the course of business '. 275 for adjournments of General Assembly 280, 289 Mr. Garlington^ relative to defence of Charleston harbor 298, 303 relative to the war of the Confederate States 299 relative to the Courts 302 Mr. Arthur, appointing Commissioners of Public Buildings for Richland 288 Mr. McAliley, relative to order of business 291 RESOLUTIONS FROM tfHE HOUSE OF REPRESENTATIVES. In relation to the bravery of our troops —.' 57 Granting leave of absence to Solicitor Mclver 71 Distribution of Petigru's Code of Statute Law.-. 83 Distribution of Salt 85, 105, 110 Relative to the Governor and Council 94,,100 In relation to the currency 108 In relation to the recess of the General Assembly Ill For payment of members and officers of General Assembly 117 In relation to the defence of Charleston by Gen. Beauregard 131 Permitting the Governor to use the house of the President of the College !....., 142 Appointing managers of election for Abbeville 144 Relative to removal of records back to Charleston 144 Relative to Soldiers' Boards of Relief 144 To pay the Clerk of the House of Representatives for extra ser¬ vices.... 167 In relation to books for the Court of Ordinary, Charleston 167 Directing the President of the Bank of the State to pay certain interest 180 • For establishment of the Richmond agency 194 Requesting the military authorities to vacate Charleston Court House 201 41 322 INDEX TO THE SENATE JOURNAL. , Page In relation to the petition of Asa George 203 In relation to the performances of Gunboats 215, 221 In relation to the pay of officers of the Legislature 219 Authorizing the Governor to import cotton cards..— 224 and to erect machinery for same 224 For appointment of a Magistrate for Barnwell 230, 231 In relation to students of South Carolina College 239 In relation to clothing for our soldiers 249 For employing an ordnance officer and clerk 249 For appointing proxies in Charleston and . Savannah Railroad Company 255 In relation to election of members of Congress.. 255 Requesting three regiments of Reserves to remain in service 256 Requiring the Comptroller General to report amount of Tax Col¬ lectors' bonds r 259 Relative to the Commanding General and troops tat Charleston... 286 For. pay of members and officers of Legislature ...a......" 293 For sale of provisions for the Free Markft . .....293, 299 For appointing Escheator for Richland 293 For appointing proxies in Spartanburg and Union Railroad 293 Relative to mints .. 293s Appointing a magistrate for Barnwell . 293 Relative to the public printing.#. 295 Appointing a Commissioner of Public Buildings for Lancaster./. 297 ROADS, BRIDGES AND FERRIES, PETITIONS IN RELA¬ TION TO. From Citizens of Williamsburg..'. 43 Commissioners of Greenville... 45, 46 W. Ransom Davis 51 W. M. Benbow 89 Richardson, James M., in relation to legitimacy 46 J. S. G., elected State reporter 194 Reserves, Field Officers of, petition 48 Members of 8th regiment 68 Petition from Horry relative to 85 Petition from 8th regiment 150 Petition from Mellett and MeKnight 150 Reed, Jacob P., elected Solicitor 56 Roper Fund, report of. 62 INDEX TO THE SENATE JOURNAL. 323 REPORTS OE COMMITTEES OF THE SENATE. ACCOUNTS AND VACANT OFFICES. Pass On the contingent accounts against the Lower Division, 125, 126, 237, 255 AGRICULTURE AND INTERNAL IMPROVEMENTS. On resolutions from the Pendleton Agricultural Society 105 On a resolution relative to a supply of iron 166, 246 CLAIMS AND GRIEVANCES. On the accounts of Evans & Cogswell 83, 157 On the petition of Lewis M. Ott 83 W.H.Baker ; 83 Wm. Carer, for payment as Deputy Marshal..98, 198 On the memorial of John S. ButcIi, for compensation for a slave who died in the public serviee 98, 198 On the account of the Charleston Mercury, for public printing...98, 198 On the petition of J. J. Belser, praying compensation for a slave executed 98, 198 On the account of the Clerk of tbe Senate 119, 142, 23^5 On the petition of Chief Justice O'Neall 138 On the account of the Keeper of the State House 142 On the petition of James N. Cochran 166 Jesse Jones, praying payment for ammunition furnished the State 179 John T. Green, praying compensation'for a slave; lost in the public service 179 » J esse Briggs, for payment for a slave who died from disease contracted in the public service... 