Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-01-27
CONFEDERATE CONGRESS.
SENATE.

SENATE
aoSDGT, Jan &c, 1853
Prayer by Rev Mr. Petcrkn OF ST. James (EpiscopAl
Church
Mr. CLAY, of Ala, presented the credentials Of Hon
Allen T. Caperton Senator elect for the State of Vir
GINA Mr. Caperton qualified in the usual manner, and
occupied his seat in the Senate.
PROSECUTION OF YANKEE ARMY OFFICERS UNDER STATE
Mr.. YANCEY, Of Ala, submitted the following reso
luton;
instructed TO enquire and report whether an officer OF
the ARMY of the United States acting under the author
ty of that Government can be made liable to punish
ment al criminal for violation of the criminal laws Of
State by State tribunal when turned over to State
authorities BY order of the President
Mr. YANCEY said he was in favor Of mode Of re-
taliaton which could be accomplished. When he first
saw the plan proposed by the President in his recent
message he was favorably struck with it, but further
reflection he was induced to believe that the State
thores would rule that Federal officers turned to
them for trial were not amenable to State laws.
The resolution was adopted
PROPOSED AMENDMENT OF THE POSTAGE LAWS.
Mr. BAKER, of Fla, introduced a bill to authorize
newspapers to be mailed to soldiers free Of postage
Referred to the Committee on Post Offices and Post
Roads.
Mr. BROWN, OF Miss, introduced bill for the reor.
ranzaou of the navy to establish and equalize the
grade of officers and for other purposes. Referred to
the Committee Naval Affairs.
THE ENGINEER coRrs.
Mr. SPARROW, of La, from the Committee on Mill,
ary Affairs reported back bill TO organize engineer
troops to serve during the war, with amendments. The
bin was ordered to be printed and placed the calen-
dar.
PAY OF OFFICERS AND EMPLOYEES.
House bill making appropriations to meet the in.
of pay authorized by the act TO increase the pay
of certain officers and employees in the Executive and
Legislative Departments was taken up and passed.
THE SUPREME COURT.
90 motion of Mr HILL of Ga, the bill to organize
the Supreme Court was taken up for consideration.
Mr. BURNETT, of KY, said it was desirable to take
test vote whether any bill to organize Supreme Court
should be passed not He therefore moved the indie
finite pOstponement OF the bill.
Mr. SEMMES, of La, said his opinions as to the pro-
priety of organizing the Supreme Court had undergone
change because the condition of the country had
dergone change. Important questions arising and
likely to arise of the fiscal operations of the Gov
eminent rendered the establishment Of this Court
cessary We ought row to organize this Court so that
when re are recognized We shall have government
complete in all its parts
Mr. HILL, Of Ca said that the bill was reportcdfrom
the judiciary Committee, at the first session. in
formty with the recommendation Of the President in
his mes age to Congress He read extract from the
report of the Attorney General calling attention the
CT that there many conflicting decisions in regard
70 the CONSUMPTION other laws which cannot be ad
iusted for the want Of a Supreme Court He also read
an extract from the report Of the Secretary Of the Urea
sury showing further the necessity of organizing the
Court
Mr.. BURNETT said that the argument presented in
favor Of the organization Of the Supreme Court presup
poses that Congress incompetent to the passage Of
a tax bill which would not require adjudication by
Court Mr. b. did not believe there was business re-
curing the organization of the Court that it could
be organized at this time, as should be- For these
and other he opposed to the consideration
of the bill.
Mr.. BARNWELL, Of 5. G, said there was mach force
in the objections urged against the passage Of tho bill, by
the Senator from Ky but the presented by the
gentlemen from Georgia and Louisiana were OF para
mount character aud he disposed to yield but
could not give his support 10 the bill until the 18th sec
ton of the Judiciary Act Of the United States, adopted
by the Provisional Congress, which gives the Supreme
Court general supervision the state courts, was re-
pealed
Mr. PHELAN, Of Miss, referred to the decision of
District Judge in South Carolina tthat Congress could
not impose a tax on State bOnds) reason why
the Senator from South Carolina should favor the or
ganzaon Of the Supreme Court in order that i might
be determined whether South Carolina was equally liza
bic with the other States, which paid the tax.
Mr. ORR. oil South Carolina said the decision referred
to was rendered by Confederate, not State judge
Thchgycrs in South Carolina probably ate sharp
er than thase elsewhere, their clients kept better
LOOK out mr. ORR argued that it the constitution
al duty of Congress TO organize the Supreme Court.
The vote on the motion to indefinitely postpone was
then taE,u and resulted-yeas s. (Mes.rs Barnwel of
South Carolina, Brown, OF Mississippi, and Burnett of
Kentucky y NAYS Is
Mt. Hill moved to amend tue bin so that the Court
shall cousi,t of Chief Justice and tonr Gnstead of
tLreel As uciats Justices.
Mr.. GANCEY moved TO amend the amendment by
striking ont -four aud inserting "thre'."
After considerable debate, NJ. YASCEr's proposition
was agreed to-
The senate then went into secret session, and soon
after adjourned.