179 J. S. Wells, for payment for a slave who died in the public service 179 Philip Terry,7 for payment for a negro lost in the public service.. 179 B. R. Harbin, for payment for a slave who died from disease contracted in the public service.. 179 Jos. T. Baker, for payment for a slave lost in the public service 179 Samuel Jordan, for compensation for a slave who died in the service of the State 179 C. A. Saxon, for payment for a slave who died in the public service 179 324 INDEX TO THE SENATE JOURNAL. Pars On the petition of W. W. Culler, for payment for a slave who died from disease contracted in the public service.. 179 William Young, for payment for a slave \vho died in the public service 179 Thomas Lang, for payment for a slave who died in the public service 179 Zachariah Hall, for payment for a Slave who died from disease contracted in the public service.. 179 In relation to slaves lost in the public service 180 On the petition of R. L. Hart 211, 247 W. B. Means 211, 247 Henry McKee 211, 247 N. W. Heyward 211, 247 T. W. Gilliam.... 211, 247 J. A. Cunningham... *. 218 Zachariah EUerbe, Sr. 218 Edward Kinsler 219 Geo. C- James 219 Jas. Legare 225 Micajah Harris 227 Keeper of the State House 230, 254 COLLEGE, EDUCATION AND RELIGION. On Message No. 4 of the Governor, relative to the South Carolina Collfege 129 On the report of the Commissioners of the Deaf, Dumb and Blind 198 On Message No. 4 of the Governor, relating to the South Carolina College 218, 222 On the report of the Treasurer of the Ludlam School 225 COMMERCE, MANUFACTURES, AND THE MECHANIC ARTS. On the Marine School of Charleston 193 COMMITTEE OE THE WHOLE. On the negro labor Bill 132 On the Bill to extend relief to Soldiers' families 137 CONFEDERATE RELATIONS. On the Governor's Message relative to resolutions from Texas 294 INDEX TO THE SENATE JOURNAL. 325 FINANCE AND BANKS. Page On sundry petitions j 55, 59 On the petition, of John Williamson .' 70 A. W. Dozier 70 T. B. ClarEson, Executor 71 T. Harrison Baker 71, 198 Giles J. Patterson 83, 157 Transient, poor of Charleston 83, 157 Elizabeth Hinson.. 105, 236 On a resolution relative to sale of bank bills 105 On the memorial of the City Council of Columbia 119, 198 On resolutions for appointing an Agent to settle claims against the Confederate Government f. ....123, 198, 213 On the favorable report of the sam6 Committee on the petition of W. A. Willingham, praying to be refunded a double war tax * .123, 198, 213 On the report of the same Committee, on the petition of holders of lots on Sullivan's Island, praying exemption from taxation during the war ." 123, 198, 213 On the report of the same Committee, on resolutions in relation to compensation for slaves lost in the service 123, 198, 213 On the petition of Edgar N. Plowden 131 E. Ruthven Plowden... 131 On the account of Samuel Watson, Sheriff. ..' 131 On the petition of John R. Ellis :.... 142 Isaac N. Lenoir 148 Stockholders of the Jefferson Davis 148 On the account of the Roper Pund 149 On the memorial of the Central Association 204, 246 On the petition of James Gilliam, to be refunded a tax 236 James N. Cochran 24£ B. E. Kiddell.... ". 254 .David Ramsay, Executor..... 254 INCORPORATIONS AND' ENGROSSED ACTS. On the petition of The Right Worthy Southern Grand Lodge, &c... 22Q JUDICIARY. On the petition of Giles J. Patterson 93 On the communication of J. L. Petigru 93 from the Clerk of the Senate 96 32$ INDEX TO THE SENATE JOUKNAIy. Pv«< On the reports of Circuit Solicitors 227, 255 On a Bill in relation to relief to debtors 240 On resolutions relative to Treasury Notes . 294 LUNATIC ASYLUM AND MEDICAL ACCOUNTS. On the account of Dr. N. II. Johnston 71, 154 Dr. T. J. Goodwyn 71, 154 Drs. Powell & Templeton 107 Dr. W. C. Freeman 113 On the report of the Regents of the Lunatic Asylunt 119 On the subject of vaccination .• 1$9 MILITARY AND PENSIONS. On captured flags 85 On the petition of Asa George 131, 247 On a resolution for appointing an additional Adjutant General 131 On Creuzbaur's iron plated vessels of war 131, 143 On the petition of Joseph Melton ;... 131 In relation to the First Corps of Reserves _. 132, 157 On the petition of citizens, relative to arrests 132 the 8th Regiment of Reserves 189 On two companies of mounted rifles 195, 222 On Message No. 3 of the Governor : 198 On the petition of Mellett and McKnight 203 Citizens of Darlington 203 In relation to a record of the dead in the War , 203, 247 In relation to resolutions from Florida 204, 247 On the petition of David Ramsay, Executor , ..... 2ll In relation to rights of Reserves, &c., field officers 227^ On the subject of saltpetre 240 NEW* STATE HOUSE. On the report of the Architect, &c -...114, 122 On Message No. 10 of the Governor 132, 213 PRINTING. On Senate printing • 69, 77 PRIVILEGES AND ELECTIONS. On the All Saints' election 54, 253 INDEX TO THIS SENATE JOURNAL. 327 ROADS AND BUILDINGS. Page On the petition of citizens of Williamsburg * 70 REPORTS OE SPECIAL COMMITTEES OF THE SENATE. On Governor Pickens' Message No. 2, in relation to Executive Council 220, 223, 255 REPORTS OF COMMITTEES OF THE HOUSE OF REPRE¬ SENTATIVES. ABBEVILLE DELEGATION. On the De La Howe" School...! 225 ACCOUNTS. On contingent accounts against the Upper Division .*.... 129 CHARLESTON DELEGATION. In relation to the public records at"Charleston..,, 80 CLAIMS. On the account of the Sumter Watchman, for printing 98 Horry Dispatch, for public printing. 98 W- J. McKerral, for public printing 98 the Yorkville Enquirer, for public printing.... 98 On the petition of F. Gossett,. for payment of jail fees 98 Jos. L. Breeden, of Marlboro' District, [for moneys expended by him under a requi¬ sition of the Governor 98 the Darlington Southerner, for public printing 98 A. S. Willington & Co., of the Charleston Courier, for public printing 98 W. W. Purse 142 R. W. Gibbes, for printing 180 On the claim of the Edgefield Advertiser, for printing 180 On the account of Isaac H. Means, Secretary of State, for work done in his office in 1861 180 P. B. Glass & Co., for stationery furnished to' the House of Representatives 180 Isaac H. Means, Secretary of State', for work done in his office of 1862 180 328 INDEX TO THE SENATE JOURNAL. Page On the account of J. M, Hunter, Sheriff of Darlington District, for removing prisoners 180 E. It. Stokes, for binding *. 180 Evans & Cogswell, for printing 180 Elijah Hill, constable, for extra services 180 the Barnwell Sentinel, for printing 180 W. M. Conyers, editor of the Lancaster Ledger, for public printing 180 J. T. Hershman, for printing 180 On the petition of Thomas "Williams 211 On the account of the Clarendon Banner, for public printing 219 On the memorial of sundry citizens of Darlington District, pray¬ ing relief for Susannah Andrews 219 On the petition of B. F. Crymes, praying compensation for services rendered as a special constable 219 On the account of the Charleston Mercury, for public printing... 219 On the petition of John- J.' Stuckey, praying compensation for service in guarding and carrying to jail negroes condemned to be executed.. 219 On the account of the Clarendon Banner, for public printing.*— 219 Camden Confederate, for public printing... 219 P. O'Connell, constable, praying to be allowed twenty dollars, due upon his last annual account against the State 219 R. A. McKnight 225 Thomas S. Minton 225 Asa Chilson 225 Wm. Lesesne 249 B. Gr. Pearson 249 W. S. Johnson 249 ft. K. Butledge 249 Chas. Martin 249 T. N. Slawson 249 COLOE.ED POPULATION. In relation to removal of negroes from certain Districts 227 COMMERCE AND MANUFACTURES. * On the Governor's Message, &c., relative to manufacture of salt... 219 INDEX TO THE SENATE JOURNAL. ' CONFEDERATE RELATIONS. Page On a communication from Col. Preston, relative to conscripts 305 DELEGATION FROM ST. PHILIP'S AND ST. MICHAEL'S. In relation to the removal of negroes and non-combatants from Charleston 239 In relation to the records of the Secretary of State 249 ' EDUCATION. On the report of the College Treasurer 259 On the annual Free School returns 259 LUNATIC ASYLUM. On the report of the Regents of the Lunatic Asylum... 227 MEDICAL COMMITTEE. On the account of Drs. Powell & Templeton 107 Dr. Joseph F. Harrall 113 Dr. W. C. Freeman ; 178 Dr. F. M. Munro "... 189 Dr. Thomas P. Rawls 225 Dr. B. C. Norment 225 Dr. J. E, Grant 225 Dr. J. T. Baskins 227 "Dr. J. Caughman 228 Dr. J. Dickson Bruns 228 Dr. M. B. Earle... 228 Dr. R. W. Bates 228 MILITARY. On the petition of Asa George, in relation to a cannon 144 On a resolution in relation to arms in Horry District 190 On a resolution as to Morse's patent breech-loading carbine 203 On the Annual Report of the Board of Visitors of the State Military Academy 203 In reference to the purchase of Mahan's work on Fortifications... 203 On a resolution in relation to tools and machinery at Greenville.. 225 On Message No. 4 of the Governor, and accompanying papers.....' 225 On petition of citizens of Marion.... 261 42 330 INDEX TO THE SENATE JOURNAL.. NEW STATE HOUSE. Pass ' ,..v 219 OF THE WHOLE HOUSE. In relation to losses sustained by owners of slaves in service 224 PRIVILEGES AND ELECTIONS. On vacancies, &c...... 141, 236, 249 PUBLIC PRINTING. On the claim of C. P. Pelham, for a balance due him 228 RAILROADS. In relation to a communication from President of Charleston and Savannah Railroad Company 219 VACANT OFFICES. Nominating members of Soldiers' Boards of Relief 196 WAYS AND MEANS. On account of J. R. Stalnaker 228 Matthew Carter 228 On the petition of Wm. 0. Moss.... 228 W. L- Meggett 231 P. R. Blalock, to be refunded a tax twice paid, 105 S. B. Sturn, to be refunded a sum of money paid to the Collector of the war tax for Edgefield District 105 On the report of the Commissioners of the Poor for Georgetown District 105 On the petition of J. J. Cheatham and others, to be refunded a war tax twice paid 105 B. S. D. Muckenfuss, to be refunded a war tax paid by mistake... 105 T. C. Boiling, to be refunded an excess of war tax 105 Daniel H. Holland, to be refunded an excess of war tax 105 On the abstract of persons admitted into the Alms House at Charleston for 1862, and expenditures therefor 105 On resolutions from Alabama, relative to guaranty of the bonds of the Confederate States 129 * INDEX TO THE SENATE JOURNAL. 331 Paqs On the petition of J. Patterson, as Commissioner in Equity for Barnwell District, to be refunded a war . tax improperly paid 166 TV. F. Roberts, to be refunded a tax improp¬ erly paid 166 the Trustees of tbe Marine School of Charles¬ ton 166 Isaac N. Lenoir, to be refunded a war tax im- ■ properly paid 166 Peter Cox, to be refunded an amount of war tax overpaid . 166 Reuben Smith, to be refunded a tax ille¬ gally paid 166 0. R. Broyles, to be refunded a double tax 166 John M„ Borland, to be refunded a war tax twice paid 166 Martin Edwards, to be refunded a war tax im¬ properly paid 166 A. W. Dozier, to be refunded a tax improperly paid 166 James Bryan 169 Hiram Weeks, to be refunded an excess of war tax.. 179 Robert A. Buchanan, to be refunded an excess of war tax 179 Nathan Legare, to be refunded a double tax... 179 James Thomson, Administrator of Dabney Wansley, to be refunded a double tax 179 Daniel McJunkin, to be refunded a war tax improperly paid 179 On the report of the Comptroller General 223 On the petition of J. J. Carter, to be refunded an excess of war tax 223 On the memorial of Richard Yeadon, Chairman of the Executive Committee of the Free Market of Charleston 223 On the petition of William L. Meggett, to be refunded a war tax illegally exacted 223 Thomas Carter, to be freed from a war tax im¬ properly assessed -223 R. T. Mims, to be refunded a sum of money paid to the tax collector of Lexington District 223 332 INDEX TO THE SENATE JOtJRNAL. Page On the petition of W. Alston Pringle, as representing Julius Izard Pringle, to he refunded a double tax, 223 William E. White, to be refunded a war tax twice paid 223 James H. Marshbu?n, to be relieved from an improper war tax assessment 223 On the Annual Report of the President and Directors of the Bank of the State of South Carolina 223 On the military accounts and the contingent fund 252 On the petitions of L. P. Gaines, G. M. Wevert A. G. Meyer, Peter Horn, Exr., Robert Tuttle, E. R. Milliken, to be refunded war taxes 252 John Williamson, James Howell, Jonathan Waldrop,"B. E. Kiddellj to be refunded taxes improperly paid 252 Wofford College. 252 On Message No. 18 of Governor Pickens:...4 252 On Commissioners for the Gunboat.. 252 On Message No. 3 of the Governor . 247 On the petition, of Josiah S. Tennent 247 W. W. Tyler. 247 Charles A. Lesesne......... 247 In relation to tax executions against soldiers 295 taxes paid by the Lower Division :.... 298 YORK AND LANCASTER DELEGATIONS. On the annual report of the Agent of the Clatawba Indians 225 REPORTS OF JOINT COMMITTEES. . On the recess of the General Assembly Ill On the contingent accounts of the Executive" Department..127, 131, 142 In relation to General Gregg 137, 141 On Petigru's Code 158, 198 Of Conference, petition of Asa George '. 230 in relation to the rights of Reserves 284 On Printing, relative to time of publishing the Acts *. 296 Senate of South Carolina, officers of, elected........ 5 Call of,, and summons of members 257 State Reporter, J. S. G. Richardson elected. 194 Stark, Theo., Keeper of State House, account of 292 INDEX TO THE SENATE JOURNAL. 333 Spirituous liquors, memorisil iu relation to 52 Solicitors, Simeon Fair and Jacob P. Reed elected...."..; 56 Reports—N orthem ; 84 • Southern... 86 Western.............. 106 Eastern 154 Middle ......*. 182 Surveyor General, William F. Ervin elected.. &. 56 Stokes, E. R., account for binding 63 Sullivan's Island, inhabitants of, petition to be relieved from taxation during the war i 97 Secessionville, battle of, resolutions in relation to.. ....118, 128 Soldiers' relief, petitions in relation to, Central Association 40 Citizens of York...; 43 Chesterfield— — 45 Barnwell 49, 87 Anderson 52 Mrs. Huntington, and others 54 Lexington 59 Chesterfield —.......... 62 Orangeburg.. 79 State House Keeper, contingent account of.." 122 Slaves lost in public service, and executed, petitions relative to: Lewis M. Ott... 48, 83 J. J. Reiser... 66 John S. Burch • 80 W.H.Baker 83 E. N. Plowden. 107 B. R. Plowden ••••• 107 Samuel Jordan 122 C. A. Saxon 122 Joseph T. Baker 147 William Young ••• 148 C. R. Harbin 150 Jesse Briggs 150 C. W. Culler 154 Zachariah Ellefbe 154 Zachariah Hall.. 155 Irby S. Wells 159 334 INDEX TO THE SENATE JOURNAL. Pass Slaves lost in public service, and executed, petitions relative to: Philip Terry 161, 204 N. W. Heyward 161, 204 Jno. Thomson Green 164 R. L. Hart 172 T. W. Gillison 173 Geo. C.James ; 178 Edward Kinsler 1. 184 Micajah Harris 184 Jos. A. Cunningham 201 V. Vaccination, action relating to 189 w. War and other taxes illegally collected, petitions in relation to: B. E. Kiddell 40, 55 James Gillam ' 41, 55 Rev. B. B. Sams ...43, 59 John R.Ellis 43, 55 Reuben Smith 43, 55 Isaac Lenoir 44, 55 J. H. Marshburn 45, 55 G. W. Wilkie, Agent 45 J. S. C. DeSchamps 46, 55 W. C. Meggett 46, 55 John W. Williams ! 46, 56 A. W. Dozier 49 William Clarkson 51 John Williamson.* 54 Elizabeth Hinson 82 Giles J. Patterson 83 W. A. Willingham 107 A. G. Mayer 128 David Ramsay 150 James N. Cochran 150 Mary Schultz 173, 213 Andrew Giles 192 Ed. C. Perronneau 226, 274 War tax, report of Comptroller General and Treasurer on 86 Weston, Plowden, C. J., elected Lt. Governor 125 INDEX TO THE SENATE JOURNAL. 335 l *+& Walker, Gen. W. S., resolutions complimentary to 118; 128- Williams, Thomas, petition to be repaid certain losses 81 Watson, Samuel, Sheriff of Sumter, account for articles furnished the ■ jail 95 Withers, Hon. Thomas J., elected Judge of Appeal Court 105 Letter of acceptance from 116 Wagner, Hon. Thomas M., resolutions relative-to 133 Wool, growth of, petition relative to 173